01-14-2004 MinutesBOARD OF SUPERVISORS
MINUTES
January 14, 2004
Supervisors in Attendances
Mr. Kelly E. Miller, Chairman
Mr. Edward B. Barber, Vice Chrm.
Mrs. Renny B. Humphrey
Mr. R. M. "Dickie" King, Jr.
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendances
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Ms Marilyn Cole, Asst.
County Administrator
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr Bruce Dove, Asst.
Dir., Parks
Mr James Dunn, Dir.,
Economic Development
Mr William Dupler,
Building Official
Ms Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Lawrence C. Haake, III
Registrar
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
Ms Barbara Mayfield, Dir.,
Emergency Comm. Ctr.
Mr R. John McCracken,
Dir., Transportation
Lt Col. Dennis McDonald,
Police Department
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Mr Francis Pitaro, Dir.,
General Services
Ms Karen F. Russell,
Risk Manager
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Mr. James J. L. Stegmaier,
]Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
]Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
]Block Grant Office
Sheriff Clarence Williams,
Sheriff's Department
Mr. Ramsey called the regularly scheduled meeting to order at
4:07 p.m. He congratulated the returning Board members on
their re-election and also congratulated Mr. King and
welcomed him to the Board of Supervisors.
1. ORGANIZATIONAL MEETING
1.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Mr. Ramsey stated that the first order of business would be
the election of Chairman and Vice Chairman for 2004.
Mr. Barber nominated Mr. Miller to serve as Chairman for
2004.
Mr. Warren made a motion, seconded by Mr. Barber, for the
Board to close the nominations.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
The vote on election of Mr. Miller as Chairman of the Board
of Supervisors for 2004 was as follows:
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller was elected as Chairman.
Mr. Ramsey congratulated Mr. Miller on being elected as
Chairman for 2004.
Mr. King then nominated Mr. Barber 'to serve as Vice Chairman
for 2004.
Mr. Warren made a motion, secondedl by Mr. Miller, for the
Board to close the nominations.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
There being no additional nominations, nominations for
election of Vice Chairman of the Board of Supervisors were
closed by the Chairman.
The vote on election of Mr. Barber to serve as Vice Chairman
of the Board of Supervisors for 2004 was as follows:
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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Mr. Barber was elected as Vice Chairman.
1.B. CONSIDERATION OF BOARD APPOINTMENTS
o PLANNING COMMISSION
On motion of Mr. Warren, seconded by Mr. Barber, the Board
appointed/reappointed the following members to serve on the
Planning Commission, whose terms are effective January 1,
2004 and expire December 31, 2007:
Name District
Mr. Jack Wilson
Mr. Sherman Litton
Mr. Russell J. Gulley
Mr. Wayne Bass
Mr. Daniel A. Gecker
Bermuda
Dale
Clover Hill
Matoaca
Midlothian
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O COMMITTEE ON THE FUTURE
On motion of Mr. Warren, seconded by Mr. Barber, the Board
appointed/reappointed the following members to serve on the
Committee on the Future, whose terms are at the pleasure of
the Board:
Name District
Dr Walter Beam
Mr Victor W. Liu
Ms Tracy Williamson
Ms Nancy S. Hudson
Mr Edward DeGennaro
Dr Grace Norbrey
Mrs. Diane Horner
Mr. Reuben J. Waller, Jr.
Ms. Bet Ludden
Bermuda
Clover Hill
Clover Hill
Dale
Dale
Matoaca
Matoaca
Midlothian
Midlothian
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O RICHMOND REGIONAL PLANNING DISTRICT COMMISSION
On motion of Mr. Warren, seconded by Mr. Barber, the Board
appointed/reappointed Mr. R. M. ~Dickie" King, Jr., Mr.
Arthur S. Warren, Mr. Edward B. Barber, Mr. Kelly E. Miller,
Mrs. Renny Bush Humphrey, Mr. George Roarty (citizen
representative), and Mr. M. D. Stith, Jr. (alternate) to
serve on the Richmond Regional Planning District Commission,
whose terms are effective January 1, 2004 and expire December
31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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o RICHMOND AREA METROPOLITAN TRANSPORTATION PLANNING
ORGANIZATION
On motion of Mr. Warren, seconded by Mr. Barber, the Board
reappointed Mr. R. John McCracken to serve on the Richmond
Area Metropolitan Transportation Planning Organization, whose
term is at the pleasure of the Board.
And, further, the Board simultaneously nominated/appointed/
reappointed Mr. R. M. ~Dickie" King, Jr., Mr. Shermon W.
Litton and Mr. Edward B. Barber to serve on the Richmond
Metropolitan Transportation Planning Organization, whose
terms are effective January 1, 2004 and expire December 31,
2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O CRATER PLANNING DISTRICT COMMISSION
On motion of Mr. Warren, seconded iby Mr. Barber, the Board
appointed/reappointed Mr. R. M. "Dickie" King, Jr., Mr.
Arthur S. Warren, Mrs. Renny Bush Humphrey, Ms. Martha Casey
and Mr. M. D. Stith, Jr. (alternate) to serve on the Crater
Planning District Commission, whose terms are effective
January 1, 2004 and expire December 31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O TRI-CITIES AREA METROPOLITAN PLANNING ORGANIZATION
(CRATER MPO)
On motion of Mr. Warren, seconded by Mr. Barber, the Board
reappointed Mrs. Renny Bush Humphrey to serve on the Tri-
Cities Area Metropolitan Planning Organization (Crater MPO),
whose term is effective January 1, 2004 and expires December
31, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O GREATER RICHMOND PARTNERSHIP, INCORPORATED
On motion of Mr. Warren, seconded by Mr. Barber, the Board
reappointed Mr. Arthur S. Warren to serve on the Greater
Richmond Partnership, Incorporated, whose term is effective
January 1, 2004 and expires December 31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O RICHMOND METROPOLITAN CONVENTION ANDVISITORS BUREAU
On motion of Mr. Warren, seconded by Mr. Barber, the Board
reappointed Mr. Edward Barber to serve on the Richmond
Metropolitan Convention and Visitors Bureau, whose term is
effective January 1, 2004 and expires December 31, 2004.
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And, further, the Board appointed Mr. Kirby Brooks to serve
on the Richmond Metropolitan Convention and Visitors Bureau,
whose term is effective January 1, 2004 and expires June 30,
2005.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O SOCIAL SERVICES BOARD
On motion of Mr. Warren, seconded by Mr. Barber, the Board
reappointed Mr. Kelly E. Miller to serve on the Social
Services Board, whose term is effective January 1, 2004 and
expires December 31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O CAPITAL REGION AIRPORT COMMISSION
On motion of Mr. Warren, seconded by Mr. Barber, the Board
appointed/reappointed Mr. Kelly E. Miller, Mr. Arthur S.
Warren, Mr. Daniel A. Gecker and Mr. John V. Mazza, Jr. to
serve on the Capital Region Airport Commission, whose terms
are effective January 1, 2004 and expire December 31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O PARKS AND RECREATiON ADVISORY COMMISSION
On motion of Mr. Warren, seconded by Mr. Barber, the Board
appointed/reappointed the following members to serve on the
Parks and Recreation Advisory Commission, whose terms are
effective January 1, 2004 and expire December 31, 2007:
Name District
Ms. Terry Minor
Mr. Frank McDavid
Mr. Robert E. Terrell
Mr. Dennis Harding
Mr. Earl Gee
Mr. Tim Russell
Mr. Ron Maxey
Clover Hill
Clover Hill
Dale
Dale
Matoaca
Matoaca
Midlothian
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O CAPITAL AREA TRAINING CONSORTIUM
On motion of Mr. Warren, seconded by Mr. Barber, the Board
reappointed Mr. Bradford Hammer to serve on the Capital Area
Training Consortium, whose term is at the pleasure of the
Board.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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O MAYMONT FOUNDATION
On motion of Mr. Warren, seconded t~ Mr. Barber, the Board
reappointed Mr. Kelly E. Miller to serve on the Maymont
Foundation, whose term is effective January 1, 2004 and
expires December 31, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O DISABILITY SERVICES BOARD
On motion of Mr. Warren, seconded by Mr. Barber, the Board
reappointed Rev. Donna Mott, representing the county at-
large, and Mrs. Alice Magee, representing the Dale District,
to serve on the Disability Services Board, whose terms are
effective January 1, 2004 and expire December 31, 2006.
And, further, the Board appointed Mis. Carol Granger, County
Government representative, to serve on the Disability
Services Board, whose term is effective immediately and
expires December 31, 2004. (It is noted Ms. Granger will
fill the unexpired term of Ms. Judy Rossi.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
o SOLID WASTE ADVISORY COMMITTEE
On motion of Mr. Warren, seconded ]Dy Mr. Barber, the Board
reappointed Mr. Paul Swenson, representing the Midlothian
District, to serve on the Solid Waste Advisory Committee,
whose term is effective January 1, 2004 and expires December
31, 2006.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O CENTRAL VIRGINIA WASTE MANAGEMEnt AUTHORITY
On motion of Mr. Warren, seconded iby Mr. Barber, the Board
reappointed Mr. Robert Dunn, representing the county at-
large, and Mr. Howard. Heltman (alternate) to serve on the
Central Virginia Waste Management ~thority, whose terms are
effective January 1, 2004 and expire December 31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
O CENTRAL VIRgINIA WASTE MANA~EME~ PLAN CITIZEN ADVISORY
COMMITTEE
On motion of Mr. Warren, seconded by Mr. Barber, the Board
reappointed Mr. Fran Pitaro, staff representative, to serve
on the Central Virginia Waste Management Plan Citizen
Advisory Committee, whose term is effective January 1, 2004
and expires December 31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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Mr. Miller confirmed the following committee appointments:
O BUDGET AND AUDIT COMMITTEE
Mr. Warren and Mr. Miller (Unspecified Term)
o COUNTY EMPLOYEE BENEFITS COMMITTEE
Mr. Barber and Mrs. Humphrey (Unspecified Term)
o COUNTY OFFICE SPACE NEEDS, COURTS SPACE, AND FAMILY
COURT COMMITTEE
Appointments will be made when necessary.
o DRUG COURT COMMITTEE
Mr. Miller and Mr. King (Unspecified Term)
o SCHOOL BOARD LIAISON COMMITTEE
Mr. Warren and Mr. Barber (Unspecified Term)
o SOLID WASTE ADVISORY COMMITTEE
Mrs. Humphrey and Mr. Miller
12/31/2004)
o
(one-year term expiring
COALITION OF HIGH GROWTH COMMUNITIES
Mr. Warren (Unspecified Term)
o VIRGINIA'S GATEWAY REGION BOARD
Mr. King (term expires 9/30/2004)
o
RED CROSS LOCAL GOVERNMENT ADVISORY COMMITTEE
Mrs. Humphrey (term expires 12/31/2004)
1.C. ADOPTION OF PROCEDURES OF THE BOARD OF SUPERVISORS
GOVERNING MEETINGS IN 2004
On motion of Mr. Barber, seconded by Mr. Warren, the Board
adopted the Procedures of the Board of Supervisors Governing
the Board of Supervisors for 2004, as amended. (It is noted a
copy of the 2004 Procedures of the Board of Supervisors is
filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
1.D. SETTING OF REGULAR MEETING DATES FOR 200~
On motion of Mr. Barber, seconded by Mr. Warren, the Board
adopted the regular and special meeting date schedule for
2004, as follows:
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January 14, 2004 at 4:00 p.m.
January 28, 2004 at 3:30 p.m.
February 11, 2004 at 3:30 p.m.
February 25, 2004 at 3:30 p.m.
March 8, 2004 at 6:00 p.m.
March 10, 2004 at 3:30 p.m.
March 24, 2004 at 3:30 p.m.
April 14, 2004 at 3:30 p.m.
April 28, 2004 at 4:00 p.m.
May 26, 2004 at 3:30 p.m.
June 23, 2004 at 3:00 p.m.
