04-26-2000 MinutesBOARD OF SUPERVISORS
MINUTES
April 26, 2000
Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mrs. Renny B. Humphrey, Vice Chrm.
Mr. Edward B. Barber
Mr. J. L. McHale, III
Mr. Kelly E. Miller
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr Roy Covington, Asst.
Dir., Utilities
Ms Becky Dickson, Dir.,
Budget and Management
Mr James Dunn, Dir.,
Economic Development
Mr William D. Dupler,
Building Official
Ms Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Ms. Karla J. Gerner, Dir.
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. Russell Harris,
County Ombudsman
Major David Hutton,
Sheriff's Office
Mr Thomas E. Jacobson,
Dir., Planning
Mr Donald Kappel, Dir.,
Public Affairs
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Mr Francis Pitaro, Dir.,
General Services
Mr James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas A. Taylor, Dir.
Block Grant Office
Dr. Robert Wagenknecht,
Dir., Libraries
4/2 /oo
00-285
Mr. Warren called the regularly scheduled meeting to order at
4:03 p.m.
1. COUNTY ADMINISTRATOR'S COMMENTS
There were no County Administrator's Comments at this time.
2. BOARD COMMITTEE REPORTS
Mr. McHale stated that he attended the Child Protective
Services breakfast and awards ceremony today. He further
stated that the Award for Excellence in Child Abuse and Neglect
Prevention was presented to Police Officer Matthew Botset and
his wife Diana for their contributions to foster care and noted
the significance of members of the Police Department serving as
examples in the community.
Mr. Barber stated that Huguenot Little League hosts a
Challenger Little League which provides the opportunity for
handicapped children to play little league baseball. He
further stated that the Board members have been invited to
attend opening day for the Challenger Little League on April
29, 2000.
After brief discussion, Mr. McHale made a motion, seconded by
Mr. Barber, for the Board to suspend its rules to add Item
2.A., Amendment of the "2000 Procedures of the Board of
Supervisors."
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
2.A. AMENDMENT OF THE ~2000 PROCEDURES OF THE BOARD OF
SUPERVISORS
Mr. Warren stated that he feels the proposed new procedure will
make the Board more open to the public, more accessible, and
will permit more public comment to assist Board members when
voting on issues. He further stated that the new procedure
specifically addresses issues relating to the Consent Agenda.
He stated that the procedure would permit public comment for up
to three minutes and that he feels it would provide another
mechanism for citizens to voice 'their concerns. He further
stated that the Board's procedures are annually reviewed at
their organizational meeting in January and that, if the new
procedure is adopted and works well, it will presumably
continue for 2001.
When asked, Mr. Micas stated that the Board's current practice
permits individual Board members to remove an item from the
Consent Agenda solely for Board discussion and that practice
would continue under the proposed amendment. He further stated
that, if the Board adopts the proposed amendment, consent items
may be opened for public commen~ for up to three minutes,
following a motion and majority vote by the full Board.
Mr. Miller expressed concerns relative to lack of public notice
for discussion of items on the Consent Agenda by the public and
to the possibility of individuals receiving their own personal
hearing on an issue.
00-286
4/26/00
Mr. Barber stated that he had concerns similar to Mr. Miller's.
He further stated that the Consent Agenda will still be
conducted as it has in the past relative to Board discussion of
items. He stated that, after hearing public comment on an item
on the Consent Agenda, the Board would always have the
discretion to schedule a public hearing if the issue is of
importance and the comments are influential.
Mr. McHale stated that he feels the procedure will permit the
Board to be more responsive to citizens' concerns when
addressing issues. He further stated that, after hearing
public comment, the Board would have the option of deferring
action or advertising for a public hearing in an effort to
alleviate unfair advantages for either side of an issue before
the Board.
Mrs. Humphrey stated that she feels the Board has always
provided the public with an opportunity to speak within the
community to an agenda item, whether it be controversial or
not. She further stated that the new procedure represents an
additional tool by which the process for public comment is
strengthened. She expressed concerns relative to lack of
public process within the Federal and State government and
agencies and stated that she will support the recommendation
for the new procedure.
Mr. Warren made a motion, seconded by Mr. McHale, for the Board
to amend the "2000 Procedures of the Board of Supervisors" by
adding a new Section 7, effective for the calendar year 2000 or
whenever the Board adopts new procedures for citizen
participation at meetings, as follows:
Section 7. Any person may publicly speak to an item on
that meeting's "Consent Agenda" for up to three minutes so long
as the Board votes to remove'a consenE item from the consent
agenda for public comment.
Mr. McHale: Aye.
Mr. Barber: Aye.
Mr. Miller: Aye.
Mrs. Humphrey: Aye.
Mr. Warren: Aye.
o
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN
THE ORDER OF PRESENTATION
On motion of Mr. Barber, seconded by Mr. McHale, the Board
moved Item 7.D.2.e., Resolution Recognizing the 30th
Anniversary of the Friends of the Library, to follow Item
13.D., Resolution Recognizing the Cheer Challenge Senior All-
Stars for their Outstanding Representation of Chesterfield
County; deleted Item 7.D.12.b., Authorization to Exercise
Eminent Domain for the Acquisition of Easements for the
Midlothian Turnpike-US Route 60 Waterline from William E.
Schuiling; deleted Item 7.D.12.f., Authorization to Exercise
Eminent Domain for the Acquisition of Easements for the
Midlothian Turnpike-US Route 60 Waterline from M. H.
Associates; deleted Item 7.D.12.g., Authorization to Exercise
Eminent Domain for the Acquisition of Easements for the
Midlothian Turnpike-US Route 60 Waterline from Joel Sigmund
Notes and Wanda Carroll Notes; and Wanda Carroll Notes, Philip
Notes and Ralph R. Polacheck, Trustees for Abbey Notes, Renee
4/2 /oo
00-287
Notes and Evan Notes; deleted Item 7.D.15., Initiation of an
Application to Amend a Conditional Use Permit for a Water Tank
and Pump Station on Coalfield Road; deleted Item 13.B.,
Resolution Recognizing May 21-27, 2000, as "Volunteer Rescue
Squad Week"; and adopted the Agenda, as amended.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
4. RESOLUTIONS AND SPECIAL RECOGNITIONS
4 .A.
RECOGNIZING APRIL 23-29, 2000, AS "ADMINISTRATIVE
PROFESSIONALS WEEK"
MS. Cindy Taylor, Employee Relations Administrator, introduced
Ms. Corinne Kirkland, Ms. Bonnie Bowles, Ms. Joan Brown, Ms.
Angie Wilderman, Ms. Marilyn Parham and Ms. Juanita Wolfe-
Cersley, members of the Old Dominion and Tri-Cities Chapters of
the International Association of Administrative Professionals
(IAAP), who were present to receive the resolution.
Ms. Wolfe-Cersley, Administrative Assistant in the Building
Inspection Department, expressed appreciation to the Board for
recognizing Chesterfield County administrative professionals.
On motion of the Board, the following resolution was adopted:
WHEREAS, administrative professionals including
administrative assistants, office supervisors and secretaries,
comprise the largest segment of the office workforce; and
WHEREAS, administrative professionals serve as vital
information hubs in the modern office, managing information,
organizing the office and mastering office technology; and
WHEREAS, "Administrative Professionals Week" highlights
the major contributions of administrative professionals to
business and government; and
WHEREAS, the International Association of Administrative
Professionals (IA_AP) and its local chapters provide
administrative professionals with education and leadership
training, networking opportunities, certification programs and
other career-enhancing resources while also advancing the image
of the profession.
NOW, THEREFORE BE IT RESOLVED, that the Board of
Supervisors of Chesterfield County, Virginia, hereby recognizes
the week of April 23-29, 2000, as "Administrative Professionals
Week" and calls on management and the business community
everywhere to join in recognizing these outstanding
professionals and to provide them with training and support to
continue their professional growth, especially on Wednesday,
April 26, 2000, "Administrative Professionals Day."
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Wolfe-
Cersley, President of the Tri-Cities Chapter of the IAAP, and
also to Ms. Bowles, representing the Old Dominion Chapter of
the IA_AP, and expressed appreciation to all County
administrative professionals for their dedication and
/26/oo
00-288
contributions to the County.
Mr. Ramsey expressed appreciation for the outstanding customer
service provided by administrative professionals in the County.
4.B.
RECOGNIZING MAY 14-20, 2000, AS ~INDUSTRY APPRECIATION
WEEK"
Mr. Dunn introduced Mr. Walter Herter and Mrs. Rita Herter of
Pohlig Brothers, Incorporated; Mr. Robert Cacciotti and Mrs.
Cheryl Cacciotti of High-Tech Machine Manufacturing,
Incorporated; Mr. Tony Trubisz and Mr. Paul Rogosienski of
Columbia Gas of Virginia; and Ms. Brenda Longest, Acting Deputy
Commander of Defense Supply Center Richmond (DSCR), and Ms.
Mary Studevant, Executive Staff Officer of DSCR, who were
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County has been blessed with a
strong manufacturing base throughout its history beginning with
the Falling Creek Iron Works and continuing today as the home
of diverse manufacturers making an array of products ranging
from specialty synthetic fibers and gas turbines to medical
devices and food products; and
WHEREAS, these County manufacturers are both domestically
and internationally based and range in size from very small
entrepreneurial companies to large companies employing more
than 3,234 people, as well as more than 180 manufacturing
facilities who employ 12,995 or more than 12.4 percent of the
jobs in the County; and
WHEREAS, manufacturing wages total more than $618 million
annually with an average salary of $47,580, comprising almost
20 percent of the wages paid by all businesses in Chesterfield
County; and
WHEREAS, five of the top ten real estate taxpayers in
Chesterfield County are manufacturers and they alone have
assessments of more than $1.2 billion; and
WHEREAS, businesses do not require many of the same
services the County provides to its citizens such as schools,
libraries, parks and recreation, and social service programs;
however, business tax revenues are critical in offsetting the
cost of these services required by our rapidly growing
residential sector; and
WHEREAS, industry takes an active role in making the
community a better place through their commitment to charitable
organizations, schools, recreation, the arts and other
worthwhile endeavors; and
WHEREAS, more than $68.9 million has been invested by
industry thus far in fiscal year 2000, and the total impact of
industry establishes it as a fundamental part of Chesterfield's
local economy and helps support our high quality of life.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the week of May
14-20, 2000, as "Industry Appreciation Week" and expresses
gratitude, on behalf of the County, to the industry located in
4/26/00
00-289
Chesterfield for their numerous contributions over the years.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
Mr. Warren presented executed resolutions to Mr. Herter, Mr.
