08-27-2003 MinutesBOARD OF SUPERVISORS
MINUTES
Au~st 27, 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
03-616
Staff in Attendance:
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Ms Jana Carter, Dir.,
Youth Services
Ms Marilyn Cole, Asst.
County Administrator
Mr Roy Covington, Asst.
Dir., Utilities
Mr Eric Crenshaw, Asst.
Dir., Health Dept.
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr Charles Dane, Airport
Manager/Asst. Dir. of
External Services
Ms. Rebecca Dickson, Dir.,
Budget and Management
Ms. Lisa Elko, CMC
Clerk
Dep. Chief Frank Edwards,
Fire Department
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Ms Mary Lou Lyle, Dir.,
Accounting
Mr Mike Mabe, Dir.,
Libraries
Mr R. John McCracken,
Dir., Transportation
Lt Col. Dennis McDonald,
Police Department
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
08/27/03
Mr. Francis Pitaro, Dir.,
General Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Warren called the regularly scheduled meeting to order at
3:10 p.m.
1. APPROVAL OF MINUTES
On motion of Mr. McHale, Seconded by Mrs. Humphrey, the Board
approved the minutes of JUly 23, 2003 and August 13, 2003, as
submitted.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Ms. Kathryn Owens, Deputy Refuge Manager for the United
States Fish and Wiildlife Service presented a $5,338
revenue sharing che~k to Mr. Golden, accompanied by Mr.
Warren, representingI Refuge Revenue Sharing Act payments
for use at the Presquile National Wildlife Refuge. She
provided an update on activities at Presquile.
Mrs. Humphrey requested that Ms. Owens provide her with
visitation data fromi the Presquile Refuge.
Ms. Joan Salvati, water Quality Administrator, provided
an updated report iregarding test results for Methyl
Tertiary-Butyl Ether (MTBE) in Lake Chesdin. She stated
the levels of MTBEi have been below detection limits
since 2001. She f~rther stated two legislative items
are pending in Congress, which would phase out the use
of MTBE in gasoline, if adopted.
When asked, Ms. salvati stated the legislation was
triggered by a numbeir of states encountering high levels
of MTBE in surface Water reservoirs and ground water as
a result of leaking underground storage tanks.
Mr. Miller expressed concerns relative to BMPs
contributing to theiWest Nile Virus, and directed staff
to prepare a definitive analysis of the potential for
BMPs to contribute to the risk of West Nile Virus.
Mr. Warren requested that Dr. Nelson provide a
preliminary report iat the September 17, 2003 meeting
regarding the BMP issue raised by Mr. Miller.
Mr. Chris Winstead, Virginia Department of
Transportation's i(VDOT) Resident Engineer for
Chesterfield County provided information to the Board
03-617
08/27/03
regarding VDOT's mowing efforts in county medians. He
stated VDOT is increasing its mowing intervals and will
continue to do so until the end of the mowing season.
Mr. Miller requested that Mr. Winstead convey to VDOT
his concerns relative to BMPs within highway right of
ways contributing to the risk of West Nile Virus.
Mr. Winstead stated V-DOT attempts to maintain BMPs
within ditch lines to the extent that they have been
designed to handle storm water, and encourages residents
to contact them regarding standing water in VDOT right
of ways. He further stated VDOT will test standing
water within right of ways and exterminate if it meets
the criteria for active mosquito larvae.
Mrs. Humphrey expressed appreciation to Mr. Winstead for
VDOT's snow removal efforts during the past winter. She
expressed concerns relative to tall grass leading to
site distance problems in the Matoaca District, and
requested that these situations be resolved prior to the
start of school.
Mr. Warren requested that Mr. Winstead or another V/DOT
staff member return to a Board meeting in September or
October to provide an update regarding the concerns
raised.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Miller, the Board
replaced Item 8.A., Adoption on an Emergency Basis of an
Ordinance and Resolution Exempting Concession Operations of
Certain Youth Athletic Organizations from State Food Handling
Laws; replaced Item 8.C.6.a., Transfer of District
Improvement Funds from the Matoaca District Improvement Fund
to the School Board to Purchase and Install a Message Board
at Grange Hall Elementary School; added Item 8.C.7.d.,
Request for Permission from P. C. Atack Properties, L.C. to
Encroach Within an Unimproved County Right of Way Kn6wn as
West Providence Road, and a Variable Width Virginia
Department of Transportation Slope and Drainage Easement
Across Lot 50, Providence Creek, Section F; replaced Item
10.B., Reports on the Status of the General Fund Balance,
Reserve for Future Capital Projects, District Improvement
Funds and Lease Purchases; replaced Item 14.B., Resolution
Recognizing Boy Scouts Upon Attaining the Rank of Eagle
Scouts; and adopted the Agenda, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-618
08/27/03
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING MS. ROSE MINNER BY NAMING THE CHILDREN'S
PLAYGROUND AT THE LOWE'S SOCCER COMPLEX IN HER HONOR
Mr. Golden introduced Ms. Rose Minner who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Rose Minner participated as a member of the
master plan committee and significantly contributed to the
development of the 2002 Parks and Recreation Master Plan; and
WHEREAS, Ms. Minner iwas instrumental in the community's
efforts to seek funding and develop the children's playground
at the Lowe's Soccer Complex; and
WHEREAS, Ms. Minner ivolunteers to pick up litter around
the playground; and
WHEREAS, Ms. Minner also volunteers her time to assist
with special events suCh as potluck suppers for senior
citizens at the Bensley COmmunity Center; and
WHEREAS, Ms. Minner has helped to organize and run the
Craddock Point NeighborhoOd Watch program; and
WHEREAS, Ms. Minner has helped to maintain
landscaping at the entranceway to the neighborhood; and
the
WHEREAS, Ms. Minner has made great contributions toward
her goal of making Craddock Point Subdivision and
Chesterfield County a great place to live.
NOW, THEREFORE BE iT RESOLVED, that the Chesterfield
County Board of SuperviSors, this 27th day of August 2003,
publicly recognizes Ms. Rose Minner by naming the playground
at the Lowe's Soccer Complex in her honor and is pleased to
have her as a citizen of Chesterfield County.
Ayes: Warren, McHale, Barber', Humphrey and Miller.
Nays: None.
Mr. McHale presented the executed resolution to Ms. Minner,
accompanied by several of her neighbors, and expressed
appreciation for her manyl contributions to the community.
Ms. Minner expressed appreciation to the Board for the
recognition.
RECOgNIZiNG MASTER POLICE OFFICER H. O. "HANK" HOLLAND,
IIi, POLICE DEPA.R~I~I~, UPON HIS
Lieutenant Colonel McDonald introduced Mr. Hank Holland who
was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Master Police Officer H. O. "Hank" Holland, III
will retire from the Chesterfield County Police Department on
03-619
08/27/03
September 1, 2003, after providing 28 years of
service to the citizens of Chesterfield County; and
quality
WHEREAS, Officer Holland has faithfully served the
county in the capacity of Patrol Officer, Drug Abuse
Resistance Education (D.A.R.E.) Instructor and Mentor for the
U.S. Eastern Regional District for D.A.R.E., Desk Officer,
Department of Criminal Justice Services Instructor and Total
Quality Improvement (T.Q.I.) Facilitator; and
WHEREAS, Officer Holland served the Police Department as
a K-9 Officer from 1977 to 1979; and
WHEREAS, Officer Holland began his public service to the
citizens of Chesterfield County at the age of 16 as a
volunteer fireman at Manchester Volunteer Fire Department,
and again served with this volunteer unit from 1974-1975; and
WHEREAS, Officer Holland received national, state and
local recognition for his duties as a D.A.R.E. Officer,
including Officer Holland's D.A.R.E. students at J. G. Hening
Elementary School contributing two of the fifteen amendments
of the Children's Bill of Rights signed by President Clinton;
and
WHEREAS, Officer Holland received a Virginia PTA
Honorary Life Membership in recognition of his noteworthy
loyalty and high achievement in promoting the welfare of
children and youth; and
WHEREAS, Officer Holland received a Certificate of
Commendation for his actions on July 26, 1999, at Johnston
Willis Hospital, where he led a cadre of employees in
controlling two fires that had a serious potential for damage
due to their location near several nitrous oxide tanks, an
electric transformer and fuel lines, and a total of 23 fire
extinguishers were used to keep the fires under control until
the arrival of the Chesterfield County Fire Department; and
WHEREAS, Officer Holland has received many letters of
commendation and appreciation from the Police Department,
federal, state and local law enforcement agencies, and
citizens for his performance and dedication to his law
enforcement duties; and
WHEREAS, Officer Holland has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service, and Chesterfield County and the Board of
Supervisors will miss Officer Holland's diligent service.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of August 2003,
publicly recognizes Master Police Officer H. O. ~Hank"
Holland, III, and extends on behalf of its members and the
citizens of Chesterfield County appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Officer Holland, 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. Holland,
accompanied by members of his family and Lieutenant Colonel
03-620
08/27/03
McDonald, expressed appreciation for his dedicated service
and wished him well in his retirement.
Mr. Holland expressed the!following words of gratitude:
"Though it has come to be my turn to be thanked and honored
for my years of service to Chesterfield County, I can only
humble myself to thank you. It is only by the Grace of God,
my family, friends, fellow police officers, and our' citizens
that I am able to stand here now before you. Being a
participant in the changes in our county since 1975, I have
concluded all along that we are a productive community. We
have always had the best of people working to make a strong
county government. Even in the days of totally volunteer
fire departments, rescue squads, and a small police
department, the citizens of this county were served by
dedicated people who made a personal decision to serve their
community.
On a hot summer day in June of 1960, our family arrived in
Chesterfield County to begin a new chapter in our lives. The
six of us arrived in a 1953 two door Studebaker, with no air
conditioning in the late afternoon heat. The youngest was
less than a year old. It was the days when you did not have
disposal diapers and the only formula for babies was milk.
My parents made a landmark decision to build a better life
with the opportunities afforded in the Capital City area.
Their 'First Choice' to begin this adventure was Chesterfield
County. The rest is history forty-three years later.
My choice to serve Chesterfield County was derived from the
police officers that served our community. I considered
these officers to be 'Legends.' For so few to cover such a
large diversified county!, they dedicated themselves to the
task. Everyone knew and respected them. On September 1,
1975, I had the honor toi be appointed and joined these true
'Legends.' Throughout my career I have enjoyed working with
the best. I have never ~contemplated leaving the department
for another, whether it ibe federal, state, or local. As I
leave my duties as a public servant, I trust that technology
will continue to automate the necessary documentation duties
to keep the police offiCer out in the community to do what
they are trained and dedicated to do best.
I want to thank you and all whom have served this county for
supporting this police department during my tenure. You have
spoken about us with sincere pride. Your pride is a great
honor to those officers who serve our citizens on a daily
basis. This county will continue to grow and ibe strong
because of our legacy. May those who will serve remember to
be of good stewards for the citizens and businesses that have
made Chesterfield County !their 'First Choice.'
May God continue to bless and protect you.
Godspeed..."
Farewell and
A standing ovation followed.
Mr. Stegmaier presented a Jefferson Cup to Mr. Holland and
expressed appreciation for! 28 years of dedicated service.
03-621
08/27/03
5.C. RECOGNITION OF 2003 NACO ACHIEVEMENT AWARD WINNERS
Ms. Cole stated that this year Chesterfield County is the
recipient of 12 Achievement Awards from the National
Association of Counties (NACo). She further stated the
Public Affairs Department also received 22 awards from the
National Association of County Information Officers (NACIO).
Mr. Warren, accompanied by Mr. Stegmaier, recognized the
following recipients and presented them with the 2003 NACo
Achievement Awards:
Department
Project
County Administration
Aging of the Population:
Choices, Options and
Benefits of Aging
Fire Department
> Officer and Supervisory
Continued Education
Initiative
> Public/Non-Profit Partnership
> Joint Venture Training
Initiative
> Junior Safety camp
Human Resources Management
> Chesterfield University
> Job Reclassification Process
Action Team
Libraries
> See Ya @ the Library
> Check and Chick at Your
Library
> Meadowdale Library Homework
Center
Police Department
> Military Reservist Family
Support Group
Utilities Department
Communicating a New
Collections Program by
Embracing Proactive
Customer Service
Mr. Warren and Mr. Stegmaier congratulated and commended each
department on their recognitions.
A standing ovation followed.
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITEMS
There were no deferred items at this time.
03-622
08/27/03
8. NEW BUSINESS
8.A. ADOPTION ON AN EMERGENCY BASIS OF AN ORDINANCE AND
RESOLUTION EXEMPTING CONCESSION OPERATIONS OF CERTAIN
YOUTH ATHLETIC ORGANIZATIONS FROM STATE FOOD HANDLING
LAWS
Mr. Hammer stated the state Board of Health recently issued a
ruling that concessions sales at youth athletic activities
are bound by regulations controlling preparation and handling
of foods. He further stated the Code of Virginia allows the
county to exempt concession stands at youth athletic
activities from state regulation by adoption of an ordinance
and requiring the local health official to supervise
concession activities as he deems appropriate. He stated
staff recommends that the Board adopt the proposed ordinance
on an emergency basis.
