10-08-2003 MinutesBOARD OF SUPERVISORS
MINUTES
October 8, 2003
Supervisors in Attendances
Mr. Arthur S. Warren, Chairman
Mr. J. L. McHale, III, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny B. Humphrey
Mr. Kelly E. Miller
Mr. Lane B. Ramsey
County Administrator
Staff in Attendances
Colonel Carl R. Baker,
Police Department
Mr Larry Barnett,
Comm. Services Board
Mr Craig Bryant, Dir.,
Utilities
Ms Jana Carter, Dir.
Youth Services
Ms Marilyn Cole, Asst.
County Administrator
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr. James Dunn, Dir.,
Economic Development
Mr. William Dupler,
Building Official
Mr. Robert Eanes, Asst.
to County Administrator
Ms. Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
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 Joseph Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir., Planning
Mr H. Edward James,
Dir., Purchasing
Mr Donald Kappel, Dir.,
Public Affairs
Mr Michael Likins,
Coop. Extension Director
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
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Dr. William Nelson, Dir.,
Health Department
Maj. Ronald O'Shields,
Sheriff's Office
Mr. Francis Pitaro, Dir.,
General Services
Ms. Karen F. Russell,
Risk Manager
Ms. Sarah Snead, Dir.,
Social Services
Mr. James J. L. Stegmaier,
Deputy Co. Aclmin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Warren called the regularly scheduled meeting to order at
4:10 p.m.
1. APPROVAL OF MINUTES
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the minutes of September 17, 2003, as submitted.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
On motion of Mr. McHale,! seconded by Mr. Barber, the Board
approved the minutes of September 21, 2003, as submitted.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey introduced Rear Admiral Michael Lyden,
Commander, Defense Supply Center Richmond (DSCR).
Admiral Lyden provided the Board with an update on
activities at DSCR. i He also provided details regarding
the upcoming base realignment and closure process, and
stated DSCR will continue to provide world-class
logistic support to America's war fighters around the
clock and around the world.
Mr. Ramsey thanked Admiral Lyden for the informative
presentation.
Mr. Miller arrived at the meeting.
Dr. Nelson provided an update on West Nile Virus
activity. He stated tlhe disease is now present in bird
populations in virtually every state in the country, and
the virus moves between birds by mosquitoes that feed on
one bird and then another. He further stated most
mosquitoes lay their eggs in water that is only a foot
deep; therefore, structure and maintenance of BMPs is
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very important. He stated county maintained BMPs are
checked for mosquito larvae by Environmental Engineering
staff. He reviewed regional preventive efforts as well
as county preventive efforts. He stated 20 positive
birds were located in the county in 2003, mostly in the
Chester area, and only one human case in the area has
been reported for 2003. He further stated the mosquito
season has ended and the risk of West Nile Virus is
virtually over for this year. He noted education has
reduced the risk of contracting the disease.
Mr. Miller expressed concerns relative to the proximity
of BMPs to residential areas.
Dr. Nelson stated there are only two types of mosquitoes
that carry the West Nile Virus, and none of these have
been found in county BMPs. He further stated citizens
with concerns about mosquitoes in BMPs can contact the
Health Department and testing will be done, if
necessary. He stated, based on the widespread nature of
the cases, he feels the virus has established itself in
the area and will probably continue at this rate for
several years. He further stated he would like to see a
more systematic method of notifying residents in the
area of positive bird findings.
Mr. Chris Winstead, Virginia Department of
Transportation (VDOT) Resident Engineer, provided
details of VDOT's process for maintaining the BMPs they
are responsible for.
When asked, Mr. Winstead stated he is working with Parks
and Recreation to permanently resolve the BMP issue at
Greenfield Elementary School created with the widening
of Robious Road.
Senator John Watkins provided a history of the
development of the Geographic Information System (GIS)
in the Commonwealth of Virginia. He presented a check
to Ms. Nancy Parker, the county's GIS Manager,
representing state reimbursement for aerial photography
data provided by the county to the state. He also
presented Ms. Parker with a packet of diskettes, which
include Chesterfield's data as well as digital data for
adjoining localities. He stated data is currently being
collected for roadways owned and maintained by VDOT.
Discussion ensued relative to utilities data currently
included in the GIS system.
Senator Watkins stated it would be extremely helpful if
Dominion Virginia Power would share its data with
jurisdictions, in the event of another disaster.
Mr. Warren expressed appreciation to Senator Watkins for
his efforts to acquire information from Dominion
Virginia Power for localities' use.
Mr. Ramsey expressed appreciation to Ms. Parker for her
efforts in providing GIS information to the Board during
the hurricane disaster.
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Mr. Warren requested that a Dominion Virginia Power
representative attend the Board's October 22, 2003
meeting to discuss making information available to
citizens in the future.
3. BOARD COMMITTEE REPORTS
Mr. Barber stated he will hold two town meetings which are
open to the general public, one on October 13, 2003 relative
to the Public Private Transportation Act; and one on October
29, 2003 relative to the Public Private Education Act.
Mr. McHale stated he will hold community meetings on the same
topics on October 28, 2003 regarding Transportation and
October 30, 2003 regarding Schools.
Mr. Miller stated he has been requested by a Rockingham
County citizen to provide support and answer questions at a
public hearing on October 15, 2003 regarding a proposed
ordinance relative to adult businesses.
Mrs. Humphrey stated she supports Mr. Miller's attendance at
the Rockingham County public hearing.
Mr. Warren thanked Board members for their attendance at a
special Board meeting on September 21, 2003 following
Hurricane Isabel and at town meetings on September 29 and 30,
2003 relative to disaster relief efforts. He stated he will
hold a constituents' meeting on October 20, 2003 relative to
the new Clover Hill High School and growth management.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHAN~ES IN THE
ORDER OF PRESENTATION
On motion of Mr. Barber, seconded by Mr. McHale, the Board
added Item 8.C.3.e., Set Date for Public Hearing to Consider
a Zoning Ordinance Amendment Relative to Banners for Non-
Profit Organizations; replaced Item 8.C.6., Transfer of Funds
and Authorization to Enter Into a Virginia Department of
Transportation/County Loan Agreement for Route 360 Widening
Project; added Item 8.C.13., Transfer of District Improvement
Funds from the Clover Hill District Improvement Fund to the
Parks and Recreation Department to Construct a Dog Park at
Rockwood Park; added Item 8.C.14., Transfer of District
Improvement Funds from the Bermuda District Improvement Fund
to the Department of Environmental Engineering to Purchase
Pipe to be Installed in a County Drainage Easement to
Eliminate Flooding at the Intersection of Ecoff Road and
DeLavial Street; replaced Item 10.B., Report on the Status of
General Fund Balance, Reserve for Future Capital Projects,
District Improvement Funds, and Lease Purchases; replaced
Item 16.C., Public Hearing to Consider Amending Chapter 10 of
the County Code Relating to Fire Protection; and adopted the
Agenda, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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RESOLUTIONS AND SPECIAL RECOGNITION~
RECOGNIZING OCTOBER 2003, AS "CRIME PREVENTION
iN C~S~RFIELD COUNTY
Colonel Baker introduced Captain Mike Spraker and Officer
Linwood Arrington who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the vitality of our county depends on how safe
we keep our homes, neighborhoods, schools, workplaces, and
communities; and
WHEREAS, crime and fear of crime destroy our trust in
others and in civic institutions, threatening the community's
health, prosperity, and quality of life; and
WHEREAS, people of all ages must be made aware of what
they can do to prevent themselves and their families,
neighbors, and co-workers from being harmed by crime; and
WHEREAS, the personal injury, financial loss, and
community deterioration resulting from crime are intolerable
and require investment from the whole community; and
WHEREAS, crime prevention initiatives must include self-
protection and security, but they must go beyond these to
promote collaborative efforts to make neighborhoods safer for
all ages and to develop positive opportunities for younger
people; and
WHEREAS, adults must invest time, resources, and policy
support in effective prevention and intervention strategies
for youth, and teens must be engaged in driving crime from
their communities; and
WHEREAS, effective crime prevention programs excel
because of partnerships among law enforcement, other
government agencies, civic groups, schools, faith
communities, businesses, and individuals as they help to
nurture communal responsibility and instill pride.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes October 2003,
as ~Crime Prevention Month" in Chesterfield County and urges
all citizens, government agencies, public and private
institutions, and businesses to invest in the power of
prevention and work together to make Chesterfield County a
safer, stronger, more caring community.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Captain
Spraker, accompanied by Officer Arrington and Colonel Baker,
and expressed appreciation for the tireless efforts of the
Police Department towards crime prevention in the county.
Captain Spraker expressed appreciation to citizens for their
assistance with crime prevention.
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5.B. RECO~NIZIN~ OCTOBER 5 - 11, 2003, AS ~FIRE PREVENTION
WEEK"
Fire Marshal Michael Hatton expressed appreciation to the
Board for its support of fire prevention efforts. He stated
this year's theme is ~When Fire Strikes: Get Out! Stay Out!"
He introduced Deputy Fire Marshal Robbie Dawson who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, cooking, heating and electrical fires represent
three of the nation's leading causes of home fires, and are
collectively responsible for nearly half of all home fires
and almost one-third of the associated fire deaths; and
WHEREAS, the vast majority of home cooking, heating and
electrical fires can be prevented by taking simple safety
precautions; and
WHEREAS, developing a home fire escape plan and
practicing it at least twice a year is critical to escaping a
fire safely; and
WHEREAS, proper installation, testing and maintenance of
smoke alarms are part of a thorough home fire escape plan;
and
WHEREAS, the Fire Prevention Week 2003 theme, ~When Fire
Strikes: Get Out! Stay Out!" teaches two simple but life-
saving lessons: Install smoke alarms and test them regularly
and develop and practice home fire drills; and
WHEREAS, Chesterfield County Department of Fire and
Emergency Medical Services is dedicated to life safety,
property preservation and preventing the devastating effects
of fire; and
WHEREAS, the members of the fire service are joined by
other concerned citizens of this county, as well as, other
emergency service providers and safety advocates, businesses,
schools and service organizations.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the week of
October 5-11, 2003, as ~Fire Prevention Week," and that this
week commemorates the Great Chicago Fire of 1871, which
killed more than 250 persons, left 100,000 homeless, and
destroyed more than 17,400 buildings.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors calls upon the people of Chesterfield County to
participate in the fire prevention activities at home, work
and school, and to take the steps needed to make their homes
and families safe from the leading causes of home fires,
which include cooking, heating and electrical.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution to Deputy
Fire Marshal Dawson, accompanied by Fire Marshal Hatton, and
expressed appreciation for the Fire Department's fire
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prevention efforts as well as the assistance they provided
citizens during Hurricane Isabel.
5.C. RECOGNIZING MR. ROGER HERLEAN FOR EXEMPLARY VOLUNTZZR
SERVICE
Mr. Hammer introduced Mr. Roger Herlean who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Roger Herlean has spent a distinguished
career in industrial relations where he used his expertise
and caring to counsel Labor Union representatives and
employees about company benefits; and
WHEREAS, upon his retirement, Mr. Herlean dedicated
himself to serving seniors and caregivers in Chesterfield
County and neighboring localities as a volunteer with Senior
Connections, The Capital Area Agency on Aging (SC/CAAA); and
WHEREAS, Mr. Herlean has provided leadership and
volunteer service to the Virginia Insurance Counseling and
Assistance Program (VICAP) since April 1993; and
WHEREAS, Mr. Herlean has contributed more than 3,000
hours to VICAP to help thousands of seniors and caregivers
navigate health insurance, Medicare, Medicaid, and related
programs; and
WHEREAS, VICAP and SC/CAAA are partners with
Chesterfield County and neighboring localities in providing
home and community services to improve the quality of health
care for older adults; and
WHEREAS, Mr. Herlean's contributions and expertise have
benefited other volunteers and staff of VICAP and earned him
appointments to the VICAP Advisory Council and the National
Medicare Beneficiary Advisory Council; and
WHEREAS, Mr. Herlean has improved the quality of life
for thousands of citizens by helping them dispute errors in
medical bills, resolve insurance claims, obtain assistance
for the purchase of prescription medications, and make
informed decisions about health insurance coverage; and
WHEREAS, Mr. Herlean was the first volunteer
representative appointed to the SC/CAAA Board of Directors in
July 1998 and in recognition of his outstanding leadership
was reappointed in July 2000 and July 2003; and
WHEREAS, Chesterfield County wishes to publicly commend
and recognize Mr. Herlean's ten years of volunteer service to
SC/CAAA.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 8th day of October 2003,
publicly recognizes Mr. Roger Herlean, acknowledges and
expresses gratitude and admiration for his exemplary and
extraordinary volunteer service, and wishes him well in his
future work in support of older adults and caregivers.
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AND, BE IT FURTHER RESOLVED, that this resolution be
called to the attention of the county's citizens, officials
of the county, leaders of VICAP and the Board of Directors of
Senior Connections, The Capital Area Agency on Aging and all
other interested persons, and that a copy of this resolution
be presented to Mr. Herlean 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. Herlean,
accompanied by his wife, Ms. Thelma Bland Watson, Executive
Director for Senior Connections, Ms. Diane Peterson, Senior
Advocate, and Ms. Linda Barnhart, Volunteer Program Manager,
and expressed appreciation for his dedication to the senior
citizens of Chesterfield and neighboring localities.