Cacciotti, Mr. Trubisz and Ms. Longest, accompanied by Mr.
Ramsey and Mr. Dunn, and expressed appreciation for the
contributions of industry in the County.
Mr. Ramsey expressed appreciation to the industry
representatives for making Chesterfield County a "first choice
business community." He commended DSCR upon their recent
receipt of the Senate Productivity and Quality Award for
Continuing Excellence.
Mr. Cacciotti, Mr. Herter, Ms. Longest and Mr. Trubisz each
expressed appreciation to the Board for the recognition.
Mrs. Humphrey requested that the County Administrator prepare
a statement relative to Chesterfield being the first locality
whose local government, school system and largest federal
employer are all recipients of the Senate Productivity and
Quality Award for Continuing Excellence.
5. WORK SESSIONS
There were no Work Sessions at this time.
6. DEFERRED ITEMS
There were no Deferred Items at this time.
7. NEW BUSINESS
7.A. CONSIDERATION OF ELECTRONIC MESSAGE CENTER POLICY
Mr. Jacobson stated that the Planning Commission and Board each
adopted a policy to guide the location and design of electronic
message centers. He further stated that, because of the
differences in the two policies, the Board directed the
Planning Commission to review the two policies and make
recommendations for a single policy to guide the message
centers. He stated that the Planning Commission is
recommending 2,000 feet for spacing between signs and noted
that, depending upon the circumstances, the space could be
significantly lesser. He further stated that the Planning
Commission is recommending ten second intervals for the timing
of message changes and, under certain circumstances, five
second intervals. He stated that the Planning Commission is
recommending that certain corridor areas, including Hull Street
between Chippenham Parkway and Courthouse Road, Courthouse Road
between Routes 60 and 360, as well as the Historic Courthouse
area, be added to the areas which are currently prohibited
under the Board's electronic message center policy. He further
stated that staff recommends that the Board refer technical
amendments to the zoning ordinance to the Planning Commission
to clarify the adopted policy.
Mr. Miller requested the addition of Route 10 and Hopkins Road
as areas prohibiting electronic message centers.
4/26/00
00-290
Mrs. Humphrey requested that electronic message centers be
prohibited on the Hull Street Corridor from the Amelia County
line to Chippenham Parkway.
When asked, Mr. Jacobson stated that, when there is a
difference between the policies of the two bodies, Planning
staff always refers to the Board's policy when making
recommendations. He further stated that, with the exception of
the electronic message center policy, he is unaware of any
other Planning Commission policies that deviate from the
Board's.
Mrs. Humphrey made a motion for the Board to approve the
Planning Commission's recommendation for an electronic message
center policy, including the Route 10 Corridor and the Hull
Street Corridor amendments.
Mr. Miller requested that the Route 10 Corridor from Chippenham
Parkway to the Courthouse and the entire length of Hopkins Road
be added to the areas prohibiting electronic message centers.
Mrs. Humphrey restated her motion for the Board to approve the
Planning Commission's recommendation for an electronic message
center policy, including the addition of the Route 10 Corridor
from Chippenham Parkway to the Courthouse, the entire length of
Hopkins Road and the Hull Street Corridor from the Amelia
County line to Chippenham Parkway as areas prohibiting
electronic message centers; and refer zoning ordinance
amendments to the Planning Commission to clarify the adopted
policy.
Mr. Miller seconded the motion.
There was brief discussion relative to emerging growth issues.
Mr. Warren called for the motion of Mrs. Humphrey, seconded by
Mr. Miller, for the Board to approve the Planning Commission's
recommendation for an electronic message center policy,
including the addition of the Route 10 Corridor from Chippenham
Parkway to the Courthouse, the entire length of Hopkins Road
and the Hull Street Corridor from the Amelia County line to
Chippenham Parkway as areas prohibiting electronic message
centers; and refer zoning ordinance amendments to the Planning
Commission to clarify the adopted policy.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
B. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment/reappointment of members to serve on the
Drug and Alcohol Abuse Task Force and the Camp Baker Management
Board.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
/2 /oo
00-291
7.B.1. DRUG AND ALCOHOL ABUSE TASK FORCE
On motion of Mr. Miller, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Ms. Deborah Tucker,
representing the Dale District, and Ms. Carolyn Waller,
representing the Clover Hill District, to serve on the Drug and
Alcohol Abuse Task Force, whose terms are effective immediately
and will be at the pleasure of the Board.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7. B. 2. CAMP BAKER MANAGEMENT BOARD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
simultaneously nominated/reappointed Mr. Lawrence C. Hatton,
representing the Bermuda District, to serve on the Camp Baker
Management Board, whose term is effective May 1, 2000, and will
expire April 30, 2003.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.C. STREETLIGHT INSTALLATION COST APPROVALS
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Barber, the Board approved the following streetlight
installation cost approvals:
Bermuda District
* Chalkley Road, vicinity of 10300
Cost to install light: $1,994.03
* Sherbourne Road, vicinity of 2423
Cost to install light: $1,999.54
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D. CONSENT ITEMS
7.D.1. REQUESTS FOR FIREWORKS DISPLAYS
7.D.l.a. AT CHESTERFIELD COUNTY FAIRGROUNDS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from the Parks and Recreation Department to
stage a fireworks display at the Chesterfield County
Fairgrounds on July 4, 2000, with no rain date.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00-292
4/26/00
7 .D. 1 .b. AT THE SUNDAY PARK PENINSULA OF BRANDERMILL
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from the Brandermill Community Association
to stage a fireworks display at the Sunday Park Peninsula of
Brandermill on July 4, 2000, with a rain date of July 5, 2000.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.2. ADOPTION OF RESOLUTIONS
7.D.2.a.
RECOGNIZING MAY 14-20, 2000, AS ~NATIONAL LAW
ENFORCEMENT WEEK"
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's seven strategic
goals is "to be the safest and most secure community of its
size in the USW'; and
WHEREAS, no human aspiration is more fundamental and
important than safety of family, self and others whom we hold
dear; and
WHEREAS, the dedicated, loyal and brave members of the
various law enforcement agencies that operate in Chesterfield
County provide an invaluable service to all citizens; and
WHEREAS, this service, provided 24 hours-a-day, 365 days-
a-year, is the foundation upon which our quality of life rests;
and
WHEREAS, the week of May 14-20, 2000, is widely recognized
across the nation as "National Law Enforcement Week"; and
WHEREAS, Chesterfield County is proud and honored to have
such outstanding and professional individuals serving as law
enforcement officers in the County to protect the health,
safety and welfare of its citizenry.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
14-20, 2000, as "National Law Enforcement Wee~ in Chesterfield
County and calls this recognition to the attention of all its
citizens.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.2.b. RECOGNIZING MR. RAYMOND PORTER ON HIS 100TH
BIRTHDAY
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Mr. Raymond Porter was born in Powhatan County
on May 19, 1900, and accordingly will mark his centennial on
May 19, 2000; and
O0
WHEREAS, Mr. Porter has been married to Ms. Marion Bradley
Porter for 59 years; and
WHEREAS, Mr. Porter was employed by American Tobacco for
approximately 30 years; and
WHEREAS, Mr. Porter loves the great outdoors, including
hunting, fishing and working in his garden; and
WHEREAS, Mr. Porter is a member of Branch's Baptist
Church; and
WHEREAS, Mr. Porter is an avid walker at Cloverleaf Mall
and a member of the Romeos; and
WHEREAS, Mr. Porter lived in Chesterfield County from 1953
until annexation in 1972 moved back into Chesterfield County in
1998.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the significant
contributions of Mr. Raymond Porter, wishes him a happy 100th
birthday, and is proud to have him as a resident of
Chesterfield County.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7 .D.2 .c.
RECOGNIZING MR. LEE HASKINS, UTILITIES DEPARTMENT,
UPON HIS RETIRY_/~ENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Mr. Lee J. Haskins will retire from the
Chesterfield County Utilities Department on April 28, 2000; and
WHEREAS, Mr. Haskins has provided 27 years of outstanding
service to the citizens of Chesterfield County; and
WHEREAS, Mr. Haskins was one of the first employees in the
Department's wastewater collections section when the County
utility system was in its infancy; and
WHEREAS, Mr. Haskins, along with the growth of the
County's utility system, developed into a valuable employee,
faithfully serving the County as a Senior Utility Worker; and
WHEREAS, in the course of his career, Mr. Haskins has been
involved in virtually every aspect of wastewater collections
operations and maintenance, including pumping stations, heavy
and light equipment operations, easement maintenance,
after-hours calls and responding to citizen's requests for
service; and
WHEREAS, with his accumulated skills and knowledge, Mr.
Haskins has freely and willingly trained and mentored dozens of
new employees during his employment; and
WHEREAS, Mr. Haskins was an employee dedicated to
providing excellent customer service; and
WHEREAS, Chesterfield County and the Board of Supervisors
4/26/00
00-294
will miss Mr. Haskins' diligent service.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby recognizes Mr. Lee J.