When asked, Mr. Hammer stated the state law does not include
high school athletic associations.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following ordinance on an emergency basis:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
REENACTING SECTION 12=41 RELATING TO CONCESSION STANDS
AT YOUTH ATHLETIC FACILITIES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 12-411 of the Code of the County of
Chesterfield, 1997, as amended, is amended and reenacted to
read as follows:
ARTICLE III. REGULATION OF FOOD AT COUNTY FAIRS
AND CONCESSIONS AT YOUTH ATHLETIC ACTIVITIES
Sec. 12-41. Applicability of state law.
(a) The Code of Virginia, tit. 35.1, shall not apply to
the county fairs sponsored by the Chesterfield County Fair
Association or concession stands at youth athletic
activities, when such stands are promoted or sponsored by
either a youth athletic' association or by any charitable
nonprofit organization or group thereof which has been
recognized by resolution of the county as being part of its
youth recreational program.
(b) The advisory s~andards issued by the state board of
health are incorporated herein by reference and shall apply
to the sale, preparation, serving, transporting and handling
of food at such fairs. The county health officer or his
designee shall supervise the sale, preparation, service,
transporting and handling of food at such fairs.
(c) It shall be the duty of the county's director of
health, or a qualified person designated by him, to provide
education and consultation, establish advisory standards and
exercise appropriate supervision regarding the safe
preparation, handling, protection and preservation of food at
03-623
08/27/03
concession stands at youth athletic activities, to protect
the public health.
(2) That this ordinance shall become effective immediately
upon adoption.
And, further, the Board adopted the following resolution:
RESOLUTION OF CHESTERFIELD COUNTY RECOGNIZING YOUTH ATHLETIC
ASSOCIATIONS AND OTHER CHARITABLE, NON-PROFIT ORGANIZATIONS
WHICH ARE PART OF THE COUNTY'S YOUTH RECREATIONAL PROGRAM
WHEREAS, § 35.1-26 of the Code of Virginia permits the
County to exempt by ordinance or resolution certain
organizations from the state food handling laws; and
WHEREAS, on this 27th day of August 2003,
contemporaneously with this resolution, the Board has adopted
on an emergency basis an ordinance to exempt organizations
which are part of the County's youth recreational program;
and
WHEREAS, state law requires that the County identify
which organizations shall be exempt from state law pursuant
to the ordinance.
NOW, THEREFORE, BET IT RESOLVED by the Board of
Supervisors of the County of Chesterfield that the following
organizations are recognized as being part of the County's
youth recreational program and are, therefore, entitled to an
exemption pursuant to § 12-41 of the County Code from the
food handling laws found in Title 35.1 of the Code of
Virginia:
American Legion Post 137
American Legion Post 186
Alberta Smith Athletic Association
Bellwood Athletic Association
Beulah Athletic Association
Bon Air Basketball Association
Central Chesterfield Little League
Chester Pres Basketball
Chesterfield Basketball League
Chesterfield Baseball Clubs
Chesterfield Cheerleading League
Chesterfield Girls Basketball
Chesterfield/Hopewell Youth Wrestling League
Chesterfield LaCrosse Club
Chesterfield Little League
Chesterfield Metro
Chesterfield Soccer Club
Chesterfield Quarterback League
Chesterfield Youth Softball
Chalkley Athletic Association
Chester Athletic Association
Clover Hill Athletic Association
Crenshaw Athletic Association
Davis Athletic Association
Enon Athletic Association
Enon Baseball Athletic Association
Enon Girls Basketball Athletic Association
Enon Boys Basketball Athletic Association
Enon Softball Athletic Association
Ettrick Athletic Association
03-624
08/27/03
Ettrick Matoaca Basketball League
Evergreen Athletic Association
F. C. Richmond Soccer
Falling Creek Athletic Association
Falling Creek Sports Athletic Association
Gordon Athletic Association
Harrowgate Athletic Association
Hening Athletic Association
Huguenot Little League
Hopkins Athletic Association
Jacobs Road Athletic Association
James River Soccer
Margueritte Christian Athletic Association
Matoaca Athletic Association
Midlothian Athletic Association
Midlothian Youth Soccer League
Pocoshock Valley Youth SoCcer
Providence Athletic Association
Reams Athletic Association
Richmond Kickers
Robious Athletic Association
Royalettes Baton Corps, The
Salem Church Athletic Association
Spring Run Athletic Association
Swift Creek Athletic Association
Swift Creek Sports Club
Weaver Athletic Association
Wells Athletic Association
Woodlake Athletic Association
Woolridge Athletic Association
And, further, the Board set the date of September 17, 2003 at
7:00 p.m. for a public he!aring to consider re-adoption of the
ordinance.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8. B. APPOINTMENTS
On motion of Mr. McHale,i seconded by Mr. Warren, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Airport Advisory Board, Youth Services Citizen Board,
Chesterfield Community Services Board, Health Center
Commission and GRTC Transit System Board of Directors.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.1. AIRPORT ADVISORY BOARD
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Mr. John C. Marsh,
representing the Dale District, to serve on the Airport
Advisory Board, whose term is effective immediately and
expires March 26, 2006.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-625
08~27~03
8.B.2. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Barber, seconded by Mr. Miller, the Board
simultaneously nominated/appointed Mr. Wendell Roberts, adult
member representing the Midlothian District, and Ms. Billie
Tebbens, adult member representing the Dale District, to
serve on the Youth Services Citizen Board, whose terms are
effective immediately and expire June 30, 2006.
And, further, the Board simultaneously nominated/appointed
Ms. Xuan Pham, student member representing the Dale District,
to serve on the Youth Services Citizen Board, whose term is
effective immediately and expires June 30, 2004.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.3. CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Ms. Gayle Skibinski and
Mr. A. James Kauffman, representing the county at-large, to
serve on the Chesterfield Community Services Board, whose
terms are effective September 1, 2003 and expire December 31,
2005.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.4. HEALTH CENTER COMMISSION
On motion of Mr. Barber, seconded by Mr. McHale, the Board
simultaneously nominated/appointed Ms. Margie Dickinson
Davis, representing the Midlothian District, to serve on the
Health Center Commission, whose term is effective immediately
and expires June 30, 2007.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.5. GRTC TRANSIT SYSTEM
On motion of Mr. McHale, seconded by Mr. Miller, the Board
simultaneously nominated/reappointed Mr. David W. Mathews,
Mr. Daniel K. Smith and Mr. S. Joseph Ward, representing the
county at-large, to serve on the GRTC Transit System Board of
Directors, whose terms are effective October 15, 2003 and
expire October 14, 2004.
And, further, the Board authorized the County Administrator,
or his designee, to appear at the October 15, 2003 GRTC
annual meeting to vote, on behalf of the county, for the GRTC
Directors appointed by the Board and by Richmond City
Council.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-626
08/27/03
8 · C . CONSENT ITEMS
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
removed the following items from the Consent Agenda for
public comment: Item 8.C.6.a., Transfer of District
Improvement Funds from the Matoaca District Improvement Fund
to the School Board to Purchase and Install a Message Board
at Grange Hall Elementary School; Item 8.C.6.b., Transfer of
District Improvement Funds from the Matoaca District
Improvement Fund to the Chesterfield County Department of
Environmental Engineering for the Purchase of a Turbidity
Curtain to be Installed in the Swift Creek Reservoir at Route
360 and Dry Creek; Item 8.C.6.d.1., Transfer of District
Improvement Funds from to the Department of Genera]. Services
to Erect a Memorial Wall to Honor Police Officers Who Have
Died in the Line of Duty; and Item 8.C.13., Approval of
FY2005 Priority List of Primary and Interstate Needs.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1.&. RECOGNIZING MRS- ASTRA S. THOPd~TON, CHESTERFIELD/
COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES,
UPON HER RETIREMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Mrs. Astra Thornton began her public service
career with the county as a Social Worker with the Department
of Social Services from 1968 to 1969; and
WHEREAS, in 1979, Mrs. Thornton returned to county
employment as an Eligibility Worker with the Department of
Social Services; and
WHEREAS, Mrs. Thornton was promoted to Senior
Eligibility Worker in 1985 and served in that capacity until
1996; and
WHEREAS, in 1996, ~Mrs. Thornton transferred to the
position of Social Worker in the Child Care Unit and has
served there until present; and
WHEREAS, Mrs. Thornton was honored as the agency's
"Employee of the Year" in 1996; and
WHEREAS, throughout her career at the Department of
Social Services, Mrs. Thornton has served the most vulnerable
citizens of Chesterfield County and the City of Colonial
Heights.
NOW, THEREFORE BE tT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Astra Thornton, expresses the
appreciation of all residents for her service to Chesterfield
County, and extends appreciation for her dedicated service to
the county, congratulations upon her retirement, and best
wishes for a long and happy retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-627
08/27/03
8.C.l.b.
RECOGNIZINO MRS. BETTY J. O'SHIELDS, SHERIFF'S
OFFICE, UPON HER RETIREMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Mrs. Betty O'Shields began her employment with
Chesterfield County as a school crossing guard at Ettrick
Elementary School from 1979 until 1985, and began her career
with the Chesterfield County Sheriff's Office in 1985 as a
Senior Emergency Services Dispatcher; and
WHEREAS, in her capacity as a Records Specialist, Mrs.
O'Shields has received fourteen letters of appreciation and
two letters of commendation from citizens, co-workers and
members of other agencies, and in September 1995, received
accolades from a Chesterfield County citizen for the
dedication and professionalism she rendered while off duty by
coming in to work very early on a Sunday morning to assist
the citizen with the release of a family member in another
jurisdiction; and
WHEREAS, on August 2, 1996, Mrs. O'Shields was vital in
assisting the Emergency Communications Center, Chesterfield
Police and the Sheriff's Office in the apprehension of the
First Union Bank robbery suspects through her rapid response
in relaying pertinent information to the police and in
coordinating radio traffic between the two agencies; and
WHEREAS, Mrs. O'Shields was selected as Employee of the
Quarter for the fourth quarter in 1990 for her dedication,
professionalism, courteous and helpful attitude in providing
quality and efficient service; and was nominated three times
by her supervisors for Employee of the Quarter and received
honorable mention in December 1995, September 1999 and again
in June 2000, which speaks highly of her teamwork,
cooperative attitude, personal energy and willingness to
always go beyond what is requested of her; and
WHEREAS, during her career, Mrs. 0'Shields has been
commended for her efforts in volunteering for numerous
committees, Special Olympics, fund raisers and other special
events; and
WHEREAS, during a recent Virginia Crime Information
Network (VCIN) audit conducted by the Virginia State Police,
one of the auditors commented that the Chesterfield Sheriff's
Office has one of the most well managed VCIN and warrant
record keeping systems in the Commonwealth, and others across
the state should take their lead from Mrs. 0'Shields in
conducting their business; and
WHEREAS, Mrs. O'Shields established herself early in her
career as a person with a strong desire to do her job with
enthusiasm and to give deputies and officers more than what
they were requesting to enable them to perform their duties
efficiently, effectively and with the highest standard of
safety affordable to them; and
WHEREAS, the employees of the Chesterfield County
Sheriff's Office have had the honor and privilege of serving
03-628
08/27/03
the citizens of Chesterfield County and the Commonwealth of
Virginia with Mrs. O'Shields who has through her work ethic
and personality enhanced each employee and the reputation of
the Sheriff's Office.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Betty J. O'Shields, expresses the
appreciation of all residents for her dedicated service to
the county, and extends congratulations upon her retirement
and best wishes for a long and happy retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.c. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
8.C.l.c.1. MR. CURTIS CRAIG LANE
On motion of Mr. McHale, .seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Curtis!Craig Lane, Troop 874, sponsored by
Saint Luke's United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Curtis 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 27th day of August 2003,
recognizes Mr. Curtis Craig Lane, 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.
03-629
08/27/03
8.C.l.c.2. MI{. JONATHAN THOMAS LOVIZA
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Jonathan Thomas Loviza, Troop 806,
sponsored by Woodlake United Methodist Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Jonathan has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of August 2003,
recognizes Mr. Jonathan Thomas Loviza, 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.3. MR. JUSTIN EDWARD WARGOFCAK
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
03-630
08/27/03
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Justin Edward Wargofcak, Troop 178,
sponsored by Ivey Memorial 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, Justin 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. Justin Edward
Wargofcak, extends congratulations on his attainment of Eagle
Scout, and acknowledges ithe good fortune of the County to
have such an outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.d.
RECOGNIZING MRS. DEBBIE BEVINS FOR HER PROFESSIONAL
ACHIEVEMENTS
On motion of Mr. McHale, iseconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Mrs. Debbie Bevins
professional for 18 years!; and
has been a radio
WHEREAS, Mrs. Bevins has been the leading biller with
WMXB for 12 years; and
WHEREAS, Mrs. Bevins began her radio career in Richmond,
Virginia at Q-94 before moving to WMXB; and
WHEREAS, it was at Q-94 that Mrs. Bevins met her future
husband, Richmond radio personality Bill Bevins; and.