Ms. Watson, Ms. Peterson and Ms. Barnhart each expressed
appreciation to Mr. Herlean for his contributions to the
region's senior citizens.
Mr. Herlean expressed appreciation to the Board for the
recognition.
5.D. RECOGNIZING T~ MONTH OF OCTOBER AS "DISABILITY
AWARENESS MONTH" IN CHESTERFIELD COUNTY
Mr. Hammer introduced Reverend Donna Mott, Chairman of the
Disability Services Board, who was present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the first recognition of Disability Awareness
Month was made on August 11, 1945 by a joint resolution of
the United States Congress as the "National Employment of the
Physically Handicapped WeekX; and
WHEREAS, Disability Awareness Month was further
supported through the signing of the ~Americans with
Disabilities Act of 1990~ (ADA) by President George H. W.
Bush for the purpose of prohibiting discrimination against
persons with disabilities in education, employment, and
government services, and at places of public accommodation,
commercial facilities, and in many other areas of society;
and
WHEREAS, Disability Awareness Month highlights that
people with disabilities residing in Chesterfield County are
valued and vital members of the community; and
WHEREAS, Disability Awareness Month acknowledges and
salutes the skills, talents, creativity, and abilities that
people with disabilities contribute to Chesterfield County;
and
WHEREAS, Disability Awareness Month increases public
knowledge of the barriers, social or physical, that still
exist and prevent full participation in community living of
Americans with disabilities and that the foundations
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established by the ADA are continued with commitment and
passion.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 8th day of October 2003,
publicly recognizes the month of October as ~Disability
Awareness Month" in Chesterfield County and urges all
citizens to support the activities of the Chesterfield County
Disability Services Board through advocacy for people with
physical and sensory disabilities.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Barber presented the executed resolution to Reverend
Mort, accompanied by members of the Disability Services
Board, and expressed appreciation for their efforts in
promoting disability awareness.
Reverend Mott expressed appreciation to the
recognizing "Disability Awareness Month."
Board for
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERreD ITENS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. HURRICANE ISABEL RESPONSE AND ~COVERY ISSUEF
8.A.1. UPDATE REGARDING HURRICANE ISABEL'S RESPON~ AND
RECOVERY E~0RTS
It was generally agreed to forego the presentation regarding
response and recovery efforts due to the issue of time.
8.A.3. EXTENSION OF HURRICANE ISABEL D~BRIS RECOVERY
CLEAhum PERIOD
Mr. Ramsey stated there have been nearly 35,000 drop-offs at
debris drop-off sites, and 3,800 pick-ups at homes with
64,000 cubic yards of debris removed thus far. He expressed
concerns that it is going to take much longer than estimated
to pick up all the debris in the county. He stated staff met
with the contractor this morning and he has committed by this
weekend to be disposing of 15,000-20,000 cubic yards per day.
He further stated there is more debris than was originally
estimated, and the contractor should have completed the first
pass by the end of October, and noted the Board has requested
that the date for citizens to have their debris out for pick
up be extended to October 26, 2003. He noted that FEMA will
set a deadline for claiming costs related to the storm, and
the county must complete its debris removal by that deadline.
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Mr. Miller stated senior citizens have expressed concerns
that they may not be able to get anyone to move their debris
to the curb by October 26tn'
Mr. Ramsey stated it will take at least two weeks after the
deadline for citizens to put out debris for the contractor to
pick it all up.
Mr. Barber stated he feels a deadline is important because it
offers motivation to the general public.
Mrs. Humphrey expressed concerns that many citizens are
overwhelmed with the amount of debris they have to deal with.
She suggested that the county publicly ask citizens to
volunteer to assist with debris removal from citizens who
cannot take care of it themselves. She stated she feels
October 26tn is too premature to ask residents to have
everything ready and suggested extending the date until
November 9, 2003, and then assess where we are.
Mr. McHale stated he does not object to November 9th. He
expressed concerns that many residents are having difficulty
finding contractors to come and move the debris. He
suggested that the county negotiate a contract that citizens
can use to access debris removal service at rates negotiated
by the county.
Mr. McHale made a motion, seconded by Mrs. Humphrey, for the
Board to extend the period of time allotted for free disposal
of Hurricane Isabel related residential debris at county
transfer stations as well as the contract assisted removal of
debris from public property to November 9, 2003; and to
direct the County Administrator to pursue a contract(s) with
a private contractor(s) to assist citizens who need help with
debris removal.
When asked, Mr. Ramsey stated the contract for debris pick-up
is based on volume rather than time.
Mr. Warren called for a vote on the motion of Mr. McHale,
seconded by Mrs. Humphrey, for the Board to extend the period
of time allotted for free disposal of Hurricane Isabel
related residential debris at county transfer stations as
well as the contract assisted removal of debris from public
property to November 9, 2003.
And, further, the Board directed the County Administrator to
pursue a contract(s) with a private contractor(s) to assist
citizens who need help with debris removal.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. McHale stated he feels the Board should recognize county
employees for their response and recovery efforts as well as
citizens, church groups and others for their efforts in
returning the county to normal.
Mr. McHale made a motion, seconded by Mr. Warren, for staff
to prepare resolutions for the Board to adopt commending
county employees for their response and recovery efforts and
citizens for their efforts in putting the county back
together after Hurricane Isabel.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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8.A.2. DESIGNATION OF THE APPLICa _~T'S P]~TMa_Ry AND SECONDARY
AGENTS FOR PUBLIC ASSISTANCE
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adopted the following resolution designating Mr. Lane Ramsey,
County Administrator, as the applicant's primary agent and
Mr. Richard Cordle, Treasurer, as the applicant's secondary
agent for public assistance for Chesterfield County:
WHEREAS, as a result of Hurricane Isabel, which occurred
in Virginia on September 18, 2003, President Bush has issued
a major disaster declaration for the State of Virginia, to
include Chesterfield County, and implemented the Public
Assistance Program; and
WHEREAS, Chesterfield County will apply for
reimbursement for federal disaster assistance for emergency
public assistance; and
WHEREAS, in order to receive the federal disaster
assistance, the State of Virginia has requested Chesterfield
County to designate an applicant's agent; and
WHEREAS, the applicant's agent for Chesterfield County
will be authorized to execute for and in behalf of
Chesterfield County the application for federal disaster
assistance and to file the application according to the
resolutions, policies, guidelines, and requirements outlined
under the Robert T. Stafford Disaster Relief & Emergency
Assistance Act, (Public Law 93-288 as amended); and
WHEREAS, the applicant's agent will be authorized to
accept and appropriate for and in behalf of Chesterfield
County the funds for emergency supplies, repairs and work
performed related to the September 2003 Hurricane.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, on behalf of its members,
designates Mr. Lane B. Ramsey, County Administrator, as the
applicant's primary agent and Ms. Lynda Price, Emergency
Management Coordinator, as the applicant's secondary agent
for Chesterfield County.
AND, BE IT FURTHER RESOLVED, that a copy of 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.
8.A.4. SUSPENSION OF BUILDING PE~M?T F~S a_~D OP~ BURNINC
~MIT ~ES UI~iL DECEMBER 31, 2003 FOR PERMIT~
DIRECTLY RELATED TO DAMA~ FROM HURRICANE IS~T,
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
suspended building permit fees and open burning permit fees
until December 31, 2003 for any permits, which are issued due
to damage caused by Hurricane Isabel.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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Mrs. Humphrey requested that each Board member provide a list
of citizens and organizations from their districts who
provided exemplary assistance during the hurricane and its
aftermath, and that Mr. Ramsey document these acts of valor
in a way that the county can thank those who were
responsible.
8.B. APPOINTMENTS
On motion of Mr. McHale, seconded by Mr. Miller, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members to serve on the Youth
Services Citizen Board and Health Center Commission,
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.1. YOUTH SERVICES CITIZEN BOARD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
simultaneously nominated/appointed Ms. Candace Rheinhart, a
student representative from the Matoaca 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.2. I~%LTH CENTER COMMISSION
On motion of Mr. McHale, seconded by Barber, the Board
simultaneously nominated/appointed Dr. David R. Beam,
representing the Bermuda 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.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1.&. RECO(}NIZING WILLIAM SEYMOUR, III FOR HIS SERVICE
TO ~ INDUSTRIAL DEVELOPMENT AuT~ORITY OF
CHESTERFIELD COUNTY
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Mr. William Seymour, III has served with
distinction as a member of the Industrial Development
Authority from approximately 1970 to June 2003; and
WHEREAS, in his role with the Industrial Development
Authority, Mr. Seymour assisted the county in attracting new
companies to locate here and also facilitating with the
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expansions of existing industries, including Pohlig Brothers,
B&B Printing, Blueprint Automation, Commonwealth
Biotechnologies, Incorporated and Super Radiator Coils,
creating millions of dollars in new investment and thousands
of new jobs for the residents of Chesterfield County; and
WHEREAS, Mr. Seymour has assisted in the development of
industrial parks that have been valuable tools for Economic
Development, and both the Meadowville Technology Park and the
Chesterfield Industrial Airpark have become great assets to
the county; and
WHEREAS, Mr. Seymour has also assisted in a variety of
affordable housing projects for the county, including
Winchester Green and the student housing project for Virginia
State University; and
WHEREAS, Mr. Seymour has faithfully and diligently
performed the duties assigned to him as a member of the
authority and has consistently demonstrated leadership,
sensitivity, and commitment to the issues before the
Industrial Development Authority during his impressive 32-
plus year tenure.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 8tn day of October 2003,
recognizes Mr. William Seymour, III, and expresses
appreciation for his valuable time and commitment to
Chesterfield County while serving on the Industrial
Development Authority of the County of Chesterfield,
Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.b. RECOGNIZING OCTOBER 8, 2003, AS ~SAVE DAY" IN
C~u~STs~ELD COUNTY
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, violence is among the leading causes of death
in America, and has replaced disease as the number one killer
of children; and
WHEREAS, domestic violence has devastating effects on a
woman's physical and emotional well-being, and her ability to
care for her children; and
WHEREAS, violence comes in many forms: sexual violence;
gang and peer-related violence committed by youth of all
ages; family violence; street violence; and violence in the
media; and
WHEREAS, billions of dollars per year are attributable
to preventable violence-related deaths and injuries and add a
tremendous burden to America's health care system; and
WHEREAS, the first step toward unraveling the many
layers of our nation's violence problems can begin with
awareness; and
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WHEREAS, awareneSs and prevention are the heart of the
SAVE Program and of its cornerstone event, SAVE Today for
Tomorrow, during which physicians' spouses across the country
will join efforts to Stop America's Violence Everywhere
(SAVE); and
WHEREAS, members of the Richmond Academy of Medicine
Alliance, Incorporated will lead the effort to urge local
citizens to search for ways we can all help SAVE (Stop
America's Violence Everywhere);
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 8tn day of October 2003,
recognizes October 8, 2003, as "SAVE Day" in Chesterfield
County.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .C.i.c.
RECOGNIZING DISTRICT CHIEF JACK K. EC~LESTON,
C~.STERFI~?.~ FI~P~EAND E~ERGENCYMEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Mr. Jack K. Eggleston recognized a need for
fire protection in the rural section of southern Chesterfield
County and joined a small group of community members who
shared that vision; and
WHEREAS, that group met every Monday evening at Archer's
Garage and later Gill Grove Baptist Church to formulate a
plan of addressing the need which led to the acquisition of
donated land on River Road; and
?~EREAS, Mr. Eggleston and this group invested numerous
weekends and weeknights constructing what would become the
Phillips Volunteer Fire Station, which opened for service in
May 1976; and
WHEREAS, Mr. Eggleston was appointed Captain and
continued serving his community while furthering his fire
fighting education, which included Firefighter III, EMT-
Cardiac Technician, Hazardous Materials, Boat Safety,
Instructor III, and Chief Officer; and
WHEREAS, in 1977, Mr. Eggleston became the District
Chief of Phillips Volunteer Fire Department, where he
continued to serve the community with emergency responses as
well as by carrying water to horses or just inviting
community members without electricity to the station to get
warm and have dinner; and
WHEREAS, Chief Eggleston inspired many young adults over
the years to pursue careers in the fire service field,
including his son and son-in-law, who continue his legacy in
the community because of their service; and
WHEREAS, Chief Eggleston retired as District Chief with
Chesterfield Fire and Emergency Medical Services in July
2003, yet continues to serve the community as Phillips
Volunteer Fire Department's Administrative Assistant.
03-761 10/08/03
NOW, THEREFORE IT BE RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mr. Jack K. Eggleston,
extends appreciation for his leadership, devotion, and
dedicated service to the citizens of Chesterfield County, and
congratulations upon his retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.d.