Haskins and extends on behalf of its members and the citizens
of Chesterfield County, their appreciation for his service to
the County, their congratulations upon his retirement, and
their best wishes for a long and happy retirement.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.2.d. REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO TRANSFER CHESTERFIELD ROAD FUNDS FROM THE GENITO
ROAD WIDENING PROJECT TO THE SURREYWOOD SUBDIVISION
STREET PAVING PROJECT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Secondary Road Six Year Improvement Plan
includes paving the streets in Surreywood Subdivision; and
WHEREAS, the Virginia Department of Transportation and the
Chesterfield County Board of Supervisors desire to pave the
streets as soon as possible.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors requests the Virginia Department of
Transportation to transfer $200,000 from the FY97-98
Chesterfield Road Funds allocated to the Genito Road (Route 360
to Fox Chase Lane) Widening Project to the Surreywood
Subdivision Street Paving Project.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7 .D .2 .f.
RECOGNIZING APRIL 30 - MAY 6, 2000, AS ~M~NICIPAL
CLERKS WEEK"
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Office of the Municipal Clerk, a time honored
and vital part of local government exists throughout the world;
and
WHEREAS, the Office of the Municipal Clerk is the oldest
among public servants; and
WHEREAS, the Office of the Municipal Clerk provides the
professional link between the citizens, the local governing
bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful
of their neutrality and impartiality, rendering equal service
to all; and
WHEREAS, Municipal Clerks serve as the information center
on functions of local government and the community; and
WHEREAS, Municipal Clerks continually strive to improve
4/26/00
00-295
the administration of the affairs of the Office of the
Municipal Clerk through participation in education programs,
seminars, workshops and the annual meetings of their state,
province, county and international professional organizations;
and
WHEREAS, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the week of April 30,
2000 through May 6, 2000, as "Municipal Clerks Week" and
extends their appreciation to Chesterfield's Municipal Clerks,
Mrs. Lisa Elko and Mrs. Janice Blakley, and to all Municipal
Clerks for the vital services they perform and their exemplary
dedication to the communities they represent.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.3. APPROVAL OF CHANGE ORDERS
7.D.3.a. FOR THE EMERGENCY COMMUNICATIONS SYSTEM TOWERS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a change order
to Purchase Order %0000221808 for the Emergency Communications
System towers contract with ROHN Industries, Incorporated, in
the amount of $28,080, for compensation based on winter
construction lost time for the tower erection crew on Union
Branch and Watkins tower sites.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.3.b. FOR IMPROVEMENTS AT POINT OF ROCKS PARK
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute Change Order
Number One for the construction contract with William B. Sloan
Company, Incorporated, in the amount of $17,800, for additional
paving and pavement overlay and extension of the storm drain
for the Point of Rocks Park Improvement Project.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7 D.4. STATE ROAD ACCEPTANCE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation.
00-296
4/2~/00
NOW, THEREFORE BE IT RESOLVED, that
the Virginia Department of Transportation to
described below to the secondary system of
pursuant to ~ 33.1-229, Code of Virginia, and
Subdivision Street Requirements.
AND, BE IT FURTHER
clear and unrestricted
necessary easements for
AND, BE IT FURTHER
resolution be forwarded to the Resident
Virginia Department of Transportation.
Type Chan.qe to the Secondary System of State Hiqhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Rosemont, Section E
· Goddingham Court, State Route Number: 5158
From: Lastingham Dr., (Rt. 5147)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 5/21/1996 in the Office Of Clerk To Circuit Court in Pb. 90;
Pg. 69, with a width of 40 Ft.
· Lastingham Drive, State Route Number: 5147
From: Goddingham Ct., (Rt. 5158)
To: End of Section, a distance of: 0.04 miles.
Right-of-way record was filed on 5/21/1996 in the Office Of Clerk To Circuit Court in Pb. 90;
Pg. 69, with a width of 50 Ft.
· Lastingham Drive, State Route Number: 5147
From: Felbridge Wy., (Rt. 5148)
To: Goddingham Ct., (Rt. 5158), a distance of: 0.15 miles.
Right-of-way record was filed on 5/21/1996 in the Office Of Clerk To Circuit Court in Pb. 90;
Pg. 69, with a width of 50 Ft.
· Felbridge Court, State Route Number: 5149
From: Felbridge Wy., (Rt. 5148)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 5/21/1996 in the Office Of Clerk To Circuit Court in Pb. 90;
Pg. 69, with a width of 40 Ft.
· Felbridge Way, State Route Number: 5148
From: Felbridge Ct., (Rt. 5149)
To: End of Section, a distance of: 0.02 miles.
Right-of-way record was filed on 5/21/1996 in the Office Of Clerk To Circuit Court in Pb. 90;
Pg. 69, with a width of 50 Ft.
· Felbridge Way, State Route Number: 5148
From: Lastingham Dr., (Rt. 5147)
To: Felbridge Ct., (Rt. 5149), a distance of: 0.10 miles.
Right-of-way record was filed on 5/21/1996 in the Office Of Clerk To Circuit Court in Pb. 90;
Pg. 69, with a width of 50 Ft.
this Board requests
add the streets
state highways,
the Department's
RESOLVED, that this Board guarantees a
right-of-way, as described, and any
cuts, fills and drainage.
RESOLVED, that a certified copy of this
Engineer for the
4/2S/00
00-29?
· Felbridge Way, State Route Number: 5148
From: 0.05 Mi. S Lastingham Dr., (Rt. 5147)
To: Lastingham Dr., (Rt. 5147), a distance of: 0.05 miles.
Right-of-way record was filed on 5/21/1995 in the Office Of Clerk To Circuit Court in Pb. 90;
Pg. 09, with a width of 50 Ft.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7 .D. 5. APPROVAL OF NAMING THE FOOTBALL FIELD AT BENSLEY
PARK THE ~WILLIAM G. BEASLEY MEMORIAL FIELD"
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved naming the football field at Bensley Park, the
"William G. Beasley Memorial Field."
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.6. AUTHORIZATION TO EXECUTE A CONTRACT TO SELL
APPROXIMATELY 2.71 ACRES IN CHESTERFIELD COUNTY
INDUSTRIAL AIRPARK TO JOHN FELCH AND SET DATE FOR
PUBLIC HEARING TO APPROVE THE SALE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a contract to
sell approximately 2.71 acres in the Chesterfield County
Industrial Airpark to Mr. John K. Felch, or his assignee, and
set a public hearing for May 24,2000 to approve the sale of the
property.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.7. APPROPRIATION AND TRANSFER OF FUNDS FOR THE WALTON
PARK SIDEWALK ENHANCEMENT PROJECT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
appropriated $52,800 in Virginia ]Department of Transportation
supplemental reimbursements and transferred $18,900 from the
general road improvement account for the local match and
construction for the Walton Park Sidewalk Enhancement Project.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.8. ACCEPTANCE OF A PARCEL OF LAND FOR THE EXTENSION OF
HAMPTON PARK DRIVE FROM MALBONE ASSOCIATES
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 2.274
acres for the extension of Hampton Park Drive from Malbone
Associates, and authorized the County Administrator to execute
the necessary deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00-298
4/26/00
7.D.9. APPROVAL OF THE PURCHASE OF RIGHT OF WAY FOR
IMPROVEMENTS TO WOODPECKER ROAD FROM SAMUEL AND
EMILY MADDEN
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the purchase of right of way containing 0.034 acres,
more or less, from Samuel and Emily Madden for improvements to
Woodpecker Road, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.10. AWARD OF CONSTRUCTION CONTRACT FOR MIDLOTHIAN
TURNPIKE - PHASE I WATER MAIN REHABILITATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
awarded a construction contract to Infracorp of Virginia,
Incorporated in the amount of $4,249,277 for County Project
#98-0189B, Midlothian Turnpike - Phase I Water Main
Rehabilitation, and authorized the County Administrator to
execute the necessary documents. (It is noted a copy of the
vicinity sketch is filed with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.11. APPROVAL OF LEASE AGREEMENT WITH THE COUNTY OF
HENRICO FOR PLACEMENT OF CHESTERFIELD'S
COMMUNICATIONS EQUIPMENT ON HENRICO COUNTY'S
TOWER LOCATED ON PARHAMROAD
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a lease
agreement with the County of Henrico, in a form approved by the
County Attorney, for placement of the County's communications
equipment on Henrico County's tower located at 7701 East Parham
Road.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.12. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE
ACOUISITION OF EASEMENTS FOR THE MIDLOTHIAN
TURNPIKE-US ROUTE 60 WATERLINE
7.D.12.a. WILLIAM J. BRYAN, JR. AND DERORAH L. BRYAN
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Attorney to proceed with eminent domain
and exercise immediate right of entry pursuant to Sections
15.2-1904 and 1905 of the Code of Virginia for the acquisition
of a sixteen foot permanent water easement and two five foot
temporary construction easements across the property of William
J. Bryan, Jr. and Deborah L. Bryan, and instructed the County
Administrator to notify the owner by certified mail on April
28, 2000, of the County's intention to take possession of the
easements. (It is noted a copy of the plat is filed with the
4/26/00
00-299
papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.12.c. BKW PARTNERSHIP
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Attorney to proceed with eminent domain
and exercise immediate right of entry pursuant to Sections
15.2-1904 and 1905 of the Code of Virginia for the acquisition
of a variable width permanent water easement and a variable
width temporary construction easement across the property of
BKW Partnership, a Virginia General Partnership, and instructed
the County Administrator to notify the owner by certified mail
on April 28, 2000, of the County's intention to take possession
of the easements. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.12.d. SOUTHLAKE ASSOCIATES
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Attorney to proceed with eminent domain
and exercise immediate right of entry pursuant to Sections
15.2-1904 and 1905 of the Code of Virginia for the acquisition
of four variable width permanent water easements across the
property of Southlake Associates, a Virginia General
Partnership, and instructed the County Administrator to notify
the owner by certified mail on April 28, 2000, of the County's
intention to take possession of the easements. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.12.e. MSO, INCORPORATED
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Attorney to proceed with eminent domain
and exercise immediate right of entry pursuant to Sections
15.2-1904 and 1905 of the Code of Virginia for the acquisition
of a variable width permanent water easement across the
property of MSO, Incorporated, a Virginia Corporation, and
instructed the County Administrator to notify the owner by
certified mail on April 28, 2000, of the County's intention to
take possession of the easement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00-300
4/ ¢/oo
7.D.13. CONVEYANCE OF EASEMENTS
7 .D. 13. a. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR
INSTALLATION OF POWER LINES TO PROVIDE PRIMARY
SERVICE FOR THE NEW BENSLEY PARK COMMUNITY CENTER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company to install power lines to
provide primary service for the new Bensley Park Community
Center, located on Drewrys Bluff Road. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7 .D.13.b.