July 28, 2004 at 3:00 p.m.
August 25, 2004 at 3:00 p.m.
September 22, 2004 at 3:30 p.m.
October 13, 2004 at 4:00 p.m.
October 27, 2004 at 4:00 p.m.
November 10, 2004 at 4:00 p.m.
November 23, 2004 at 4:00 p.m.**
December 15, 2004 at 3:30 p.m.*
* Third Wednesday
** Tuesday, due to the Thanksgiving Holiday
Special Meeting Dates for 2004
Special Budget Work Session - March 8, 2004 at 6:00 p.m. -
Public Meeting Room
Budget Public Hearing - March 24, 2004 at 7:00 p.m. in the
Public Meeting Room
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller expressed appreciation to the Board for the
privilege of serving as 2004 Chairman. He congratulated Mr.
King upon his election and welcomed him to the Board. He
thanked Mr. Warren for his leadership as 2003 Chairman. He
stated he feels the Board's first priority is to act as
exemplary stewards of the taxpayers' resources, and the Board
should look for ways to eliminate wasteful spending and to
wisely manage its resources. He urged the Board to be more
careful as budget considerations are approaching and stated,
in preparation for the anticipated bond referendum, the Board
must be sure it is asking the public to finance needed
improvements as. opposed to wish-list wants. He further
stated the Board must provide adequate school facilities for
educating our children. He stressed the importance of
continuing to seek ways to attract good quality business to
the county, promoting the county as a business-friendly
community, and providing assistance to help existing
businesses prosper. He requested that County Administration
assess the Economic Development Department to assure that
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appropriate allocations of resources are being made to
attract and promote business in the county and to assist
existing businesses wherever possible. He further requested
that County Administration direct a review of all planning
fees and regulations to eliminate any unnecessary delays in
seeking planning approvals and also eliminate unnecessary
costs to businesses. He expressed concerns that certain
areas of the county, particularly Route 360 in the Clover
Hill and Matoaca Districts, are now experiencing some real
growth issues. He expressed further concerns that little has
been done to provide relief to Hrowth issues since the 2002
Growth Summit. He requested that the Board join him in
taking aggressive and positive initiatives to address the
growth issues as follows: 1) Direct Administration and
staff, including the Planning Department, to begin immediate
review of the Comprehensive Plan to determine what
modifications need to be made to address the Hrowth issues,
particularly in the 360 Corridor, indicating that attention
should also be given to road improvements on Route 10 between
U.S. Route 1/301 and Interstate 295; 2) Direct the Planning
Commission to review its consideration of differential
proffers, reducing density and other measures that were
suspended for some reason; and 3) Direct the Planning
Commission to consider establishment of a Corridor Overlay
District that would bring more restrictive development
standards with a possible regional approach to its
infrastructure needs similar to the Regional BMP concept
recently adopted by the Board. He stated developers might be
asked to jointly provide certain infrastructure if they
choose to develop in a delineated area, and increased cash
proffers might be considered for development in the
designated high growth areas. He further stated more open
space should be provided in plans for development, and
enhanced transportation proffers might be a part of the
regional approach. He suggested that impact fees on zoned,
but undeveloped, properties may be an additional tool and
should be carefully evaluated and aggressively pursued
wherever appropriate. He stated the Board will be asked to
consider an extension of the Powhite Parkway to Route 360 in
2004, and stressed the importance of careful assessment of
the impact of this extension upon the county. He urged the
Board to join him in directing County Administration to
ensure that appropriate allocation of resources would be made
available and, if necessary, additional planninH personnel be
budgeted for, as required to implement any directives from
the Board concerning growth management. He stated that the
confidential memo from the County Attorney to the Board of
Supervisors regarding growth management tools is being
immediately released to the public. He requested that the
Board join him in directing County Administration and staff
to prepare specific proposals for the Board's consideration
dealing with new zoning as well as existing zoning of
undeveloped properties. He further requested the Board's
support of a working retreat at an appropriate time when
specific proposals will be made for specific implementations.
He stated his vision for the county's future is a community
that affords the best possible quality of life for its
citizens; continued enjoyment of excellent schools and public
services with a reasonable tax burden on its citizens; the
best possible business climate that affords quality
employment for generations to come; and a safe and secure
neighborhood for families to live in.
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2. APPROVAL OF MINUTES
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved the minutes of December ll, 2003 and December 17,
2003, as submitted.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
3. COUNTY ADMINISTRATOR'S COMMENTS
There were no County Administrator's comments at this time.
4,. BOARD COMMITTEE REPORTS
Mrs. Humphrey recognized Mr. Wayne Bass, newly appointed
Matoaca District Planning Commissioner, who was present at
the meeting.
5. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. Warren, seconded iby Mr. Barber, the Board
deleted Item 9.B.l., Appropriate Funds and Authorize the
County Administrator to Execute a Contract for Construction
of a New Roadway and Parking Lot at Robious Landing Park;
added Item 9.B.15., Approval of $150 Per Meeting Fee for
Members of the Industrial Development Authority; replaced
Item 15.A, Resolution Recognizing' Mr. Elliott Alexander
Cameron Upon Attaining the Rank of Eagle Scout; added Item
15.B., Resolution Recognizing Mr. John Hilliard for His
Contributions to the Chesterfield County Parks and Recreation
Advisory Commission; moved Item 16., Zoning Case 03SN0312, to
be heard under Item 19., Remaining Mobile Home Permits and
Zoning Requests; and adopted the Agenda, as amended.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
6. RESOLUTIONS AND SPECIAL RECOGNITIONS
RECO~NIZINGMI~. IRVING O. HALL, EMERGENCY
COMMUNICATIONS, UPON HIS RETIREMENT
Ms. Mayfield introduced Mr. Irving Hall who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Irving O. Hall ibegan his public service
with Chesterfield County as a firefighter in October 1969;
and after a brief break in service returned to the Emergency
Communications Center on May 1, 1975, and faithfully served
the county for 31~ years until January 1, 2004; and
WHEREAS, Mr. Hall was able to adapt to the ever-changing
environment and. growth within Chesterfield County and the
Emergency Communications Center, was instrumental in the
implementation of the first fire Computer Aided Dispatch
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System for Chesterfield County, and participated in the
implementation of enhanced 9-1-1 and the county radio system
upgrades throughout his career; and
WHEREAS, Mr. Hall displayed a helpful, courteous, and
caring attitude while working with internal and external
customers; and
WHEREAS, Mr. Hall has provided a high level of
commitment to his work performance by being a thorough and
conscientious employee; and
WHEREAS, Mr. Hall has provided the Emergency
Communications Center and Chesterfield County with many years
of loyal and dedicated service; and
WHEREAS, Chesterfield County and the Board
Supervisors will miss Mr. Hall's diligent service.
of
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 14th day of January 2003,
publicly recognizes Mr. Irving O. Hall, and extends on behalf
of its members and the citizens of Chesterfield County,
appreciation for his service to the county, congratulations
upon his retirement, and best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Hall, and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr. Hall,
accompanied by his wife, Ms. Mayfield and Chief Elswick,
expressed appreciation for his dedicated service, and wished
him a long and happy retirement.
Chief Elswick stated Mr. Hall was an excellent dispatcher who
will be greatly missed.
6.B. RECOGNIZING LIEUTENANT ROGER HICKS, JR., CHESTERFIELD
COUNTY FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT,
UPON HIS RETIREMENT
Deputy Chief Paul Shorter introduced Mr. Roger Hicks who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Lieutenant Roger Hicks, Jr. attended Recruit
School #4 and began his public service with Chesterfield
County as a firefighter on March 15, 1974 and has faithfully
served the county for 29 years; and
WHEREAS, Lieutenant Hicks was promoted to Sergeant in
1982 and upgraded to Lieutenant in 1992 after years of
serving the citizens and completing the promotion process.
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WHEREAS, by providing quality public service, Lieutenant
Hicks has symbolized the type of employee Chesterfield County
seeks; and
WHEREAS, Lieutenant Hicks' desire to do a good job has
been a primary factor that has permitted him to perform at a
high level while always striving for excellence; and
WHEREAS, Lieutenant Hicks displayed a caring attitude
toward all of his customers, often going out of his way to
help those in need, and demonstrated excellent teamwork
skills by always being available to assist and work with his
co-workers, volunteers and citizens of Chesterfield County;
and
WHEREAS, on April 12, 1997, Lieutenant Hicks rescued a
two-year old child from under a bed at a structure fire in an
apartment; the child was unconscious and not breathing;
Lieutenant Hicks began mouth-to-moutlh resuscitation and after
treatment at MCV the child recovered, and Lieutenant Hicks
was awarded the Department's Lifesave Award for his heroic
efforts; and
WHEREAS, Lieutenant Hicks was awarded an EMS Lifesave
Award for his actions taken on August 26, 1993 when a vehicle
collided with a cement truck trapping the patient underneath
the truck; and the patient was extricated, treated and
transported to the hospital and recovered; and
WHEREAS, Lieutenant Hicks retired from the Chesterfield
County Fire and Emergency Medical Services Department on
October 1, 2003.
NOW, THEREFORE IT BE RESOLVED, that the Chesterfield
County Board of Supervisors, this 14th day of January 2004,
publicly recognizes the contributions of Lieutenant Roger
Hicks, Jr., expresses the appreciation of all residents for
his service to the county, and extends appreciation for his
dedicated service and congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Lieutenant Hicks and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield county, Virginia.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller presented the executed resolution and a Jefferson
Cup to Mr. Hicks, accompanied by ,Chief Elswick and Deputy
Chief Shorter, expressed appreciation for his dedicated
service, and wished him a long and happy retirement.
Mr. Hicks stated he has enjoyed his service with the county
and is looking forward to retirement.
Chief Elswick congratulated Mr. Hicks upon his retirement.
6.C. RECO~NIZIN~ MR. J. RICHARD WORCESTER FOR CONTRIBUTIONS
TO THE CHESTERFIELD COUNTY PARKS AND RECREATION
ADVISORY COMMISSION
Mr. Hammer introduced Mr. J. Richard Worcester who was
present to receive the resolution.
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On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission was established in 1993 by the Board of
Supervisors for the purpose of assessing the recreation needs
of the county, advising the Board of Supervisors and county
staff, and making specific recommendations on the most
equitable use of facilities; and
WHEREAS, Mr. J. Richard Worcester was appointed in 1993
as a charter member of the commission representing the Clover
Hill Magisterial District, and since that time has served the
citizens of Chesterfield County with distinction; and
WHEREAS, Mr. Worcester has continually demonstrated
wisdom and foresight serving as chairman of the commission
from January 1995 through December 1997 and again from 2000
through 2003; and
WHEREAS, the commission was instrumental in the
development of the Mayes-Colbert Ettrick Community Building,
the first public community building in Chesterfield County,
with programs for county citizens of all ages; and
WHEREAS, the commission strongly supported the passage
of the 1996 bond referendum and the resulting acquisition and
development of new parks and recreation facilities throughout
the county; and
WHEREAS, the commission heard from citizens and studied
the needs for skatepark facilities in the county, leading to
partnership with the YMCA for construction of a county
skatepark; and
WHEREAS, Mr. Worcester and the commission developed a
recreational volunteers recognition program, with the first
awards ceremonies scheduled for Spring 2004; and
WHEREAS, Mr. Worcester has contributed greatly to the
Chesterfield community through his own volunteerism, serving
as president of Chesterfield Baseball Clubs, baseball
representative of the Gordon Athletic Association and coach
for both CBC and AAU/USSSA youth baseball teams.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 14th day of January 2004,
publicly recognizes Mr. J. Richard Worcester and commends his
dedicated and outstanding service to the Parks and Recreation
Advisory Commission and to the citizens of Chesterfield
County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Warren presented the executed resolution to Mr.
Worcester, accompanied by Mr. Hammer and Mr. Dove, and
expressed appreciation for his valuable contributions to the
Parks and Recreation Advisory Commission.