APPROVING CHANGES IN SECONDARY SYST~m~OF STATF
HIghWAYS; COALFIELD ROAD
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Virginia Department of Transportation has
provided the Board of Supervisors with a sketch dated April
16, 2002, depicting an abandonment required in the secondary
system of state highways as a result of Project 0288-020-105,
C504, B679, B680 and B681 which sketch is hereby incorporated
herein by reference; and
WHEREAS, new roads serve the same citizens as the
portion of old road identified to be abandoned and that
segment no longer serves a public need.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors does hereby abandon as a part of the secondary
system of state highways the portion of road identified by
the sketch to be abandoned, pursuant to Section 33.1-155
Code of Virginia, 1950, as amended. '
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors does hereby request that the Commonwealth
Transportation Commissioner certify, in writing, that the
portion of road hereby abandoned is no longer deemed
necessary for uses of the secondary system of state highways
pursuant to Section 33.1-154 of the Code of Virginia 1950
as amended. ' '
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.2. ACCEPTANCE AND APPROPRIATION OF GRANT FUND~
8.C.2.a. FOR A DEPAR~ OF CONSF~VATIONAND RECREATION
GRANT FOR IMPROVEMENTS TO EPPINGTON PLANTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted and appropriated a Department of Conservation and
Recreation grant in the amount of $60,000 for the Eppington
Plantation Historical Park.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-762
10/08/03
8.C.2.b. FOR A F~_-DERAL GRANT FROM T~ DEPARTMENT OF JUSTICE
FOR ~ C-~%TION OF FiVE POSITIONS FOR ouym~ILE
DRUG COURT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the acceptance and appropriation of Juvenile Drug
Court grant funds from the Department of Justice in the
amount of $499,840; and created five positions necessary to
operate the drug court: three treatment clinicians, one drug
court probation officer, and one drug court administrator.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3. SET DATES FOR PUBLIC HEARINGS
8.C.3.&. TO CONSIDER AN ~.~NT TO THE SOUTHERN AND
WESTERN AREA PLAN RELATING TO T~u~ MATOACA
VILLAGE PLAN
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 12, 2003 at 7:00 p.m. for a public
hearing to consider adoption of the Matoaca Village Plan and
related ordinances.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3.b.
TO CONSIDERANAHENIH4ENT TO THE ZONING
ORDINANCE ~LATIVE TO SIGNS IN COUNTY OWNED
ROAD RIGHTS OF WAY
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 12, 2003 at 7:00 p.m. for a public
hearing to consider an amendment to the Zoning Ordinance
relative to signs in county owned road rights of way.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3.C. TO ~.ND Tw~ SUBDIVISION ORDINANCE TO ESTABLISH
STANDARDS FOR LOTS IMPACTED BY WETLANDS,
FLOODPLAINS OR RESOURCE PROTECTIONAREA~
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 12, 2003 at 7:00 p.m. for a public
hearing to consider amendments to the Subdivision Ordinance
to establish standards for lots impacted by wetlands,
floodplains or resource protection areas.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3.d.
TO CONSIDER A ZONING ORDINANCE ~ TO
CFa, NGE C~RTAIN SPECIAL EXC~TIONS TO CO~-DIxIONAL
USES
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 12, 2003 at 7:00 p.m. for a public
03-763
10/08/03
hearing to consider a Zoning Ordinance amendment to change
certain Special Exceptions to Conditional Uses.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3.e. TO CONSIDER A ZONING ORDINANCE AMENDMENT RELATIVE
TO BANNERS FOR NON-PROFIT ORGANIZATIONS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 12, 2003 at 7:00 p.m. for a public
hearing to consider a Zoning Ordinance amendment relative to
banners for non-profit organizations.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.4. APPROVAL OF RECOMMENDATIONS FROM THE DRUG AND ALCOHOL
ABUSE TASK FORCE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the following recommendations from the Drug and
Alcohol Abuse Task Force: appointment of up to two members
by each Board of Supervisors member to serve on the Substance
Abuse Free Environment (SAFE) Board of Directors; and Youth
Services to continue to provide staff support and leadership
for SAFE.
8.C.5. STATE ROAD ACCEPTANCE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
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.
03-76&
10/08/03
Type Chansle to the Secondary System of State Hlczhwavs: Addition
Basis for Change:
Statutory Reference:
Addition, New subdivision street
§33.1.229
Project:
From:
To:
Sycamore Village, Section B
Village Gate Drive, State Route Number: 5579
Village Ridge Dr. (Rt. 4673)
Village View Dr., (Rt. 5580), a distance of: 0.06 miles.
Right-of-way record was filed on 5/3/1997 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 54, with
a width of 50-56 Ft.
· Village Gate Drive, State Route Number: 5579
From: Village View Dr., (Rt. 5580)
To: Village Gate PI., (Rt. 5581), a distance of: 0.03 miles.
Right-of-way record was filed on 5/3/1997 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 54, with
a width of 54 Ft.
· Village Gate Drive, State Route Number: 5579
From: Village Gate PI., (Rt. 5581)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 5/3/1997 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 54, with
a width of 54 Ft.
· Village Gate Place, State Route Number: 5581
From: Village Gate Dr., (Rt. 5579)
To: Cul-de-sac, a distance of: 0.02 miles.
Right-of-way record was filed on 5/3/1997 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 54, with
a width of 48 Ft.
· Village View Drive, State Route Number: 5580
From: Village Gate Dr., (Rt. 5579)
To: Cul-de-sac, a distance of: 0~05 miles.
Right-of-way record was filed on 5/3/1997 with the Office of Clerk To Circuit Court in Pb. 101; Pg. 54, with
a width of 50 Ft.
And, further, the Board
WHEREAS, the street
recorded in the Clerk'!s
Chesterfield County; and
adopted the following resolution:
described below is shown on plats
Office of the Circuit Court of
WHEREAS, the Resident
Department of Transportation
street meets the requirements
Engineer for
has advised
established by
Street Requirements of the Virginia
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this
the Virginia Department of Transportation to
03-765
the Virginia
this Board the
the Subdivision
Department of
Board requests
add the street
10/08/03
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Change to the Secondary Swtem of State Hiahwavs: ACdifl9n
Basis for Change:
Statutory Reference:
Addition, New subdivision street
Project:
Forest Hill Manor
Bendemeer Road, State Route Number: 2058
From:
0.05 Mi. W of Tuscora Rd., (Rt. 1975)
To:
Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 12/21/2000 with the Office Of Clerk To Circuit Court in Pb. 114; Pg. 96,
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.
Baeis for Change:
Statutory Reference:
Addition, New subdivision street
Project:
From:
To:
Watermlll, Phase 1
Billetone Drive, State Route Number: 5587
Rose Family Dr., (Rt. 5586)
Intersection Water Horse Ct. (Rt. 5592) Billstone PI. (Rt. 5588), a distance of: 0.06 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Cimuit Court in Pb. 113; Pg. 43,
03-766
10/08/03
with a width of 50 Ft.
· BIIIstone Place, State Route Number: 5588
From: Biltstone Dr., (Rt. 5587)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 40 Ft.
· Holding Pond Court, State Route Number: 5591
From: Holding Pond Ln., (Rt. 5590)
To: Cul-de-sac, a distance of: 0,11 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 40 Ft.
· Holding Pond Lane, State Route Number: 5590
From: Water House Dr., (Rt. 5589)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 40 Ft.
· Holding Pond Lane, State Route Number: 5590
From: Water House Dr., (Rt. 5589)
To: Holding Pond Ct., (Rt. 5591), a distance of: 0.15 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 40 Ft.
· Holding Pond Lane, State Route Number: 5590
From: Holding Pond Ct., (Rt. 5591)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 40 Ft.
· Rose Family Drive, State Route Number: 5586
From: Rose Family Ln., (Rt. 5585)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 50 Ft.
· Rose Family Drive, State Route Number: 5586
From: Rose Family Ln., (Rt. 5585)
To: Billstone Dr., (Rt. 5587), a distance of: 0.09 miles.
Right-of-way record was filed on 10/16/2000 with ~he Office Of Clerk To Circuit Court in Pb. 113; Pg. 43,
with a width of 50 Ft.
· Rose Family Drive, State Route Number: 5586
From: Billstone Dr., (Rt. 5587)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 50 Ft.
03 -767
[0/08/03
· Rose Family Lane, State Route Number: 5585
From: Windmill Ridge Dr., (Rt. 5584)
To: Rose Family Dr., (Rt. 5586), a distance of: 0.06 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 70 Ft.
· Water Horse Court, State Route Number: 5592
From: Billstone Dr., (Rt. 5587)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Cimuit Court in Pb.113; Pg. 43,
with a width of 50 R.
· Water House Drive, State Route Number: 5589
From: Watermill Py., (Rt. 5583)
To: Holding Pond In., (Rt. 5590), a distance of: 0.05 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Cimuit Court in Pb.113; Pg. 43,
with a width of 50 Ft
· Watermill Parkway, State Route Number: 5583
From: Old Hundred Rd., (Rt. 652)
To: Windmill Ridge Dr., (Rt. 5584), a distance of: 0.15 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 70 Ft.
· Watermlll Parkway, State Route Number: 5583
From: Windmill Ridge Dr., (Rt. 5584)
To: Water House Dr., (Rt. 5589), a distance of: 0.28 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 50 Ft.
· Windmill Ridge Drive, State Route Number: 5584
From: Watermill Py., (Rt. 5583)
To: Rose Family Ln., (Rt. 5585), a distance of: 0.06 miles.
Right-of-way record was filed on 10/16/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg. 43,
with a width of 70 Ft.
· Windmill Ridge Drive, State Route Number: 5584
From: Rose Family Ln., (Rt. 5565)
To: 0.02 Mi. E of Rose Family Ln., (Rt. 5565), a distance of: 0.02 miles.
Right-of-way record was filed on 10/1 6/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 43,
with a width of 70 Ft.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
8 .C. 7. APPROPRIATION OF FUNDS TO THE INDUSTRIAL DEVELOPM~2~T
AUTHORITY FOR PURPOSES OF AN ECONOMIC DEVELOPMenT
GRANT
On motion of
appropriated
Mr. McHale, seconded by Mr. Barber, the Board
$55,000 from the Economic Development Incentive
03-768
~0/08/03
Reserve to the Industrial Development Authority for the
purpose of awarding an economic development grant to HCA
Healthcare.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
8.C.8.
APPROVAL OF A CHAN~E ORDER TO S. W. ROGERS
CONSTRUCTION CO~J~NY INCOR~OI~TED FOR ~ ~I~
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a change order
with S. W. Rogers Construction Company Incorporated, in the
amount of $83,893, for the removal and replacement of poor
soils for the Jail Replacement Project Phase 'A' site work.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
8.C.9 ·
AWARD OF CONSTRUCTION CONTRACT TO G.V. LAYNE
CONT--RACTING, INCORPORATED FOR THE BAILEY BRID~E FORCE
MAIN - PHASE IV PROJECT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
awarded a construction contract to G. V. Layne Contracting,
Incorporated, in the amount of $1,264,669.50, for the Bailey
Bridge Force Main - Phase IV Project, and authorized the
County Administrator to execute the necessary documents.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
8.C.10. ACCEPTANCE OF PARCELS OF LAND
8.C.10.&. ALONG THE WEST RIGHT OF WAY LINE OF MT. HERMON
ROAD FROM GLEN V. AND CELIA R. HEALEY
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 1.05
acres along the west right of way line of Mt. Hermon Road
(State Route 606) from! Glen V. and Celia R. Healey, and
authorized the County Administrator to execute the necessary
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
8.C.10.b.
ALONG T~ WEST RIGHT OF WAY LINE OF CHESTER ROAD
FROM CHARLES ~. AND CAROL B. LANDEN
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.066
acres along the west right of way line of Chester Road from
Charles M. and Carol B. Landen, 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 McHale.
Nays: None.
03-769
10/08/03
8.C.11.
REQUEST TO QUITCLAIM A SIXTEEN-FOOT DRAINAGE
EASEMENT (PUBLIC) ACROSS THE PROPERTY OF SWIFT CREEK
LAND ASSOCiATES, LIMITED PARTNERSHIP
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized.the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot drainage easement (public) across the property of
Swift Creek Land Associates, Limited Partnership. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
8.C.12. TRANSFER OF $5200 IN DISTRICT IMPROVEMENT FUNDS TO
THE CHESTERFIELD COUNTYHISTORICAL SOCIETY TO
REPRINT THE ~CHESTERFIELD, AN OLD VIRGINIA COUNTY
1607-1954# BOOK
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $1,040 each from the Bermuda, Clover Hill, Dale,
Matoaca and Midlothian District Improvement Funds (total of
$5,200) to the Chesterfield County Historical Society to
reprint the ~Chesterfield, an Old Virginia County 1607-1954"
book written by Francis Earle Lutz.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
8.C.13. TRANSFER OF DISTRICT IMPROVEMENT FONDS FROM THE
CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE PARKS
AND RECREATION DEPART~n~T TO CONSTRUCT A DOG PARK
AT ROCKWOOD PARK
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $5,000 from the Clover Hill District Improvement
Fund to the Parks and Recreation Department to construct a
dog park at Rockwood Park.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
8.C.14. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA DISTRICT IMPROVEMENT FUND TO THE DEPARTMENT
OF ENVIRONMENTAL ENGINEERING TO PURCHASE PIPE TO BE
INSTALLED IN A COUNTY DRAINAGE EASEMENT TO ELIMINATE
FLOODIN~ AT THE INTERSECTION OF ECOFF ROAD AND
DELAVIAL STREET
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $5,300 from the Bermuda District Improvement Fund
to the Department of Environmental Engineering to purchase
pipe to be installed in a county drainage easement to
eliminate flooding at the intersection of Ecoff Road and
DeLavial Street.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
03-770
10/08/03
The following item was removed from the Consent Agenda for
Board discussion:
8.C.6.