TO COLUMBIA GAS OF VIRGINIA, INCORPORATED FOR
THE EXISTING GAS LINE ON THE THOMAS DALE HIGH
SCHOOL PROPERTY
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia, Incorporated for the existing gas
line on the Thomas Dale High School property. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.13.c.
TO BELL-ATLANTIC-VIRGINIA, INCORPORATED FOR
INSTALLATION OF UNDERGROUND CABLE TO PROVIDE
SERVICE FOR THE NEW ALLTEL COMMUNICATIONS ANTENNA
LOCATED AT THE CHESTER WATER TANK
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with Bell
Atlantic-Virginia, Incorporated to install underground cable to
provide service for the new Alltel Communications Antenna,
located at the Chester Water Tank, behind Thomas Dale High
School. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.14. INITIATION OF AN APPLICATION TO AMEND A CONDITIONAL
USE PERMIT FOR A WATER TANK ON MIDLOTHIAN TURNPIKE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
initiated an application to amend a Conditional Use permit for
a water tank on property at 16400 Midlothian Turnpike and
appointed John Harmon, County Right of Way Manager, as the
Board's agent.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
4/26/00
00-301
7 .D. 16. REQUESTS FOR PERMISSION
7.D. 16. a. CHESTER A. DIMOWSKI AND PATRICIA A. DIMOWSKI TO
CONSTRUCT A FENCE WITHIN A SIXTEEN FOOT DRAINA~R
EASEMENT AND A FIVE FOOT UTILITY EASEMENT ACROSS
LOT 16, SAINT JAMES WOODS SUBDIVISION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Chester A. Dimowski and Patricia A.
Dimowski to construct a fence within a sixteen foot drainage
easement and a five foot utility easement across Lot 16, Saint
James Woods Subdivision, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.16.b. YOKOSO PARTNERS TO CONSTRUCT A GRAVEL DRIVEWAY
WITHIN A FORTY FOOT UNIMPROVED RIGHT OF WAY KNOWN
AS MID CITY ROAD
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Yokoso Partners to construct a gravel
driveway within a forty foot unimproved right of way known as
Mid City Road, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.17.
REQUEST TO QUITCLAIM A TEMPORARY REDUCED
IMPERVIOUSNESS/BMP EASEMENT ACROSS PROPERTY OF
H. W. OWENS, INCORPORATED
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
temporary reduced imperviousness/BMP easement across property
of H. W. Owens, Incorporated. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.18. SET DATE FOR PUBLIC HEARINGS
7.D.18.a. TO CONSIDER ORDINANCE AMENDMENTS RELATED TO
PENALTIES FOR NON-PAYMENT OF UTILITY CHARGES
On motion of Mr. McHale, seconded by Mr. Barber, the Board set
the date of May 24, 2000, at 7:00 p.m., for a public hearing to
consider ordinance amendments related to penalties for non-
payment of utility charges.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00-302
4/2¢/oo
7.D.20. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
7.D.20.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO BE USED FOR THE THOMAS DALE HIGH
SCHOOL CLASS OF 2000 GRADUATION CELEBRATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $1,000 from the Bermuda District Improvement Fund
to the School Board to be used for the Thomas Dale High School
Class of 2000 Graduation Celebration.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.20.b. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
POLICE DEPARTMENT FOR THE CHESTERFIELD TRIAD
PROGRAM
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $2,000 from the Dale District Improvement Fund to
the Police Department for the Chesterfield TRIAD Program.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
The following items were pulled for Board discussion:
7 .D .21.
REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT
FOR RIVERS BEND CONCERT SERIES
Mr. McHale stated that Mr. Berkley Matthews had requested to
speak to this issue, but was unable to attend the meeting. He
further stated that, since the entertainment festival permit
for the Rivers Bend Concert Series was approved on February 23,
2000, the sponsorship has changed. He stated that, after the
original sponsorship application was approved, Mr. Matthews
contacted staff and expressed concerns. He requested that Mr.
Wendell Roberts, Assistant County Attorney, summarize his
efforts to address Mr. Matthews' concerns.
Mr. Roberts stated that, following the Board's approval of the
original sponsorship application for the entertainment festival
permit, Mr. Matthews expressed concerns based on last year's
concert series including parking on Meadowville Road; lack of
overflow parking in the event of a crowd; volume of the music;
and the need for replacement of signs prohibiting truck traffic
by the Virginia Department of Transportation (VDOT). He
further stated that staff obtained agreements from the concert
promoter to provide overflow parking into the concert area; the
applicant agreed to place no parking signs on Meadowville Road,
as well as signs on both sides of Route 10 routing traffic from
Meadowville through Kingston Road to lessen the impact of the
concert series on the community. He stated that VDOT has
replaced the signs prohibiting truck traffic and that all of
the aforementioned conditions have been accepted by the new
applicant, Greater Richmond SCAN (Stop Child Abuse Now).
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Barber, the Board approved a request for a music/
entertainment festival permit from Greater Richmond SCAN (Stop
Child Abuse Now) for a series of outdoor music concerts to be
4/26/00
00-303
held at the Rivers Bend Center.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.18.b. TO CONSIDER PROPOSED VAN SERVICR
Mr. Miller requested that the public hearing to consider the
proposed public transportation service be scheduled for June
28, 2000 to allow for public comment at his quarterly
constituents' meeting in early June.
Mr. Warren stated that he and Mr. Stith have spoken to
approximately twenty community organizations indicating that
the public hearing would be held on May 24, 2000 and that he
feels obligated to do so.
When asked, Mr. Ramsey stated that delaying the public hearing
one month would only affect the lead time for securing the
necessary vehicles.
Mr. Barber stated that he feels Mr. Miller has not had the
opportunity to meet with his constituents and that he would be
willing to schedule the public hearing for June 28, 2000 to
allow for citizen input from Dale District.
Mr. Warren requested that the community organizations who have
been informed of the May public hearing date be notified
relative to the June 28, 2000 public hearing.
Mr. Miller expressed appreciation to the Board for their
consideration of moving the public hearing to June 28, 2000.
Mr. Miller then made a motion, seconded by Mr. McHale, for the
Board to set the date of June 28, 2000, at 7:00 p.m., for a
public hearing to consider the proposed public transportation
service for the County.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
7.D.19. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO ENTER
INTO AN AGREEMENT TO ESTABLISH THE GREATER RICHMOND
WORKFORCE INVESTMENT BOARD
When asked, Mr. Hammer stated that Federal law requires the
formation of the Workforce Investment Board which replaces the
Capital Area Training Consortium (CATC). He further stated
that the penalty for not authorizing the County Administrator
to enter into the agreement could result in a loss of Federal
funds. He stated that the Greater Richmond Workforce
Investment Board will provide employment for people who want to
improve their existing job, as well as training for the
unemployed and summer employment for youth.
There was brief discussion relative to the costs incurred by
the County and the gains that will be received as a result of
the agreement, as well as the allocation structure of the
Workforce Investment Board.
Mr. Hammer stated that he will provide Mr. Miller with data and
00-304
4/ /oo
reports relative to the success of the current CATC program.
He further stated that the Greater Richmond Partnership feels
that the Workforce Investment Board is one of the key factors
in maintaining an attractive workforce in the Richmond
Metropolitan Area.
Mr. Barber stated that he originally represented the County on
the Capital Area Training Consortium Board. He requested that
Mr. Hammer explain the composition of the Workforce Investment
Board to Miller.
Mr. Miller stated that he is not comfortable with the issue.
Mr. Miller then made a motion for the Board to defer
consideration of a resolution authorizing the County
Administrator to enter into an agreement establishing the
Greater Richmond Workforce Investment Board until June 28,
2000.
There was brief discussion relative to deferring consideration
of the resolution resulting in the lack of County input
towards the creation of the Workforce Investment Board.
Mr. Miller amended his motion for the Board to defer
consideration of a resolution authorizing the County
Administrator to enter into an agreement establishing the
Greater Richmond Workforce Investment Board until May 24, 2000.
Mr. Barber seconded the amended motion.
Mr. Warren called for a vote on the motion made by Mr. Miller,
seconded by Mr. Barber, for the Board to defer consideration of
a resolution authorizing the County Administrator to enter into
an agreement establishing the Greater Richmond Workforce
Investment Board until May 24, 2000.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8. HEARINGS OF CITIZENS ON UNSCHEDULED 14ATTERS OR CLAIMS
o MR. WALTER MARSH ADDRESSING THE BOARD REGARDING THE FEES
FOR APPEALS TO THE BOARD OF ZONING APPEALS
Mr. Walter Marsh stated that he received a notice of zoning
violation from the Planning Department and, in order to profess
his innocence, he is required to pay a $500 fee to the Board of
Zoning Appeals. He further stated that he feels this is a
reasonable fee to apply for a special exception or a variance
because of staff time necessary to process the requests. He
expressed concerns relative to the $500 fee not being returned
if the Board of Zoning Appeals finds that he has not violated
the zoning ordinance and stated that persons who are guilty of
zoning violations and who correct those violations do not pay
a fee for follow-up inspections. He requested that the Board
revise the zoning ordinance to eliminate the $500 fee for a
successful appeal of a notice of zoning violation.
Mr. Miller stated that compensation is not granted for the cost
of court proceedings when a decision is overturned.