Mr. Dove stated Mr. Worcester will be greatly missed by Parks
and Recreation staff.
04-13
01/14/04
Mr. Worcester stated he feels it is a civic duty for people
to volunteer their time to make the community they live in a
better place.
7. WORK SESSIONS
There were no work sessions at this time.
8. DEFERRED iTEMS
There were no deferred items at this time.
9. NEW BUSINESS
9.A. STREETLI~HT INSTALLATION COST APPROVALS AND ADDITIONAL
FUNDING APPROVAL FOR A PREVIOUSLY APPROVED PROJECT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved the following streetlight requests:
Clover Hill District
O
In the Surreywood Subdivision
At the intersection of Lake Surrey Drive and Capelwood
Drive
Cost to install streetlight: $5.,156.75
At the intersection of Bloomsherry Drive and Yorkdale
Drive
Cost to install streetlight: $232.67
Dale District
o At the intersection of Beach Road and Nash Road
Cost to install streetlight: $99.79
o In the Huntingcreek Hills Subdiwtsion
Leafycreek Drive, vicinity of 8906
Cost to install streetlight: $1,263.65
Matoaca District
o In the vicinity of 13033 Carters Valley Road
Additional cost to install streetlight: $17.00
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B. CONSENT ITEMS
On motion of Mr. Warren, seconded by Mr. Barber, the Board
removed Item 9.B.2.c., Resolution Supporting Enabling
Legislation to Allow an Increase in the Local Occupancy Tax,
from the Consent Agenda for public discussion.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-1&
01/14/04
9.B.2. ADOPTION OF RESOLUTIONS
9.B.2.&. RECOGNIZING FIREFIGHTER ~EOR~E M. MYERS,
CHESTERFIELD COUNTY FIRE AND EMER~ENCYMEDICAL
SERVICES DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Firefighter George M. Myers retired from the
Fire and Emergency Medical Services Department, Chesterfield
County, on January 1, 2004; and
WHEREAS, Firefighter Myers attended Recruit School #9 in
1978 and has faithfully served the county for over twenty-
five years in various assignments as a firefighter at the
Dale Fire and EMS Station, the Manchester Fire and EMS
Station, the Dutch Gap Fire and EMS Station, the Airport Fire
and EMS Station, the Bensley Fire and EMS Station, the
Midlothian Fire and EMS Station, and finally as a firefighter
at the Buford Road Fire and EMS Station; and
WHEREAS, Firefighter Myers was involved in many
successful fire and emergency medical incident scenes,
including functioning as the Acting Lieutenant in charge of
Truck Company 14 throughout the operations at the John Tyler
Community College fire, preventing the fire from spreading to
other parts of the building; and
WHEREAS, Firefighter Myers was recognized in 1993 for
his role in one of the earliest successful applications and
use of an automated external defibrillator that resulted in
saving the life of a citizen suffering from cardiac arrest;
and
WHEREAS, Firefighter Myers was recognized in 1993 with a
unit citation for his role in the extrication and treatment
of two Chesterfield County police officers that were trapped
and pinned inside their patrol car beneath a trash truck
after having been struck from behind in a serious motor
vehicle accident.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 14th day of January 2004,
recognizes the contributions of Firefighter George M. Myers,
expresses the appreciation of all residents for his dedicated
service to the county, and extends congratulations upon his
retirement and best wishes for a long and happy retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.2.b. RECO~NIZIN~ MRS. LINDA P. BEASLEY, OFFICR OF T~
COMMISSIONER OF THE REVENUE, UPON
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Mrs. Linda P. Beasley will retire from the
Office of the Commissioner of the Revenue on February 1,
2004; and
04-15
01/14/04
WHEREAS, Mrs. Beasley began her public service with the
county as an auditor-assessor in the Office of the
Commissioner of the Revenue on Nowember 19, 1984, and has
faithfully served Chesterfield County for 19 years; and
WHEREAS, Mrs. Beasley, through hard work and dedication,
progressed from the position of auditor-assessor to her
current position of supervisor; and
WHEREAS, Mrs. Beasley grew with the county and
demonstrated versatility and the highest level of customer
service when working with both internal and external
customers; and
WHEREAS, Mrs. Beasley displayed a profoundly caring
attitude toward all of her customers, often going out of her
way to help those in need, and remaining available to assist
her co-workers or staff despite a heavy workload; and
WHEREAS, Mrs. Beasley was often able to use a pleasant
demeanor to calm the most irate or disgruntled taxpayers
without compromising professional standards; and
WHEREAS, Mrs. Beasley was always willing to share her
knowledge in departmental processes, regularly and patiently
explaining complicated steps to co-workers; and
WHEREAS, Mrs. Beasley's vast knowledge, years of
experience, and tireless dedication to supporting and
achieving the goals and objectives of the Office of the
Commissioner of the Revenue have enabled her to make a
significant contribution to the success of this office; and
WHEREAS, more than anything else, Mrs. Beasley has been
a loyal friend to many, never short on compliments, or even a
joke or two, with a friendly and caring attitude that will be
sorely missed by the county.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
Mrs. Linda P. Beasley to the citizens and administration of
Chesterfield County, and extends appreciation for her
commitment to the county, congratulations upon her
retirement, and best wishes for a long and happy retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.3. STATE ROAD ACCEPTANCE
On motion of Mr. Barber, seconded by' Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
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,
0~-16
01/14/04
pursuant to § 33.1-229, Code of Virginia,
Department' s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Chan¢~e to the Secondary System of State Highways: Addlticn
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Providence Creek, Section F
· Chesbay Court, State Route Number: 5640
From: W. Providence Rd., (Rt. 678)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 11/3/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 94,
with a width of 40 Ft.
· Creek Bottom Place, State Route Number: 5642
From: Creek Bottom Wy., (Rt. 4582)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 11/3/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 94,
with a width of 40 Ft.
· Creek Bottom Terrace, State Route Number: 5643
From: Creek Bottom Wy., (Rt. 4582)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 11/3/1999 with the Office Of Clerk To Cimuit Court in Pb. 107; Pg. 94,
with a width of 40 Ft.
· Creek Bottom Way, State Route Number: 4582
From: 0,08 Mi. W of Creek Bottom Ct,, (Rt. 4583)
To: Creek Bottom PI., (Rt. 5642), a distance of: 0.03 miles.
Right-of-way record was filed on 11/3/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 94,
with a width of 44 Ft
· Creek Bottom Way, State Route Number: 4582
From: Creek Bottom PI., (Rt. 5642)
To: Creek Bottom Tr., (Rt. 5643), a distance of: 0.06 miles.
Right-of-way record was filed on 11/3/1999 with the Office Of Clerk To Cimuit Court in Pb. 107; Pg. 94,
with a width of 44 Ft.
·
To:
Creek Bottom Way, State Route Number: 4582
Creek Bottom Tr., (Rt. 5643)
Cul-de-sac, a distance of: 0.03 miles.
04 -17
and the
this Board guarantees
as described, and any
drainage.
copy of
for the
01/14/04
Right-of-way record was filed on 11/3/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 94,
with a width of 44 Ft.
· Creek Top Way, State Route Number: 5641
From: W. Providence Rd., (Rt. 678)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 11/3/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 94,
with a width of 40 Ft.
· W. Providence Road, State Route Number: 678
From: 0.02 Mi. W of Providence Glen Tn., (Rt. 4584)
To: Intersection Creek Top Wy., (Rt. 5641) & Chesbay Ct., (Rt. 5640), a distance of: 0.04 miles.
Right-of-way record was filed on 11/3/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 94,
with a width of 44 Ft.
· W. Providence Road, State Route Number: 678
From: Intersection Creek Top Wy., (Rt. 5641) & Chesbay Ct., (Rt. 5640)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was flied on 11/3/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 94,
with a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
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.
Tvpe Change to the Secondary System of State Highways: Addiition
Basis for Change:
Statutory Reference:
Project:
Addition, New subdivision street
§33.1-229
St. James Woods, Section K
04-18
01/14/04
·
From:
To:
Bantry Drive, State Route Number: 5647
Explorer Dr., (Rt. 3998)
0.02 Mi. S of Explorer Dr., (Rt. 3998), a distance of: 0.02 miles.
Right-of-way record was filed on 9/10/2002 with the Office Of Clerk To Circuit Court in Pb. 129; Pg 129,
with a width of 44 Ft.
· Explorer Drive, State Route Number: 3998
From: Nevis Dr., (Rt. 6069)
To: Intersection Moven PI., (Rt. 5646) & Moven Dr., (Rt. 5645), a distance of: 0.12 miles.
Right-of-way record was filed on 9/10/2002 with the Office Of Clerk To Circuit Court in Pb.129; Pg 129,
with a width of 50 Ft.
· Explorer Drive, State Route Number: 3998
From: Intersection Moven PI., (Rt. 5646) & Moven Dr., (Rt. 5645)
To: Bantry Dr., (Rt. 5647), a distance of: 0.16 miles.
Right-cf-way record was filed on 9/10/2002 with the Office Of Clerk To Circuit Court in Pb.129; Pg 129,
with a width of 50 Ft.
· Explorer Drive, State Route Number: 3998
From: Bantry Dr., (Rt. 5647)
To: 0.03 Mi. W of Bantry Dr., (Rt. 5647), a distance of: 0.03 miles.
Right-of-way record was filed on 9/10/2002 with the Office Of Clerk To Circuit Court in Pb.129; Pg 129,
with a width of 50 Ft.
· Moven Court, State Route Number: 5644
From: Moven Dr., (Rt. 5645)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 9/10/2002 with the Office Of Clerk To Circuit Court in Pb.129; Pg 129,
with a width of 40 Ft.
· Moven Drive, State Route Number: 5645
From: Explorer Dr., (Rt. 3998)
Tc: Moven Ct., (Rt. 5644), a distance of: 0.03 miles.
Right-of-way record was filed on 9/10/2002 with the Office Of Clerk To Circuit Court in Pb.129; Pg 129,
with a width of 40 Ft.
· Moven Drive, State Route Number: 5645
From: Moven Ct., (Rt. 5644)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 9/10/2002 with the Office Of Clerk To Circuit Court in Pb.129; Pg 129,
with a width of 40 Ft.
·
From:
To:
Moven Place, State Route Number: 5646
Explorer Dr., (Rt. 3998)
Cul-de-sac, a distance of: 0.06 miles.
04-19
01114/04
Right-of-way r~o~ was fil~ on W10/2~2 with the ~e ~ Cle~ ~ Cin~uit Cou~ in Pb,129; Pg 129,
w~a~dth~ ~ ~.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.4. APPROVAL OF UTILITY CONTRACTS
9.B.4.&. FOR CRESTWOOD PRESBYTERIAN CHURCH PROJECT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved the following utility contract for Crestwood
Presbyterian Church, Contract Number 02-0387, which includes
the extension of 355 L.F. + of 16-inch oversized water lines:
Developer: Crestwood Presbyterian Church
Contractor: Bookman Construction
Contract Amount: Estimated County Cost for
Oversizing .......... $10,395.00
Estimated Developer Cost .... $98,234.00
Estimated Total ........ $108,629.00
Code: (Cash Refunds - Oversizing) 5B-572WO-E4C
District: Matoaca
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.4.b. FOR ARBORMEADOWS - SECTION I PROJECT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the
Board approved the following utility contract for Arbor
Meadows - Section 1, Contract Number 02-0321, which includes
865 L.F. + of 12-inch oversized water lines:
Developer: T & H L.L.C.
Contractor: Bookman Construction
Contract Amount: Estimated County Cost for
Oversizing .......... $7,545.00
Estimated Developer Cost .$227,026.00
Estimated Total ........ $234,571.00
Code: (Refunds thru Connection Fees -
Oversizing) 5B-572VO-E4C
District: Bermuda
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.5. REQUESTS TO QUITCLAIM
9.B.5.&.