TRANSFER OF FUND~ AND AUTHORIZATION TO ENTER INTO A
VIRGINIA DEPAR~ OF TRANSpoRTATION (VDOT)/COUNTY
LOAN AGREEMENT FOR ROUTE 360 WIDENING PROJECT (SWIFT
CREEK - WINTERPOCK)
Mr. Miller expressed concerns relative to the amount of
interest the county will lose by providing an interest free
loan, and asked whether the county has made loans like this
in the past for road projects.
Mr. Ramsey stated the county has provided loans to VDOT on a
number of occasions as a means for advancing road projects.
Mr. Micas noted that the agreement will include a
nonappropriation clause for VDOT which is similar to what has
been done in the past.
Mr. McHale inquired how
progressing.
the Kingsdale Road project is
Mr. McCracken stated, through MP0 actions, the county has
designated sufficient funds to complete the Kingsdale Road
project, and VDOT has indicated the project will be
advertised in January 2004.
Mr. Barber expressed concerns that there is no guarantee VDOT
will reimburse the county because of the nonappropriation
clause.
Mr. Ramsey stated there has never been a guarantee that VDOT
would reimburse the county for loans to complete road
projects. He further stated that in the past, the county has
always been reimbursed by VDOT.
Mr. Micas stated the agreement represents an obligation on
VDOT's part, subject to annual appropriations, and provides
that the Secretary of Transportation must support the
repayment. He further stated it would be highly irregular
for VDOT not to reimburse the county, considering the long
term partnership they have had.
Mr. Miller expressed concerns relative to providing a $1
million loan and having to rely on VDOT's good faith for
reimbursement.
Mr. Barber expressed Concerns relative to the hazardous
conditions on Old Bon Air Road, and noted that the project
has been postponed fOr many years because of budget
constraints. He stated there was another serious accident on
Old Bon Air Road last night, and expressed concerns about
loaning money for road projects for the convenience of
commuters, rather than addressing hazardous road issues where
citizens have lost their lives. He stated he will not
support the transfer of funds to VDOT for the Route 360
widening project.
Mrs. Humphrey stated the Board provided funding for the
Woolridge Road Extension several years ago to reduce commuter
03-771
10/08/03
time through the Midlothian Village. She further stated she
has no doubts that VDOT will reimburse the county. She
expressed concerns relative to the amount of traffic on Route
360, and stated that the widening project has been designated
the number one road priority for both the county and the
region.
Mr. Miller stated he will support the proposal although he is
concerned about providing an interest-free loan without a
legal commitment that the county will be reimbursed.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $1 million from the Industrial Access Account for
the Route 360 widening project from Swift Creek to Winterpock
Road, and authorized the County Administrator to execute a
Virginia Department of Transportation (VDOT)/county loan
agreement, acceptable to the County Attorney, which provides
for a $1 million loan to VDOT for the westbound widening.
Ayes: Warren, McHale, Humphrey and McHale.
Nays: Barber.
Mr. Warren recognized former Board of Supervisors member Joan
Girone who was present at the meeting.
Mrs. Joan Girone, representing the Chesterfield Business
Council, stated the council supports the Board's decision to
transfer funds for the Route 360 widening project. She read
e-mails from two members of the council who support the
proposal.
9. HEARINGS OF CITIZENS ON UNSCI~DUL]~D MATTERS OR CT,aIN~
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion of Mrs. Humphrey, seconded by Mr. McHale, 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.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
11. DINNER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
03-772
10/08/03
Reconvening:
12. INVOCATION
Deacon Darryl W. Cousins, Sr., Cornerstone Baptist Church,
gave the invocation.
13. p?.~X~E OF ALLEGIANCE. TO ~ FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Darren Linzey Faulkner led the Pledge
Allegiance to the flag of the United States of America.
of
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.A.1. DAR~N LINZEY FAULKNER, MATOACA DISTRICT
Mr. Hammer introduced Mr. Darren Faulkner 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. Darren Linzey Faulkner, Troop 806,
sponsored by Woodlake United Methodist Church, has
accomplished those high standards of commitment and has
reached the long-sought igoal of Eagle Scout, which is earned
by only four percent iof 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, Darren 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 8th day of October 2003,
publicly recognizes Mr. Darren Linzey Faulkner, 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.
03 -773
10/08/03
Mrs. Humphrey presented the executed resolution and patch to
Mr. Faulkner, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Faulkner expressed appreciation to members of his troop,
Woodlake United Methodist Church, his parents and others for
their support.
14.A.2. SCOTT WILLIAM DECKER, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Scott Decker 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. Scott William Decker, Troop 800, sponsored
by Bethel Baptist Church, has accomplished those high
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Scott 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 8th day of October 2003,
publicly recognizes Mr. Scott William Decker, 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 and patch to Mr.
Decker, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Decker expressed appreciation to his parents,
scouts, troop leaders and others for their support.
fellow
03-774
10/08/03
14.B. RECOGNIZING T~E 2003 CENTRAL CHESTERFIELD LITTLE
T,~.~G'UE FIFT~EN-YEA~ -OLD NATIONAL INVITATIONAL ALL
STARS FOR ITS OUTSTANDING REPHESENTATION OF
CHESTERFIELD COUN~
Mr. Hammer introduced coaches and members of the Central
Chesterfield Little League 15-year-old National Invitational
All Stars who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, participation in youth athletics has long been
an integral part of .Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, the 2003 Central Chesterfield Little League 15-
year-old division is managed by Glenn Miller and coached by
Mike Eugene and Alan Pruett; and
WHEREAS, by winning pool play with a record of 3-1 the
team advanced to the Championship game where they came in 1st
place; and
WHEREAS, under the guidance and direction of Mr. Miller,
Mr. Eugene, and Mr. Pruett, the team had a win-loss record of
4-1 with players: Mat Fletcher, Patrick Eugene, David Smiy,
Brian Hannum, Frankie Sheffield, Dustin Shipp, Bruce Privott,
Dylan Waldron, Burton Pegoraro, Jason Walton, Jason Pruett
and Colin Innes.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 8th day of October 2003,
publicly recognizes the 2003 Central Chesterfield Little
League 15-year-old National Invitational All Stars, for their
outstanding representation of Chesterfield County, commends
them for their commitment to excellence and sportsmanship,
and expresses best wishes for continued success.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
Mr. Warren and Mr. McHale presented executed resolutions to
the coaches and members of the Central Chesterfield Little
League 15-year-old National Invitational All Stars,
congratulated them on an outstanding season, and wished them
future success.
Coach Miller expressed appreciation to the Board for the
recognition and also to the Parks and Recreation Department
for their support.
14.C. RECOGNIZING THE 2003 CENTRAL CHESTERFIELD LITTLE
?.~GUE EIGHT-YEAR-OLD NATIONAL INVITATIONAL ALL STARS
FOR ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD
COUNTY
Mr. Hammer introduced coaches and members of the Central
Chesterfield Little League eight-year-old National
Invitational All Stars who were present to receive the
resolution.
03-775
10/08/03
On motion of the Board, the following resolution was adopted:
WHEREAS, participation in youth athletics has long been
an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, the 2003 Central Chesterfield Little League
eight-year-old National Division is managed by Steve Moore
and coached by Kenny Mitchell, Brian Douglass and Chuck
Smith; and
WHEREAS, by winning their pool 3-1, the Central
Chesterfield Little League eight-year-old National Division
advanced to the semi-finals round and won, thereby advancing
to the championship game where they finished in first place;
and
WHEREAS, under the guidance and direction of Mr. Moore,
Mr. Mitchell, Mr. Douglass and Mr. Smith, the team had a win-
loss record of 5-1 and won their pool with players: Dylan
Burnette, Brian Douglass, Jimmy Emory, Bryce Harman, Alana
Harris, Tanner Mitchell, Jacob Moore, Cody Perry, Joshua
Romano, Alex Smith, Joshua Wright, Matthew Saunders.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 8th day of October 2003,
publicly recognizes the 2003 Central Chesterfield Little
League eight-year-old National Invitational All Stars for
their outstanding representation of Chesterfield County,
commends them for their commitment to excellence and
sportsmanship, and expresses best wishes for continued
success.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
Board members presented executed resolutions to coaches and
members of the Central Chesterfield Little League eight-year-
old National Invitational All Stars, congratulated them on
their outstanding achievement, and wished them future
success.
14.D. RECOGNIZING OCTOBER 2003, AS ~DOI~gRTIC VIO?.~-NCE
AWARENESS MONTH"
Mr. Hammer introduced Ms. Janett Forte, Domestic Violence
Resource Center Coordinator, Mr. Larry Barnett, representing
the Community Services Board, and members of the county's
Domestic Violence Task Force who were present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
~EREAS, violence in the home continues as a major
social problem affecting all members of the family and
community and dramatically reduces the quality of life for
many citizens; and
WHEREAS, we understand the problems of domestic violence
occur among people of all ages and in families of all
economic, racial, and social backgrounds; and
03-776
10/08/03
WHEREAS, the crime of domestic violence violates an
individual's privacy, dignity, security, and humanity, due to
systematic use of physical, emotional, sexual, psychological
and economic control and abuse; and
WHEREAS, the impact of domestic violence is wide
ranging, directly affecting women, men and their children and
our community as a whole; and
WHEREAS, Chesterfield County is committed to supporting
the well being of families by advocating for intervention and
prevention activities that decrease the incidents of domestic
violence; and
WHEREAS, only a coordinated and integrated effort, which
obtains a commitment from all elements of the community to
share responsibility in the fight against domestic violence,
will put an end to the horrific crime.
NOW, THEREFORE, BE ~IT RESOLVED, that the Chesterfield
County Board of SuperviSors, this 8th day of October 2003,
publicly recognizes October 2003, as ~Domestic Violence
Awareness Month" and urges all citizens to actively support
the efforts of the Chesterfield County Domestic Violence
Resource Center, the chesterfield Domestic Violence Task
Force and our local domestic violence service providers in
working towards the elimination of domestic violence in our
community.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
Mr. Barber presented the executed resolution to Mr. Barnett,
accompanied by members of the Domestic Violence Task Force
and domestic violence service providers, and expressed
appreciation for their efforts towards eliminating domestic
violence.
Ms. Forte expressed appreciation for the opportunity to
acknowledge "Domestic !Violence Awareness Month." She
reviewed recent initiatives of the task force.
Mr. Barnett expressed appreciation to the Board, Mr. Ramsey
and county staff for their support of the Domestic Violence
Task Force.
14.E. RECOGNIZING OCTOBER 14 2003, AS "CHRISTMAS MOTHER DAY"
Mr. Hammer introduced Ms. Mary Blackwood, Christmas Mother
for 2003, who was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, most families in Chesterfield County enjoy
peace and happiness during the Christmas holidays; and
WHEREAS, there are many, including children, the elderly
and the less fortunate, who do not have the means to enjoy
this special time of year; and
03-777
10/08/03
WHEREAS, the Chesterfield/Colonial Heights Christmas
Committee has successfully provided food, gifts, and clothing
to many of our citizens in the past; and
WHEREAS, Ms. Mary Blackwood has been elected Christmas
Mother for 2003 and requests support of all the citizens of
the county to ensure that those less fortunate may enjoy this
special season of the year.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes October 14,
2003 as "Christmas Mother Day" and urges all citizens of
Chesterfield County to support this worthy endeavor.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors publicly commends the Christmas Committee for
their very successful efforts in past years and extends best
wishes for a successful 2003 season.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Ms. Blackwood 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 McHale.
Nays: None.
Mrs. Humphrey presented the executed resolution and a
contribution, on behalf of the county, to Ms. Blackwood and
wished her well in her endeavors as Christmas Mother.
Ms. Blackwood recognized a former Christmas Mother, Mrs.
Barbara McHale, who was present at the meeting. She
expressed appreciation to the Board, county staff and
citizens for their support of the Christmas Mother Program.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONIN~ PLACED ON
THE CONSENT A~ENDA TO BE HEARD IN THE FOLLOWIN~ ORDERs
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICAN~
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
HEARD AT SECTION 17
03SN0327
In Bermuda Magisterial District, ANTONIO AND CHRISTINE CIMIN0
request Conditional Use and amendment of zoning district map
to permit a two (2) family dwelling in a Residential (R-7)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 4.0 units per acre or less. This request
lies on 16.7 acres and is known as 2301 Burgess Road. Tax ID
827-647-3654 (Sheet 36).