Mr. Warren requested that the County Attorney and County
4/2 /oo
00-305
Administrator review the policy regarding fees for appeals to
the Board of Zoning Appeals and report back to the Board with
any administrative recommendations.
9. REPORTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the following reports:
A report on Developer Water and Sewer Contracts; and a status
report on the General Fund Balance, Reserve for Future Capital
Projects, District Improvement Funds, and Lease Purchases.
And, further, the following roads were accepted into the State
Secondary System:
ADDITIONS LENGTH
BRANDY OAKS, SECTION 2 (Effective 3/21/2000)
Madison Pointe Way (Route 5362) - From
Route 5360 to Cul-De-Sac
0 07 Mi
Marshall Pointe Trail (Route 5364) - From
Cul-De-Sac to Route 5360
0 07 Mi
Meredith Pointe Way (Route 5361) - From
Cul-De-Sac to Route 5360
0 08 Mi
Walke Pointe Way (Route 5363) - From
Route 5360 to Cul-De-Sac
0 25 Mi
Walkmill Reach Trail (Route 5360) - From
Route 655 to Routes 5361/5362
0 07 Mi
Walkmill Reach Trail (Route 5360) - From
Routes 5361/5362 to Route 5363
0 08 Mi
Walkmill Reach Trail (Route 5360) - From
Route 5363 to Route 5364
0 14 Mi
Walkmill Reach Trail (Route 5360) - From
Route 5364 to Cul-De-Sac
0 23 Mi
BRANDY OAKS, SECTION 3
Brandy Crest Drive (Route 5367) - From
Cul-De-Sac to Route 5368
0.13 Mi
Brandy Crest Drive (Route 5367) - From
Route 5368 to Route 659
0.14 Mi
Brandy Field Place (Route 5365) - From
Route 659 to Cul-De-Sac
0.06 Mi
Brandy Grove Court (Route 5366) - From
Cul-De-Sac to Route 659
0.09 Mi
Mountcastle Drive (Route 5368) - From
Route 5367 to 0.33 Mile East Route 5367
0.33 Mi
POPLAR CREEK, SECTION E (Effective 3/31/2000)
00-306
/ 6/oo
Laurel Top Drive (Route 6052) - From
Route 6063 to 0.01 Mile South Route 6055
Laurel Top Drive (Route 6052) - From
0.07 Mile South Route 6062 to Route 6062
Laurel Top Drive (Route 6052) - From
Route 6062 to Route 6063
Laurel Top Place (Route 6062) - From
Route 6052 to Cul-De-Sac
Oak Timber Court (Route 6063) - From
Route 6052 to Cul-De-Sac
WINDSOR PARK, SECTION 5 (Effective 3/14/2000)
Chiasso Way (Route 4388) - From
0.05 Mile North Route 4359 to Cul-De-Sac
Princess Mary Road (Route 4359) - From
Route 4397 to 0.06 Mile West Route 4388
Princess Mary Road (Route 4359) - From
0.03 Mile West Route 4397 to Route 4397
Princess Mary Terrace (Route 4397) - From
Route 4359 to Cul-De-Sac
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
0.05 Mi
0.07 Mi
0.07 Mi
0.07 Mi
0.04 Mi
0.07 Mi
0.06 Mi
0.03 Mi
0.19 Mi
10. DINNER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
recessed to the Administration Building, Room 502, for a dinner
meeting with The Friends of the Library.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
Reconvening:
Ms. Mary Ann Harmon, President of The Friends of the Library,
expressed appreciation to the Board for the opportunity to meet
and also for their generous support. She stated that, when
compared with eleven comparable libraries in other State
jurisdictions, the County's library system ranks seventh in the
amount of expenditures for materials per capita. She presented
a video relative to obtaining library materials through new
technology.
Mr. Warren expressed appreciation for the hospitality of The
Friends of the Library and stated that the successful bond
referendum was an indication of citizens' confidence in the
County's library system. He congratulated Ms. Harmon upon her
selection as Chairman of the State Library Board.
When asked, Dr. Wagenknecht stated that construction is now
underway on both the LaPrade and Chester Libraries. He further
4/2 /oo
00-307
stated that he anticipates that both projects will be complete
by the spring of 2001.
Mr. McHale requested that Mr. Kappel take photographs of the
library construction as it progresses.
Mrs. Humphrey stated that she feels the expansion of the
Ettrick-Matoaca Library should be included in the next bond
referendum. She expressed appreciation for the contributions
of The Friends of the Library.
Ms. Harmon stated that a large percentage of the Library budget
is now spent on technology and, therefore, expenditures for
materials has decreased. She noted that it is necessary to
purchase books in a timely manner because publishers limit the
time for book availability.
There was brief discussion relative to the process for donation
of personal library collections to the County Library.
Ms. Harmon stated that the membership of The Friends of the
Library is declining. She further stated that there are
currently 350 members and approximately 100 honorary members.
Mr. A. F. "Duff" Young, a businessman and member of The Friends
of the Library, stated that the needs and demands of the
library system have changed and that a good library system
helps to attract new residents.
Ms. Harmon introduced Ms. Kathryn Geranios, first Vice
President of The Friends of' the Library, who detailed the
events planned for The Friends' 30th Anniversary Celebration.
Ms. Harmon introduced Ms. Cherie Heintz, member of The Clover
Hill Friends of the Library, who presented an exhibit which
will be traveling to each of the libraries promoting expansion
of the membership of The Friends of the Library. She presented
each Board member with a book bag, personalized library cards
for themselves and their spouses, and a book on the literary
history of the State, compliments of Mr. and Mrs. Samuel Nixon,
Sr.
Ms. Harmon stated that people and information connect in public
libraries.
It was generally agreed to recess to the Public Meeting Room to
continue the regular scheduled meeting.
Reconvening:
11. INVOCATION
Reverend Clarence Martin, Pastor of the Upper Room Chapel, gave
the invocation.
Mr. Warren recognized approximately ten members of Boy Scout
Troop 800 and one member of Troop 893 who were present in the
audience.
00-308
4/26/00
12. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
Mr. Trykve Loken, Member of Boy Scout Troop 800, led the Pledge
of Allegiance to the Flag of the United States of America.
Mr. Barber invited the Board members to attend opening day of
the Huguenot Little League Challenger League on April 29, 2000.
He presented each Board member with a personalized hat on
behalf of the Huguenot Little League.
13. RESOLUTIONS D~ND SPECIAL RECOGNITIONS
13.A. RECOGNIZING THE HONORABLE SAI~3EL A NIXON, JR., 5~MBER,
HOUSE OF DELEGATES, 27TH DISTRICT FOR HIS SERVICE TO
THE JOHN TYLER COMMUNITY COLLEGE BOARD
Mr. Hammer introduced Delegate Nixon who was present to receive
the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Honorable Samuel A. Nixon, Jr., represents
the 27th District; and
WHEREAS, Delegate Nixon served on the Board of John Tyler
Community C011.ege from January 1, 1992 until December 31, 1999;
and
WHEREAS, Delegate Nixon provided strong and wise counsel
to his fellow Board members and to the President of John Tyler
Community College; and
WHEREAS, Delegate Nixon championed the cause of the new
Midlothian Campus; and
WHEREAS, Delegate Nixon demonstrated a keen interest in
curriculum matters; and
WHEREAS, Delegate Nixon advocated for the acquisition and
use of the latest technology for the college and its students;
and
WHEREAS, Delegate Nixon's service was
sensitivity to the needs of the students; and
marked by
WHEREAS, Delegate Nixon pursued, in all endeavors, the
goal of providing the highest quality education.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the Honorable
Samuel A. Nixon, Jr., and expresses appreciation for his
service to the Board of John Tyler Community College, and to
the citizens of the Commonwealth of Virginia.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Delegate Nixon and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
4/26/00
00-309
Mr. Warren presented the executed resolution to Delegate Nixon
and expressed appreciation for his dedicated service on the
John Tyler Community College Board.
Delegate Nixon expressed appreciation to the Board for the
recognition and stated that he began his college years in a
community college.
13 .C.
RECOGNIZING MAY 2000, AS "ASIAN/PACIFIC AMERICAN
HERITAGE MONTH"
Mr. Stith introduced Mr. Wilson Goh, President of the
Asian/American Society of Central Virginia, who was present to
receive the resolution.
Mr. Goh introduced Ms. Swattana Sugg, Ms. Liu-Jen Chu, Mrs.
Mina Bhatt, Mr. Neil Bhatt and Mr. Dick Du, members of the
Asian/American Society of Central Virginia, who were also
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, May 2000 is "Asian/Pacific American Heritage
Month"; and
WHEREAS, Asian/Pacific Americans have brought energy,
talent and many noteworthy achievements to their adopted
nation; and
WHEREAS, by the year 2000 as many as 10 million Americans
may be of Asian/Pacific American descent; and
WHEREAS, Asian/Pacific Americans have achieved recognition
as mayors; members of Congress; astronauts; judges and in many
other noteworthy careers; and
WHEREAS, nine Asian/Pacific Americans have earned the
Medal of Honor, the nation's highest award for bravery in
combat; and
WHEREAS, Asian/Pacific Americans have excelled in many
fields, including receiving a Nobel Prize in Chemistry; and
WHEREAS, Chesterfield County is fortunate to enjoy the
many positive contributions made by Asian/Pacific Americans.
NOW THEREFORE, BE IT RESOLVED, that the Chesterfield Board
of Supervisors recognizes May 2000 as "Asian/Pacific American
Heritage Month," and celebrates the many contributions of
Asian/Pacific Americans to the strength of our county, our
state and our nation.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Goh,
accompanied by Mr. Stith, Ms. Sugg, Ms. Chu, Mr. and Mrs. Bhatt
and Mr. Du, expressed appreciation for the numerous
contributions of Asian/Pacific Americans, and wished the group
a successful celebration.