WHEREAS, Mrs. Bevins has developed an extensive network of
business relationships with agencies and local businesses
throughout the Metro Richmond area; and
WHEREAS, Mrs. BevinS is leaving WMXB for another career
opportunity; and
WHEREAS, Mrs. Bevins' efforts at Q-94 and WMXB have
contributed to the Metro Richmond Area receiving more news
and information about their communities during her tenure;
and
WHEREAS, Mrs. Bevins' experience
knowledge of the area will be missed; and
and
wide-ranging
WHEREAS, Mrs. Bevins also serves as president of the
Richmond Ronald McDonald H.ouse Board.
03-631
08/27/03
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of August 2003,
publicly recognizes the professional achievements of Mrs.
Debbie Bevins, and wishes her continued success in all her
endeavors.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.2. REQUESTS FOR MUSIC/ENTERTAINMENT FESTIVAL PERMITS
8.C.2.a. FROM RIVER CiTY BLUES SOCIETY FOR A MUSIC FESTIVAL
AND PICNIC ON SEPTEMBER 28, 2003
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from River City Blues Society for a
music/entertainment festival permit for a musical festival
and picnic at the Dale Ruritan Center on September 28, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.2.b. FROM SUBSTANCE ABUSE FREE ENVIRONMENT, INCORPORATED
(SAFE) FOR BANDFEST 2003 ON SEPTEMBER 20,2003
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from Substance Abuse Free Environment,
Incorporated (SAFE) for a music/entertainment festival permit
for Bandfest 2003 at the Southside Church of the Nazarene on
September 20, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3. APPROVAL TO EXECUTE AN EXTENSION OF THE SERVICE
AGREEMENT WITH THE CENTRAL VIRGINIA WASTE MANAGEMENT
AUTHORITY FOR RECYCLING USED PROPANE TANKS AT THE
COUNTY TRANSFER STATIONS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to sign the extended
Service Agreement with the Central Virginia Waste Management
Authority for recycling used propane tanks at the county
transfer stations.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.4. STATE ROAD ACCEPTANCE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
03-632
08/27/03
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia,
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Chan.qe to the Secondary System of State Hl.qhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Harrowgate Place, Section 2 and a Portion of Somerset, Section 9
· Dogwood Avenue, State Route NUmber: 873
From: Sandwave Rd., (Rt. 1181)
To: 0.02 Mi. E of Sandwave Rd., (Rt 1181), a distance of: 0.02 miles.
Right-of-way record was filed on 9/21/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 12,
with a width of 50 Ft.
· North Light Drive, State Route NUmber: 3465
From: Sandwave Rd., (Rt. 1181)
To: 0.02 Mi. E of Sandwave Rd., (Rt. 1181), a distance of: 0.02 miles.
Right-of-way record was filed on 9/21/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 12,
with a width of 50 Ft.
· Sandwave Road, State Route Number: 1181
From: 0.03 Mi. S of Dogwood Ave. (Rt. 874) & (Rt. 3819)
To: North Light Dr., (Rt. 3465), a distance of: 0.03 miles.
Right-of-way record was filed on 9/21/2000 with the Office Of Clerk To Circuit Court in Pb, 113; Pg. 12,
with a width of 60 Ft.
· Sandwave Road, State Route Number: 1181
From: North Light Dr., (Rt. 3465)
To: Tanner Slip Cr., (Rt. 5556), a distance of: 0.03 miles.
Right-of-way record was filed on 9/21/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 12,
with a width of 60 Ft.
·
From:
To:
Sandwave Road, State Route Number: 1181
Tanner Slip Cr., (Rt. 5556)
0.05 Mi. E of Tanner Slip Cr., (Rt. 5556), a distance of: 0.05 miles.
03-633
and the
this Board guarantees
as described, and any
drainage.
copy of
for the
08/27/03
Right-of-way record was filed on 9/21/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg, 12,
with a width of 60 Ft.
· Tanner Slip Circle, State Route Number: 5556
From: Sandwave Rd., (Rt. 1181)
To: 0.33 Mi. E of Sandwave Rd., a distance of: 0.33 miles.
Right-of-way record was filed on 9/21/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 12,
with a width of 40 Ft.
Right-or-way record was filed on 4/13/1988 with the Office of Clerk to Circuit Court in Pb. 61; Pg. 8
with a width of 40 Ft. (Sommerset, Section 9 portion of 88 Ft.)
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
Engineer for the Virginia
has advised this Board the
established by the Subdivision
the Virginia Department of
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
TvDe Change to the Secondary System of State Highways: Addition
Addition, New subdivision street
Basis for Change:
Statutory Reference: §33.1-229
Project: Stoney Glen South, Sec. I
Baltustrol Avenue, State Route Number: 5393
Branders Bridge Rd (Rt. 625)
From:
Beachmere Dr., (Rt. 5394), a distance of: 0.05 miles.
Right-of-way record was filed on 4/23/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 79,
with a width of 50 Ft.
Baltustrol Avenue, State Route Number: 5393
Beachmere Dr., (Rt. 5394)
From:
Dampier Dr., (Rt. 5397), a distance of: 0.06 miles.
Right-of-way record was filed on 4/23/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 79,
03-63~
08/27/03
with a width of 50 Ft.
· Baltustrol Avenue, State Route N umber: 5393
From: Dampier Dr., (Rt. 5397)
To: 0.01 Mi. E of Dampier Dr, (R~ 5397), a distance of: 0.01 miles.
Right-of-way record was filed on 4/23/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 79,
with a width of 50 Ft.
· Beachmere Court, State Route NUmber: 5395
From: Beachmere Dr., (Rt. 5394)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 4/23/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 79,
with a width of 50 Ft.
· Beachmere Drive, State Route Number': 5394
From: Baltustrol Av., (Rt. 5393)
To: Beachmere Ct., (Rt. 5395), a distance of: 0.11 miles.
Right-of-way record was filed on 4/23/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 79,
with a width of 50 Ft.
· Beachmere Drive, State Route Number: 5394
From: Beachmere Ct., (Rt. 5395)
To: Beachmere Tr., (Rt. 5396), a distance of: 0.04 miles.
Right*of-way record was filed on 4/23/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 79,
with a width of 50 Ft.
· Beachmere Drive, State Route Nurober: 5394
From: Beachmere Tr., (Rt. 5396)
To: Cul-de-sac, a distance of: 0.23 mile.,~.
Right-of-way record was filed on 4/23/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 79,
with a width of 50 Ft.
· Beachmere Terrace, State Route Number: 5396
From: Beachmere Dr., (Rt. 5394)
To: 0.03 Mi. W of Beachmere Dr., (Rt. 5394), a distance of: 0.03 miles.
Right-of-way record was filed on 4/23/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 79,
with a width of 50 Ft.
· Dampier Drive, State Route Number: 5397
From: Baltustrol Av., (Rt. 5393)
To: 0.08 Mi. S of Baltustrol Av., (R!. 5393), a distance of: 0.08 miles.
Right-of-way record was filed on 4/23/2001 with the iDffice Of Clerk To Circuit Court in Pb. 116; Pg. 79,
with a width of 50 Ft.
03-635
08/27/03
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Twe Chan¢~e to the Secondary System of State Hiahwavs:
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project:
From:
To:
Addition
Warfleld Estates, Section E
Warfleld Estates Drive, State Route Number: 4454
0.05 Mi. E of Wadield Estates Tr., (Rt. 4456)
Warfield Estates Pl., (Rt. 5376), a distance of: 0.01 miles.
Right-of-way record was filed on 11/2/1999 with the Office Of Clerk To Cimuit Court in Pb.107; Pg 89, with
a width of 44 Ft.
· Warfield Estates Drive, State Route Number: 4454
From: Warfield Estates PI., (Rt. 5376)
To: Cul-de-sac, a distance of: 0.18 miles.
Right-of-way record was filed on 11/2/1999 with the Office Of Clerk To Cimuit Court in Pb.107; Pg 89, with
a width of 40 Ft.
· Warfleld Estates Place, State Route Number: 5376
From: Warfield Estates Dr., (Rt. 4454)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 11/2/1999 with the Office Of Clerk To Circuit Court in Pb.107; Pg 89, with
a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
03-636
08/27/03
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
NOW, THEREFORE BE
the Virginia Department
described below to the
Engineer for
has advised
established by
the Virginia
the Virginia
this Board the
the Subdivision
Department of
IT RESOLVED, that
oif Transportation
Secondary system
this Board requests
to add the streets
of state highways,
pursuant to § 33.1-2219, Code of Virginia,
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Arbor Landing, Sec. 6
· Arbor Point Terrace, State Route Number: 5570
From: Drayton Landing Dr., (Rt. 5568)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 2/24/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 53,
with a width of 50 Ft.
· Drayton Landing Court, State RoUte Number: 5569
From: Drayton Landing Dr., (Rt 5568)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 2/24/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 53,
with a width of 50 Ft.
· Drayton Landing Drive, State Route Number: 5568
From: Ironbridge Py., (Rt. 1569)
To: Drayton Landing Ct., (Rt. 5569), a distance of: 0.04 miles.
Right-of-way record was filed on 2/24/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 53,
with a width of 50 Ft.
· Drayton Landing Drive, State Rou~e Number: 5568
From: Drayton Landing Ct., (Rt. 556g)
To: Arbor Point Tr., (Rt. 5570), a d!stance of: 0.05 miles.
Right*of-way record was filed on 2/24/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 53,
with a width of 50 Ft.
and the
this Board guarantees
as described, and any
drainage.
copy of
for the
03-637
08/27/03
·
From:
To:
Drayton Landing Drive, State Route Number: 5568
Arbor Point Tr., (Rt. 5570)
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 2/24/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 53,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Hiahwavs:
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
Jessup Station
Holden Road, State Route Number: 5559
Jessup Station Dr., (Rt. 5560)
Cul-de-sac, a distance of: 0.04 miles.
A~ldltlon
Right-of-way record was filed on 12/22/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 57,
with a width of 50 Ft.
· Holden Road, State Route Number: 5559
From: Jessup Station Dr., (Rt. 5560)
To: 0.09 Mi. W of Jessup Station Dr., (Rt. 5560), a distance of: 0.09 miles.
Right-of-way record was filed on 12/22/1998 with the Office of Clerk To Circuit Court in Pb. 102; Pg. 57,
with a width of 50 Ft.
· Jessup Station Court, State Route Number: 5557
From: Jessup Station Dr., (Rt. 5560)
To: Cul-de-sac, a distance of: 0.09 miles.
03-638
08/27/03
Right-of-way record was filed on 12/22/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 57,
with a width of 50 Ft.
Jessup Station Drive, State Rout~ Number: 5560
From:
To:
Jessup Rd., (Rt. 643)
Jessup Station PI., (Rt. 5558) ~ Jessup Station Ct. (Rt. 5557), a distance of: 0.05 miles.
Right-of-way record was filed on 12/22/1998 with th~ Office Of Clerk To Circuit Court in Pb. 102; Pg. 57,
with a width of 50 Ft.
· Jeesup Station Drive, State Route, Number: 5560
From: Jessup Station PI., (Rt. 5558) ~& Jessup Station Ct. (Rt. 5557)
To: Holden Rd., (Rt. 5559), a distance of: 0.07 miles.
Right-of-way record was filed on 12/22/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 57,
with a width of 50 Ft.
· Jessup Station Place, State Rout~ Number: 5558
From:
Jessup Station Dr., (Rt. 5560)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 12/22/1998 with th(~ Office Of Clerk To Circuit Court in Pb. 102; Pg. 57,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below
recorded in the Clerk's! Office of the
Chesterfield County; and
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
are shown on plats
Circuit Court of
Engineer for the Virginia
has advised this Board the
established by the Subdivision
the Virginia Department of
NOW, THEREFORE BE ITi RESOLVED, that this Board requests
the Virginia Department o~ Transportation to add the streets
described below to the siecondary system of state highways,
pursuant to § 33.1-22i9, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER ~ESOLVED, that this Board
a clear and unrestricted right-of-way, as described,
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
guarantees
and any
copy of
for the
Tvpe Change to the Secondary System of State HIRhways:
Basis for Change: Addition, New subdivision street
Addition
Statutory Reference:
§33.1-229
Project:
Foxflre, Section 1
Fox Light Parkway, State Route Number: 5534
03-639
08/27/03
From: Woolridge Rd., (Rt. 668)
To: 0.42 Mi. W of Woolridge Rd., (Rt. 668), a distance of: 0.42 miles.
Right-of-way record was filed on 8/9/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 38, with
a width of 100 Ft.
· Fox Light Parkway, State Route Number: 5534
From: 0.42 Mi. W of Woolridge Rd., (Rt. 668)
To: Fox Marsh Dr., (Rt. 5549), a distance of: 0.08 miles.
Right-of-way record was filed on 8/9/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 38, with
a width of 100 Ft.
· Fox Light Parkway, State Route Number: 5534
From: Fox Marsh Dr., (Rt. 5549)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 8/9/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 38, with
a width of 50 Ft.
· Fox Marsh Court, State Route Number: 5551
From: Fox Marsh Dr., (Rt. 5549)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 8/9/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 38, with
a width of 40 Ft.
· Fox Marsh Drive, State Route Number: 5549
From: Woolridge Rd., (Rt. 668)
To: Fox Marsh PI., (Rt. 5550), a distance of: 0.11 miles.