Mr. Jacobson presented a summary of Case 03SN0327 and stated
the Planning Commission and staff recommend approval subject
to conditions.
Mr. Antonio Cimino and Mrs. Christine Cimino stated the
recommendation is acceptable.
03-778
10/08/03
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved Case 03SN0327 subject to the following conditions:
Occupancy of the second dwelling unit shall be limited
to: the occupantS of the principal dwelling unit;
individuals related to them by blood, marriage, adoption
or guardianship; foster children; guests; and any
domestic servants, i(P)
o
For the purposes Of providing record notice, within
thirty (30) days of !the approval of this request:
An instrument titled "notice of zoning restriction"
shall be recorded with the property owner indexed
as "grantor" and setting forth the limitations of
Conditions 1 and 2; and
The deed book and page number of such notice and a
copy of the notice as recorded shall be submitted
to the Planning Department. (P)
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller recognized imembers of Boy Scout Troop 880,
sponsored by Beulah United Methodist Church, who were present
at the meeting.
16. PUBLIC HEARINGS
16 .A.
TO CONSIDER RE-AIK~PTION OF AN ORDINANCE AMENDING AND
ADDING A SECTION ~ COUNTY CODE TO ALLOW TH~ COU~Tf TO
COLLRCT A FEE AS ~OURT COSTS IN JUVENILE AND DOMESTIC
RELATIONS DISTRIC¶ COURT AND CIRCUIT COURT TO DEFRAY
T~ COST OF OPERA¶
SHERIFF'S TRAININ(
~ING THE COUNTY'S POLICE AND
ACADEMIES
Mr. Micas stated this date and time has been advertised for
the Board to re-adopt an ordinance amending the County Code
to allow the county to collect a fee as court costs in
Juvenile and Domestic Relations District Court and Circuit
Court to defray the cost of operating the county's police and
sheriff's 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
re-adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 9-133 AND BY ADDING SECTION 9-134
RELATING TO FEES COLLECTED FOR CRIMINAL AND TRAFFIC
CONVICTIONS IN DISTRICT COURTS AND CIRCUIT COURT TO SUPPORT
CRIMINAL JUSTICE TRAINING ACADEMIES
03-779
10/08/03
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 9-133 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Section 9-133. Collection of fee in district courts to
support criminal justice tr&ining &cademies.
(a) The county hereby assesses a fee of $1.00, as court
costs in the district courts, for misdemeanors,
traffic offenses, and criminal actions or
proceedings for violation of any provision of Code
of Virginia, tit. 18.2, ch. 7, art. 1, (§§ 18.2-
247 et seq.), as amended.
(b) Assessment of the 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) a written appearance with wavier of
court hearing and 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 for court hearing in which the court
requires that the defendant successfully complete
traffic school or a driver improvement clinic, in
lieu of a finding 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, 18.2-251 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 Section 9-134 of the Code of the County of
Chesterfield, 1997, as amended, is added to read as follows:
Section 9-134. Collection of fee in circuit court to support
crim/nal justice training academies.
(a)
Pursuant to Code of Virginia §9.1-106, as amended,
the county hereby assesses a fee of $1.00, as court
costs in the circuit court, for those cases as
provided in Code of Virginia §§17.1-275.1, 17.1-
275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-
275.8, and 17.275.9, as amended.
(b)
After collection by the clerk of the circuit 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.
(3) That this ordinance with respect to Section 9-133 shall
become effective immediately upon adoption.
(4) That this ordinance with respect to Section 9-134 shall
become effective on October 1, 2003.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
03-780
10/08/03
16 .E.
TO CONSIDER aN ORDINANCE ~ RELATING TO
PROPERTY USED FOR ~QUACU~TUKE IN Tn~ SPECIAL LAND
USE TAXATION PROGRAM
Mr. Harris stated this date and time has been advertised for
a public hearing to consider an ordinance amendment relating
to property used for aquaculture in the special land use
taxation program.
Mr. Warren called for public comment.
Mr. Gary Morrisett stated he supports the proposed ordinance
amendment.
There being no one else to speak to the ordinance amendment,
the public hearing was closed.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING
SECTION 9-20.1 AND AMENDING AND RE-ENACTING
SECTION 9-21 RELATING TO TAXATION OF
REAL PROPERTY USED FOR AQUACULTURE
BE IT ORDAINED by the Bioard of Supervisors of Chesterfield
County:
(1) That Section 9-20.1 of the Code of the County of
Chesterfield, 1997, as amended, is added and Section 9-21 is
amended and re-enacted to read as follows:
DIVISION 2. LAND USE
o o o
Sec. 9-20.1. Determination of ~ualifications - A~uaculture.
To qualify for taxation under this division, real estate
used for the purposes of engaging in aquaculture as defined
by state law shall consist of a minimum of one (1) acre in
addition to satisfying all other requirements of this
division.
Sec. 9-21. Determination of qualifications--Use of fair
market value.
The use value of fair market value of any qualifying
property shall be placed on the land book before delivery to
the treasurer, and the tax for the next succeeding tax year
shall be extended from the use value.
(2) That this ordinance~ shall become effective on January 1,
2004.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
16 .C.
TO CONSIDER A~-NDING CHAPTER 10 OF THE COUNTY CODE
RELATING TO FIRE PROTECTION
Mr. Micas stated this date and time has been advertised for a
public hearing to consider an ordinance relating to fire
03-781
10/08/03
protection. He further stated the proposed amendments are
required as a result of changes in the state Fire Prevention
Code.
Mr. Warren called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING
AND RE-ENACTING SECTIONS 10-1, 10-3 AND 10-7 RELATING
TO FIRE PREVENTION
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter 10 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 10-1. Fire prevention code adopted.
The county shall enforce the Virginia Statewide Fire
Prevention Code promulgated by the Board of Housing and
Community Development of the Commonwealth pursuant to Code of
Virginia, § 27-98. The provisions of the Virginia Statewide
Fire Prevention Code and chapter 10 of this Code shall be
enforced by the Fire Marshal, or his duly authorized
representative, hereafter referred to as the "fire official",
at the direction of the Chief of the county fire department.
o o o
Sec. 10-3.
deletions.
Fire prevention code --Amendments, additions and
The Virginia Statewide Fire Prevention Code is hereby
amended and changed pursuant to Code of Virginia, §27-97, in
the following respects:
Chapter 1. Administration and Enforcement
106.3 Inspections. Delete and substitute 106.3 as follows:
The fire official is authorized to conduct such inspections
as are deemed necessary to determine the extent of compliance
with the provisions of this code and to approve reports of
inspection by approved agencies or individuals. All reports
of such inspections shall be prepared and submitted in
writing for review and approval. Inspection reports shall be
certified by a responsible officer of such approved agency or
by the responsible individual. The fire official is
authorized to engage such expert opinion as deemed necessary
to report upon unusual, detailed or complex technical issues
subject to the approval of the governing body. The fire
official may require the owner or owner's agent to inspect
the owner's property or equipment in accordance with
guidelines approved by the fire official.
03-782
10/08/03
106.8 Plans Review and Certificate of Occupancy. Add section
106.8 as follows:
The fire official shall assist the building official in the
review of construction plans for compliance with the fire
protection provisions o~f the Virginia Uniform Statewide
Building Code for all structures and/or facilities, except
detached one- and two-family dwellings, prior to the issuance
of a building permit. Furthermore, the fire official shall
assist the building official in performing inspections of new
systems and structures prior to the issuance of the
certificate of occupancy.
106.9 Fire Hydrants. Add section 106.9 as follows:
During the site and/or construction plans review process for
construction or change in use of any building or structure,
the fire official shall! have the authority to require the
installation of fire hydrants as he deems necessary to have
water available for fire! fighting purposes prior to the use
of combustible materials in construction being commenced on
any floor above the first or ground floor level. Such
hydrants shall be accessible to fire fighting apparatus at
the time they are installed and at all times thereafter. The
fire official will determine the need for fire hydrants based
on the use and size of the structure involved and the
availability of water in the area of the property. The number
of fire hydrants, their placement and the desired flow shall
be determined by regulations established from nationally
recognized standards.
106.10 Authority to Take Photographs. Add section 106.10 as
follows:
The fire official or his duly authorized representative is
authorized to make sketches and take photographs to document
conditions he observes that he believes are violations of the
provisions of this code. Subsequent to a fire, explosion, or
other emergency, photographs may be taken as are necessary to
adequately depict the conditions of the property for the
purpose of investigation. No person shall prevent the fire
official from making sketches or taking photographs.
107.20Derational PermitS. Add Table 107.2 as follows:
~TABLE 107.2.
OPERATIONAL PERMIT REQUIREMENTS
DESCRIPTION
Aerosol products. An operational permit is required to
manufacture, store or handle an aggregate quantity of
Level 2 or Level 3 aerosol products in excess of 500
pounds (227 kg) net weight.
Amusement buildings. An operatioRal permit is required to
operate a special amusement building.
Aviation facilities. An operatiohal permit is required to
use a Group H or Group S occupancy for aircraft servicing
or repair and aircraft fuel-servicing vehicles.
Additional permits required by other sections of this
code include, but are not limited to, hot work, hazardous
materials and flammable or combustible finishes.
C&rniv&ls and fairs. An operational permit is required to
conduct a carnival
or fair.
Satter~ syste~. An operational permit is required to
install stationary lead-acid battery systems having a
liquid capacity of more than 50 gallons (189 L).
PERMIT
REQUIRED
(y~s or
no)
NO
No
No
No
No
PERMIT
FEE
03 -783
10/08/03
Cellulose nitrate film. An operational permit is required
to store, handle or use cellulose nitrate film in a Group No
A occupancy.
Ce~-~ustible dust-pro~ucing o~erationm. An operational
permit is required to operate a grain ~levator, flour
starch mill, feed mill, or a plant pulverizing aluminum, No
coal, cocoa, magnesium, spices or sugar, or other
operations producing combustible dusts as defined in
Chapter 2.
C<-.:.astible fibers. An operational permit is required for
the storage and handling of combustible fibers in
quantities greater than 100 cubic feet (2.8 m3). No
E~ceDtion: An operational permit is not required for
agricultural storage.
C~--~jceesed gas. An operational permit is required for the
storage, use or handling at normal temperature and
pressure (NTP) of compressed gases in excess of the
amounts listed below.
Exception: Vehicles equipped for and using
compressed gas as a fuel for propelling the vehicle.
PEI%MIT AMOUNTS FOR C01~PRESSED
TYPE OF ~AS AMOUNT (cubic feet at NTP) No
Corrosive 200
Flammable (except cHogenic flui~ Md liquefi~ ~oleum gases) 200
Highly to~c Any amount
~e~ and simple asphyxiant 8,000
Oxi~ng (including oxygen) 504
Toxic Any amount
For SI: 1 cubic f~t = 0.02832 m2
Cov~re~ mill bu~dings. An operational permit is required
for:
1. The placement of retail fixtures and displays,
concession equipment, displays of highly
combustible goods and similar items in the mall. No
2. The display of liquid- or gas-fired equipment in
the mall.
3. The use of open-flame or flame-producing equipment
in the mall.
Cr~-og~c fluids. An operational permit is required to
produce, store, transport on site, use, handle or
dispense cryogenic fluids in excess of the amounts listed
below.
Exception: Operational permits are not required for No
vehicles equipped for and using cryogenic fluids as a
fuel for propelling the vehicle or for refrigerating
the lading.
Cutt~-= --4 welding. An operational permit is required to
conduct cutting or welding operations within the
jurisdiction.
No
Dry ~le~nin~ plants. An operational permit is required to
engage in the business of dry cleaning or to change to a
more hazardous cleaning solvent used in existing dry
cleaning equipment. No
~h~bite ax~ trade show~. An operational permit is
required to operate exhibits and trade shows. No
~-~;losives, m~a~nAtion and blasting agents:
Storage, approved overnight Yes $65 00
Transportation, each vehicle '
Use, each site or location
Firm or company license
~tr===ly Hazardous Substances (~) No
Fir&works
Retailer and/or Wholesaler No
Public Display Yes $0
Firm hydrants and valves. An operational permit is
required to use or operate fire hydrants or valves
intended for fire suppression purposes which are NO
installed on water systems and accessible to a fire
apparatus access road that is open to or generally used
by the public.
Exception: An operational permit is not required for
authorized employees of the water company that
supplies the system or the fire department to use or
operate fire hydrants or valves.
F~ ...... ~!e ~ c~u~tible liqui4e. An operational permit
lS required: No
1. To use or operate a pipeline for the transportation
within facilities of flammable or combustible
liquids. This requirement shall not apply to the
offsite transportation in pipelines regulated by the
03-784,
10/08/03
i
Department of Transportation (DOTn) (see Section
3501.1.2) nor does it apply to piping systems (see
Section 3503.6).
2. To store, handle or use Class I liquids in excess of 5
gallons (19 L) in a building of in excess of 10
gallons (37.9 L) outside of a building, except that a
permit is not required for the following:
2.1. The storage or use of clads I liquids in the
fuel tank of a motor vehidle, aircraft,
motorboat, mobile power plant or mobile heating
plant, unless such storage, in the opinion of
the fire official, would cause an unsafe
c ondi t ion.