Mr. Goh expressed appreciation to the Board and to Mr. Stith
for their support of Asian/Pacific American Heritage Month. He
4/26/00
00-310
invited the public to attend the celebration at the Carpenter
Center on May 6, 2000.
13.D. RECOGNIZING THE CHEER CHALLENGE SENIOR ALL-STARS FOR
THEIR OUTSTARDING REPRESENTATION OF CHESTERFIELD
COUNTY
Mr. Hammer introduced coaches
Challenge Senior All-Stars.
and members of the Cheer
On motion of the Board, the following resolution was adopted:
WHEREAS, the Cheer Challenge Senior All-Stars,
representing Chesterfield Cheering League and Virginia
International Gymnastics School, traveled to Orlando, Florida,
on February 26, 2000, to compete in the "Content of Champions"
National Title; and
WHEREAS, the girls competed against squads from Florida,
Delaware, New Jersey, Utah, Ohio and Virginia, and came out on
TOP winning the competition; and
WHEREAS, the girls represent Chesterfield County and
attend Chesterfield County Schools, including Meadowbrook High
School, Clover Hill High School, Monacan High School, L. C.
Bird High School, Midlothian High School, Thomas Dale High
School and Manchester High School; and
WHEREAS, the majority of the girls came up through their
local association and cheer for their high school, but come
together as a team to cheer for the Cheer Challenge Ail Stars;
and
WHEREAS, under the direction of Karen Thompson, Kathy
Toriello, Jessica Thompson, Jim Roe and Rich Engle, the Cheer
Challenge Seniors train eight months each year and compete at
the local, regional, state and national levels, and have placed
in the top four in all recent competitions; and
WHEREAS, the girls have given their time to community
service projects; helped to raise $1,700 for the American Heart
Association by walking in the American Heart Walk; participated
in a team building Challenge Course through Chesterfield Parks
and Recreation; and held numerous private clinics for our local
associations; and
WHEREAS, the team members include Ail Stars Kristal
Arnold, Meghan Butrico, Chanel Call, Jennifer Fallin, Tia Gray,
Emily Greene, Adrianne Gregoire, Shanika Harris, Kristina Holt,
Kelly Hughes, Beth Franklin, Brooke Lassiter, Christina Logan,
Kensey McGrath, Crystal Perry, Misty Waytes, Jennifer Witt, and
Stephanie Witt; and
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the 1999-2000
Cheer Challenge Senior All-Stars for their outstanding
representation of Chesterfield County, and commends them for
their Commitment to Excellence in Sportsmanship, Team,
Community Service, and Athletics.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
O0-B~
Mr. Warren presented executed resolutions to each of the
coaches and cheerleaders, congratulated them on their
accomplishments and wished them well in future endeavors.
7.D.2.e. RECOGNIZING THE 30TH ANNIVERSARY OF THE FRIENDS OF
THE LIBRARY
Mr. Hammer introduced Ms. Mary Ann Harmon, President of The
Friends of the Chesterfield County Public Library, who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, The Friends of the Chesterfield County Public
Library was established in 1970 by twelve visionary citizens
and has continued to support the goals of our expanding library
as the community has grown from 76,855 to 261,000; and
WHEREAS, The Friends of the Library has embarked on a 30th
anniversary celebration with a goal of renewing appreciation
and support for the County public library system by sponsoring
events that will attract participation by all library patrons;
and
WHEREAS, The Friends of the Library has offered continuous
encouragement and maintained enthusiasm for support of library
issues by Federal, State and County representatives, and
provided a foundation for the success of library bond referenda
passed in 1975, 1978, 1988 and 1996; and
WHEREAS, The Friends of the Library has provided financing
for unfunded budget needs that have amounted to more than
$360,000 over thirty years, including funds that introduced
major technological improvements for the library system; and
WHEREAS, The Friends of the Library, since 1978, has
devoted special and continuous support to the Summer Reading
Program that has reached out to more than 11,000 children and
families annually who aspire to develop reading as an important
personal and community asset; and
WHEREAS, The Friends of the Library has made contributions
to continue the Tri-City Literacy Council and outreach efforts,
such as underwriting the local broadcast of Reading Rainbow
Public Television promoting reading to youth; and
WHEREAS, The Friends of the Library has been recognized
for leadership in support of library goals by the Friends of
the Library USA, National Association of Counties, The Eckerd
Foundation, Virginia Library Association, Virginia Public
Library Directors Association and Friends of Virginia
Libraries.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors congratulates The Friends of the
Chesterfield County Public Library on this important occasion
and expresses its gratitude for the outstanding contributions
provided to the quality of life in Chesterfield County.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Harmon,
4/26/00
00-312
accompanied by seven members of The Friends of the Library,
expressed appreciation for the contributions of The Friends of
the Library, and congratulated them on their 30th anniversary.
He also congratulated Ms. Harmon upon her selection as Chairman
of the State Library Board for 2000-2001.
Ms. Harmon expressed appreciation to the Board for its support
and invited the public to become members of The Friends of the
Library.
Mr. McHale recognized approximately ten members of Mr. Brown's
Government Class from Thomas Dale High School who were present
at the meeting.
14. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER:
- 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 16
99SN0256 (Amended)
In Matoaca Magisterial District, SYDNEY VENTURES VI, LTD.
requested rezoning and amendment of zoning district map from
General Business (C-5) to Community Business (C-3) of 6.9 acres
and from Agricultural (A) to Community Business (C-3) of 6.3
acres. Commercial uses are planned. The density of such
amendment will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for community mixed use. This request lies on 13.2
acres fronting approximately 850 feet on the south line of Hull
Street Road, also fronting approximately 750 feet on the west
line of North Spring Run Road and located in the southwest
quadrant of the intersection of these roads. Tax ID
725-671-3757 and 724-671-9228 (Sheet 15).
Mr.
been received from the applicant since the
Commission's hearing of the case and, therefore,
recommending that the case be remanded to the
Commission.
Jacobson stated that an amended proffered condition has
Planning
staff is
Planning
There was brief discussion relative to the Board hearing the
case rather than remanding it to the Planning Commission.
Mrs. Humphrey made a motion, seconded by Mr.
Board to hear Case 99SN0256 following the
agenda.
Barber, for the
zoning consent
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00SN0172
In Matoaca Magisterial District, BEVERLY HARRIS requested
rezoning and amendment of zoning district map from Agricultural
(A) to General Business (C-5) . The density of such amendment
will be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate for
4/2 /oo
00-313
commercial-industrial corridor use. This request lies on 1.5
acres fronting approximately 390 feet on the west line of Happy
Hill Road, approximately 730 feet northeast of Jefferson Davis
Highway. Tax ID 800-632-Part of 1038 (Sheet 41).
Mr. Jacobson presented a summary of Case 00SN0172 and stated
that the Planning Commission and staff recommend approval. He
noted that the request conforms to the Southern and Western
Area Plan.
No one was present representing the applicant.
There was no opposition present.
It was generally agreed that the case would be called again
later in the meeting.
15. PUBLIC HEARINGS
There were no public hearings at this time.
16. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
99SN0256 (Amended)
In Matoaca Magisterial District, SYDNEY VENTURES VI, LTD.
requested rezoning and amendment of zoning district map from
General Business (C-5) to Community Business (C-3) of 6.9 acres
and from Agricultural (A) to Community Business (C-3) of 6.3
acres. Commercial uses are planned. The density of such
amendment will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for community mixed use. This request lies on 13.2
acres fronting approximately 850 feet on the south line of Hull
Street Road, also fronting approximately 750 feet on the west
line of North Spring Run Road and located in the southwest
quadrant of the intersection of these roads. Tax ID
725-671-3757 and 724-671-9228 (Sheet 15).
Mr. Jacobson presented a summary of Case 99SN0256 and stated
that a revised proffered condition has been received from the
applicant since the Planning Commission's hearing of the case
relative to architectural appearance which, in staff's opinion,
is superior to the original proffered condition. He further
stated that staff recommends approval subject to the applicant
addressing transportation access issues. He noted that the
request conforms to the Upper Swift Creek Plan, although the
proffers fail to provide adequate access spacing along North
Spring Run Road. He stated that the Planning Commission
recommends approval and acceptance of the proffered conditions.
When asked, Mr. Jacobson stated that he spoke with two members
of the Planning Commission who indicated that they felt the
revised proffer relative to architectural elevations was
superior to the original proffer.
There was brief discussion relative to the transportation issue
of inadequate spacing relative to access to the subject
property.
Mr. Brennan Keene, representing the applicant, stated that the
Planning Commission's recommendation is acceptable. He further
4/26/00
00-314
stated that, since the case was originally filed over a year
ago, the applicant has refined its architectural standards
which will enhance the proposed development. He stated that
the Planning Commission was comfortable with the transportation
issues and requested the Board's approval of the proposed
development.
There was no opposition present.
Mrs. Humphrey stated that community meetings were held and the
applicant agreed to a number of architectural treatments and
landscaping that met with the residents' approval. She further
stated that she is pleased with the revised proffer.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to suspend its rules to consider acceptance of the
amended proffered condition.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
When asked, Mr. McCracken stated that staff is in agreement
with all transportation issues with the exception of the
spacing of the accesses on Spring Run Road. He further stated
that there may be an opportunity to settle this issue when the
zoning request for a parcel to the south of the subject
property comes before the Board.
Mr. Warren stated that, since no one is present to speak to the
transportation issue, it does not appear to be insurmountable.
He entered into the record a letter from Southshore Property
Owners Association indicating that they are comfortable with
the proposal, with the exception of traffic and safety issues.
Mrs. Humphrey stated that she agrees with the necessity for a
joint access point and indicated that she is confident it will
be achieved through a future zoning case.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve Case 99SN0256 and accept the proffered
conditions, including the amendment.
Mr. McHale stated that he generally feels uncomfortable
suspending the rules to accept late proffers, but indicated
that, because the neighboring homeowners' association and two
of the Planning Commission members have indicated their
approval, he will support Mrs. Humphrey's motion.