Right-of-way record was filed on 8/9/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 38, with
a width of 40 Ft.
· Fox Marsh Drive, State Route Number: 5549
From: Fox Marsh PI., (Rt. 5550)
To: Fox Marsh Ct., (Rt. 5551), a distance of: 0.08 miles.
Right-of-way record was filed on 8/9/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 38, with
a width of 40 Ft.
· Fox Marsh Drive, State Route Number: 5549
From: Fox Marsh Ct., (Rt. 5551 )
To: Cul-de-sac, a distance of: 0.13 miles.
Right-of-way record was filed on 8/9/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 38, with
a width of 40 Ft.
· Fox Marsh Place, State Route Number: 5550
From: Fox Marsh Dr., (Rt. 5549)
To: Cul-de-sac, a distance of: 0.13 miles.
Right-of-way record was filed on 8/9/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 38, with
03-640
08/27/03
a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streetsi described below are shown on plats
recorded in the Clerk'S Office of the Circuit Court of
Chesterfield County; and !
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements om the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department oif Transportation to add the streets
described below to the ~econdary system of state highways,
pursuant to § 33.1-22i9, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted iright-of-way, as described, and any
necessary easements for c~ts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chan~e ~ the Secondary S~tem of State ~iflhwa~: Addition
Basis for Change: Addition, New sub~
Statutory Reference: §33.1-229
Project:
From:
To:
Iivlslon street
St. James Woods, Sec. J
Lomond Drive, State Route Numb ;r: 5561
Nevis Dr., (Rt. 6069) ;
Cul-de-sac, a distance of: 0.15 miles.
Right-of-way record was filed on 2/8/2002 with the Office Of Clerk To Circuit Court in Pb 123; Pg. 77, with
a width of 40 Ft.
· Nevis Drive, State Route Number: 6069
From: 0.21 Mi. E of Explorer Dr., (Rt. ',3998)
To: Lomond Dr., (Rt. 5561), a distance of: 0.05 miles.
Right-of-way record was filed on 2/8/2002 with the Office Of Clerk To Circuit Court in Pb 123; Pg. 77, with
a width of 40 Ft.
· Nevls Drive, State Route Number:t6069
From: Lomond Dr., (Rt. 5561)
To: Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 2/8/2002 with the Office Of Clerk To Circuit Court in Pb 123; Pg. 77, with
a width of 40 Ft.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-64,1
08/27/03
8.C.5. SET DATES FOR PUBLIC HEARINGS
8.C.5.&. TO CONSIDER AMENDING THE COUNTY'S UNSAFE STRUCTURES
ORDINANCE TO iNCLUDE A CIVIL PENALTY
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of September 17, 2003 at 7:00 p.m. for a public
hearing to consider whether to prescribe a civil penalty for
violation of the county's unsafe structures ordinance.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.5.b. TO CONSIDER AMENDING THE COUNTY CODE TO ELIMINATE
THE SUNSET PROVISION ON JAIL PROCESSING FEES
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of September 17, 2003 at 7:00 p.m. for a public
hearing to consider amending the County Code to eliminate the
sunset provision relating to jail processing fees.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.6. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.6.c. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE POLICE AND PARKS AND RECREATION DEPARTMENTS AND
TO THE SCHOOL BOARD TO DEFRAY THE COSTS OF THE
MIDLOTHiANVILLAGE DAY FESTIVAL
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $1,775 from the Midlothian District Improvement
Fund to the Police and Parks and Recreation Departments and
to the School Board to defray the costs of the Midlothian
Village Day Festival.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.6.d. FROM THE BEP/~UDA, CLOVER HILL, DALE, MIDLOTHIAN
AND MATOACA DISTRICT IMPROVEMENT FUNDS
8.C.6.d.2. TO THE CHESTERFIELD COUNTY SCHOOL BOARD TO
RENOVATE WATKINS ELEMENTARY ANNEX FOR CLASSROOM
INSTRUCTION FOR SENIOR CITIZENS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $20,000 in District Improvement Funds ($8,000
from the Clover Hill District Improvement Fund; $4,000 each
from the Dale and Midlothian District Improvement Funds; and
$2,000 each from the Bermuda and Matoaca District Improvement
Funds) to the Chesterfield County School Board to renovate
Watkins Elementary Annex for classroom instruction for senior
citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-642
08/27/03
Mr. Warren recognized Ms. Debbie Leidheiser, Development
Manager of Brandermill WoLds Foundation to provide details of
the Lifelong Learning Institute program to be located at
Watkins Elementary.
Ms. Leidheiser,
accompanied by Reverend Gordon Mapes and Mr.
Walt Shugart, stated instructors have been recruited and
classes will begin in March 2004. She further stated many
improvements need to be made to make the facility accessible
for adults. She stated a~tivities and social events are also
planned for the seniors who are members of the program.
Reverend Mapes expressed appreciation to the Board for
supporting the Lzfelongl Learning Institute for senior
citizens.
8 .C.7.
8.C.7.a.
REQUESTS FOR PEP=MI
SSION
AT STONEHENGE, S
FROM WINTERBERR~ HOMES, INCORPORATED FOR A PROPOSED
WOODEN DECK TO ENCROACH WITHIN A TWENTY-FIVE FOOT
DRAINAGE AND SE~ER EASEMENT ACROSS LOT 3, WILLESDEN
ECTION i
On motion of Mr. McHale, ~econded by Mrs. Humphrey, the Board
approved a request from W~nterberry Homes, Incorporated for a
proposed wooden deck to encroach within a 25-foot drainage
and sewer easement across Lot 3, Willesden at Stonehenge,
Section 1, subject to th~ execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.) ~
Ayes: Warren, McHale, Bar~er, Humphrey and Miller.
Nays: None.
8.C.7.b.
FROM JOHN R. NO~E AND MAUREEN S. NOBLE FOR AN
EXISTING FENCE T~ ENCROACH WITHIN A TWENTY-FOOT
ALLEY AND A TEN-~OOT SEWER EASEMENT ACROSS LOT 2,
AUSTIN HEIGHTS S~BDIVISION
On motion of Mr. McHale, Seconded by Mrs. Humphrey, the Board
approved a request from ~ohn R. Noble and Maureen S. Noble
for an existing fence to ~ncroach within a 20-foot alley and
a ten-foot sewer easement across Lot 2, Austin Heights
Subdivision, subject to the execution of a license agreement.
(It is noted a copy of t~e plat is filed with the papers of
this Board.) i
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7.C.
FROM GEORGE W. ~NES, JR. FOR A PROPOSED FENCE AND
AN EXISTING FENC~ TO ENCROACH WITHIN AN EIGHT-FOOT
EASEMENT FOR DRAINAGE AND UTILITIES ACROSS LOT 8,
BLOCK N, MEADOWD~,~E, SECTION C
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from George W. Jones, Jr. for a proposed
fence and an existing fence to encroach within an eight-foot
easement for drainage and utilities across Lot 8, Block N,
Meadowdale, Section C, subject to the execution of a license
03-6~3
08/27/03
agreement. (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.7.d. FROM P. C. ATACK PROPERTIES, L.C. FOR A GRAVEL
DRIVEWAY TO ENCROACH WITHIN AN UNIMPROVED COUNTY
RIGHT OF WAY KNOWN AS WEST PROVIDENCE ROAD, AND
A VARIABLE WIDTH VIRGINIA DEPARTMENT OF
TRANSPORTATION SLOPE AND DRAINAGE EASEMENT ACROSS
LOT 50, PROVIDENCE CREEK, SECTION F
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from P. C. Atack Properties, L.C. for a
gravel driveway to encroach within an unimproved county right
of way known as West Providence Road, and a variable width
Virginia Department of Transportation slope and drainage
easement across Lot 50, Providence Creek, Section F.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.8. APPROVAL OF UTILITY CONTRACTS
8.C.8.&. FOR PINEY BRANCH WASTEWATER PUMP STATION AND FORCE
MAiN PROJECT (REVISED CONTRACT)
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the following revised utility contract for Piney
Branch Pump Station and Force Main, Contract Number 02-0301,
and authorized the County Administrator to execute any
necessary documents:
Developer: River Oaks Development Co., LLC
Contractor: Anderson Construction, Inc.
Contract Amount: Estimated County Cost for Oversizing
Wastewater Cash Refund .... $40,000.00
Wastewater Refund Thru
Connections ........ $137,793.30
Estimated Developer Cost .... $517,593.29
Estimated Total ......... $695,386.59
Code: (Refunds thru Connections - Oversizing) 5N-572VO-E4C
(Cash Refund - Oversizing) 5N-572WO-E4C
District: Bermuda
(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.8.b. FOR HAMPTON PARK, SECTION 22
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the following utility contract for Hampton Park
Section 22, Contract Number 03-0023, and authorized the
County Administrator to execute any necessary documents:
Developer:
Hampton Park Associates, LLC
03-6&4
08/27/O3
Contractor: RMC ContraCtors, Inc.
Contract Amount: Estimated County Cost for
OversiZing ........... $2,451.00
Estimated Developer Cost ..... $68,073.00
Estimated Total .......... $70,524.00
Code: (Refunds thru Con~ections - Oversizing) 5N-572VO-E4C
District: Matoaca
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.) I
Ayes: Warren, McHale, Bar~er, Humphrey and Miller.
Nays: None.
8.C.10. ACCEPTANCE OF PA~ELS OF LAND
8.C.10.a. ALONG THE WEST RIGHT OF WAY LINE OF OTTERDALE ROAD
FROM HENRY L. 61ILL, JR. AND NANCY G. GILL
On motion of Mr. McHale, ~econded by Mrs. Humphrey, the Board
accepted the conveyance oK a parcel of land containing 0.296
acres along the west right of way line of 0tterdale Road
(State Route 667), for the development of Magnolia Green,
from Henry L. Gill, Jr. and Nancy G. Gill, 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.10.b.
FOR THE EXTENSION OF BRANDERS CREEK DRIVE FROM
RIVER OAKS DEVELOPMENT COMPANY, LLC
On motion of Mr. McHale, Seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 2.93
acres for the extension ~f Branders Creek Drive, from River
Oaks Development Company!, LLC, and authorized the County
Administrator to execute !the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber,, Humphrey and Miller.
Nays: None.
8.C.10.C. FOR COXENDALE ~OAD FROM VIRGINIA ELECTRIC AND
POWER COMPANY i
On motion of Mr. McHale, Seconded by Mrs. Humphrey, the Board
accepted the conveyance of parcels of land containing a total
of 2.5641 acres for Coxen~ale Road from Virginia Electric and
Power Company and authorized the County Administrator to
execute the deed. (It isinoted copies of the plats are filed
with the papers of this BOard.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-645
08/27/03
8.C.10.d.
FOR THE EXTENSION OF HIGHLAND GLEN DRIVE AND
EASTFAIR DRIVE FROM TOUCHSTONE DEVELOPMENT, L.L.C.
On motion of Mr. McHale, seconded by Mrs. Humphrey, 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 Touchstone Development, L.L.C., 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.11. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE
ACQUISITION OF A WATER EASEMENT TO IMPROVE WATER
SERVICE IN THE SALISBURY AREA
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the County Attorney to proceed with eminent domain
and exercise immediate right of entry pursuant to Sections
15.2-1904 and 1905 of the Code of Virginia, for the
acquisition of a water easement to improve water service in
the Salisbury area.
And, further, the Board instructed the County Administrator
to notify the owners by certified mail on August 29, 2003, of
the county's intention to take possession of the easement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
The following items were removed from the Consent Agenda for
public comment:
8.C.6.a. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE AND INSTALL A MESSAGE
BOARD AT GRANGE HALL ELEMENTARY SCHOOL
Mr. George Beadles expressed concerns relative to conflicting
information regarding the applicant in the agenda item and
the application for district improvement funds. He inquired
why the funding amount has been decreased in the replacement
agenda item.
No one else came forward to speak to the issue.
Mrs. Humphrey stated both the Grange Hall Elementary School
and the Clover Hill Sports Association need a sign on the
Hull Street Corridor and have agreed to erect a joint message
board. She further stated the $2,000 requested is not
sufficient for the project, and fundraisers have been
scheduled.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to transfer $3,500 from the Matoaca District
Improvement Fund to the School Board to purchase and install
a message board at Grange Hall Elementary School.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-646
08/27/03
8.C.6.b.
FROM THE MATOAC~ DISTRICT IMPROVEmeNT FUND TO THE
CHESTERFIELD COUNTY DEPARTMENT OF ENVIRONMENTAL
ENGINEERING FOR THE PURCHASE OF A TURBIDITY CURTAIN
TO BE INSTALLED IN THE SWIFT CP~EK RESERVOIR AT
ROUTE 360 AND D
RY CREEK
Mr. George Beadles stated he feels the Environmental
Engineering Department Should fund this request from its
budget.
No one else came forward !to speak to the issue.
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. Warren, the Board transferred $2,000 from the Matoaca
District Improvement ~und to the Chesterfield County
Department of Environment!al Engineering for the purchase of a
turbidity curtain to be installed in the Swift Creek
Reservoir at Route 360 and Dry Creek.