2.2. The storage or use of paints, oils, varnishes or
similar flammable mixture~ when such liquids are
stored for maintenance, painting or similar
purposes for a period of not more than 30 days.
3. To store, handle or use Class II or Class IIIA liquids
in excess of 25 gallons (95 L)in a building or in
excess of 60 gallons (227 L) outside a building,
except for fuel oil used in connection with oil-
burning equipment.
4. To remove Class I or Class II liquids from an
underground storage tank used for fueling motor
vehicles by any means other th~n the approved,
stationary on-site pumps normally used for dispensing
purposes.
5. To operate tank vehicles, equibment, tanks, plants,
terminals, wells, fuel-dispens'ing stations,
refineries, distilleries and Similar facilities where
flammable and combustible liquids are produced,
processed, transported, stored, dispensed or used.
6. To remove, abandon, place temp?rarily out of service
(for more than 90 days) or otherwise dispose of an
underground, protected above-ground or above-ground
flammable or combustible liquid tank.
7. To change the type of contents stored in a flammable
or combustible liquid tank to a material which poses
a greater hazard than that for which the tank was
designed and constructed.
8. To manufacture, process, blend or refine flammable or
combustible liquids.
i .
Floor fin4mhing. An operational permit is required for
floor finishing or surfacing operations exceeding 350 No
square feet (33 ~u) using Class I.I or Class II licf~ids.
Fruit and crop r4pening. An operational permit is
required to operate a fruit-, or icrop-ripening facility No
or conduct a fruit-ripening proceSs using ethylene gas.
Fum~gation and thermal insectici4al fogging. An
operational permit is required t9 operate a business of No
fumigation or thermal insecticidal fogging and to
maintain a room, vault or chamber in which a toxic or
flammable fumigant is used.
Hazardous materials. An operational permit is required to store, transport on site,
dispense, use or handle hazardous materials in excess of the amounts listed below.
No
PERMIT AMOUNTS FOR HAzARDous MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See flammable and combustible
liquids
Corrosive materials
Gases See compressed gases
Liquids 55 gallons
Solids 1000 pounds
Explosive materials See explosives
Flammable materials
Gases See compressed gases
Liquids See flammable and combustible
liquids
Solids 100 pounds
Highly toxic materials
Gases See compressed gases
Liquids Any amount
Solids Any amount
Oxidizing materials
Gases See compressed gases
Liquids
Class 4 Any amount
Class 3 1 gallon
Class 2 10 I~allons
03-785
10/08/03
Class 1 55 gallons
Solids
Class 4 Any amount
Class 3 10 pounds
Class 2 100 pounds
Class I 500 pounds
Organic peroxides
Liquids
Class I Any amount
Class II Any amount
Class III 1 gallon
Class IV 2 gallons
Class V No permit required
Solids
Class I Any amount
Class II Any amount
Class III 10 pounds
Class IV 20 pounds
Class V No permit required
Pyrophoric materials
Gases See compressed gases
Liquids Any amount
Solids Any amount
Toxic materials
Gases See compressed gases
Liquids 10 gallons
Solids 100 pounds
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
No
TYPE OF
Unstable (reactive) materials
Liquids
Class 4 Any amount
Class 3 Any amount
Class 2 5 gallons
Class 1 10 gallons
Solids
Class 4 Any amount
Class 3 Any amount
Class 2 50 pounds
Class 1 100 pounds
Water-reactive materials
Liquids
Class 3 Any amount
Class 2 5 gallons
Class I 55 gallons
Solids
Class 3 Any amount
Class 2 50 pounds
Class 1 500 pounds
For SI: 1 ~allon = 3.785 L, 1 pound = 0.454 ks.
H~ £&c~l~t~em. An operational permit is required to
store, handle or use hazardous production materials. No
H~gh p~led storage. An operational permit is required to
use a building or portion thereof as a high-piled storage No
area exceeding 500 square feet (46
Hot wo~ o~rat~o~s. An operational permit is required No
for hot work including, but not limited to:
1. Public exhibitions and demonstrations where hot
work is conducted.
2. Use of portable hot work equipment inside a
structure.
~eption: Work that is conducted under a
construction permit.
3. Fixed-site hot work equipment such as welding
booths.
4. Hot work conducted within a hazardous fire area.
5. Application of roof coverings with the use of an
open-flame device.
6. When approved, the fire official shall issue a
permit to carry out a Hot Work Program. This program
allows approved personnel to regulate their
facility's hot work operations. The approved
personnel shall be trained in the fire safety aspects
denoted in this chapter and shall be responsible for
issuing permits requiring compliance with the
requirements found in this chapter. These permits
shall be issued only to their employees or hot work
operations under their supervision.
03-786
10/08/03
Industrial ovene. An operational permit is required for
operation of industrial ovens regulated by Chapter 21. No
Lumber yard, and woodworking plants. An operational
permit is required for the storage or processing of No
lum~er exceeding 100,000 board feet (8,333 ft3) (236 m3).
Liquid- or gas-fueled vehicles or equi~nt in assembly
buildings. An operational permit is required to display, No
operate or demonstrate liquid- or gas-fueled vehicles or
equipment in assembly buildings.
LP-gas. An operational permit is required for:
1. Storage and use of LP-gas. No
Exception: An operational permit is not required for
individual containers with a 500-gallon (1893 L)
water capacity or less serving occupancies in Group
R_3.
2. Operation of cargo tankers that transport LP-gas.
Ma~nesium. An operational permit is required to melt,
cast, heat treat or grind more than 10 pounds (4.54 kg) No
of magnesium.
Miscellaneous combustible storage. An operational permit
is required to store in any building or upon any premises No
in excess of 2,500 cubic feet (71 m3) gross volume of
combustible empty packing cases, boxes, barrels or
similar containers, rubber tires, rubber, cork or similar
combustible material.
Open burning. An operational permit is required for the
kindling or maintaining of an open fire or a fire on any Yes $400.00
public street, alley, road, or other public or private
ground. Instructions and stipulations of the permit shall
be adhered to.
Exception: Recreational fires and provided further
that the County Administrator may administratively
suspend the open burning fee for a temporary period
of time after any national, state or local authority
declares a disaster affecting all or a portion of the
County.
Open flames and candles. An operational permit is
required to remove paint with a torch; use a torch or No
open-flame device in a hazardous fire area; or to use
open flames or candles in connection with assembly areas,
dining areas of restaurants or drinking establishments-
Organic coatings. An operational permit is required for
any organic-coating manufacturing operation producing No
more than 1 gallon (4 L) of an organic coating in one
day.
Places of Ass~""~ly/e~ucational- An operational permit is
required to operate a place of assembly/educational No
occupancy.
~rivate fire hydrants. An operational permit is required
for the removal from service, use or operation of private No
fire hydrants.
Exception: An operational permit is not required for
private industry with trainedmaintenance personnel,
private fire brigade or fire departments to maintain,
test and use private hydrants~
Pyrotechnic special effects material. An operational
permit is required for use and handling of pyrotechnic No
special effects material.
Pyroxylin plastics. An operational permit is required for
storage or handling of more than 25 pounds (11 kg) of No
cellulose nitrate (pyroxylin) plastics and for the
assembly or manufacture of articles involving pyroxylin
plastics.
Refrigeration equipment. An operational permit is
required to operate a mechanical refrigeration unit or No
system regulated by Chapter 6.
Repair garages and service stations. An operational
permit is required for operation of repair garages and No
automotive, marine and fleet service stations.
Rooftop heliports. An operational permit is required for
the operation of a rooftop heliport. No
~raying or dipping. An operational permit is required to
conduct a spraying or dipping operation utilizing No
flammable or combustible liquids or the application of
cnmbustible powders regulated by Chapter 15.
Storage of scrap tires and tire byproducts. An
operational permit is required to establish, conduct or No
maintain storage of scrap tires and tire byproducts that
exceeds 2,500 cubic feet (71m3) of total volume of scrap
tires and for indoor storage of tires and tire
byproducts.
03 -787
10/08/03
TABLE 107.2.
OPERATIONAL PERMIT REQUIREMENTS
DESCRIPTION
Temporary membrane structures, tents and canopies. An
operational permit is required to operate an air-
supported temporary membrane structure or a tent.
Exceptions:
1. Tents used exclusively for recreational camping
purposes.
2. Tents and air-supported structures that cover an
area of 900 square feet (84 m2) or less, including
all connecting areas or spaces with a common means of
egress or entrance and with an occupant load of 50 or
less persons.
3. Fabric canopies and awnings open on all sides
which comply with all of the following:
3.1. Individual canopies shall have a maximum size of
700 square feet (65 m2).
3.2. The aggregate area of multiple canopies placed
side by side without a firebreak clearance of 12 feet
(3658 nun) shall not exceed 700 square feet (65m2)
total.
3.3. A minimum clearance of 12 feet (3658 mm) to
structures and other tents shall be provided.
No
(yes or
no )
Tire-rebuilding plants. An operational permit is required
for the operation and maintenance of a tire-rebuilding No
plant.
Waste handling. An operational permit is required for the
operation of wrecking yards, junk yards and waste NO
material-handling facilities.
Woo~ products. An operational permit is required to store
chips, hogged material, lumber or plywood in excess of No
200 cubic feet (6 n~).
PERMIT
FEE
111.3 Failure to Correct Violations. Delete and substitute
111.3 as follows:
If the notice of violation is not complied with within the
time specified by the fire official, the fire official may
issue a summons for the violation of the code. The fire
official may also request the county attorney to institute
the appropriate legal proceedings to restrain, correct or
abate such violation or to require removal or termination of
the unlawful use of the building or structure in violation of
the provisions of this code or of any order or direction made
pursuant to the code.
111.4 Penalties. Delete and substitute section 10-6 of the
Chesterfield County Code.
Chapter 2. Definitions
202.0. General Definitions. Add the following definition:
The term "occupant" means any person physically located or
situated in or on any property, structure or vehicle
irrespective of the length of time or the reason for such
occupancy.
Chapter 3. General Precautions Against Fire
307.1 Title and Purpose. Delete and substitute section 307.1
as follows:
This article shall be known as the Chesterfield County
Ordinance for the Regulation of Open Burning. The purpose of
this article is to protect public health, safety, and welfare
by regulating open burning within Chesterfield County to
achieve and maintain, to the greatest extent practicable, a
level of air quality that will provide comfort and
convenience while promoting economic and social development.
03-788
10/08/03
This article is intended to supplement the applicable
regulations promulgated by the State Air Pollution Control
Board and other applicable regulations and laws.
307.2 Def~nitlons. Delete and substitute section 307.2 as
follows:
For the purpose of this article and subsequent
amendments or any orders issued by Chesterfield County, the
words or phrases shall have the meaning given them in this
section.
"Automobile graveyard" means any lot or place which is
exposed to the weather and upon which more than five
motor vehicles of any kind, incapable of being operated,
and which it would not be economically practical to make
operative, are placed, located or found.
Bo
"Bonfire" means an outdoor fire utilized for ceremonial
purposes.
Co
"Clean burning waste" means waste which does not produce
dense smoke when burned and is not prohibited to be
burned under this ordinance.
"Construction waste' means solid waste which is produced
or generated during construction of structures.
Construction waste consists of lumber, wire, sheetrock,
broken brick, shingles, glass, pipes, concrete, and
metal and plastics if the metal or plastics are a part
of the materials of construction or empty containers for
such materials. Paints, coatings, solvents, asbestos,
any liquid, compressed gases or semi-liquids, and
garbage are not construction wastes and the disposal of
such materials must be in accordance with the
regulations of the Virginia Waste Management Board.
Eo
"Debris waste" means stumps, wood, brush, and leaves
from property maintenance and/or land clearing
operations.
"Demolition waste" means that solid waste which is
produced by the destruction of structures and their
foundations and includes the same materials as
construction waste.
"Garbage" means rotting animal and vegetable matter
accumulated by a household in the course of ordinary day
to day living.
"Hazardous waste" means refuse or combinations of refuse
which, because of its quantity, concentration or
physical, chemical Or infectious characteristics may:
Cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or
incapacitating illness; or
Pose a substantial present or potential hazard to
human health or the environment when improperly
treated, stored, transported, disposed, or
otherwise managed.
03-789
10/08/03
No
Ro
"Household refuse" means waste material and trash
normally accumulated by a household in the course of
ordinary day to day living.
"Industrial waste" means all waste generated on the
premises of manufacturing and industrial operations such
as, but not limited to, those carried on in factories,
processing plants, refineries, slaughterhouses, and
steel mills.
"Junkyard" means an establishment or place of business
which is maintained, operated, or used for storing,
keeping, buying, or selling junk, or for the maintenance
or operation of an automobile graveyard, and the term
shall include garbage dumps and sanitary landfills.
"Landfill" means a sanitary landfill, an industrial
waste landfill, or a construction/demolition/debris
landfill. See solid waste management regulations for
further definitions of these terms.