Mr. Warren called for a vote on the motion made by Mrs.
Humphrey, seconded by Mr. Barber, for the Board to approve Case
99SN0256 and accept the following proffered conditions:
This application contains two exhibits described as follows:
Exhibit A - Plan titled "Conceptual Road Improvements Plan"
prepared by VHB, dated July 1, 1999 and last revised December
6, 1999. (P)
Exhibit B - Elevation title "Proposed Hannaford Supermarket,
No. Spring Run Road, Chesterfield County, Virginia" prepared by
Arrowstreet Inc., dated April 12, 2000. (P)
1. Utilities. Public water and wastewater systems shall be
4/26/00
00-315
o
used. (U)
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance permit
has been obtained from the Environmental Engineering
Department and the approved devices have been installed.
Property Access.
as follows:
The Property access shall be controlled
Direct access from the Property to Route 360 shall
be limited to one (1) entrance/exit located
approximately midway along the Route 360 Property
frontage as shown generally on Exhibit A. Direct
access from the Property to North Spring Run Road
shall be limited to two (2) entrances/exits, one (1)
located approximately midway along the North Spring
Run Road Property frontage and the second located at
the southern Property line, all as shown generally
on Exhibit A. Prior to any final site plan
approval, the exact location of each of these
accesses shall be approved by the Transportation
Department and as further specified below.
If required by the Transportation Department, prior
to site plan approval, access easement(s) acceptable
to the Transportation Department shall be recorded
across the Property to provide shared use of these
accesses with the adjacent properties.
The Route 360 and northernmost North Spring Run Road
accesses shall be designed and constructed as
right-turn-in and right-turn-out only.
do
The southern access on North Spring Run Road shall
be designed and constructed to allow all turning
movements. Prior to the final approval of the first
site plan, the southernmost access may be relocated
further south through the adjacent property if such
property is planned or zoned to permit such access
and the Developer has an agreement with the adjacent
landowner to permit such access on terms and
conditions acceptable to all parties referenced in
paragraph 3.e. below.
Nothing in this proffer shall preclude a future
relocation of the southernmost full movement access
to a location not more than 400 feet south;
provided, however, the relocation and its design is
acceptable to the Developer, its successors or
assigns and its primary anchor tenant, and the
necessary improvements for such relocation,
including, but not limited to, land purchase,
construction of a shared access road, turn lanes
from North Spring Run Road, and the closure of the
original southernmost access (if required), are
provided by others and at no cost to the Developer,
all as approved by the Transportation Department.
(T)
Dedications. Prior to any final site plan approval, or
4/2~/oo
00-316
o
within sixty (60) days from a written request by the
County, whichever occurs first, the portions of the
Property as necessary to provide the following
rights-of-way across the Property shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield
County:
a o
Forty-five (45) feet of right-of-way, on the west
side of North Spring Run Road measured from the
centerline of that part of North Spring Run Road
immediately adjacent to the Property, and
bo
One hundred (100) feet of right-of-way, on the south
side of Route 360 measured from the centerline of
that part of Route 360 immediately adjacent to the
Property. (T)
Transportation Improvements. To provide an adequate
roadway system, the Developer shall be responsible for the
following road improvements, all of which are generally
shown and labeled on Exhibit A. The exact design and
dimensions of these improvements shall be determined by
the Transportation Department and subject to Proffered
Condition 3 above. If any road improvement described
herein is provided by others or determined by the
Transportation Department to be unnecessary at the time of
site plan approval, then such road improvement shall be
deemed satisfied:
a o
Construction of additional pavement for a through
lane along the eastbound lanes of Route 360 for the
entire Property frontage;
Construction of additional pavement along the
eastbound lanes of Route 360 at the approved Route
360 Property access and at the North Spring Run Road
intersection to provide separate right turn lanes;
C ·
Construction of additional pavement and modification
of the existing median within the westbound lanes of
Route 360 at the North Spring Run Road/Route 360
intersection to provide an extended left turn lane
onto North Spring Run Road. The exact length of
this road improvement shall be approved by the
Transportation Department;
do
Construction of additional pavement along the
southbound lane of North Spring Run Road for the
entire Property frontage to provide a continuous
right turn lane for the approved Property accesses,
together with any necessary shoulder improvements;
Construction of a raised median within North Spring
Run Road from Route 360 to just south of the
northernmost Property access. The exact length of
this road improvement shall be approved by the
Transportation Department;
Construction of additional pavement along North
Spring Run Road to provide a separate left turn lane
from northbound North Spring Run Road into the
Property at the southernmost access;
g. Full cost for the installation of a traffic signal
¢/2 /oo
00-317
o
10.
11.
at the intersection of Route 360 and North Spring
Run Road, if warranted, as determined by the
Transportation Department;
Full cost for the installation of a traffic signal
at the intersection of North Spring Run Road and the
southernmost access, if warranted, as determined by
the Transportation Department; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
Phasing Plan. Prior to any site plan approval, a phasing
plan for the required road improvements, as identified in
Proffered Condition 5, shall be submitted to and approved
by the Transportation Department. (T)
Architecture. The buildings on the Property shall be
compatible in architectural style, colors and materials to
the design shown on Exhibit B. The majority of the
material used on the Property's primary building shall be
a split-face CMU (or similar material) and similar in
color to the brick on the Swift Creek Baptist Church
located on North Spring Run Road on GPIN 724-669-9746. In
addition, other materials on the primary building shall be
as follows: the metal roof color shall be a patina green,
the upper panels EIFS a sandstone, respectively. (P)
Fencing. A white decorative rail fence shall be installed
along portions of the North Spring Run Road frontage,
wrapping around the radius of the intersection of North
Spring Run Road and Route 360; and at the Property's
secondary entrance adjacent to Lowe's, all as generally
shown on Exhibit A. The installation of the fence shall
be phased and installed as a part of the landscaping plan
for that portion of the Property adjacent to the areas
noted for fencing. (P)
Storm Water Management. Any facilities required for water
quality or water quantity control located within the
setbacks shall be landscaped or otherwise improved so that
the facilities become visual enhancements to the uses
developed on the Property. At the time of site plan
review, a plan depicting these requirements shall be
submitted to the Planning Department for review and
approval. (P & EE)
Landscaping. At the time of site plan approval, a
preference will be given for the use of Southern Magnolias
in areas of the Property suitable for such species. Other
flowering plant material such as crepe myrtles should be
dominant along the roadways if such species are suitable
for installation and are in keeping with appropriate
landscaping standards and the Zoning Ordinance
requirements. These landscaping requirements are not in
addition to the required landscaping for the Property.
The Planning Department, at the time of the review of the
landscaping plan shall approve the appropriate locations
and species to be used to fulfill this proffer. (P)
Existing Structure(s). The existing structure(s),
including the building used for the car dealership and the
/2 /oo
00-318
billboard signs, located along Route 360 shall be
demolished prior to or in conjunction with the issuance of
the first certificate of occupancy for the Property. (P)
12.
Use Limitations. The following uses shall not be
permitted on the Property:
a
Cocktail lounges and nightclubs
Indoor flea markets
Material reclamation receiving centers
Outside public address systems
Veterinary hospital and/or commercial kennels
Warehouses (P)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00SR0112
In Bermuda Magisterial District, J. T. SHOOSMITH DISPOSAL LLC
requested renewal of Conditional Use (Cases 89SN0132 and
90SN0122) and amendment of zoning district map to allow
continued operation of a landfill. The density of such
amendment will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for community mixed use and residential use of 1 to
5 acre lots. This request lies in an Agricultural (A) District
on 33.1 acres fronting approximately 1150 feet on the south
line of Carver Heights Drive, approximately 600 feet west of
West Booker Boulevard. Tax ID 778-650-7795 (Sheet 26).
Mr. Jacobson presented a summary of Case 00SR0112 and stated
that the Planning Commission and staff recommend approval
subject to one condition and acceptance of two proffered
conditions.
Mr. John Lane, representing the applicant, stated that the
recommendation is acceptable.
There was brief discussion relative to the height limitation of
the landfill and the time frame for achievement of the
limitation in the expansion area.
When asked, Mr. Lane stated that, according to the Department
of Environmental Quality (DEQ) reports, leachate problems have
not been detected at the landfill.
There was no opposition present.
Mr. McHale stated that property values in the area of the
landfill are appreciating consistent with property values
County-wide.
Mr. McHale then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 00SR0112 subject to the following
condition:
Ail conditions of Cases 89SN0132 and 90SN0122 shall remain in
effect except that Condition 7 of Case 89SN0132 shall be
eliminated. (P)
And, further,
conditions:
the Board accepted the following proffered
4/26/00
00-319
Within sixty days from the date of the Board of
Supervisors approves the requested Conditional Use, forty
five (45) feet of right-of-way on the south side of Carver
Heights Drive, measured from the centerline of that part
of Carver Heights Drive immediately adjacent to the
property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
The unenforceability, elimination, revision or amendment
of any proffer set forth herein, in whole or in part,
shall not affect the validity of enforceability to the
other proffers or the unaffected part of any such proffer.
(P)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00SN0185 (Amended)
In Midlothian Magisterial District, BELLONA ARSENAL F~
ASSOCIATION requested Conditional Use Planned Development to
allow the keeping and breeding of exotic animals and a
Conditional Use to allow a stock farm plus amendment of zoning
district map in a Residential (R-40) District. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1.0 unit per
acre or less. This request lies on 71.8 acres and is known as
3816 Old Gun Road West. Tax ID 737-725-8140 (Sheet 2).
Ms. Beverly Rogers presented a summary of Case 00SN0185 and
stated that staff recommends denial because the proposal does
not conform to the Old Gun/Robious Area Plan which suggests the
property and surrounding area are appropriate for residential
use. She further stated that the Plan suggests that the
proposed uses would best be located in a more rural part of the
County. She stated that the Planning Commission recommends
approval and acceptance of the proffered conditions which limit
the number and type of animals as well as the location of where
those animals are kept; address water quality issues, limit the
conditional use to ten years; and require the current property
owners to reside on the property. She further stated that
there was substantial neighborhood support at the Planning
Commission public hearing, therefore, the Commission determined
that the uses have had no detrimental impact on the area.