Ayes: Warren, McHale, Barber', Humphrey and Miller.
Nays: None.
8.C.6.d.1. TO THE DEPART.~ENT OF GENERAL SERVICES TO ERECT A
MEMORIAL WALLi TO HONOR POLICE OFFICERS WHO HAVE
DIED IN THE LINE OF DUTY
Mr. George Beadles expressed concerns relative to the
Director of General Services signing the application on
behalf of the Police Department and Chesterfield Police
Foundation.
No one else came forward !to speak to the issue.
Mr. Miller made a motion, seconded by Mr. McHale, for the
Board to transfer $7,000 each from the Bermuda, Clover Hill,
Dale, Matoaca and Midlothian District Improvement Funds
(total of $35,000) to t~e Department of General Services to
erect a memorial wall to!honor police officers who have died
in the line of duty.
Discussion ensued relative to the memorial wall being a joint
venture between the Police Department and the Department of
General Services.
Mr. Warren called for a vote on the motion of Mr. Miller,
seconded by Mr. McHale, Eor the Board to transfer $7,000 each
from the Bermuda, Cloverl Hill, Dale, Matoaca and Midlothian
District Improvement Funds (total of $35,000) to the
Department of General S~rvices to erect a memorial wall to
honor police officers whoi have died in the line of duty.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.13.
APPROVAL OF FY2005 PRIORITY LIST OF PRIMARY AND
INTERSTATE NEEDS
Mr. George Beadles expr{essed concerns relative to traffic
congestion on Route 360 He stated the tolls on Powhite
03-647
08/27/03
Parkway reduce traffic on the road. He inquired when and if
the proposed toll road from the end of Powhite Parkway to
Route 360 will occur, and stated he hopes someone proposes to
take the extension from Route 360 to Interstate 95.
No one else came forward to speak to the issue.
After brief discussion, on motion of Mr. Miller, seconded by
Mrs. Humphrey, the Board approved the recommended FY2005
priority list of highway projects and statement regarding
Chesterfield's primary and interstate road needs.
And, further, the Board directed staff to forward the
approved priority list and statement to the county's
legislative delegation and the Commonwealth Transportation
Board. (It is noted a copy of the priority list of highway
projects and statement are filed with the papers of this
Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8.C.12. AUTHORIZE THE COUNTY ADMINISTRATOR TO RENEW A HEALTH
CARE CONTRACT WiTH ANTHEM HEALTHKEEPERS AND A DENTAL
CARE CONTRACT WITH UNITED CONCORDIA COMPANIES,
INCORPORATED FOR 2004
Mr. Barber stated that concerns were expressed at the
Benefits Committee meeting regarding providing an alternative
for escalating health care costs. He called forward Mr.
Scott Zaremba, Assistant Director of Human Resource
Management to provide details of the alternative that is
being requested.
Mr. Zaremba stated that, after additional review, staff is
recommending a variation from the traditional strategy of
splitting the cost of family coverage 50 percent for the
county and 50 percent for the employee to 55 percent for the
county and 45 percent for the employee. He further stated
employees will have a more attractive choice of staying in
current their HMO with a 13 percent increase or switching to
a base HMO and save 11 percent on premiums. He stated the
base product is slightly different with higher co-pays.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
authorized the County Administrator to renew contracts with
Anthem Healthkeepers and United Concordia Companies,
Incorporated for 2004 at the rates outlined in the papers of
this Board.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.9.
8.C.9.&.
CONVEYANCE OF EASEMENTS
TO COLUMBIA GAS OF VIRGINIA, INCORPORATED TO
INCREASE SERVICE TO THE AIRPORT INDUSTRIAL PARK
Discussion ensued relative to the approval process
conveyance of easements to Columbia Gas.
for
03-648
08/27/03
Mr. Harmon stated ther~ is a staff review process for
conveyance of easements. He further stated the cathodic
protection system represents no danger to citizens.
Mrs. Humphrey expressed concerns relative to a recent fire in
Summerford where the Fire Department did not know how to
locate the Columbia Gas turn-off valve and inquired whether
the Fire Department has a map of Columbia Gas's turn-off
valves.
Deputy Chief Edwards stated maps are available at the
communications center showing the location and size of gas
lines, but do not show where the cut-off valves are located.
He further stated he will work with Mr. Bill Fitch, land
agent for Columbia Gasl Transmission, to secure a map
depicting Columbia Gas's Cut-off valves.
Mr. Warren inquired whether the county has emergency
procedures in place should an incident involving a gas line
occur.
Chief Edwards stated the imaps showing the location and size
of gas lines would assist in an evacuation should it become
necessary.
Mrs. Humphrey directed Ckief Edwards to secure maps showing
the cut-off valves so that this situation does not occur
again in the future.
On motion of Mr. Barber, Seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute easement agreements with
Columbia Gas of Virginia, Incorporated to increase service to
the Airport Industrial park, subject to necessary approvals
by the Virginia Department of Aviation and the Federal
Aviation Administration. i (It is noted copies of the plats
are filed with the papers iof this Board.)
Ayes: Warren, McHale, Barber,. Humphrey and Miller.
Nays: None.
8.C.9.b.
TO COLUMBiA OASITRANSMISSION CORPORATION FOR ~
CATHODIC PROTECTION SYSTEM TO PREVENT DETERIORATION
OF ITS PiPELINE iTHROUOH CHES'---------- -----TERFIELD COUNTY
On motion of Mr. Barber, Seconded by Mrs. Humphrey, the Board
authorized the Chairman oif the Board of Supervisors and the
County Administrator to lexecute easement agreements with
Columbia Gas Transmission Corporation for a cathodic
protection system to prevent deterioration of its pipeline
through Chesterfield County, subject to necessary approvals.
(It is noted copies of the plats are filed with the papers of
this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-649
08/27/03
9. ~ARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
0 MR. R. E. "DICK" PAGE WILL ADDRESS THE BOARD OF
SUPERVISORS REGARDING WHETHER THE BOARD SHOULD IMPOSE USE
RESTRICTIONS OR TREATMENT CHANGES AT LAKE CHESD~N
Mr. R. E. "Dick" Page expressed concerns that county water
quality reports indicated the presence of Methyl Tertiary-
Butyl Ether (MTBE) in the filtered water supply furnished to
the county by the Appomattox River Water Authority for
distribution to county residents from 1999-2001. He stated
the Environmental Protection Agency (EPA) has not established
a health-based value for MTBE in drinking water standards.
He further stated there is a taste threshold of 40 parts per
billion and an odor threshold of 20 parts per billion, but
neither of these relate to health. He stated two states have
already banned the sale of gasoline using MTBE, and 17 other
states have placed various restrictions and have banned the
additive or the use thereof. He stated the recent abundance
of rain has provided a good flushing of Lake Chesdin. He
further stated boat traffic on Lake Chesdin has increased
dramatically and expressed concerns relative to the risk of
MTBE-related health issues to county citizens. He requested
that a public hearing be set to establish banning of two-
cycle engine watercraft on Lake Chesdin to enhance the
quality of the county's drinking water and protect the health
of the end user. He further requested that notice of hearing
be inserted in utility bills 30 days in prior to the hearing
to insure that citizens and water customers are aware of the
public hearing. He referenced two legislative items
currently being considered by Congress and stated that, if
adopted, neither one will take effect in sufficient time to
protect our reservoir from further contamination by two-cycle
engine boats. He noted that, when the inspection boat for
Swift Creek was switched from a two-cycle to a four-cycle
engine, pollution on Swift Creek Lake was eliminated by 95
percent. He inquired why the Appomattox River Water
Authority is operated differently than Swift Creek. He
requested that Chesterfield County be a leader once again by
protecting its water resources and its citizens.
Mr. Miller stated if Mr. Page is correct, he feels the Board
should address this issue. He inquired about how the human
body metabolizes MTBE, and requested that additional
information be provided to the Board relative to the
potential problem alluded to by Mr. Page.
Mrs. Humphrey stated she feels the Board must rely on
information presented by staff, and noted that Chesterfield
is only one-third of the watershed in the Lake Chesdin
Reservoir.
Mr. McHale stated he would like information relative to other
sources of MTBE pollution.
Discussion, questions and comments ensued relative to the
process required for banning two-cycle engines on Lake
Chesdin.
Mr. Micas stated all of Lake Chesdin is physically within
Chesterfield County and banning of two-cycle engines would
require, in addition to the Board's approval, approval by the
03-650
08/27/03
Appomattox River Water AUthority as the fee simple owner of
the reservoir itself.
Mr. Dee Hartman, Direct!or of the Appomattox River Water
Authority (ARWA), stated Lake Chesdin has been declared a
public body of water and the Department of Game and Inland
Fisheries controls the boating, hunting and fishing laws on
the lake. He further stated it is his understanding that the
ARWA or the Board could make a request to Game and Inland
Fisheries to restrict boating on Lake Chesdin.
Mr. Micas stated the AppOmattox River Water Authority is the
actual body that could re!strict boating on Lake Chesdin. He
further stated that Game iand Inland Fisheries officials have
indicated they would respect the wishes of the owner.
Mr. Warren directed Mr. !Stegmaier to provide comprehensive
information relative to the concerns raised at the September
17, 2003 Board meeting.
Mrs. Humphrey stated that, if a boating ban is recommended,
it should encompass all bodies of water in the county rather
than singling out Lake Chesdin.
Mr. Miller requested additional expert information to assist
in determining whether we!actually have a problem with MTBE.
Mr. Barber stated he feels it is unreasonable to expect such
a report to be complete bY September 17, 2003.
It was generally agreed that staff provide a report to the
Board focusing on the issue of whether or not MTBE is a
problem regardless of the iwater resource.
Mr. McHale suggested that staff provide the Board with an
outline at its September i7, 2003 meeting of what information
the report will contain sO that the Board can specify a date
for completion of the report.
Mr. Miller stated he concurs with Mr. McHale, noting that he
does not feel the issue should be put on the back burner.
Mr. McHale made a motion, seconded by Mr. Miller, for staff
to provide an outline of the information that will be
contained in the report i relative to MTBE, as well as a
timeline for completion of the report at the September 17,
2003 meeting.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
10. REPORTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts; and a status
report on the General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds and Lease
Purchases.
03-651
08/27/03
And, further, the following roads were accepted
State Secondary System:
ADDITION
FOXCROFT, SECTION 9
Effective 7/21/03
Fox Branch Court (Route 5224) - From Fox
Branch Lane (Route 5223) to Cul-de-sac
Fox Branch Lane (Route 5223) - From Fox
Club Parkway (Route 5201) to Fox Branch
Court (Route 5224)
Fox Branch Lane (Route 5223) - From Fox
Branch Court (Route 5224) to Cul-de-sac
GILLS GATE
Effective 7/21/03
Gills Gate Court (Route 5555) - From Gills
Gate Drive (Route 5552) to Cul-de-sac
Gills Gate Drive (Route 5552) - From Gills
Gate Court (Route 5555) to Cul-de-sac
Gills Gate Drive (Route 5552) - From Gills
Gate Terrace (Route 5553) and Gills Gate
Place (Route 5554) to Gills Gate Court (Route
5555)
Gills Gate Drive (Route 5552) - From Belmont
Road (Route 651). to Gills Gate Terrace (Route
5553) and Gills Gate Place (Route 5554)
Gills Gate Place (Route 5554) - From Gills
Gate Drive (Route 5552) to Cul-de-sac
Gills Gate Terrace (Route 5553) - From Gills
Gate Drive (Route 5552) to Cul-de-sac
LAMMERMOOR AT THE HIGHLANDS
Effective 7/1/03
Highland Glen Drive (Route 5160) - From 0.10
mile east of Ravenna Drive (Route 5504) to
Lammermoor Drive (Route 5535)
Lammermoor Court (Route 5536) - From Lammermoor
Drive (Route 5535) to Cul-de-sac
Lammermoor Drive (Route 5535) - From Lammermoor
Court (Route 5536) to Cul-de-sac
Lammermoor Drive (Route 5535) - From Highland
Glen Drive (Route 5160) to Lammermoor Court
(Route 5536)
RURAL ADDITION, ROUTE 2780 (NO COST)
Effective 7/21/03
Spirea Road (Route 2780) - From Lucks Lane (Route
720) to 0.21 mile north of Lucks Lane (Route 720)
03-652
into the
LENGTH
0.19 Mi
0.12 Mi
0.15 Mi
0.11 Mi
0.07 Mi
0.07 Mi
0.04 Mi
0.04 Mi
0.11 Mi
0.25 Mi
0.15 Mi
0.07 Mi
0.06 Mi
0.21 Mi
08/27/03
RURAL ADDITION, ROUTE 632 (NO COST)
Effective 7/21/03
Ironbridge Boulevard (RoUte 632) - From Bel Lac
Drive (Route 4635) to Arbor Landing Drive (Route
4518)
Ironbridge Boulevard (Route 632) - From Ironbridge
Parkway (Route 1569) to Bel Lac Drive (Route 4635)
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
0.11 Mi
0.09 Mi
11. DINNER
On motion of Mr. McHale,i seconded by Mr. Barber, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Warren, McHale, Barber*, Humphrey and McHale.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Beth Jeffers, Pastor of Hopewell United Methodist
Church, gave the invocation.