"Local landfill" means any landfill located within the
jurisdiction of a local government.
"Occupied building" means any structure occupied or
intended for supporting or sheltering any occupancy.
"Open burning" means the burning of any matter in such a
manner that the products resulting from combustion are
emitted directly into the atmosphere without passing
through a stack, duct or chimney.
"Open pit incinerator" means a device used to burn waste
for the primary purpose of reducing the volume by
removing combustible matter. Such devices function by
directing a curtain of air at an angle across the top of
a trench or similarly enclosed space, thus reducing the
amount of combustion by-products emitted into the
atmosphere. The term also includes trench burners, air
curtain destructors and overdraft incinerators.
"Refuse" means trash, rubbish, garbage and other forms
of solid or liquid waste, including, but not limited to,
wastes resulting from residential, agricultural,
commercial, industrial, institutional, trade,
construction, land clearing, forest management and
emergency operations.
"Salvage operation" means any operation consisting of a
business, trade or industry participating in salvaging
or reclaiming any product or material, such as, but not
limited to, reprocessing of used motor oils, metals,
chemicals, shipping containers or drums, and
specifically including automobile graveyards and
junkyards.
"Sanitary landfill" means an engineered land burial
facility for the disposal of household waste which is so
located, designed, constructed, and operated to contain
and isolate the waste so that it does not pose a
substantial present or potential hazard to human health
or the environment. A sanitary landfill also may receive
other types of solid wastes, such as commercial solid
03-790
~0/08/03
waste, nonhazardous sludge, hazardous waste from
conditionally exempt small quantity generators, and
nonhazardous industrial solid waste. See solid waste
management regulations for further definitions of these
terms.
"Smoke" means small gas-borne particulate matter
consisting mostly, but not exclusively, of carbon, ash
and other material in concentrations sufficient to form
a visible plume.
"Special incineration device" means a pit incinerator,
conical or tepee burner, or any other device
specifically designed to provide good combustion
performance.
307.30Den Burning Re~ul&tions. Delete and substitute Section
307.3 as follows:
No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of refuse except as provided in this ordinance.
Bo
No owner or other person shall cause or permit open
burning or the use iof a special incineration device for
disposal of household refuse or garbage.
Co
No owner or other ~ person shall cause or permit open
burning or the use of a special incineration device for
disposal of rubber tires, asphaltic materials, crankcase
oil, impregnated wood or other rubber or petroleum based
materials except when conducting bona fide fire fighting
instruction at fire fighting training schools having
permanent facilities.
Do
No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of hazardous waste or containers for such
materials.
No owner or other person shall cause or permit open
burning or the use iof a special incineration device for
the purpose of a salvage operation or for the disposal
of commercial/industrial waste.
Fo
Open burning or the use of special incineration devices
permitted under the provisions of this ordinance does
not exempt or excus!e any owner or other person from the
consequences, liability, damages or injuries which may
result from such conduct; nor does it excuse or exempt
any owner or other person from complying with other
applicable laws, ordinances, regulations and orders of
the governmental entities having jurisdiction, even
though the open burning is conducted in compliance with
this ordinance. In this regard special attention should
be directed to Code of Virginia, §10.1-1142, of the
Forest Fire Law of Virginia, the regulations of the
Virginia Waste Management Board, and the State Air
Pollution Control Board's Regulations for the Control
and Abatement of Air Pollution.
Go
Upon declaration of an alert, warning or emergency stage
of an air pollution episode as described in part VII of
03-791
10/08/03
the Regulations for the Control and Abatement of Air
Pollution or when deemed advisable by the state air
pollution control board to prevent a hazard to, or an
unreasonable burden upon, public health or welfare, no
owner or other person shall cause or permit open burning
or use of a special incineration device, and any in
process burning or use of special incineration devices
shall be immediately terminated in the designated air
quality control region.
307.3.1 ~e~tions. Add subsection 307.3.1 as follows:
The following activities are exempted from the above
prohibitions to the extent covered by the State Air Pollution
Control Board's Regulations for the Control and Abatement of
Air Pollution:
Open burning for training and instruction of government
and public fire fighters under the supervision of the
desiqnated official and industrial in-house fire
fighting personnel;
Open burning for camp fires or other fires that are used
solely for recreational purposes, for ceremonial
occasions, for outdoor noncommercial preparation of
food, and for warming of outdoor workers;
Open burning for the destruction of any combustible
liquid or gaseous material by burning in a flare or
flare stack;
Open burning for forest management and agriculture
practices approved by the state air pollution control
board; and
Open burning for the destruction of classified military
documents.
307.3.2 Permissible open b~rning. Add subsection 307.3.2 as
follows:
Open burning is permitted for the disposal of tree
trimmings and garden trimmings located on the premises
of private property, provided that the following
conditions are met:
A written permit, valid for thirty (30) days, must
be obtained from the Chesterfield Fire & EMS, Fire
and Life Safety Division. Application for permit
shall include: completed information form, the
name, address and telephone number of the occupant
and, if different, owner of the property on which
the burn is conducted and of any other entity
conducting or responsible for the burn.
Application shall be submitted to the Fire and Life
Safety Division at least 15 days before the desired
burn; and
A copy of the burn permit shall be maintained at
the site of the burn, shall be available for review
at all times during the burn, shall be displayed so
as to be visible from a public roadway and shall be
03-792
10/08/03
o
maintained in a manner that protects
deterioration by weather; and
it from
The burning shall take place on the premises of the
private property from which the trimmings were
taken; and all reasonable effort shall be made to
minimize the amount of material burned, with the
number and size of the piles approved by
Chesterfield County Fire & EMS, Fire and Life
Safety Division; and
The location of the burning shall be a minimum of
300 feet from any occupied building unless the
occupants have given prior written permission,
other than buildings located on the property on
which the burning is conducted. If the Chesterfield
County Fire & EMS, Fire and Life Safety Division
determines that it is necessary to protect public
health and welfare, it may direct that the above
cited distances be increased; and
Ail fires must be at least 50
structure; and
feet from any
Permitted fires shall be constantly attended by a
competent person until they are extinguished. The
attendee shall have fire extinguishing equipment
readily available for use as deemed necessary by
the code official; and
o
No regularly scheduled public or private collection
service for such trimmings is available at the
adjacent street or public road, and
o
Permits for burning tree trimmings and/or garden
trimmings shall be limited to two per site per
year.
Open burning is permitted for disposal of debris waste
resulting from property maintenance, from the
development or modification of roads and highways,
parking areas, railroad tracks, pipelines, power and
communication lines, buildings or building areas,
sanitary landfills,~ or from any other designated local
clearing operations which may be approved by
Chesterfield Fire & EMS, Fire and Life Safety Division,
provided the following conditions are met:
A written permit, valid for ninety (90) days, must
be obtained fr~om the Chesterfield Fire & EMS, Fire
and Life Safety Division. Application for permit
shall include: Fee for permit, completed
information form, site plan drawing of burn site,
proof of liability insurance for party performing
burn, and the name, address and telephone number of
the owner and, if different, developer of the
property on which the burn is conducted and of any
other entity conducting or responsible for the
burn. Application shall be submitted to the Fire
and Life Safety Division at least 15 days before
the desired burn.
03-793
10/08/03
Co
o
A copy of the burn permit shall be maintained at
the site of the burn, shall be available for review
at all times during the burn, shall be displayed so
as to be visible from a public roadway and shall be
maintained in a manner that protects it from
deterioration by weather; and
o
The burning shall take place on the site from which
the debris waste was generated. All reasonable
effort shall be made to minimize the amount of
material burned, with the number and size of the
debris piles approved by Chesterfield County Fire &
EMS, Fire and Life Safety Division;
The material to be burned shall consist of brush,
stumps and similar debris waste and shall not
include demolition material;
o
The location of the burning shall be a minimum of
500 feet from any occupied building unless the
occupants have given prior written permission,
other than buildings located on the property on
which the burning is conducted. If the Chesterfield
County Fire & EMS, Fire and Life Safety Division
determines that it is necessary to protect public
health and welfare, it may direct that the above
cited distances be increased; and
The burning shall be conducted at the greatest
distance practicable from highways and airfields;
Permitted fires shall be constantly attended by a
competent person until they are extinguished and
conducted to ensure the best possible combustion
with a minimum of smoke being produced. The
attendee shall have fire extinguishing equipment
readily available for use as deemed necessary by
the code official;
The burning shall not be allowed to smolder beyond
the minimum period of time necessary for the
destruction of the materials; and
The burning shall be conducted only when the
prevailing winds are away from any city, town or
built-up area.
10.
The permit holder must maintain liability insurance
in the minimum amount of $1,000,000 general
liability coverage at all times while burning is
taking place. At the time of permit application, a
certificate of insurance coverage shall be
submitted to the fire marshal; and
Open burning is permitted for disposal of debris on the
site of local landfills provided that the burning does
not take place on land that has been filled and covered
so as to present an underground fire hazard due to the
presence of methane gas, provided that the following
conditions are met:
A written permit, valid for ninety (90) days, must
be obtained from the Chesterfield Fire & ~S, Fire
03-79~
10/08/03
o
o
and Life Safety Division· Application for permit
shall include: fee for permit, completed
information foam, site plan drawing of burn site,
proof of liability insurance for party performing
burn;
The burning shall take place on the premises of a
local sanitary landfill which meets the provisions
of the regulations of the Virginia Waste Management
Board;
Permitted fires shall be constantly attended by a
competent person until they are extinguished and
conducted to ensure the best possible combustion
with a minimum of smoke being produced. The
attendee shall have fire extinguishing equipment
readily available for use as deemed necessary by
the code official;
The material to be burned shall consist only of
brush, tree trimmings, yard and garden trimmings,
clean burningl debris waste, or clean burning
demolition waste;
Ail reasonable effort shall be made to minimize the
amount of material that is burned; with the number
and size ofi the debris piles approved by
Chesterfield County Fire & EMS, Fire and Life
Safety Division;
The location olf the burning shall be a minimum of
five hundred (500) feet from any occupied building
unless the occupants have given prior written
permission, o~her than buildings located on the
property on which the burning is conducted. If the
Chesterfield County Fire & EMS, Fire and Life
Safety Division determines that it is necessary to
protect public health and welfare, it may direct
that the above cited distances be increased;
No materials may be burned in violation of the
regulations of the Virginia Waste Management Board
or the State Air Pollution Control Board. The exact
site of the burning on a local landfill shall be
established in coordination with the regional
director and Chesterfield County Fire & EMS, Fire
and Life Safety Division; no other site shall be
used without the approval of these officials.
Chesterfield County Fire & EMS, Fire and Life
Safety DivisiOn shall be notified of the days
during which the burning will occur.
The permit holder must maintain liability insurance
in the minimum amount of $1,000,000 general
liability coverage at all times while burning is
taking place. At the time of permit application, a
certificate of insurance coverage shall be
submitted to the fire marshal.
Sections A through C above notwithstanding, no owner or
other person shall cause or permit open burning or the
use of a special incineration device during the months
of June, July, or August.
03-795
10/08/03
307.3.3 Permits. Add subsection 307.3.3 as follows:
When open burning of debris waste or open burning of
debris on the site of a local landfill is to occur
within Chesterfield County, the person responsible for
the burning shall obtain a permit from Chesterfield
County Fire & EMS, Fire and Life Safety Division prior
to the burning. Such a permit may be granted only after
confirmation by Chesterfield County Fire & EMS, Fire and
Life Safety Division that the burning can and will
comply with the provisions of this ordinance and any
other conditions which are deemed necessary to ensure
that the burning will not endanger the public health and
welfare or to ensure compliance with any applicable
provisions of the State Air Pollution Control Board's
Regulations for the Control and Abatement of Air
Pollution. The permit may be issued for each occasion of
burning or for a specific period of time deemed
appropriate by Chesterfield County Fire & EMS, Fire and
Life Safety Division.
Prior to the initial installation (or reinstallation, in
cases of relocation) and operation of special
incineration devices, the person responsible for the
burning shall obtain a permit from Chesterfield County
Fire & EMS, Fire and Life Safety Division, such permits
to be granted only after confirmation by Chesterfield
County Fire & EMS, Fire and Life Safety Division that
the burning can and will comply with applicable
provisions in Regulations for the Control and Abatement
of Air Pollution and that any conditions are met which
are deemed necessary by Chesterfield County Fire & EMS,
Fire and Life Safety Division to ensure that the
operation of the devices will not endanger the public
health and welfare. Permits granted for the use of
special incineration devices shall at a minimum contain
the following conditions:
Ail reasonable effort shall be made to minimize the
amount of material that is burned. Such efforts
shall include, but are not limited to, the removal
of pulpwood, sawlogs and firewood.
The material to be burned shall consist of brush,
stumps and similar debris waste and shall not
include demolition material.
The location of the burning shall be a minimum of
500 feet from any occupied building unless the
occupants have given prior permission, other than
buildings located on the property on which the
burning is conducted; burning shall be conducted at
the greatest distance practicable from highways and
air fields. If the Chesterfield County Fire & EMS,
Fire and Life Safety Division determines that it is
necessary to protect public health and welfare, he
may direct that the above cited distances be
increased.