PORTIONS OF A TWENTY-FIVE FOOT SEWER EASEMENT
ACROSS THE PROPERTY OF BROWN BOVERI POWE~
EQUIPMENT, INCORPORATED
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate
04-20
01/14/04
portions of a 25-foot sewer easement across the property of
Brown Boveri Power Equipment, Incorporated. (It is noted
copies of the plats are filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.5.b.
A PORTION OF A VARIABLE WIDTH STORM WATER
MANAGEMF~F~/BEST MANAGEMENT PRACTICE EA_SK~.NT ACROS~
x~ PROPERTY OF CAR/{, L.L.C.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width storm water management/best
management practice easement across the property of Carr,
L.L.C. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.5.c. A PORTION OF A TWENTY-FIVE FOOT SEWER EASEmeNT
ACROSS THE PROPERTY OF CSX TRANSPORTATION,
INCORPORATED
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 25-foot sewer easement across the property of
CSX Transportation, Incorporated. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.5.d. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEmeNT
ACROSS THE PROPERTY OF HOPE ALLEN FAMILY LIMITED
PARTNERSHIP
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot drainage easement across the property of
Hope Allen Family Limited Partnership. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.5.e.
A PORTION OF AN EIGHT-FOOT EASEMENT ACROSS
PROPERTY OF ~vGENE FRANKLIN MITCHELL
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of an eight-foot easement across the property of
Eugene Franklin Mitchell. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-21
01/14/04
9.B.6. REQUESTS FOR PERMISSION
9.B.6.&. FROM ENTERPRISE BUILDERS AND DEVELOPERS, LLC FOR AN
&~PHALT DRIVEWAY AND A WOO'DEN RETAINING WALL TO
ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE BASEMENT
ACROSS LOT 14, BAYHILL POINTE, SECTION 13
On motion of Mr. Barber, seconded by' Mrs. Humphrey, the Board
approved a request from Enterprise Builders and Developers,
LLC for permission for an asphalt driveway and a wooden
retaining wall to encroach within a 16-foot drainage easement
across Lot 14, Bayhill Pointe, Section 13, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9 .B. 6 .b. FROM RALPH A. HUSTON AND WINIFRED J. LOMAS-HUSTON
FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-
FOOT DRAINAGE BASEMENT AC~SS LOT 24, BIRKDALE,
SECTION 9
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved a request from Ralph A. Huston and Winifred J.
Lomas-Huston for permission for a proposed fence to encroach
within a 16-foot drainage easement across Lot 24, Birkdale,
Section 9, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.6.c. FROM WILFRED M. ROSE FORAN EXISTING FENCE TO
ENCROACH WITHIN A SIXTEEN-FOOT BASEMENT ACROSS LOT
5, BLOCK A, LAKE GENITO, SECTION B
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved a request from Wilfred M. Rose for permission for an
existing fence to encroach within a 16-foot easement across
Lot 5, Block A, Lake Genito, Section B, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.?. ACCEPTANCE OF PARCELS OF LAND
9.B.7.&. ALONG THE BAST RIGHT OF WAY LINE OF NEWBY'S BRID~E
ROAD AND THE SOUTH RIGHT OF WAY LINE OF HAGOOD LA~'E
FROM DOUGLAS J. HACKMAN AND DEBORAH A. HACKMAN
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.832
acres along the east right of way line of Newby's Bridge Road
(State Route 649) and the south right of way line of Hagood
Lane from Douglas J. Hackman and Deborah A. Hackman, and
O4 -22
01/14/04
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: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.7.b. ALONG THE EAST RIGHT OF WAY LINE OF NORTH SPRING
RUN ROAD FROM TRUSTEES OF SWIFT CHEEK BAPTIST
CHURCH
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
accepted the conveyance of two parcels of land containing a
total of 0.246 acres along the east right of way line of
North Spring Run Road (State Route 654) from Trustees of
Swift Creek Baptist Church, 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: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.8. APPROVAL OF A PIPELINE CROSSING AGREEMENT WITH
NORFOLK SOUTHERN RAILROAD COMPANY
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a pipeline
crossing agreement with Norfolk Southern Railroad Company for
the construction of a water line at Dry Bridge Road. (It is
noted a copy of the vicinity sketch is filed with the papers
of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.9. AUTHORIZATION FOR T-MOBILE TO APPLY FOR CONDITIONAL
USE FOR CONSTRUCTION OF A COMMUNICATION TOWER AT
MEADOWEROOK HIGH SCHOOL
Mrs. Humphrey stated there are going to be more instances of
communication towers being placed on public sites. She
further stated revenue from the towers is currently going
into the General Fund, and requested that the Board address
how the revenue should be used.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized T-Mobile to apply for conditional use for a
communications tower to be constructed at Meadowbrook High
School. (It is noted a copy of the vicinity sketch is filed
with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.10. AWARD OF CONSTRUCTION CONTRACT FOR THE ADDISON-EVAN~
WATER TREATMENT PLANT RAW WATER LINE IMPROVEMENTS
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
awarded a construction contract, in the amount of $362,660,
to Waco, Incorporated for County Project #02-0434, Addison-
Evans Water Treatment Plant Raw Water Line Improvements, and
04-23
01/14/04
authorized the County Administrator to execute the necessary
documents.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.11. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL
BOARD TO PURCHASE CHAMPIONSHIP BANNERS FOR THE
MANCHESTER HIGH SCHOOL GYMnaSIUM
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
transferred $2,500 from the Matoaca District Improvement Fund
to the School Board to purchase championship banners for the
Manchester High School gymnasium.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.12. SET DATE FOR PUBLIC HEARING TO CONSIDER AN ORDINANCE
ESTABLISHING CONNECTION AND USER FEES FOR COLLEGE
AND UNIVERSITY DORMITORIES
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
set the date of February 11, 2004 for a public hearing to
consider an ordinance establishing connection and user fees
for college and university dormitories.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.13.
AUTHORIZATION AND TRANSFER OF FUNDS TO THE
INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE ACQUiSiTION
OF FIVE ACRES FOR THE MEAIK)WVILLE TECHNOLOGY PARK
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the transfer of $83,402 to the Industrial
Development Authority for the acquisition of five acres at
the Meadowville Technology Park from James Associates.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9.B.14. APPROVAL OF ADDITIONAL REQUESTS TO 2004 GENERAL
ASSEMBLY PROGRAM RELATING TO EROSION AND SEDIMENT
CONTROL
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved the addition of two items to the 2004 General
Assembly Program: 1) increasing civil penalties for
violations of the Erosion and Sediment Control Ordinance; and
2) more stringent state regulation of Virginia Department of
Transportation projects.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04 -24
01/14/04
9.B.15. APPROVAL OF $150 PER MEETING FEE FOR THE ~4BERS
OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved a $150 per meeting fee for the members of the
Industrial Development Authority.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
The following item was removed from the Consent Agenda for
public comment:
9.B.2 .c.
SUPPORTING ENABLING LEGISLATION TO ALLOW AN
INCREASE IN THE LOCAL OCCUPANCY TAX
Ms. Elko recognized Mr. Roger Habeck, representing the
Chesterfield Chamber of Commerce, who had requested that the
item be removed for public comment.
Mr. Anil Patel stated he opposes increasing the local
occupancy tax. He recognized 50 people who were present at
the meeting that oppose the tax increase. He provided the
Board members with a copy of a resolution from the
Hospitality Group of Chesterfield County (a component of the
Chamber of Commerce) urging the Board not to support the
increased tax. He stated he does not feel the county should
support activities in the City of Richmond.
Mr. Rick Young, former Chairman of the Richmond Metropolitan
Convention and Visitors Bureau, stated he does not feel the
county should divert resources to other regional uses until
the convention center is fully solvent. He further stated he
does not feel the hotel/motel association supports the
proposed tax increase and urged the Board to proceed
cautiously.
Mr. Charles Friend, representing Shamin Hotels of
Chesterfield County, stated he does not support the increased
local occupancy tax. He provided the Board with a survey
conducted by the Hospitality Group in Chesterfield County and
a tally of the Richmond Hotel/Motel Association's vote on the
occupancy tax increase, and expressed concerns relative to
the disparity between the two documents, indicating that not
all of the hotel operators were allowed to vote in the
Richmond Hotel/Motel Association's survey.
Mr. Nick Patel, representing Horizon Hotels, provided the
Board with details of the taxes currently being paid by
hotels in the county and a comparison of lodging taxes in
various cities in the state and nationwide. He expressed
concerns that the increased occupancy tax, coupled with
Governor Warner's proposed sales tax increase, would equal
14.5 percent. He stated the proposed tax increase represents
a burden to the industry because guests are resistant to tax
rates above 10 percent because they believe they are
excessive and unfair.
Mr. B. C. Amin expressed concerns relative to constant
lodging tax increases. He stated he is not against the
performing arts center, but does not feel the lodging
industry should pay for it.
04-25
01/14/04
Mr. Jackie Dankos, representing Regency V Ltd. Hotel Company,
requested that the Board not support the transient occupancy
tax increase. He stated he feels the convention center is
well funded and expressed concerns that the Virginia
Performing Arts Center has indicated that the convention
center has insufficient funding. He stated the proposed tax
would not return anything to the county and reminded the
Board that 87 percent of the hotels in the county do not
support the proposed tax increase.
Mr. Chris Andreano expressed concerns relative to increased
taxes targeting certain industries and urged the Board not to
support the resolution.
Mr. Tom Winfree, President of the Chesterfield County Chamber
of Commerce, stated he does not support the proposed tax
increase and does not feel it will benefit the hotels. He
further stated he feels the Board should support local
cultural activities such as the performing arts center
planned for Chester.
Mr. Steve Erie, past-Chairman of the Chesterfield Business
Council, stated he supports the proposed tax increase and
feels the county will see strong benefits in the areas of
economic development and quality of life with a successful
convention center and performing arts center. He urged the
Board to adopt the supporting resolution.
Mr. Jim Ukrop, Chairman of the Virginia Performing Arts
Foundation, stated he feels a new performing arts center will
benefit every citizen in the region and a more successful
convention center will help every ihotel in Chesterfield and
every business that depends upon successful hotels. He
further stated he feels the resolution represents a way of
supporting the project at no real cost to the county, its
citizens or the hotel owners.
Mr. Jay Lafler, member of the Greater Richmond Chamber of
Commerce Board of Directors, stated he feels performing arts
has been proven nationwide to be a very important aspect of
municipalities and urged the Board to adopt the resolution to
support the program.
Mr. Jack Berry, President of the Richmond Metropolitan
Convention and Visitors Bureau, stated a major event at the
convention center scheduled for 2005, which represented 9,500
room nights, was canceled because of the condition of Broad
Street. He further stated even s~ller conventions require
hotel room space as far away as Charlottesville and
Williamsburg. He stated he has never lost a convention based
on the hotel tax and urged the Board to support the
resolution.
Mr. Cordell Briggs, representing Briggs Hospitality, stated
he has been in the hotel business all of his life. He
further stated he has studied this issue, indicating that he
supports the proposed tax increase and does not feel it will
hurt the hotel industry.
Mr. Tim Armatage, Manager of Days Inn in Chesterfield, stated
he has seen first-hand what a convention or a large group can
do for his hotel. He further stated he fully supports the
04-26
01/14/04
occupancy tax increase and feels it will make the county a
better place to live without any cost to the residents.
Ms. Jan Keavey stated she supports the resolution and
recognized people who were present at the meeting that also
support it. She further stated she enjoys the arts and feels
that, by participating in this opportunity for Richmond to be
more successful, it will also give Chesterfield the
opportunity to be more successful and make it a better place
to live.