13.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
3J~IERICA
Eagle Scout Cameron Scott led the Pledge of Allegiance to the
flag of the United Stateslof America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
i~.A. RECOGNIZING G.~~~MACHINERY INCORPORATED FOR ITS
COMMITMENT TO EMPLgYEE HEALTH AND SAFETY
Mr. Kappel introduced Mr. Giuseppe Venturi, Executive Vice
President of Operations and. Mr. Michael Geer, Facility and
Safety Manager of G.D PaCkage Machinery, who were present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, G.D Package Machinery Incorporated began
operations in Chesterfield County on January 5, 1978; and
WHEREAS, the company has grown to 168 employees and a
physical plant 130,000 square feet in size; and
WHEREAS, the plant aSsembles and tests new machines for
the cigarette market, and also manufactures machinery for the
packaging of food and chemical products; and
03-653
08~27/03
WHEREAS, it also has departments that overhaul and
update G.D machines in production in the U.S. market; and
WHEREAS, the company is well-regarded for its advanced
technology; and
WHEREAS, over 10,000 automatic machines have been
installed in 100 countries, with more than 3,500 highly
qualified employees working at the 20 manufacturing centers
that make up an innovative and international enterprise; and
WHEREAS, Virginia's Secretary of Commerce and Trade,
Michael Schewel, has announced that G.D Package Machinery has
achieved designation as a Safety and Health Achievement
Recognition Program (SHARP) site in recognition of its
exemplary safety and health programs for its employees.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of August 2003,
publicly recognizes G.D Package Machinery Incorporated for
its commitment to employee health and safety, congratulates
the company on earning the SHARP award, and wishes G.D
Package Machinery continued success in the marketplace.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Venturi,
accompanied by Mr. Geer, and both he and Mr. Stith commended
G.D Package Machinery for its commitment to employee health
and safety.
Mr. Venturi expressed appreciation to the Board for the
recognition.
14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.B.1. CAMERON HILL SCOTT, CLOVER HILL DISTRICT
Mr. Hammer introduced Mr. Cameron Scott 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. Cameron Hill Scott, Troop 894, sponsored by
Saint David's Episcopal Church, has accomplished those high
03-654
08/27/03
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons iof responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Cameron 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 27th day of August 2003,
publicly recognizes Mr!. Cameron Hill Scott, 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 McHale.
Nays: None.
Mr. Warren presented the executed resolution and patch to Mr.
Scott, accompanied by members, of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Scott expressed appreciation to the Board for the
recognition.
14.B.2.
JAMES ERIC TETTERTON, CLOVER HILL DISTRICT
Mr. Hammer introduced Mr. James Tetterton 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 0atih and Law; and
WHEREAS, Mr. James Eric Tetterton, Troop 855, sponsored
by the Church of Jesus !Christ of Latter Day Saints, 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, James has distinguished himself as a member of a new
03-655
08/27/03
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of August 2003,
publicly recognizes Mr. James Eric Tetterton, 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 McHale.
Nays: None.
Mr. Warren presented the executed resolution and patch to Mr.
Tetterton, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Tetterton expressed appreciation to the Board for the
recognition and also to his mother for her support.
14.B.3. ROBERT PRESTON SWEET, BERMUDA DISTRICT
Mr. Hammer introduced Mr. Robert Sweet 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. Robert Preston Sweet, Troop 874, sponsored
by Saint Luke's United Methodist Church, has accomplished
those high standards of commitment and has reached the long-
sought goal of Eagle Scout, which is earned by only four
percent of those individuals entering the Scouting movement;
and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Robert 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 27th day of August 2003,
publicly recognizes Mr. Robert Preston Sweet, extends
congratulations on his attainment of Eagle Scout, and
03-656
08/27/03
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
Mr. McHale presented the~executed resolution and patch to Mr.
Sweet, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Sweet expressed appreciation to
recognition.
the Board for the
14.B.4. DANIEL ALAN TAMAGNI, DALE DISTRICT
Mr. Hammer introduced Mr. Daniel Tamagni who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy ScOuts of America was incorporated by
Mr. William D. Boyce on !February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy ScOuts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Daniel Alan Tamagni, Troop 874, sponsored
by Saint Luke's United Methodist Church, has accomplished
those high standards of commitment and has reached the long-
sought goal of Eagle Scout, which is earned by only four
percent of those individuals entering the Scouting movement;
and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Danny 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 27th day of August 2003,
publicly recognizes Mri. Daniel Alan Tamagni, extends
congratulations on his! attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as ~ne of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution to Mr. Tamagni,
accompanied by members ~f his family, congratulated him on
03-657
08/27/03
his outstanding achievement, and wished him well in his
future endeavors.
Mr. Tamagni expressed appreciation to the Board for the
recognition.
14.B.5. ANDREW RYAN HEARE, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Andrew Heare who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Andrew Ryan Heare, Troop 874, sponsored by
Saint Luke's United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Andrew has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of August 2003,
publicly recognizes Mr. Andrew Ryan Heare, 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 McHale.
Nays: None.
Mr. Barber presented the executed resolution to Mr. Heare,
accompanied by members of his family, congratulated him on
his outstanding achievement, and wished him well in his
future endeavors.
Mr. Heare expressed appreciation to the Board for the
recognition and also to his parents and members of his troop
for their support.
03-658
08/27/03
14.B.6. MICHAEL BENNETT iSNEAD, MATOACA DISTRICT
Mr. Hammer introduced Mr. Michael Snead who was present to
receive the resolution.
On motion of the Board, tihe following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on iFebruary 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. Michael Bennett Snead, Troop 806, sponsored
by Woodlake United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, whith is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Michael has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of August 2003,
publicly recognizes Mrl. Michael Bennett Snead, 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 McHale.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr. Snead,
accompanied by members of his family, congratulated him on
his outstanding achievement, and wished him well in his
future endeavors.
Mr. Snead expressed appreciation to the Board for the
recognition and also to imembers of his troop for their
support.
14.B.7. MR. CHRISTOPHER WAYNE ALLEN, CLOVER HILL DISTRICT
Mr. Hammer introduced Mr. Christopher Allen who was present
to receive the resolution.
On motion of the Board, ~he following resolution was adopted:
03-659
08/27/03
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Christopher Wayne Allen, Troop 874,
sponsored by Saint Luke's United Methodist Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Christopher has distinguished himself as a member of
a new generation of prepared young citizens of whom we can
all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of August 2003,
publicly recognizes Mr. Christopher Wayne Allen, 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.
Mr. Warren presented the executed resolution to Mr. Allen,
accompanied by members of his family, congratulated him on
his outstanding achievement, and wished him well in his
future endeavors.
Mr. Allen expressed appreciation to the Board for the
recognition and also to his parents and members of his troop
for their support.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL B~
HEARD AT SECTION 17
03SN0281
In Matoaca Magisterial District, DANIEL T. SCHMITT requests
Conditional Use and amendment of zoning district map to
permit a model home in a Residential (R-9) District. The
03-660
08/27/03
density of such amendment will be controlled by zoning
conditions or Ordinance istandards. The Comprehensive Plan
suggests the property i~ appropriate for office/residential
mixed uses. This request lies on 7.1 acres fronting
approximately 850 feet On the west line of Charter Colony
Parkway, approximately 4i, 500 feet south of North Woolridge
Road. Tax ID 724-699-Par!t of 2736 (Sheet 5).
Mr. Jacobson presented a isu~ary of Case 03SN0281 and stated
the Planning Commission and staff recommend approval subject
to conditions.
Ms. Jill Crews, representing the
recommendation is acceptable.
Mr. Warren called for public comment.
applicant, stated the
No one came forward to s~eak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 03SN0281 s~bject to the following conditions:
o
A temporary model home shall be permitted in a modular
unit provided such Unit shall be utilized for a maximum
of 120 days from t~e date of approval of this request.
At the end of the 1E0 days, the temporary sales trailer
shall be removed ahd the temporary model home may be
located within faci!lities housing recreational uses on
the Property. (p)
The model home shall only be used to market the
development (Charte~ Colony) in which it is located and
shall not be used for the sale of lots or houses outside
of the development! (Charter Colony) in which it is
located. (P)
The model home shall not be the primary real estate
office for the company marketing the development. (P)
The model home s~all be incidental to construction
activity taking place within the development (Charter
Colony). (P) ~
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
03SN029&
In Bermuda Magisterial District, AFFORDABLE RESIDENCES CHFD
II requests rezoning a~d amendment of zoning district map
from Multi-family Residential (R-MF) to Community Business
(C-3). The density of ~uclh amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for general
commercial use. Thisi request lies on 0.9 acre lying
approximately 600 feet ~ff the west line of Jefferson Davis
Highway at Bensley Commons Boulevard. Tax ID 789-678-Part of
8292 (Sheet 18).
Mr. Jacobson presented al summary of Case 03SN0294 and stated
the Planning Commissionl and staff recommend approval. He
noted the request conforms to the Jefferson Davis Corridor
03-661
08/27/03
Plan.
Ms. Karen Muller, representing the applicant,
recommendation is acceptable.
stated the
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Case 03SN0294.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0297
In Bermuda Magisterial District, ANDREW M. CONDLIN, ESQUIRE
ON BEHALF OF VIRGINIA S. ODUM, AS OWNER AND MRB MANAGEMENT
GROUP, INC., AS TENANT, request rezoning and amendment of
zoning district map from Community Business (C-3) and
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 general commercial use. This
request lies on 9.2 acres lying approximately 260 feet off
the west line of Jefferson Davis Highway, measured from a
point approximately 80 feet north of Rio Vista Street. Tax
ID 796-661-3916 (Sheet 26).
Mr. Jacobson presented a summary of Case 03SN0297 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted the request
conforms to the Chester Village Plan.
Mr. Andrew Condlin 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 Mr. Barber, the Board
approved Case 03SN0297 and accepted the following proffered
conditions:
1. The following uses shall not be permitted:
(a) those uses permitted in the I-1 District that are
not otherwise permitted in the C-5 District;
(b) commercial automobile parking;
{c) mass transportation;
(d) drive-in theaters;
{e) truck terminals;
(f) travel trailer parks;
(g) auction sales or salvage barns;
(h) communication towers;
(i) manufactured home, modular home and travel trailer
sales, service, repair and rental;
(j) material reclamation receiving centers;
(k) tractor trailer service stations;
(1) building materials sales yards, not including
concrete mixing;
03 -662
08/27/03
(m) contractor's shops and storage yards;
(n) display sheds, garages, carports and house sales,
including "shelil" houses sales;
(o) freight forwarding, packing and crating services;
(p) motor vehicle sltorage/towing lots;
(q) public garages; and
(r) utility traile~ and truck rental. (P)
2. Within ninety (90) days after approval of this rezoning,
the parking areas a~d driveways, if not otherwise paved,
shall be resurfacedlwith a minimum of six (6) inches of
No. 21 or No. 2lA s~one. (P)
(Note: The property may be accessed across that
parcel having a Ta~ Identification Number 796-608-8797
and/or across those parcels having Tax Identification
Numbers 796-660-4549 and 796-660-6637.)
3. In the event the ~roperty is redeveloped for any use
other than a golf idriving range, miniature golf, and
related accessory Uses, the Property shall be brought
into compliance wlt~ the current zoning regulations. (P)
4. The public water system shall be used. (U)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0300
In Bermuda Magisterial District, ALLEN M. TWEDT requests
Conditional Use and amendment of zoning district map to
permit a computer-controlled, variable message electronic
sign. The density of such amendment will be controlled by
zoning conditions or 0rd'inance standards. The Comprehensive
Plan suggests the propert;y is appropriate for commercial use.
This request lies in a General Business (C-5) District on 4.7
acres and is known as 2~01 West Hundred Road. Tax ID 799-
654-9625 (Sheet 26).
Mr. Jacobson presented a! summary of Case 03SN0300 and stated
the Planning Commission land staff recommend approval subject
to one condition.
Mr. Allen Twedt stated the recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to sDeak to the request.
On motion of Mr. McHal~ seconded by Mr. Barber, the Board
approved Case 03SN0300 s~bject to the following condition:
In addition to Ordinance requirements, any computer-
controlled, variable message, electronic sign shall conform
to the following standards:
so
Copy shall be limited to a maximum of two (2) lines
which shall not move, but may fade;
bo
The copy display color shall either be white or
yellow;
03-663
08/27/03
C ·
The message or display shall be programmed or
sequenced to change no more than once every ten
(10) seconds;
d. Flashing and traveling messages shall be
prohibited; and
e. Bijou lighting effects shall be prohibited. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0306
In Midlothian Magisterial District, STONY POINT REFORMED
PRESBYTERIAN CHURCH requests Conditional Use and amendment of
zoning district map to permit a private school use. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for public/semi-public
use. This request lies in a Residential (R-15) District on
4.7 acres and is known as 2330 Buford Road. Tax ID 755-717-
3976 (Sheet 3).
Mr. Jacobson presented a summary of Case 03SN0306 and stated
the Planning Commission and staff recommend approval subject
to conditions and acceptance of the proffered conditions.