When asked, Ms. Rogers stated that the Bellona Arsenal Farm has
been in existence for approximately twenty years. She further
stated that the Planning Department has not received any
complaints until the one that initiated the current
application. She stated that Animal Control has had some
problems over the years relative to animals getting loose and
noted that the applicant has remedied this by providing better
quality and higher fencing.
Mr. Brennan Keene, representing the applicant, stated that the
Planning Commission recommended approval based primarily upon
community support. He further stated that the property has
been an asset to the Old Gun Road community and that the
proffered conditions will insure that the farm continues to be
an asset. He requested that the Board approve the request and
accept the proffered conditions.
00-320
4/26/00
Mr. George Hoover, President of the Bellona Arsenal Community
Corporation, stated that the eight adjacent neighbors from
Bellona Arsenal all recommend approval of the request.
Ms. Susan Higgins, adjacent resident, stated that she supports
the farm.
Mr. A1 Austin, a resident and member of the Homeowner's
Association for Clark's Forge, stated that the Association has
never received a complaint relative to the farm. He further
stated that the farm is considered an asset to the
neighborhood.
Ms. Kay Byrd, a resident of Old Gun Road, requested that the
Board support the application. She stated that the neighbors
enjoy the farm and noted that the owners take extensive care of
the animals.
Dr. Peg Dolan, accompanied by her daughter, stated that she is
currently in the process of purchasing property on Old Gun
Road. She further stated that the farm is an asset to the area
and one of the reasons for her relocation.
Ms. Shannon Pettit, nine year old daughter of Dr. Do!an,
expressed concerns relative to what would happen to the animals
if they were not allowed to stay. She stated that the animals
are beautiful and the staff is nice.
Ms. Julie Utsch, a Robious Road resident, stated that many
improvements have been made at the farm over the last decade
and that she is aware of no safety issues. She presented the
Board with photographs depicting the cleanliness of the animals
and the property and urged the Board to grant the conditional
use.
There being no one else to speak to the case, the public
hearing was closed.
Mr. Barber stated that, after touring the property, he feels
this is a private venture that preserves animals, many of which
are endangered species. He further stated that the animals are
well cared for. He stated that staff recommends denial based
solely on the land use plan and zoning ordinance. He further
stated that public opinion weighs heavily on the Board's
decision and he has had no one express to him that they are not
supportive.
Mr. Barber then made a motion for the Board to approve Case
00SN0185 and accept the proffered conditions.
Mrs. Humphrey seconded the motion. She stated that the farm
consists of a breeding operation for the preservation of
endangered species. She questioned the placement of the
animals after leaving the farm.
Mr. Keene stated that, when the animals leave the farm, they go
to zoos and other breeders. He further stated that the
proffered conditions preclude hunting on the farm. He stated
that the applicants sell animals only to breeders that they
feel comfortable with.
Mrs. Humphrey stated that she is delighted that the County has
the opportunity to preserve endangered species.
4/26/00
O0-B21
Mr. Warren called for a vote on the motion made by Mr. Barber,
seconded by Mrs. Humphrey, for the Board to approve Case
00SN0185 and accept the following proffered conditions:
The following listed domesticated animals (collectively,
the "Domesticated Animals") shall be the only domesticated
animals permitted to be kept on the Property, and the
number of each adult Domesticated Animal Species shall be
limited to the number shown lin parenthesis:
a
Cattle (20);
Horses (8};
Goats (8);
Donkeys or mules (8);
Llamas (4);
Camels (14); and
Sheep (3).
The permitted number of eaclh adult Domesticated Animal
shall not include any offspring that is less than one year
in age. Nothing contained herein shall prohibit the
keeping of common household pets on the property as
otherwise permitted under applicable ordinances. (P)
(STAFF NOTE: The camels and Llamas are not defined by the
Zoning Ordinance as stock animals, and therefore, will be
included in the thirty (30) percent limitation of the
Conditional Use Planned Development.)
The following listed exotic animals (collectively, the
"Exotic Animals") shall be the only Exotic Animals
permitted te be kept en the Property, and the number ef
each Exotic Animal species shall be limited te the number
shown in parenthesis:
g
h
i
k
m.
n.
O.
p.
Zebras (8);
Wallabies (10);
Kangaroos (4);
Muntjacs (10);
Water buffalo (2);
Baboons (2);
Guenons (10);
Binturongs (2);
Foxes (4);
Capuchins (15);
Squirrel monkeys (4);
Spider monkeys (5);
Lemurs (25);
Coatimundis (2);
Tamarin (2); and
Lynxes (7), provided -that lynxes shall only be
permitted on the Proper'ty until December 31, 2001.
The permitted number of each adult Exotic Animal shall not
include any offspring that is less than one year in age.
(m)
Ail Domesticated Animals shall be confined in the areas
shown en the attached Exhibit "A" entitled "Locations ef
Animal Confinement" te the areas identified with a "D".
All Exotic Animals shall be confined in the areas
identified with an "E" as shown on the attached Exhibit
>,~,.
00-322
4/26/00
o
o
10.
Except as further restricted in Proffer 6 below, this
Conditional Use and Conditional Use Planned Development
shall be permitted only for as long as (a) Dr. William G.
Fitzhugh and/or Marianne Fitzhugh, or an entity owned
solely by Dr. William G. Fitzhugh and/or Marianne
Fitzhugh, are the owners of the "Property", (b) Dr.
William G. Fitzhugh and/or Marianne Fitzhugh, or an entity
owned solely by Dr. William G. Fitzhugh and/or Marianne
Fitzhugh, operate the domesticated and exotic animal
breeding operation, (c) the operation is conducted on
property that contains in excess of sixty-five (65) acres
of land, and (d) Dr. William G. Fitzhugh and/or Marianne
Fitzhugh reside on the Property. (P)
Within ninety (90) days of approval of this request, a
plan shall be submitted for approval to Environmental
Engineering for control of runoff from animal holding
areas. The plan shall include the construction of one
pond no greater than one thousand two hundred (1,200)
square feet in surface area and no greater than two feet
in average depth. The approved plan shall be implemented
within sixty (60) days of the approval of the plan. (EE)
This Conditional Use and Conditional Use Planned
Development shall be granted for a period not to exceed
ten (10) years from the date of approval and may be
renewed upon satisfactory reapplication and demonstration
that the operation of the domesticated and exotic animal
breeding operation has not had an adverse affect on
adjacent and area properties. (P)
Within thirty {30) days of approval of this request, the
County Health Department shall inspect the domesticated
and exotic animal breeding operation for compliance with
health codes and the Owner shall make all necessary
corrections to comply with findings of non-compliance by
the County Health Department. Thereafter, the County
Health Department shall inspect annually the domesticated
and exotic animal breeding operation and require the Owner
to make any necessary corrections to comply with
applicable health codes. (HD)
A report shall be filed with the County Health Department
by July 1st of each year which provides documentation of
all medical evaluations and test results for the exotic
animals. That report shall include information on the
results of all state and federal inspections of the exotic
animal breeding operation, including any inspections by
the United States Department of Agriculture. (HD)
If determined by any County or State Department that there
has been a violation of the conditions stated herein and
such violation is not corrected in a timely fashion, as
determined by and to the satisfaction of the responsible
department, the Planning Department shall process an
application on behalf of the Board of Supervisors to
consider recision of the Conditional Use and the
Conditional Use Planned Development. (P)
Within ninety (90) days of approval of this request, a
survey plat shall be submitted showing the location of all
improvements, including the single family dwelling,
accessory structures 'and animal impoundment areas. Any
expansion of any animal impoundment areas shall be located
O0-B2B
a minimum of one hundred (100) feet from the property
boundaries. (P)
11.
In addition to the animal enclosures, an eight {8) foot
high security type fence shall be provided around area(s)
housing the exotic animals. The exact design of the fence
shall be approved by the Planning Department. Within
ninety (90) days of approval of this request, a plan
depicting this requirement shall be submitted to the
Planning Department for approval. Within sixty (60) days
of the approval of the plan, the approved plan shall be
implemented. (P)
12. These uses shall not be open to the public. (?)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00SN0172
In Matoaca Magisterial District, BEVERLY HARRIS requested
rezoning and amendment of zoning district map from Agricultural
(A) to General Business (C-5). The density of such amendment
will be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate for
commercial-industrial corridor use. This request lies on 1.5
acres fronting approximately 390 feet on the west line of Happy
Hill Road, approximately 730 feet northeast of Jefferson Davis
Highway. Tax ID 800-632-Part of 1038 (Sheet 41).
Mr. Jacobson stated that staff contacted the agent for the
applicant who was unable to attend the meeting. He further
stated that the agent indicated that the applicant accepts the
Planning Commission and staff's recommendations and desires
that the case go forward.
There was no opposition present.
Mrs. Humphrey stated that she is reluctant to act on a request
without speaking directly to the applicant.
Mrs. Humphrey then made a motion for the Board to defer Case
00SN0172 until May 24, 2000.
Mr. Warren stated that he feels the applicant has a
responsibility in a public hearing to appear and answer any
questions from the public.
Mr. McHale seconded the motion made by Mrs. Humphrey.
Mr. Warren called for a vote on the motion made by Mrs.
Humphrey, seconded by Mr. McHale, for the Board to defer Case
00SN0172 until May 24, 2000.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00-324
/2 /oo
17. AD JOURNMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adjourned at 8:29 p.m. until May 10, 2000 at 7:30 a.m. for a
meeting with the Tax Structure Committee.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
Chairman
4/26/00
00-325