Mr. Mike Watkins, General Manager of the Holiday Inn Select
and President of the Hotel/Motel Association, stated none of
the hotels on Midlothian Turnpike were even aware that the
Hospitality Group of Chesterfield County existed. He further
stated large city-wide conventions will help increase the
demand for hotels in the region and expressed concerns
relative to lost room nights during the first full year of
operation of the new convention center because of the
conditions on Broad Street. He stated the performing arts
center will help to revitalize Broad Street so that
additional large conventions can be booked that will have a
tremendous economic impact on the entire region. He stated
the entire region only has 14,000 room nights available and
requested that the Board support the resolution.
Mr. Michel Zajur, a small business owner and President of the
Hispanic Chamber of Commerce, stated he supports the proposed
tax increase and feels the performing arts center will
benefits various businesses in the region.
Mr. Bo Wilson, a freelance theater artist, stated the benefit
of the performing arts center is tremendous and cannot be
quantified on any balance sheet. He further stated he feels
the county should participate in fixing the city and making
it vibrant and keeping it alive.
Mr. John Walter, a teacher at the Maggie Walker Governor's
School, stated the school is a shining example of regional
cooperation that would not have been possible without the
leadership of Chesterfield. He further stated he feels the
Board should support the increased transient occupancy tax
and take part in this opportunity to enhance the region.
Ms. Allison Holt, a reading specialist at Hening Elementary
School, stated she supports the Performing Arts Foundation
and requested that the Board adopt the resolution.
Mr. Brad Armstrong, CEO of the Virginia Performing Arts
Foundation, stated he feels a performing arts center will
make the community a better place to live and work. He
further stated the project will bring new revenue to
Chesterfield County and make it a more attractive business
location. He stated the proposal does not represent any cost
to the residents or to the county. He further stated he is
personally committed to an arts center in Chester, but does
not feel it makes sense to build smaller community-based
facilities until the main hub is first built. He urged the
Board to support the proposed resolution.
Ms. Emily Walter, a 6th grader at Manchester Middle School,
stated she wants a performing arts center for her future.
04-27
0~/L4/04
Ms. Emma Grimsdale, a 5th grader at Bon Air Elementary
School, stated the performing arts center is important to
her.
Ms. Clarina Holley, accompanied by her 14-year-old daughter,
expressed concerns that she was unable to find performing
arts in the region when she moved here five years ago from
New York. She stated she feels a performing arts center in
downtown Richmond is necessary before branching out into the
different communities. She requested that the Board consider
the children who can watch live performances before making
its decision.
Mr. Roger Habeck stated he feels the performing arts center
is an amazing project and would make an excellent
contribution to the renaissance of downtown Richmond. He
further stated that, because the project will be of benefit
and value to the entire region, it should be supported by
everyone rather than just a small !~roup of business owners.
He stated the last time the transient occupancy tax was
increased to fund the convention center, Mr. Harry Daniel,
former Dale District Supervisor, promised it would be the
last tax increase that would come before the hotel industry.
He further stated the number of people in the hotel industry
who feel they will benefit from this proposal is
substantially in the minority in Chesterfield, indicating
that the issue is not about the convention center or the arts
center - it is about the tax, and t~Le tax is unfair.
When asked, Mr. Habeck stated he supports regional
cooperation, but feels the hotel/motel industry is being
targeted through the proposal.
Mr. King stated he does not feel a major portion of the hotel
industry supports the proposal, indicating that approximately
75 to 80 percent of the hotels/motels in the county are
located in the Bermuda District. He further stated he
endorses regional cooperation efforts, but has a problem with
targeting any industry. He stated the county is in need of
schools, roads and other services, and the proposal
represents resources that the county will lose. He stated he
will not support the resolution.
Mr. Barber stated he will support the resolution. He further
stated he wants to meet with members of the hotel industry to
clarify the different positions that have been portrayed. He
stated he does not disagree that the tax increase will target
an industry, but expressed concerns that the General Assembly
has provided very few options to local governments for
revenue to support the performing arts center, which he feels
is a project the county should support. He further stated he
will hold open his option to reserve judqment on
implementation of the tax increase if he can be convinced
that the resolution was inappropriate.
Mrs. Humphrey expressed concerns relative to conflicting
information from the two groups and requested that the County
Administrator meet with the hotel industry to review the
conflicting information relative to Chesterfield. She stated
it is obvious that the performing arts center is a needed
facility for the region. She stated it appears the majority
of the hotel owners opposed to the occupancy tax increase are
concentrated on the Jefferson Davis Corridor, and inquired
04 -28
01/14/04
whether enterprise zone establishments could be excluded from
the proposed tax increase.
Mr. Micas stated local governments can reduce certain fees
and taxes in enterprise zones under current law, but it is
unclear whether that includes the transient occupancy tax.
He further stated language can be included in the resolution
requesting that the General Assembly clarify whether local
government has the authority to reduce the transient
occupancy tax for hotels/motels within enterprise zones.
Mr. Warren stated he feels the performing arts center will be
a very valuable resource to the region, and he it makes sense
to build the facility in close proximity of the convention
center. He further stated he is disturbed that issues
regarding Broad Street were not dealt with prior to
construction of the convention center. He expressed concerns
that another regional project (the Diamond) still has not
been settled and that the City of Richmond has not acted upon
the transient occupancy tax increase yet.
Mr. Ramsey stated that cities already have the authority to
increase transient occupancy taxes without legislative
authority.
Mr. Brad Armstrong stated the city has
support of the performing arts facility.
indicated their
Mr. Miller stated the Board supports the performing arts
center and wants it to prosper. He stated he is opposed to
targeting a particular industry with an additional burden to
help fund such a project. He further stated he will not
support the resolution, indicating that he looks to the city
to be the initiator for projects within its confines.
Mr. Barber made a motion, seconded by Mrs. Humphrey, for the
Board to adopt a resolution supporting enabling legislation
to allow an increase in the local occupancy tax, with the
inclusion of language requesting that the General Assembly
clarify that local governments can provide for a reduced
occupancy tax for hotels located in enterprise zones.
Mr. Warren made a substitute motion for the Board to defer
action on the resolution until January 28, 2004 to get a
clearer indication of the city's position regarding this
issue.
There was no second to Mr. Warren's substitute motion.
Mr. Miller called for a vote on the motion of Mr. Barber,
seconded by Mrs. Humphrey, for the Board to adopt the
following resolution supporting enabling legislation to allow
an increase in the Local Occupancy Tax:
WHEREAS, the entire Capital region will benefit greatly
from an improved quality of life; and
WHEREAS, the potential economic benefits to Chesterfield
County from the Greater Richmond Convention Center are
significant; and
WHEREAS, the Richmond Metropolitan Convention and
Visitors Bureau must compete with other convention locations
that have significantly higher marketing budgets; and
04-29
01/14/04
WHEREAS, the revitalization of the south side of Broad
Street across from the Convention Center is crucial to the
long-term success of the Convention Center; and
WHEREAS, successful conventions create high occupancy in
hotel and motel rooms in Chesterfield County; and
WHEREAS, citizens of Chesterfield County deserve to be
able to attend performances at first class facilities; and
WHEREAS, the Virginia Performing Arts Foundation's
project to create a performing arts center on the existing
Thalhimers block would both ir~rove the neighborhood
surrounding the Convention Center and provide outstanding
performing arts facilities, both of which would greatly
benefit Chesterfield County; and
WHEREAS, on October 16, 2003, the Greater Richmond
Hotel/Motel Association membership voted by over a two-thirds
majority to support a one percent (1%) increase in the
region's transient occupancy tax; and
WHEREAS, hotels and motels in some parts of the County
may not derive high occupancy benefits from the Convention
Center to the same degree as others;
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County, Virginia hereby supports,
and encourages the Virginia General Assembly to enact,
enabling legislation to allow the counties of Chesterfield,
Henrico, and Hanover to increase the local transient
occupancy tax by an additional ()ne percent (1%) and to
clarify that localities may use the enterprise zone authority
granted to them by state law to provide tax relief to hotels
and motels in parts of the County found to derive lower
occupancy benefits from the Convention Center.
Ayes: Barber, Humphrey and Warren.
Nays: Miller and King.
10. HEARINGS OF CITIZENS ON UNSCHE~LED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
11. REPORTS
11.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
11.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
11 .C.
FUNDS AND LEASE PURCHASES
REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mr. Barber, seconded by Mr. Warren, the Board
accepted the following reports: a report on Developer Water
and Sewer Contracts; a report on tlhe status of General Fund
Balance, Reserve for Future Capital Projects, District
04-30
01/14/04
Improvement Funds and Lease Purchases; and a report on Roads
Accepted Into the State Secondary System, as follows:
ABANDONMENT
LENGTH
0288-020-105, C504, B679, B680, B681
(Effective 11/25/03)
Coalfield Road (Route 754) - From Intersection
Centre Point/Charter Colony Parkway (Route
6040) to 0.35 mile north of Intersection Centre
Pointe/Charter Colony Parkway (Route 6040)
-0.35 Mi
ADDITION
BAYHILL POINTE, SECTION 13
(Effective 11/25/03)
Hidden Nest Court (Route 5596) - From Hidden
Nest Drive (Route 5595) to Cul-de-sac
0.11 Mi
Hidden Nest Drive (Route 5595) - From Hidden
Nest Drive (Route 5595) to Hidden Nest Drive
(Route 5595, same point) Via Circle
0.04 Mi
Hidden Nest Drive (Route 5595) - From Sugar
Hill Drive (Route 5593) to Hidden Nest Court
(Route 5596)
0.05 Mi
Hidden Nest Drive (Route 5595) - From Hidden
Nest Court (Route 5596) to Hidden Nest Drive
[circle] (Route 5595)
0.03 Mi
Hollow Oak Drive (Route 5597) - From Sugar
Hill Drive (Route 5593) to 0.05 mile south of
Sugar Hill Drive (Route 5593)
0.05 Mi
Hollow Oak Drive (Route 5597) - From Battlecreek
Drive (Route 5013) to Sugar Hill Drive (Route