Mr. Jack Wheeler, representing the applicant,
recommendation is acceptable.
stated the
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved Case 03SN0306 subject to the following conditions:
Except where the requirements of the underlying
Residential (R-15) zoning are more restrictive, any new
development for school use shall conform to the
requirements of the Zoning Ordinance for commercial uses
in Emerging Growth Areas, excluding buffer requirements.
(p)
o
The following setback criteria shall apply to any
outdoor play fields, courts swimming pools and similar
active recreational areas:
a o
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.
03-664
08/27/03
C o
If active playi 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 playground areas swings, jungle gyms or
similar such facilities) shall be setback a minimum
of forty (40) feet from all property lines. (P)
And, further,
conditions:
the Boar¢
accepted the following proffered
o
Ayes: Warren, McHale, BaI
Nays: None.
The operation of the private school shall be in
conjunction with a ~hurch use only. (P)
This Conditional Us~ shall be granted for a period not
to exceed three (3 years from the date of approval.
(P)
The maximum total inumber of students enrolled during
each school year shall be seventy (70). (P)
There shall be no !direct access from the property to
Buford Road. (T) ~
'ber, Humphrey and Miller.
03SN0242
In Clover Hill Magisterial District,
GENUINE AUTO PARTS
requests amendment to Conditional Use Planned Development
(Case 98SN0176) and amen~dment of zoning district map'~ relative
to uses in a Light Industrial (I-l) District. The density of
such amendment will be! controlled by zoning conditions or
Ordinance standards. ~he Comprehensive Plan suggests the
property is appropriate for light industrial use. This
request lies on 1.0 acre fronting approximately 150 feet on
the north line of Hull Street Road, approximately 1,000 feet
east of Route 288. Tax ~D 736-680-Part of 4744 (Sheet 16).
Mr. Jacobson presented a summary of Case 03SN0242 and stated
,
staff recommends denmali because the proposed uses do not
comply with the Powhite[Rcute 288 Development Area Land Use
and Transportation Plan which suggests the property is
appropriate for light industrial use and approval of the
request could set a Precedent for additional commercial
development along this portion of the Hull Street Road
Corridor. He further stated the Planning Commission
recommended approval ~nd acceptance of the proffered
conditions, noting the ~ubject property is only one acre in
size and future zonings in the area would increase the
acreage of industrial zoned land in the area.
03-665
08/27/03
Mr. John Cogbill, representing the applicant, stated the
proposal was reviewed with the community that had been
involved with the previous proposal, as well as property
owners in the immediate area and the Brandermill Civic
Association, and all have indicated their support. He
further stated the proposed development sets a higher
standard for industrial properties in the area by using a
more comprehensive architectural style, lowering the lighting
standards; limiting the uses; and limiting colors and other
features. He requested that the Board approve the request.
Discussion ensued relative to extension of sidewalks from
area businesses.
Mrs. Humphrey expressed concerns that Woodlake residents were
not involved in the negotiations for the proposed
development. She requested that if future development occurs
on the other side of the access road beside the proposed
development, sidewalks be required to connect to existing
developments. She inquired whether the applicant has
addressed the concerns of a neighboring property owner, Mr.
Leroy Jefferson, representing Mary H. Jefferson Estate,
relative to being landlocked.
Mr. Cogbill stated he has just found out about Mr.
Jefferson's situation and has offered to help in any way he
can to address his concerns.
Mr. Warren called for public comment.
Mr. John Hughes, representing the Brandermill Community
Association, stated he supports the proposed development.
There being no one else to speak to the request, the public
hearing was closed.
After brief discussion, on motion of Mr. Warren, seconded by
Mr. McHale, the Board approved Case 03SN0242 and accepted the
following proffered conditions:
The Owner and Developer (the "Developer") 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 part of the Property known as
Chesterfield County Tax Identification Number 736-680-4744
(the "Property") under consideration will be developed
according to the following conditions if, and only if, the
rezoning request for proffer amendment is granted. In the
event the request is denied or approved with conditions not
agreed to by the Developer, the proffers and conditions shall
immediately be null and void and of no further force or
effect.
The application contains one exhibit described as follows:
Exhibit 1 - Plan titled "Plat Showing 1.02 Acres Located in
the Clover Hill District of Chesterfield, Virginia, Prepared
for the Purpose of Rezoning," prepared by E. D. Lewis &
Associates, P.C. and dated January 29, 2003.
03-666
08/27/03
In addition to the uses permitted in Proffered Condition
14 of Case 98SN0176i, C-2 uses (permitted by-right and
with restrictions) ~hall be permitted on the 1.02-acre
portion of Tract II-B shown on Exhibit 1. (P)
Any lighting fixture shall not exceed a height of
twenty-five (25) fee~. (P)
Screening walls for
any ground mounted
of the same material
fences to these are
the building walls,
plan review. (P)
No color used in t~
the solid waste storage areas and
mechanical equipment shall be built
s as the building. Access doors or
as shall be compatible in color to
as determined at the time of site
Le sign shall be used as decorative
banding around the ~uilding. No neon banding shall be
allowed around the!building. This proffer shall not
apply to actual ~ign areas (as permitted by the
Chesterfield County iZoning Ordinance). (P)
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
03SN0283
In Bermuda Magisterial D~strict, TOKEN TOWER, L.L.C. requests
amendment to Conditional Use Planned Development (Case
02SN0166) and amendment !of zoning district map to permit a
communications tower iwith height exceptions in an
Agricultural (A) DistriSt. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for general ind'ustrial use. This request lies on
12.5 acres lying off thie eastern terminus of Station Road.
Tax ID 792-685-5662 (sheet 12).
Ms. Beverly Rogers presented a summary of Case 03SN0283 and
stated there is a 540-foQt tower located on adjacent property
and there has already b~en a zoning approval on the subject
property to allow a 40~-foot tower, but it has yet to be
erected. She further stated the request would allow a second
tower at a height of 54~ feet on the subject property. She
i .
stated staff recommends idenzal because the request is not in
compliance with the Public Facilities Plan or the Jefferson
Davis Corridor Plan. ! She further stated the Planning
Commission recommended i approval and acceptance of the
proffered condition, noting the request was supported by area
residents. ~
Mr John Cogbill representing the applicant, stated the
property owner intends !to relocate the existing tower onto
adjacent property that he owns. He requested that the Board
approve the request as recommended by the Planning
Commission.
When asked, Mr. Cogbill stated the property owner intends to
remove the existing tower if the proposed tower is approved.
Mr. Barber inquired about the uses and capacity of the
proposed tower, i
03-667
08/27/03
Mr. Cogbill stated the proposed tower has considerable space
for co-location and its primary purpose is for radio signals.
When asked, Mr. Jacobson stated, if the existing tower were
to be dismantled and moved, the zoning would remain in place
and another tower could be erected.
Mr. Warren called for public comment.
No one came forward to speak to the request.
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Warren, the Board approved Case 03SN0283 and accepted the
following proffered condition:
The property owner (the ~0wner") 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 Identification Number 792-685-5662 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the request for CUPD with height
exceptions is granted. In the event the request is denied or
approved with conditions not agreed to by the Owner, the
proffers and conditions shall immediately be null and void
and have no further force or effect.
With approval of this CUPD, one additional tower may be
constructed on the Property, which tower shall not
exceed a height of five hundred and forty (540) feet
above ground level.
(Staff Note: This condition is in addition
conditions of zoning approval for Case 02SN0166.)
to
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.
16 .A.
PUBLIC HEARINGS
TO CONSIDER CHANGES TO THE COUNTY CODE TO ALLOW T~R
COUNTY TO COLLECT A FEE TO HELP DEFRAY TH~ COST OF
OPERATING THE COUNTY'S POLICE AND SHERIFF TRAINING
ACADEMIES
Mr. Jay Payne, Budget Manager, stated this date and time has
been advertised for a public hearing for the Board 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.
Mr. Warren called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING
SECTION 9-133 RELATING TO FEES COLLECTED FOR CRIMINAL
03-668
08/27/03
AND TRAFFIC CONVICTIONS IN GENERAL DISTRICT COURTS
TO SUPPORT CRIMINAL JUSTICE TRAINING ACADEMIES
BE IT ORDAINED by the B6ard of Supervisors of Chesterfield
County:
(1) That Section 9-1331 of the Code of the County of
Chesterfield, 1997, as amended, is added to read as follows:
Section 9-133. Collectign of fee in general district courts
to support criminal justice training academies.
(a) The county hereby assesses a fee of $1.00, as court
costs in th~ general district courts, for
misdemeanors, i traffic offenses, and criminal
actions or p~oceedings for violation of any
provision of C6de of Virginia, tit. 18.2, ch. 7,
art. 1, (§§ 18!.2-247 et seq.), as amended.
(b) Assessment of ~he fees provided for in this section
shall be based on: (i) an appearance for court
hearing in which there has been a finding of
guilty; (ii) ai written appearance with wavier of
court hearing~lnd entry of guilty plea; (iii) for a
defendant failing to appear, a trial in his or her
absence resulting in a finding of guilty; (iv) an
appearance fori court hearing in which the court
requires that ithe defendant successfully complete
traffic schooli or a driver improvement clinic, in
lieu of a find[ing of guilty; or (v) a deferral of
proceedings pursuant to Code of Virginia §§ 4.1-
305 16 1-278<8 16 1-278.9 18.2-57.3, 18.2-
67.2:1, 18.2-241 or 19.2-303.2, as amended.
(c) After collection by the clerk of the district
court, the fee shall be remitted to the county
treasurer and held in a special nonreverting fund
that will be used solely to support the Police and
Sheriff Departments' criminal justice training
academies.
(2)
That this ordinance~ shall become effective on September
1, 2003.
Ayes: Warren, McHale, Ba~
Nays: None.
'bet, Humphrey and Miller.
16.B. TO CONSIDER REVIS]iONS TO THE FY2004 SCHOOL CAPITAL
IMPROVEMENT FUND ~PROPRIATIONS
Mr. Payne stated this dat~e and time has been advertised for a
public hearing for thei Board to consider increasing the
School Capital Improvements Fund by $550,000 and transferring
$7,470,700 from the Reserve for School Capital Improvements
to the School Capital Improvements Fund for the FY2004 School
construction program.
Mr. Warren called for public comment.
No one came forward to speak to the issue.
On motion of Mr. McHale,i seconded by Mrs. Humphrey, the Board
increased the School capital Improvements Fund by $550,000
03-669
08/27/03
and transferred $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.
16 .C.
TO CONSIDER CHANGES TO THE COUNTY'S ORDINANCES
RELATING TO UNLAWFUL CONDITIONS OF TRASH, GARBAGE,
WEEDS AND GRASS
Mr. Stith stated this time and date has been advertised for a
public hearing for the Board to consider ordinances relating
to unlawful conditions of trash, garbage, weeds and grass.
Mr. Warren called for public comment.
No one came forward to speak to the ordinances.
Discussion ensued relative to county ordinances regarding
abandoned cars.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 11-31 RELATING TO UNLAWFUL
CONDITIONS OF TRASH, GARBAGE, REFUSE, LITTER AND
OTHER SUBSTANCES GENERALLY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 11-31 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 11-31. Unl&wful conditions of trash, garbage, refuse,
litter and other substances gener&lly.
(a) No owner of any lot or parcel of land within the
county shall permit trash, garbage, refuse, litter and other
substances which are reasonably liable to endanger the health
of any person or injuriously affect public health or safety
to remain on the lot or parcel.
(b) Trash, garbage, refuse, litter and other debris
shall be disposed of in personally owned or privately owned
receptacles that are provided for such use and for the use of
the person disposing of such matter or in authorized
facilities provided for such purpose and in no other manner
not authorized by law.
(c) Whenever the county administrator or the official
designated by him determines that any such unlawful
conditions exist, he shall notify the property owner of
record of such determination by certified mail, return
receipt requested, sent to the address listed in the real
estate tax records, requiring such property owner to correct
the condition. If the condition is not corrected within ten
days after receipt of such notice, the county administrator
03 -670
08/27/03
or his designee may ord
either by county forces
actual cost, together wi'
of $15.00, shall be bill
paid shall be added to
er such condition to be corrected,
or by a private contractor. The
~h an administrative handling charge
ed to the property owner and if not
~nd collected in the same manner as
the real estate taxI on such property. The county
administrator or his designee shall certify the costs and
expenses to the treasurer of the county, who shall collect
such amount; and if suc~ amount shall remain unpaid for a
period of 60 days, the~ the treasurer shall certify such
charges as being unpaid ~o the clerk of the circuit court of
the county, who shall! maintain a record book of such
delinquent costs and exp!enses on file in the records of his
office.
(d) Every charge a~thorized by this section with which
the owner of any such p~operty shall have been assessed and
which remains unpaid sh~ll constitute a lien against such
property ranking on a parity with liens for unpaid local
taxes and enforceable ini the same manner as provided in Code
of Virginia, tit. 58.1, ~h. 39, art. 3 (§§ 58.1-3940 et seq.)
and art. 4 (§§ 58.1-396~ et seq.), as amended. The County
may waive such liens in!order to facilitate the sale of the
property. Such liens maylbe waived only as to a purchaser who
is unrelated by blood or!marriage to the owner and who has no
business association with the owner. Ail such liens shall
remain a personal obligation of the owner of the property at
the time the liens were imposed.