The burning shall be attended at all times and
conducted to ensure the best possible combustion
with a minimum of smoke being produced. Under no
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circumstances should the burning be allowed to
smolder beyond the minimum period of time necessary
for the destruction of the materials.
The burning Shall be conducted only when the
prevailing winds are away from any city, town or
built-up area.
The use of special incineration devices shall be
allowed only for the disposal of debris waste,
clean burning Construction waste, and clean burning
demolition waste.
Permits issued under this subsection shall be
limited to a specific period of time deemed
appropriate byiChesterfield County Fire & EMS, Fire
and Life Safety Division.
307.3.4 Attendance at ODen Fires. Add subsection 307.3.4 as
follows:
Permitted fires shall be constantly attended by a competent
person until they are extinguished. The attendee shall have
fire extinguishing equipment readily available for use as
deemed necessary by the Code official.
307.3.5 Endangering Other Property. Add subsection 307.3.5
as follows:
No person shall kindle or authorize to be kindled or maintain
any permitted fire in such a manner that it will endanger the
property of another.
307.3.6 Revocation of Permits. Add subsection 307.3.6
If any permit holder violates any provision of this ordinance
or if any permit holder makes a material misrepresentation on
a permit application, ~The Fire Marshal may require the
extinguishments of the ifire and the burn permit shall be
subject to revocation;
307.4 Fees. Delete and substitute section 307.4 as follows:
There shall be no fees for the permit required by
Section 307.3.2(A)
Fees for permits required by section 307.3.2(B) and
(C) and shall be
..... $400.00
307.5.
307.5.
Add the folloWing sentences to the end of section
The owner or manager of any occupancy in Use Group R shall
notify their tenants in writing of this code requirement at
the time the tenants initially occupy the apartment and
annually thereafter. A copy of this written notification
shall be available for review by the code official.
307.5. Delete exception 2.
307.6 Storage, Park or Repair.
follows:
Add subsection 307.6 as
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No person shall store, park or repair any vehicle, tool or
equipment that has a fuel tank that contains a fla~able or
combustible liquid or liquefied petroleum gas as a source of
fuel within or on any occupancy in Use Group R, or part
thereof, unless such building or structure is built for the
purpose of such storage, parking or repairing in accordance
with all requirements of the Uniform Statewide Building Code
and this code. The owner or manager of any occupancy in Use
Group R shall notify their tenants in writing of this code
requirement at the time the tenants initially occupy the
apartment and annually thereafter. A copy of this written
notification shall be available for review by the code
official. This section shall not apply to detached one- and
two-family dwellings unless such storage, parking or
repairing is conducted as a business. Such businesses must
then comply with all applicable provisions of the Uniform
Statewide Building Code and the Chesterfield County Code.
307.7 Sweating Joints, Add section 307.7 as follows:
Any person using a torch or other flame-producing device
for sweating pipe joints in any building or structure shall
have available in the immediate vicinity, one approved fire
extinguisher or water hose connected to a water supply.
Combustible material in the close proximity of the work shall
be protected against ignition by shielding, wetting, or other
approved means. In all cases, the person performing the work
shall remain in the vicinity of the sweating operation for
one-half hour after the torch or flame-producing device has
been used.
315.4 Materials Storage Regulation. Add subsection 315.4 as
follows:
No person shall store any combustible packing cases, boxes,
barrels or similar containers or rubber tires, baled cotton,
rubber, cork or other similarly combustible materials of a
gross volume of greater than 2,500 cubic feet (70 m3) in any
structure or on any premises, except under conditions
approved by the code official.
315.6 Stor&ge or Display in Roofed-Over Malls. Add subsection
315.6 as follows:
Combustible goods, merchandise, decorations or vehicles may
be displayed or placed in the common areas of a roofed-over
mall only if such display or placement is in compliance with
regulations established by the code official. It shall be the
responsibility of the owner, manager or his designated
representative to notify the code official prior to such
usage of the roofed-over mall.
Chapter 5. Fire Service Features
502.0. Gener&l Definitions.
following definition:
Delete and substitute the
Fire Lane. An area designated by clearly visible signs
and/or markings in which parking shall be prohibited, whether
on public or private property, to ensure ready access for and
to fire fighting equipment and facilities.
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503.1 Where Required. Delete and substitute 503.1 as follows:
The code official may designate fire lanes on public streets
and on private property devoted to public use for the purpose
of permitting proper access to fire hydrants or for fire
fighting equipment. Fire iapparatus access roads shall be
provided and maintained in accordance with Sections 503.1
through 503.1.3
503.7 Illegal Use. Add subsection 503.7 as follows:
No person shall park or leave an unattended vehicle
in or otherwise obstruct with a vehicle any
designated or marked fire lane.
No person sha~l place or locate any equipment,
materials, or ~ any other object in or otherwise
obstruct any designated or marked fire lane.
The penalty for violation of section 503.7(1) shall
be the same as outlined for other parking
violations in the Chesterfield County Code. The
penalty for violation of section 503.7(2) shall be
the same as ifor all other violations of this
chapter.
Chapter 9 Fire Protection Systems
901.5.2 Altering or ~han~ing Supervisory Services. Add
subsection 901.5.2 as follows:
The code official shall be notified prior to any alterations
to the supervisory service equipment or if the agent
providing supervisory service changes for any required fire
protection system. Functional testing shall be conducted
prior to the system being returned to service. The level of
testing will be determined by the code official· Ail testing
shall be conducted in the presence of the code official and
appropriate documentation shall be provided to the code
official to verify that the system is being supervised as
designed and in accordance with the building code in effect
at the time of installation.
901.6.1.2 Limited Area Sprinkler Systems.
901·6.1.2 as follows:
Add subsection
Ail limited area sprinkler systems shall be
annually and maintained according to NFPA 25
accordance with the following standards:
inspected
and in
The sprinkler control valve shall be permanently
marked with a sign stating "Sprinkler Control
Valve." Markings made with embossed plastic tape,
pencil, ink, crayon, or similar materials shall not
be considered permanent. The sign shall be secured
with noncorrosive wire, chain, or other means.
Markings shall be provided in a conspicuous place
at the sprinkler control valve and shall state:
"Notify the Fire Department (748-6240) before
closing valve."
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Valves connecting the limited area sprinkler system
to the domestic water supply shall be locked open
in an approved manner.
901.6.3 Reporting Results of Periodic Tests. Add subsection
901.6.3 as follows:
The individual or company performing any test or inspection
required under this article shall provide the code official
with a complete written record of the test or inspection
within 15 days after it is conducted. Such written record
shall note plainly which standard, as referenced by this
code, was used for the test or inspection.
904.11.6.1 Ventilation System.
subsection 904.11.6.1 as follows:
Delete and substitute
The ventilation system in connection with hoods shall be
operated at the required rate of air movement, and classified
grease filters shall be in place when equipment under a
kitchen grease hood is used. Cooking appliances, which
require a commercial kitchen exhaust hood system, shall not
be operated while the fire suppression system or kitchen
exhaust system is non-operational or otherwise impaired.
904.11.6.6 Manual Operations. Add subsection 904.11.6.6 as
follows:
Instructions for manually operating the fire suppression
system for the commercial kitchen exhaust system shall be
posted conspicuously in the kitchen and shall be reviewed
periodically with employees by the management.
907.20.1.2 Al&tm Activations.
follows:
Add subsection
F-501.7 as
The owner and/or the occupant of any structure served by a
fire protection system which has activated on two or more
occasions when no fire, unsafe condition or other hazard has
occurred, shall repair the system or correct conditions which
are causing the system to activate.
Chapter 10. Means of Egress
1003.1.1 Overcrowding. A person shall not permit overcrowding
or admittance of any person beyond the approved occupant
load. The fire official, upon finding overcrowded conditions
or obstruction in aisles, passageways or other means of
egress, or upon finding any condition which constitutes a
hazard to life and safety, shall cause the occupancy,
performance, presentation, spectacle or entertainment to be
stopped until such condition or obstruction is corrected and
the addition of any further occupants shall be prohibited
until the approved occupant load is reestablished.
1011.5. Marking Means of Egress. Add subsection 1011.5 as
follows:
The code official may require the means of egress through
storage areas to be marked, and the owner or his agent shall
be responsible for marking and maintaining such aisles as
required.
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Chapter 27. Hazardous Materials - General Provisions
2702.1 Definitions. Delete and substitute the following
definition:
Hazardous Materials. ThoSe chemicals or substances which are
physical hazards or health hazards as defined and classified
in Chapter 28, whether the materials are in usable or waste
condition, including flammable and combustible liquids.
Chapter 33. Explosives and Fireworks
3302.1 Delete the following definition from 3302.1:
Permissible Fireworks
3302.1 Add the folloWing exception to definition of
Fireworks.
Exception.
The term fireworks shall !not include automobile flares, paper
caps containing not more ithan an average of.25 grains (16 mg)
of explosive content per cap, or any toy pistols, toy canes,
toy guns, and other devices using such caps.
3308.1 Gener&l. Add the following text to 3308.1:
A permit shall be required for
fireworks.
the
public display of
3308.2 Permit ADplic&tio~. Add the following text to 3308.2:
Application for permits Shall be made in writing at least 60
days in advance of the date of the display or discharge of
fireworks. The sale, possession, discharge and distribution
of fireworks for display ishall be lawful only under the terms
and conditions, and for the purpose set forth in the permit.
A permit shall not be !transferable, and shall not extend
beyond the dates set forth in the permit.
3308.11.1 Viol&tions. Add subsection 3308.11.1 as follows:
No person shall store, possess, offer for sale, expose for
sale, sell at retail or use or explode any fireworks, except
as provided in the rules and regulations issued by the code
official for the granting of permits for supervised public
displays of fireworks.
Chapter 34. Flammable and Combustible Liquids
3404.1.1 Prohibited StOr&ge. Add subsection 3404.1.1
follows:
as
The storage of flammable and combustible liquid shall be
prohibited in occupancies of Use Group A, R-i, R-2, and in
rental storage facilities.
3406.5.1.6 Fire Protection. Delete and substitute 3406.5.1.6
as follows:
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Whenever tank vehicles are automatically loaded with
flammable liquids at bulk storage terminals without an
employee in attendance, the loading rack area shall be
protected by a completely automatic fire suppression system
approved by the code official. The system shall be designed
to provide fire protection to both the loading rack and tank
vehicles and shall be supervised by an accredited central
station facility.
Chapter 38. Liquified Petroleum Gases
3801.5. Emergency Services. Add subsection 3801.5 as follows:
Anyone who supplies liquefied petroleum gas service shall
have a qualified maintenance person available at all times to
assist fire department personnel with emergency incidents
involving the service.
3801.6. Portable Containers. Add Subsection 3801.6
follows:
as
Installation and operation of liquified petroleum containers
offered for sale or exchange shall comply with regulations
established by the code official.
APPENDICES
The following appendices of the International Fire Code, 2000
edition shall be an enforceable part of this code:
Appendix B - Fire-flow Requirements for Buildings
Appendix C - Fire Hydrant Locations and Distribution
Appendix D - Fire Apparatus Access Roads
Exception: Section D106 and Section D107 shall not be
included in this code.
Sec. 10-7.
marshals.
o o o
Authority of fire marshal and assistant fire
The county fire marshal and his assistants, who shall be
appointed by the county administrator pursuant to Code of
Virginia, §27-36, shall have the authority to arrest, to
procure and serve warrants and to issue summonses in the
manner authorized by general law for violations of this
chapter and of all fire safety, fire prevention and related
ordinances, as permitted by Code of Virginia, § 27-34.2.
The county fire marshal and those assistants appointed
pursuant to the Code of Virginia, §27-36 who have met the
training requirements outlined in the Code of Virginia, §27-
34.2:1 shall have the same police powers as a police officer
or law-enforcement officer. The investigation and
prosecution of all offenses involving hazardous materials,
fires, fire bombings, bombings, attempts or threats to commit
such offenses, false alarms relating to such offenses,
possession and manufacture of explosive devices, substances
and fire bombs shall be the responsibility of the fire
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marshal and the county ipolice department, as permitted by
Code of Virginia, §27-34.12:1.
o o o
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
16 .D.
TO CONSIDER AN ORDINANCE AME~ RELATING TO EROSION
AND SEDIMENT CONTROL
Ms. Joan Salvati, Water Quality Administrator, stated this
date and time has been advertised for a public hearing to
consider an ordinance iamendment relating to erosion and
sediment control. She further stated, because of the
hurricane, staff was unable to meet with the affected parties
and is therefore recommending deferral of the public hearing
until November 12, 2003.
Mr. Warren called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. Barber; seconded by Mr. McHale, the Board
deferred the public hearing to consider an ordinance
amendment relating to erosion and sediment control until
November 12, 2003.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
17. ADJOURNMENT
On motion of Mr. McHale, seconded by Mr. Miller, the Board
adjourned at 8:08 p.m. until October 22, 2003 at 4:00 p.m.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Lane B. Ramsey ~
County Administrator
Arthur S. Warren
Chairman
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