5593)
0.06 Mi
Sugar Hill Court (Route 5594) - From Sugar Hill
Drive (Route 5593) to 0.03 mile north of Sugar
Hill Drive (Route 5593)
0.03 Mi
Sugar Hill Drive (Route 5593) - From Hollow Oak
Drive (Route 5597) to Intersection Sugar Hill
Court (Route 5594) and Hidden Nest Drive (Route
5595)
0.09 Mi
Sugar Hill Drive (Route 5593) - From Intersection
Sugar Hill Court (Route 5594) and Hidden Nest Drive
(Route 5595) to 0.05 mile east of Sugar Hill Court
(Route 5594) and Hidden Nest Drive (Route 5595)
0.05 Mi
BIRKDALE, SECTION 15
(Effective 11/25/03)
Spyglass Hill Circle (Route 5279) - From Spyglass
Hill Mews (Route 5609) to Spyglass Hill Mews (Route
5609)
0.02 Mi
04-31
01/14/04
Spyglass Hill Circle (Route 5279) - From Spyglass
Hill Crescent (Route 5608) to Spyglass Hill Mews
(Route 5609)
Spyglass Hill Circle (Route 5279) - From
Stonecreek Club Place (Route 5610) to Spyglass
Hill Crescent (Route 5608)
Spyglass Hill Circle (Route 5279) - From
Spyglass Hill Crescent (Route 5608) to
Stonecreek Club Place (Route 5610)
Spyglass Hill Circle (Route 5279) - From
Spyglass Hill Place (Route 5607) to Spyglass
Hill Place (Route 5607)
Spyglass Hill Circle (Route 5279) - From
Spyglass Hill Place (Route 5607) to Spyglass
Hill Crescent (Route 5608)
Spyglass Hill Circle (Route 5279) - From
Spyglass Hill Court (Route 5606) to Spyglass
Hill Place (Route 5607)
Spyglass Hill Court (Route 5606) - From
Spyglass Hill Circle (Route 5279) to Spyglass
Hill Circle (Route 5279)
Spyglass Hill Crescent (Route 5608) - From
Spyglass Hill Circle (Route 5279) to Spyglass
Hill Circle (Route 5279)
Spyglass Hill Mews (Route 5609) - From Spyglass
Hill Circle (Route 5279) to Spyglass Hill Circle
(Route 5279)
Spyglass Hill Place (Route 5607) - From Spyglass
Hill Circle (Route 5279) to Spyglass Hill Circle
(Route 5279)
Stonecreek Club Court (Route 5611) - From
Stonecreek Club Place (Route 5610) to Stonecreek
Club Place (Route 5610)
Stonecreek Club Place (Route 5610) - From
Stonecreek Club Court (Route 5611) to Stonecreek
Club Court (Route 5611)
Stonecreek Club Place (Route 5610) - From
Spyglass Hill Circle (Route 5279) to Stonecreek
Club Court (Route 5611)
Stonecreek Club Place (Route 5610) -- From
Stonecreek Club Court (Route 5611) to Cul-de-sac
BRANSFORD
(Effective 11/24/03)
Camberly Court (Route 5622) - From ()Id Buckingham
Road (Route 677) to Cul-de-sac
04 -32
0.06 Mi
0.02 Mi
0.02 Mi
0 02 Mi
0 10 Mi
0 04 Mi
0 07 Mi
0 05 Mi
0 07 Mi
0 04 Mi
0 05 Mi
0 02 Mi
0.06 Mi
0.07 Mi
0.07 Mi
0~/~4/04
COALBROOK, SECTION 3
(Effective 11/25/03)
Coalbrook Drive (Route 5529) - From Heth Drive
(Route 5530) to 0.17 mile northeast of Heth Drive
(Route 5530)
Coalbrook Drive (Route 5529) - From 0.03 mile
north of Grove Pond Drive (Route 5527) to Heth
Drive (Route 5530)
Heth Court (Route 5578) - From Heth Drive (Route
5530) to Heth Drive (Route 5530)
Heth Drive (Route 5530) - From Heth Court (Route
5578) to Heth Court (Route 5578)
Heth Drive (Route 5530) - From Heth Court (Route
5578) to 0.01 mile east of Heth Court (Route 5578)
Heth Drive (Route 5530) - From Coalbrook Drive
(Route 5529) to Heth Court (Route 5578)
FOX FIRE, SECTION 2
(Effective 11/25/03)
Fox Cove Circle (Route 5613) - From Fox Light
Parkway (Route 5534) to Cul-de-sac
Fox Cove Circle (Route 5613) - From Fox Light
Parkway (Route 5534) to Marsh Light Lane (Route
5612)
Fox Cove Circle (Route 5613) - From Marsh
Light Lane (Route 5612) to 0.01 mile south of
Marsh Light Lane (Route 5612)
Fox Light Parkway (Route 5534) - From 0.11 mile
east of Fox Marsh Drive (Route 5549) to Fox
Cove Circle (Route 5613)
Marsh Light Lane (Route 5612) - From Fox Light
Parkway (Route 5534) to Fox Cove Circle (Route
5613)
FOX FIRE, SECTION 3
(Effective 11/25/03)
Dusk Light Terrace (Route 5615) - From Fox
Light Parkway (Route 5534) to Cul-de-sac
Moss Light Place (Route 5614) - From Fox
Light Parkway (Route 5534) to Cul-de-sac
FOX FIRE, SECTION 4
(Effective 11/25/03)
Moss Fire Court (Route 5616) - From Fox Light
Parkway (Route 5534) to Cul-de-sac
04-33
0.17 Mi
0.04 Mi
0.05 Mi
0.02 Mi
0.01 Mi
0.05 Mi
0.32 Mi
0.04 Mi
0.01 Mi
0.04 Mi
0.27 Mi
0.20 Mi
0.14 Mi
0.12 Mi
01/14/04
STONEWOODMANOR, SECTION 1
(Effective 11/21/03)
Hickory Branch Circle (Route 5605) -From Hickory
Road (Route 628) to Cul-de-sac
Hickory Branch Drive (Route 5603) - From Old
Towne Creek Drive (Route 5604) to 0.04 mile
north of Old Towne Creek Drive (Route 5604)
Hickory Branch Drive (Route 5603) - From
Stonewood Manor Drive (Route 5602) to Old Towne
Creek Drive (Route 5604)
Hickory Branch Drive (Route 5603) - From
Stonewood Manor Drive (Route 5602) to 0.17 mile
west of Stonewood Manor Drive (Route 5602)
Old Towne Creek Drive (Route 5604) - From
Hickory Branch Drive (Route 5603) to 0.02
mile east of Hickory Branch Drive (Route 5603)
Stonewood Manor Drive (Route 5602) -From
Hickory Road (Route 628) to Hickory Branch
Drive (Route 5603)
Stonewood Manor Drive (Route 5602) -From
Hickory Branch Drive (Route 5603) to 0.16
mile north of Hickory Branch Drive (Route 5603)
SYCAMORE VILLAGE, SECTION B
(Effective 11/14/03)
Village Gate Drive (Route 5579) - From Village
View Drive (Route 5580) to Village Gate Place
(Route 5581)
Village Gate Drive (Route 5579) - From Village
Ridge Drive (Route 4673) to Village View Drive
(Route 5580)
Village Gate Drive (Route 5579) - From Village
Gate Place (Route 5581) to Cul-de-sac
Village Gate Place (Route 5581) - From Village
Gate Drive (Route 5579) to Cul-de-sac
Village View Drive (Route 5580) - From Village
Gate Drive (Route 5579) to Cul-de-sac
WATERMILL, PHASE 1
(Effective 11/10/03)
Billstone Drive (Route 5587) - From Rose Family
Drive (Route 5586) to Intersection ~ter Horse
Court (Route 5592) Billstone Place (Route 5588)
Billstone Place (Route 5588) - From Billstone
Drive (Route 5587) to Cul-de-sac
Holding Pond Court (Route 5591) - From Holding
Pond Lane (Route 5590) to Cul-de-sac
Holding Pond Lane (Route 5590) - From Water
House Drive (Route 5589) to Cul-de-sac
04-34
0.02 Mi
0.04 Mi
0.19 Mi
0.17 Mi
0.02 Mi
0.11 Mi
0.16 Mi
0.03 Mi
0.06 Mi
0.04 Mi
0.02 Mi
0.05 Mi
0.06 Mi
0.06 Mi
0.11 Mi
0.07 Mi
01/14/04
Holding Pond Lane (Route 5590) - From Holding
Pond Court (Route 5591) to Cul-de-sac
Holding Pond Lane (Route 5590) - From Water
House Drive (Route 5589) to Holding Pond Court
(Route 5591)
Rose Family Drive (Route 5586) - From Rose
Family Lane (Route 5585) to Billstone Drive
(Route 5587)
Rose Family Drive (Route 5586) - From Rose
Family Lane (Route 5585) to Cul-de-sac
Rose Family Drive (Route 5586) - From Billstone
Drive (Route 5587) to Cul-de-sac
Rose Family Lane (Route 5585) - From Windmill
Ridge Drive (Route 5584) to Rose Family Drive
(Route 5586)
Water Horse Court (Route 5592) - From Billstone
Drive (Route 5587) to Cul-de-sac
Water House Drive (Route 5589) - From Watermill
Parkway (Route 5583) to Holding Pond Lane (Route
559O)
Watermill Parkway (Route 5583) - From Old Hundred
Road (Route 652) to Windmill Ridge Drive (Route
5584)
Watermill Parkway (Route 5583) - From Windmill
Ridge Drive (Route 5584) to Water House Drive
(Route 5589)
Windmill Ridge Drive (Route 5584) - From
Watermill Parkway (Route 5583) to Rose Family
Lane (Route 5585)
Windmill Ridge Drive (Route 5584) - From
Rose Family Lane (Route 5585) to 0.02 mile east
of Rose Family Lane (Route 5585)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
12. DINNER
On motion of Mr.
recessed to the
dinner.
Barber, seconded by Mr. Miller,
Administration Building, Room
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Reconvening:
13. INVOCATION
Reverend Rick Nicely, Associate
Church, gave the invocation.
Pastor
0.04 Mi
04-35
0.15 Mi
0.09 Mi
0.11 Mi
0.11 Mi
0.06 Mi
0.06 Mi
0.05 Mi
0.15 Mi
0.18 Mi
0.06 Mi
0.02 Mi
the Board
502, for
of Salem Baptist
01/14/04
14. PL~DO~ OF ALLEGIANCE TO THE FLA~ OF THE UNITED STATES OF
AMERICA
Eagle Scout Elliott Cameron led the Pledge of Allegiance to
the flag of the United States of America.
15. RESOLUTIONS AND SPECIAL RECOONITIONS
o RECO~NIZIN~ THE HONORABLE ARTHUR S. WARREN AS 2003
CHAIRMAN OF THE BOARD OF SUPERVISORS
On motion of the Board, the following resolution was adopted:
WHEREAS, the Honorable Arthur S. Warren, Supervisor
representing the Clover Hill District, served as Chairman of
the Board of Supervisors from January 2003 to December 2003,
and during this period, demonstrated outstanding leadership
and insight in handling many diverse and challenging issues
facing the county; was responsive to the needs of citizens;
exhibited an unwavering dedication to maintaining a high
quality of life for Chesterfield County citizens; and
tirelessly promoted Chesterfield County as a FIRST CHOICE
community throughout the region, state, and nation; and
WHEREAS, Mr. Warren has consistently exhibited fairness,
integrity, compassion, and commitment that have been
recognized by the board, citizens, the business community,
and local and state officials; and
WHEREAS, under Mr. Warren's Chairmanship, the county
achieved many successes including maintaining the county's
AAA bond rating from each of the three major rating agencies;
addressing the challenges resulting from Hurricane Isabel,
with approximately 91% of expenditures being reimbursed to
the county; addressing the impact of unprecedented cuts in
funding from the state; implementing the Revenue Recovery
Program, in which to date actual revenue collections have
exceeded appropriations; approving a comprehensive agreement
for the construction of one high school under the Public-
Private Education Facilities and Infrastructure Act of 2002;
and Chesterfield County being recognized in the Congressional
Record for the exemplary way in which it has financially
supported Chesterfield County employees who are military
reservists, and their families, during periods of deployment;
and
WHEREAS, other successes under Mr. Warren's Chairmanship
include the county receiving 12 NACo Achievement Awards and
Public Affairs receiving 22 communication awards from NACIO;
receiving a federal grant to implement the Juvenile Drug
Court Program, which operates using a combination of
treatment, community supervision, and judicial intervention;
opening of the Clover Hill Police Support Facility, the
skatepark at the Manchester YMCA in partnership with the
YMCA, and Katie's Playground at Huguenot Park; completing
major renovations such as the baseball/softball facilities at
Rockwood Park and Bird Athletic Complex; amending the
comprehensive plan to add a unique plan for the Village of
Matoaca; amending the zoning ordinance to include unique
standards to preserve the historic character of the Village
04-36
01/14/04
of Matoaca; amending the zoning ordinance to include a
Conservation Subdivision residential district to preserve
environmental, cultural and historical resources; amending
the Subdivision Ordinance to resolve problems with lots that
violate county standards; expansions and new company
investments of $88 million and creation of 605 new jobs;
recruitment of Magellan Systems International, a producer of
specialty fibers and Hospitals Corporation of America (HCA)
which expanded its Patient Account Service Center in the
county; approving the county's contract for emergency removal
of disaster debris months before Hurricane Isabel struck,
enabling the county to respond immediately to the needs of
citizens after the storm; touring the county soon after
Hurricane Isabel to witness firsthand the devastation and
destruction to the Clover Hill District, as well as, the rest
of the county; and various transportation improvements
including the Genito Road widening from South Ridge Drive to
Fox Chase Lane, as well as Genito Road/Woolridge Road
intersection improvements.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 14tn day of January 2004,
publicly recognizes and applauds the untiring efforts
displayed by its 2003 Chairman, the Honorable Arthur S.