(e) Violations of Ithis section shall be subject to a
civil penalty of $50 fo~ the first violation, or violations
arising from the same Let of operative facts. The civil
penalty for subsequent ~iolations not arising from the same
set of operative facts within 12 months of the first
violation shall be $200.1 Each business day during which the
same violation is foundi to have existed shall constitute a
separate offense. In noi event shall a series of specified
violations arising from the same set of operative facts
result in civil penaltieis that exceed a total of $3,000 in a
12-month period.
(f) Such violations shall be a Class 3 misdemeanor in
the event three civil p~nalties have previously been imposed
on the same defendant f~r the same or similar violation, not
arising from the same s!et of operative facts, within a 24-
month period. Classifying such subsequent violations as
criminal offenses shal~ preclude the imposition of civil
penalties for the same violation.
(2) That this ordinance shall become effective immediately
upon adoption.
And, further the Board a~opted the following ordinance:
AN ORDINANCE T0iAMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, i1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 11-32 RELATING TO UNLAWFUL
CONDITIONS OF WEEDS, GRASS, SHRUBBERY, TREES AND
OTHER ~EGETATION GENERALLY
BE IT ORDAINED by the
County:
~oard of Supervisors of Chesterfield
03 -671
08/27/03
(1) That Section 11-32 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 11-32. Unlawful conditions of weeds, grass, shrubbery,
trees and other vegetation generally.
(a) (1) No owner of any vacant developed or undeveloped
property, including property upon which
buildings or other improvements are located,
within the boundaries of platted subdivisions or
any other areas zoned for residential, business,
commercial or industrial use in the county shall
permit to remain thereon, any grass, weeds,
brush or other uncontrolled vegetation in excess
of 18 inches in height.
2)
No owner of any lot or parcel of land shall
permit to grow or remain thereon any hedge,
shrub, tree or other vegetation, the limbs,
branches or other parts of which overhang,
extend or protrude into any street, sidewalk or
public alley in a manner which obstructs or
impedes the safe and orderly movement of persons
or vehicles thereon, or in the case of trees,
when the dead limbs or branches thereof are
likely to fall into or across such street or
sidewalk, thereby endangering such persons and
vehicles.
3)
No owner of occupied residential real property
shall permit to remain on such property or any
part thereof a grass or lawn area of less than
one-half acre when growth on such grass or lawn
area exceeds 12 inches in height. This paragraph
shall not apply to land zoned for or in an
active farming operation.
Upon remedying any such unlawful condition, the
owner shall dispose of such vegetation in a
manner that eliminates any potential fire
hazard.
(b) Whenever the county administrator, or the official
designated by him, has determined by reports, inspections or
otherwise, that any such unlawful condition exists, he shall
notify the owner of the land upon which the violation exists
to cut or cause to be cut the grass, weeds, brush or other
uncontrolled vegetation within such reasonable time as is
specified in the notice. Such notice shall be in writing,
shall be delivered by hand or mailed to the last known
address of the owner and shall be complied with by the owner.
If such grass, weeds, brush or other uncontrolled
vegetation are not cut within the required time, the county
official designated by the county administrator shall cause
them to be cut and the costs and expenses thereof, including
an administrative handling charge of $35.00, shall be billed
to the property owner and if not paid shall be added to and
collected in the same manner as the real estate tax on such
property. The county administrator or his designee shall
certify the costs and expenses to the treasurer of the
county, who shall collect such amount; and if such amount
shall remain unpaid for a period of 60 days, then the
treasurer shall certify such charges as being unpaid to the
clerk of the circuit court of the county, who shall maintain
a record book of such delinquent costs and expenses in the
records of the clerk's office. Every charge authorized by
this section as a result of a violation of paragraph (a) (1)
with which the owner and lien holder of any such property
shall have been assessed and which remains unpaid shall
constitute a lien against such property ranking on a parity
03-672
08/27/03
with liens for unpaid locial taxes and shall be enforceable in
the same manner as provided, in Code of Virginia, tit. 58.1,
ch. 39, arts. 3 and 4 (§~ 58.1-3940--58.1-3974), as amended.
A locality may waive such liens in order to facilitate the
sale of the property. SUch liens may be waived only as to a
purchaser who is unrelated by blood or marriage to the owner
and who has no business association with the owner. All such
liens shall remain a personal obligation of the owner of the
property at the time the !liens were imposed.
(c) Any owner who[ violates paragraph (a) (1) of this
section shall be subjecti to a civil penalty of $50 for the
first violation, or violations arising from the same set of
operative facts. The civil penalty for subsequent violations
not arising from the sane set of operative facts within 12
months of the first violation shall be $200. Each business
day during which the same violation is found to have existed
shall constitute a sepairate offense. In no event shall a
series of specified violations arising from the same set of
operative facts result i~ civil penalties that exceed a total
of $3 000 in a 12-month period.
' i
(d) Violations of paragraph (a) (1) shall be a Class 3
misdemeanor in the e~ent three civil penalties have
previously been imposed On the same defendant for the same or
similar violation, not a~ising from the same set of operative
facts, within a 24-month!period. Classifying such subsequent
violations as criminal offenses shall preclude the imposition
of civil penalties for the same violation.
(e) Any violation Of paragraph (a) (3) of this section
shall be punishable by alcivil penalty not to exceed $100.00.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.D.
TO CONSIDER THE R~VISION OF THE COUNTY'S EMERGENCY
RESPONSE COST RECOVERY ORDINANCE TO ALLOW THE COUNTY
TO RECOVER EXPENSES FOR ADDITIONAL OFFENSES
Mr. Payne stated this da~e and time has been advertised for a
public hearing for the Board to consider revision of the
county's Emergency Response Cost Recovery Ordinance to allow
the county to recover expenses for additional offenses.
Mr. Warren called for public comment.
No one came forward to speak to the ordinance amendment.
Mr. Miller expressed concerns relative to the General
Assembly's rationale for allowing emergency response cost
recovery for incidents involving driving without a license.
On motion of Mr. McHalei seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE TO iAMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, i1997, AS AMENDED, BY AMENDING
RE-ENACTIN~ SiECTION 13-71 RELATING TO
AND
REIMBURSEMENT OiF EXPENSES INCURRED IN
RESPONDING TO DUi AND OTHER TRAFFIC INCIDENTS
03-673
08/27/03
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 13-71 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 13-71. Reimbursement of e~enses incurred in responding
to DUi and other traffic incidents.
(a) A person convicted of violating any of the following
provisions shall be liable in a separate civil action for
reasonable expenses incurred by the county or by any
volunteer rescue squad, or both, when providing an
appropriate emergency response to any accident or incident
related to such violation. Personal liability under this
section for reasonable expenses of an appropriate emergency
response shall not exceed $1,000.00 in the aggregate for a
particular accident or incident occurring in the county:
(1) The provisions of Code of Virginia §§ 18.2-51.4,
18.2-266 or 29.1-738, as amended, or a similar County
ordinance, when such operation of a motor vehicle, engine,
train or watercraft while so impaired is the proximate cause
of the accident or incident;
(2) The provisions of Code of Virginia, tit. 46.2, ch.
8, art. 7 (§§ 46.2-852 et seq.), as amended, relating to
reckless driving, when such reckless driving is the proximate
cause of the accident or incident;
(3) The provisions of Code of Virginia, tit. 46.2, ch.
3, art. 1 (§§ 46.2-300 et seq.), as amended, relating to
driving without a license or driving with a suspended or
revoked license; and,
(4)
amended,
accident.
The provisions of Code of Virginia, § 46.2-894, as
relating to improperly leaving the scene of an
(b) In determining "reasonable expenses", the county may
bill a flat fee of $100.00 or a minute-by-minute accounting
of the actual costs incurred. As used in this section
"appropriate emergency response" includes all costs of
providing law-enforcement, fire-fighting, rescue, and
emergency medical services.
(c) The fire and police departments shall compile a report
of the reasonable expenses of the appropriate emergency
response for each accident or incident and forward that
information to the county attorney's office or the accounting
department for appropriate proceedings.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-674
08/27/03
16 .E.
TO CONSIDER THE ACCEPTANCE AND APPROPRIATION OF PART C
GRANT FUNDS FOR THE COMMUNITY SERVICES BOARD
Mr. Hammer stated that th~s date and time has been advertised
for a public hearing for the Board to consider acceptance and
appropriation of Part C Grant Funds for the Community
Services Board.
Mr. Warren called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
accepted and appropriatedi $524,260 in state and federal funds
for the FY2004 Part C program of the Chesterfield Interagency
Coordinating Council and!Child Care Program, administered by
the Chesterfield Community Services Board and coordinated by
its Infant Program (It
· !zs noted no local matching funds are
required.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.F. TO CONSIDER AN ORDINANCE! TO VACATE A PORTION OF AN
UNIMPROVED RIGHT O~ WAY KNOWN AS ROWANTY COURT
Mr. Stith stated this da~e and time has been advertised for a
public hearing for the !Board to consider an ordinance to
vacate a portion of an~ unimproved right of way known as
Rowanty Court.
Mr. Warren called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to JANESHWAR
UPADHYAY also known as J. UPADHYAY and JA_NESHWAR
UPADHYAY and PURN!IMA UPADHYAY, (husband and
wife), ("GRANTEE"), a portion of an unimproved
right of way knowh as Rowanty Court, MATOACA
Magisterial Distr~ct, 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 15, at
Page 97.
WHEREAS, J. uPADHYAY, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of an unimproved! right of way known as Rowanty Court
MATOACA Magisterial District, Chesterfield County, Virginia
more particularly shown ion a plat of record in the Clerk's
Office of the Circuit COurt of said County in Plat Book 15,
Page 97, by LAPRADE BROS., dated MAY 12, 1967. The portion
of right of way petitioned to be vacated is more fully
described as follows:
A portion of an unimproved right of way known as
Rowanty Court, the location of which is more
03-675
08/27/03
fully shown on a plat made by LAPRADE BROS.,
dated MAY 12, 1967, a copy of which is attached
hereto and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of 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.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a variable width easement over the entire
portion of Rowanty Court hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of right of way hereby
vacated in the abutting 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 JANESHWAR
UPADHYAY also known as J. UPADHYAY, and JANESHWAR UPADHYAY
and PURNIMA UPADHYAY, (husband and wife), or their successors
in title, as GRANTEE.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.G. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF DUPUY
COURT SUBDIVISION
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of Dupuy Court Subdivision.
Mr. Warren called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following ordinance:
03 -676
08/27/03
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to JAMES W.
MAYFIELD, GENE A. BROWN and SUSIE W. BROWN,
(husband and wife), CHARMAINE HARRIS, and JAMES
ARTHUR JONES, ("GRANTEE"), a portion of Dupuy
Court Subdivision, MATOACA Magisterial District,
Chesterfield County,I Virginia, as shown on a plat
thereof duly recorded in~ the Clerk's Office of
the Circuit Court of Chesterfield County in Plat
Book 8, at Page 111.
WHEREAS, JAMES W. iMAYFIELD, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of Dupuy Cour~ Subdivision, MATOACA Magisterial
District, Chesterfield County, Virginia more particularly
shown on a plat of re~ord in the Clerk's Office of the
Circuit Court of said CoUnty in Plat Book 8, Page 111, by J.
W. PUGH, dated NOVEMBER 1947. The portion of Dupuy Court
Subdivision petitioned to be vacated is more fully described
as follows:
A portion of a 50' unimproved right of way known
as Peach Tree Street, a 30' Outlet Road and Lots
1, 2, 3 and Part of Lot 4 within Dupuy Court
Subdivision, the location of which is more fully
shown on a plat made by DOWNING SURVEYS, INC.,
dated MARCH 20, 2003, revised AUGUST 14, 2003, a
copy of which is attached hereto and made a part
of this Ordinance.
WHEREAS, notice has
2204 of the Code of
advertising; and,
been given pursuant to Section 15.2-
Virginia, 1950, as amended, by
WHEREAS, no public lecessity exists for the continuance
of the portion of subdivision 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 Dupuy
Court Subdivision be and!is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the 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 iOrdinance pursuant to Section 15.2-
2274 is to destroy the ~orce and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the portion of street
known as Peach Tree Street hereby vacated 'i~ the abutting
property owners within ~Dupuy Court Subdivision, free and
clear of any rights of Public use and shall vest fee simple
title of the Outlet ROad hereby vacated in the abutting
property owners within i Dupuy Court Subdivision, free and
clear at any rights of pmblic use.
03-677
08/27/03
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and JAMES W.
MAYFIELD, GENE A. BROWN and SUSIE W. BROWN, (husband and
wife), CHARMAINE HARRIS, and JAMES ARTHUR JONES, or their
successors in title, as GRANTEE.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
There were no remaining mobile home permits
requests at this time.
or zoning
18. ADJOURNMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adjourned at 8:07 p.m. until September 17, 2003 at 3:30 p.m.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Arthur S. Warren
Chairman
03-678
08/27/03