Warren.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors does hereby present Mr. Warren with a plaque
recognizing his distinguished service from January 2003 to
December 2003.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller presented the executed resolution, plaque and a
gift to Mr. Warren and expressed appreciation for his time
commitment and the leadership he provided as 2003 Chairman.
Mr. Warren expressed appreciation to the Board for its
support during his chairmanship and to staff for the
extraordinary services provided as a result of Hurricane
Isabel.
15.A. RECOGNIZING HR. ELLIOTT ALEXANDER CAMERON UPON
ATTAINING THE RANK OF EAGLE SCOUT
Mr. Hammer introduced Mr. Elliot Cameron 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 Pebruary 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,
04-37
01/14/04
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. Elliott Alexander Cameron, Troop 930,
sponsored by West Hopewell Presbyterian 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, Elliott 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 14th day of January 2004,
recognizes Mr. Elliott Alexander Cameron, 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: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. King presented the executed resolution and patch to Mr.
Cameron, accompanied by his mother, congratulated him on his
outstanding achievement, and wished him well in his future
endeavors.
Mr. Cameron expressed appreciation to
scoutmaster and others for their support.
his parents,
15.B. RECO~NIZIN~MR. JOHN HILLIARD FOR CONTRIBUTIONS TO THE
PARKS AND RECREATION ADVISOR¥ COMMISSION
Mr. Warren introduced Mr. John Hilliard who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission was established in 1993 by the Board of
Supervisors for the purpose of assessing the recreation needs
of the county, advising the Board of Supervisors and county
staff, and making specific recommendations on the most
equitable use of facilities; and
WHEREAS, Mr. John Hilliard was appointed as a member of
the commission representing the Midlothian Magisterial
District in 1996, and since that time has served the citizens
of Chesterfield County with distinction; and
WHEREAS, Mr. Hilliard served as Chairman of the
Athletics Activity Committee from 2000 through 2003 and
regularly resolved issues and brought forth policy
recommendations later adopted by the commission; and
04 -38,
01/14/04
WHEREAS, the commission provided guidance and direction
on development of ball field maintenance standards and
capital improvements for new facilities; and
WHEREAS, the commission set schedules for sports season
dates and recommended assignments of facilities to co-
sponsored leagues; and
WHEREAS, the commission strongly supported the passage
of the 1996 bond referendum and the resulting acquisition and
development of new parks and recreation facilities throughout
the county; and
WHEREAS, the commission developed a
volunteers recognition program, with the
ceremonies scheduled for Spring 2004; and
recreational
first awards
WHEREAS, Mr. Hilliard has contributed greatly to the
Chesterfield community through his own volunteerism, serving
as treasurer, officer and active participant for Huguenot
Little League.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 14tn day of January 2004,
publicly recognizes Mr. John Hilliard and commends his
dedicated and outstanding service to the Parks and Recreation
Advisory Commission and to the citizens of Chesterfield
County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Barber presented the executed resolution to Mr. Hilliard,
accompanied by members of his family, and expressed
appreciation for his contributions to the Parks and
Recreation Advisory Commission.
Mr. Hilliard expressed appreciation for the opportunity to
serve on the Parks and Recreation Advisory Commission. He
commended Parks and Recreation staff for their dedication to
serving the citizens of Chesterfield.
16. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 19
There were no requests for mobile home permits or rezoning on
the Consent Agenda.
18. PUBLIC HEARINGS
18.A. TO CONSIDER A~-NDMENTS TO THE PLAN FOR CHESTERFIELD
RELATING TO THE ETTRICK VILLAGE PLAN
Mr. Jacobson stated this date and time has been advertised
for a public hearing for the Board to consider amendments to
The Plan for Chesterfield relating to the Ettrick Village
0~-39
01/14/04
Plan. He introduced Mr. Steve Haasch to provide a summary of
the proposed amendments to the Ettrick Village Plan.
Mr. Haasch reviewed major components of the proposed
amendments, including identifying the Ettrick Village Core
area as a special place; lowering the recommended density
outside of the village core area to a maximum of 2.5 units
per acre; using the village commercial land use category for
the Chesterfield Avenue area; applying the village district
design standards to the Ettrick Village Core area and
recommending no additional R-MF or R-TH zoning within that
planned geography; reducing Chesterfield Avenue and East
River Road from 90-foot major arterials to 70-foot collector
roads, and upgrading Granger Street to a 70-foot collector
road.
Mr. Miller called for public comment.
Mr. David Robinson stated he supports the amendments as
presented, indicating that he particularly likes the
treatment of Randolph Farm; identification of historical
sites within the Ettrick Village; and mandatory connections
to water and sewer for future development in the village. He
suggested that a specific designation be included that the
use of Ettrick Station as a terminal for high speed rail is a
priority of the plan.
There being no one else to speak to the issue, the public
hearing was closed.
Mrs. Humphrey commended Mr. Haasch for his efforts in
development amendments to the Ettrick Village Plan. She
stated she specifically likes the ordinance changes relative
to multi-family zoning. She further stated the
transportation amendment is workable in the Ettrick Village,
and the proposal works with the desires of all residents on
Chesterfield Avenue. She requested that Mr. Ramsey direct
the Transportation Department to bring to the Board an
amendment similar to what Mr. Robinson suggested relative to
priority designation of the Ettrick Village Station as a
potential high speed rail hub.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved the amended Ettrick Village Plan. (It is noted a
copy of the amended plan is filed with the papers of this
Board.)
And, further, the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ~ENDING AND
RE-ENACTING SECTIONS 19-144, 19-600, 19-606, 19-608
AND 19-609 RELATING TO THE ETTRICK VILLAGE PLAN
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-144, 19-600, 19-606, 19-608 and 19-609
of the Code of the County of Chesterfield, 1997, as amended,
are amended and re-enacted to read as follows:
ARTICLE III. DI~TRICTS
04-40
01/14/04
o o o
DIVISION 18. C-1 CONVENIENCE BUSINESS DISTRICT
o o o
Sec. 19-144. Permitted uses by right.
Within any C-1 District, no buildings, structures or
Dremises shall be used, arranged or designed to be used
except for one or more of the following uses:
o o o
(i) Commercial parking lots within the Ettrick Village
Core.
Core.
(m)
o o o
Dwellings, single family within the Ettrick Village
ARTICLE VII.
o o o
DEVELOPMENT STANDARDS MANUAL
DIVISION 3.
o o o
DEVELOPMENT REQUIREMENTS - OFFICE, COMMERCIAL
AND INDUSTRIAL
o o o
Subdivision IV.
Devel opmen t Areas
Development Requirements - Post
ooo
Sec. 19-600. Areas of &pplicability and exemptions.
The post-development areas shall include all lands as
specified herein and which are located in office, commercial,
business and industrial districts. Post-developed areas
shall include:
(5)
o o o
Ettrick Community, bounded by Dupuy Road on the
north, the Colonial Heights corporate limits on the
east, the Petersburg corporate limits on the south
and the Seaboard Coastline Railroad on the west,
except for that area designated on the Ettrick
Village Plan as the Ettrick Village Core area.
o o o
Subdivision v.
Development Requirements - Village
District
o o o
Sec. 19-606. Areas of applicability and exemptions.
04-41
01/14/04
The village district shall include all lands specified
in this section.
o o o
(7)
The Ettrick Village Core, comprised of all that
area shown on the Chesterfield County zoning maps
as Ettrick Village Core or EVC.
o o o
Sec. 19-608. Exceptional development standards.
(a) Parking: Parking requirements in the village
district for indoor commercial recreational facilities; self-
service gasoline stations; office buildings of up to 26,500
square feet; restaurants, including fast-food and drive-in
restaurants; retail stores; personal services; repair shops;
banks; greenhouses; nursery centers; and lawn and garden
centers shall be based on the requirements for shopping
centers or similar retail groups of buildings as set forth in
section 19-513. Improved, designated parking spaces in a
public right-of-way may be counted toward the required number
of parking spaces so required when more than one-half of each
such space adjoins the site. Further, the required number of
parking spaces may be reduced iby ten percent if the
development contains a sidewalk or other pedestrian walkway
system that connects to existing walkways or that may be
connected to future walkways. In addition if approved by the
director of planning, in the Bon Air Village, a business may
reduce the required number of onsite parking spaces by pro-
rata if it has an agreement with another entity permitting
off-site parking on a lot located within the Bon Air Village
boundaries or within 1000 feet of the Bon Air Village
boundaries. Ail other requirements of division 1, subdivision
II of this manual shall apply as described. In the Ettrick
Village Core, the following uses shall be exempt from the
requirements of Section 19-513: offices having a gross floor
plan area which does not exceed five thousand (5,000) square
feet, restaurants and retail uses, including personal
services, repair shops, specialty shops and contractor
offices without heavy vehicles or equipment.
(b) Landscaping:
o o o
(2)
Ettrick Village Core: Ail development, except
commercial parking lots, shall be exempt from the
requirements of Article VII, Division 1,
Subdivision III. If off--street parking areas are
constructed in front of the building line or on a
lot without a building,, the following minimum
landscaping shall be required: a low hedge or low,
partially transparent fence along the front setback
line.
o o o
(c) External lighting: Except for lamps attached to a
building, the maximum height for lampposts shall be 20 feet.
All requirements of section 19-573 shall apply in the Ettrick
04-42:
01/14/04
Village Core; however, porch lights, gas lamps and period
lighting that is in keeping with the small scale pedestrian
oriented character of the village, and that do not use high
intensity discharge lamps, shall be exempted from said
requirements. Lamps attached to a building shall be no higher
than the roofline or parapet wall.
o o o
(h) Buffers and screening in the Ettrick Village Core:
Buffers required by section 19-523 shall not apply.
o o o
Sec. 19-609. Setback requirements for O and C Districts.
o o o
(f) Ettrick Village Core: If a uniform pattern of
setbacks, lot widths and building widths exists, infill
development should generally maintain existing spacing and
rhythm. Nothing in this subsection is intended to discourage
renovation or expansion of existing structures, except that
additions shall not extend farther into these setbacks than
the existing building(s). The minimum setbacks for all
buildings, drives and parking areas shall be as follows:
o o o
(2)
Side setbacks: The minimum side setback for
buildings, drives and parking areas shall be zero
feet, except when adjacent to a lot zoned for
residential use, in which case the minimum side
setback for buildings, drives and parking areas
shall be ten feet. The ten-foot setback for
driveways and parking areas may be reduced to zero
feet with the provision of a four-foot decorative
fence along the adjacent residential lot and the
ten-foot setback for buildings may be reduced to
zero feet provided that the walls facing an
adjacent residential property contain no openings.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17. HEARINGS OF CITIZENS ONUNSCHEDULED MATTERS OR CLAIMR
O MS. PATRICIA RADIGAN WILL ADDRESS T~R BOARD REGARDIN~
THE HAZARD MITIGATION PRO~RAM GRANT
Ms. Patricia Radigan described the flooding that has occurred
since she purchased her home, which is located in a flood
plain, in February 2002, and expressed concerns that flood
insurance does not provide the coverage she expected. She
stated she has been unable to find a solution to the problem.
She further stated the federal government provided a solution
in 1993 by establishing a Hazard Mitigation Program Grant for
counties to acquire properties to prevent them from
continuing to be a chronic flooding problem. She stated the
04-43
01/14/04
program provides the county with 75 percent of the money
needed to purchase the property at. pre-flood market value,
and her own insurance proceeds can be used for the remaining
25 percent so that the county could purchase the home at no
cost to county taxpayers. She further stated she cannot
apply for the grant herself; it must be done by the county on
behalf of individual citizens. She stated March 1, 2004 is
the deadline for the application to be submitted to the
state, and the state will review all applications and decide
upon the most high priority properties. She further stated
she feels her property is a prime candidate given its
flooding history and the fact that she is willing to allow
her home to be bought out rather tlhan merely elevated above
the flood plain. She stated there would be no cost to the
county for an appraisal or survey because this has recently
been done. She further stated there are no other obligations
of the county regarding infrastructure improvements other
than buying out the houses specifically named on the grant.
She stated the property would make an excellent two-acre park
for the county, and the federal government would benefit by
not having to pay claims through the National Flood Insurance
Program every time her house floods. She requested that the
Board authorize staff to apply for the Hazard Mitigation
Program grant to purchase her property.
Discussion ensued between Mr. Miller and Ms. Radigan relative
to her knowledge of the home being located in a floodplain
prior to purchasing the property.
Mrs. Humphrey inquired whether the other neighbors would be
joining in the request.
Ms. Radigan stated two of the four property owners have
expressed an interest in the grant.
Mr. Ramsey stated the county would be required to prepare a
hazard mitigation plan prior to applying for the grant. He
further stated both the Richmond Regional Planning District
Commission and the Crater Planning District Commission are in
the process of assisting with the preparation of these plans
for all of the local governments in the region as a regional
project.
Mr. Miller inquired whether the county would be obligated to
move forward if the application is approved and also whether
the county would be obligated to offer the same option to
other property owners in the same situation.
Mr. Ramsey stated there is no obligation, to his knowledge,
for the county to proceed if the application is approved. He
further stated it is his understanding the application is
only for damage that occurred during Hurricane Isabel. He
stated he does not feel it would set a precedent to apply for
the grant funds on behalf of Ms. Radigan. He further stated,
if the Board approves Ms. Radigan's request, staff would like
to approach the other property owners on Beach Road with the
same terms.
Mr. Miller requested that the Board consider moving forward
with Ms. Radigan's request to apply for Hazard Mitigation
Program grant funds on her behalf.
04 -44,
01/14/04
Mr. Barber stated he feels it is very clear that this is the
right course of action for the Board to take.
Mr. Miller made a motion, seconded by Mrs. Humphrey, for the
Board to authorize County Administration to file a Hazard
Mitigation Program grant application for the properties
identified in the papers of this Board, including the
property of Ms. Patricia Radigan.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
18.B. TO CONSIDER INCREASING THE APPROPRIATION OF
ANTICIPATED REIMBURSEMENTS FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY AND THE STATE DEPARTMENT OF
EMERGENCY MANAGEMENT BY ANADDITIONAL $10,500,000 FOR
HURRICANE ISABEL DEBRIS PICK-UP
Mr. Pitaro stated this date and time has been advertised for
a public hearing for the Board to consider increasing the
appropriation of anticipated reimbursements from the Federal
Emergency Management Agency (FEMA) and the State Department
of Emergency Management by an additional $10,500,000 for
Hurricane Isabel debris pick-up.
When asked, Mr. Pitaro stated the county has spent
approximately $9.8 million to date for the debris pick-up
program and has received approximately $900,000 in FEMA
reimbursements. He further stated it is his understanding
that the county will receive 75 percent reimbursement from
FEMA, 16 percent from the state and possibly a three percent
administrative cost reimbursement.
Mr. Ramsey stated the $1.5 million appropriated by the Board
on September 21, 2003 should be sufficient to cover the
unreimbursed costs.
When asked, Mr. Pitaro stated 61,578 free drop-offs were
collected, accumulating approximately 400,000 cubic yards of
debris; 116 days of curbside pick-up was provided,
accumulating over 600,000 cubic yards of debris; and 28,600
homes received curbside debris pick-up.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
increased the appropriation of additional anticipated
reimbursements of $10,500,000 from the Federal Emergency
Management Agency (FEMA) and the State Department of
Emergency Management for Hurricane Isabel debris pick-up.
Ayes:
Nays:
Miller, Barber, Humphrey, King and Warren.
None.
04-45
01/14/04
18.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE RUFFIN MILL-PHASE II WATERLINE
PROJECT
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of permanent and temporary
construction easements for the Ruffin Mill-Phase II waterline
project.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Barber, the Board
approved the exercise of eminent domain for the acquisition
of permanent and temporary construction easements for the
Ruffin Mill-Phase II waterline project and authorized the
county to enter and take such easements prior to eminent
domain proceedings.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
18.D. TO CONSIDER VACATION OF A PORTION OF AN UNIMPROVED
RIGHT OF WAY KNOWN AS SEVERN AVENUE WITHIN PLAN OF
CRESCENT PARK
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of an unimproved right of way known as
Severn Avenue within Plan of Crescent Park.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Barber,
adopted the following ordinance:
the Board
AN ORDINANCE whereby the C0~TY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to DONALD L. CROOK
and PHYLLIS ELDER CROOK, (husband and wife) and
CHESTER INVESTMENTS, LLC, ("GRANTEE"), a portion
of an unimproved right of way known as Severn
Avenue within Plan of Crescent Park, BERMUDA
Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 4, at Page 110.
WHEREAS, DONALD L. CROOK and PHYLLIS ELDER CROOK,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a portion of an unimproved right of way
known as Severn Avenue within Plan of Crescent Park, BERMUDA
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 4, Page 110,
by J. TEMPLE WADDILL, dated MAY 6, 1928. The portion of
right of way petitioned to be vacated is more fully described
as follows:
04 -46;
01/14/04
A portion of an unimproved right of way known as
Severn Avenue within Plan of Crescent Park, the
location of which is more fully shown on a plat
made by J. TEMPLE WADDILL, dated MAY 6, 1928, a
copy of which is attached hereto and made a part of
this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of right of
way be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the portion of right of
way hereby vacated in the abutting property owners within
Plan of Crescent Park Subdivision free and clear of any
rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and DONALD L.
CROOK and PHYLLIS ELDER CROOK, (husband and wife), and
CHESTER INVESTMENTS, LLC, or their successors in title, as
GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
18.E. TO CONSIDER VACATION OF AN EIGHT-FOOT EASEMENT ACROSS
LOT 64, ED~EWATER AT THE RESERVOIR, SECTION 6
Mr. Stith stated this date and time has been advertised for
the Board to consider an ordinance to vacate an eight-foot
easement across Lot 64, Edgewater at the Reservoir, Section
6.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adopted the following ordinance:
04 -47
01/14/04
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to W. V. MCCLURE,
INC., a Virginia corporation, t/a MAIN STREET
HOMES, ("GRANTEE"), an 8' easement across Lot 64,
Edgewater At The Reservoir, Section 6, MATOACA
Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 131, at Page 23.
WHEREAS, MAIN STREET HOMES, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate an 8'
easement across Lot 64, Edgewater At The Reservoir, Section
6, MATOACA Magisterial District., Chesterfield County,
Virginia more particularly shown on a plat of record in the
Clerk's Office of the Circuit Court of said County in Plat
Book 131, Page 23, by TIMMONS, dated MAY 31, 2002, revised
AUGUST 30, 2002, and recorded JANUARY 7, 2003. The easement
petitioned to be vacated is more fully described as follows:
An 8' easement, across Lot 64, Edgewater At The
Reservoir, Section 6, the location of which is more
fully shown on a plat made by BALZER AND
ASSOCIATES, INC., dated FEBRUAiRY 22, 2003, revised
JUNE 11, 2003, OCTOBER 10, 2003 and OCTOBER 28,
2003, a copy of which is attached hereto and made a
part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the easement sought to be vacated[.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easement be and is
hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the easement hereby vacated in the
property owner of Lot 64, Edgewater At The Reservoir, Section
6 free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and W. V.
MCCLURE, INC., a Virginia corporation, t/a MAIN STREET HOMES,
or its successors in title, as GRANS~EE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-4~
01/14/04
19. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
03SN0312
In Matoaca Magisterial District, VICTOR P. MORRISSETTE
requests rezoning and amendment of zoning district map from
Residential (R-25) to Agricultural (A). Residential use of
up to 1.0 unit per acre is permitted in an Agricultural (A)
District. The Comprehensive Plan suggests the property is
appropriate for residential use of 1 to 5 acre lots, suited
for Residential (R-88) zoning. This request lies on 67.3
acres fronting approximately 1,200 feet on the south line of
Beach Road approximately 400 feet east of Buckhorn Road, also
fronting in two (2) places for a total of approximately 220
feet on the east line of Buckhorn Road approximately 800 feet
south of Beach Road. Tax IDs 740-650-6868; 740-651-3549,
6254 and 8357; 741-651-0661 and 3165 (Sheet 24).
Mr. Jacobson presented a summary of Case 03SN0312 and stated
the Planning Commission and staff recommend denial because
the proposed zoning and land use fail to conform with the
Southern and Western Area Plan or the Thoroughfare Plan. He
further stated the applicant has submitted an addendum
providing one proffered condition indicating that a deed
restriction would state that manufactured homes would not be
permitted on the property.
Discussion ensued relative to the necessity to eliminate or
relocate the proposed road from the Thoroughfare Plan if the
request is approved.
Mr. McCracken stated transportation cash proffers have not
been offered by the applicant.
When asked, Mr. Jacobson stated the only agricultural use
that would be restricted by the proffered condition is
manufactured homes, and all other agricultural uses would be
permitted on the property if the request is approved.
Mr. Harley Joseph, representing the applicant, stated the
current developer has already recorded the lots and was not
made aware of the requirement to construct 1.5 miles of
offsite water line until he applied for the building permits.
He further stated the applicant plans to construct six brick
homes on the property, indicating that the adjacent property
owners support a large lot subdivision.
In response to a question from Mr. King, Mr. McCracken stated
approval of the request would necessitate that either the
county eliminate a proposed north/south road from the Plan;
find a new location on other property; or build the road, as
a public project, across the subject development.
Mr. King stated he has always advocated following the Plan
when making zoning decisions.
Mrs. Humphrey stated she feels the Board should take note
when a developer comes forward and asks for downzoning,
indicating that the current R-25 zoning is not consistent
with the current Southern and Western Plan. She noted that
the proposed Agricultural (A) zoning is consistent to the
04-49
01/14/04
north, south and west of the property. She stated the
applicant has left two venues into the neighborhood in the
event that future properties to the west or the south
develop. She further stated the .adjoining property owners
support the request. She stated a swamp is located on the
back of the property and she does not feel a connector road
could be constructed at this location. She further stated
she supports the proposed request.
Discussion ensued relative to the number of lots that could
be yielded on the subject property under the current R-25
zoning.
When asked, Mr. Jacobson stated the requirement for public
water is a timing tool, and a developer could not build on
the subject property under the current R-25 zoning until
other development occurs that brings public water closer to
the property.
Mr. Warren excused himself from the meeting.
Mrs. Humphrey stated some residents have expressed that they
do not want public water in that section of Beach Road.
Mr. Barber stated he cannot support the request based on
Planning staff and the Planning Commission's recommendations.
Discussion ensued relative to the setback that would be
required on the subject property.
Mr. Warren returned to the meeting.
Mr. Miller called for public comment.
Ms. Shirley Dillar inquired whether the water on the property
might be affected because of the swamp.
Mrs. Humphrey assured Ms. Dillar that the swamp would not
affect the water on the subject property.
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey made a motion for the Board to approve Case
03SN0312.
Mr. Miller seconded Mrs.
discussion.
Humphrey's motion to allow for
Mr. Micas stated the Board would need a motion to suspend its
rules to allow for the proffered condition.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules to allow for the proffered condition.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Miller, for the Board to approve Case
03SN0312. ~
Ayes: Humphrey.
Nays: Barber, King and Warren.
Abstain: Miller.
Mr. Micas stated the Board must now adopt a motion to dispose
of the zoning case.
04 -50
0~/~4/04
Mrs. Humphrey made a motion, seconded by Mr. Miller, made a
request that the Board deny Case 03SN0312.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
20. ADJOURNMENT
On motion of Mr. Barber, seconded by Mr. Warren, the Board
adjourned at 8:32 p.m. until January 28, 2004 at 3:30 p.m.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Lane B. Ramsey ~
County Administrator
~J~/---.~Ko 11 y E.'
"~I~ 1 ler
Cha i rman ~
04-51
01/14/04