10-11-2000 MinutesBOARD OF SUPERVISORS
MINUTES
October 11, 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
Mr. George Braunstein,
Dir., Community Services
Board
Mr. Craig Bryant, Dir.,
Utilities
Ms. Jana Carter, Dir.,
Youth Services
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. William D. Dupler,
Building Official
Ms. Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. John W. Harmon,
Right-of-Way Manager
Mr Russell Harris,
County Ombudsman
Mr Thomas E. Jacobson,
Dir., Planning
Mr Donald Kappel, Dir.,
Public Affairs
Mr Jacob W. Mast, Jr.
Nursing Home Admin.
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Dr William Nelson,
Dir., Health
Mr Richard A. Nunnally,
Extension Agent
Mr Francis Pitaro, Dir.,
General Services
Mr D. L. Rose, Supvr.,
Animal Control
Ms Karen F. Russell,
Risk Manager
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
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Mr. Warren called the regularly scheduled meeting to order at
4:11 p.m.
1. APPROVAL OF MINUTES FOR SEPTEMBER 13, 2000 - REGUI2%R
MEETING AND SEPTEMBER 26, 2000 - MAYMONT MEETING
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the minutes of September 13, 2000 and September 26,
2000, as submitted.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey stated that Mr. Dupler was recently appointed to the
Board of Directors for the Building Officials and Code
Administrators (BOCA) International, Incorporated, the
international organization that publishes the State Building
Code, Fire Prevention Code and Mechanical and Plumbing Codes
used by the Building Inspection Department. He congratulated
Mr. Dupler upon his appointment to the BOCA Board of Directors.
3. BOARD COMMITTEE REPORTS
Mr. Barber stated that he participated in "A Night on the
Streets" on October 6, 2000 where teenagers from the area
raised more than $23,000 for Congregations Around Richmond
Involved to Assure Shelter (CARITAS), a program for the
homeless. He further stated that he and Mr. Miller attended
the Fire and EMS Awards Ceremony on October 10, 2000. He
invited the public to attend upcoming events in the Midlothian
District, including Bon Air Village Day on October 14, 2000 and
Midlothian Village Day on October 21, 2000.
Mr. Miller stated that he and Mrs. Humphrey held a joint
constituents' meeting on September 28, 2000 relative to EMS
Revenue Recovery. He further stated that he attended Hispanic
Day at Pocahontas Park on September 23, 2000.
Mr. McHale stated that approximately 120 constituents attended
his zoning and planning seminar on September 25, 2000. He
commended Mr. Jacobson and the Planning staff for their efforts
in planning and conducting the seminar.
Mrs. Humphrey stated that the Chesterfield Farm Bureau will
hold its annual meeting on October 19, 2000, with Congressmen
Thomas Bliley and Norman Sisisky as guest speakers. She
further stated that the First Tee grand opening will be held
October 16, 2000. She stated that she will represent the Board
on October 26, 2000 at a meeting of regional elected officials
and tour of the new facilities at Virginia Commonwealth
University. She expressed appreciation for the expertise
displayed by County Fire and Police personnel in their efforts
to save the lives of three local teenagers involved a tragic
accident on September 29, 2000.
Mr. Warren stated that he and Mr. Ramsey attended Capitol One's
announcement of additional jobs on October 10, 2000 and noted
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that Capital One has created more jobs in the State than any
other corporation in the history of the Commonwealth of
Virginia. He further stated that he attended a reception on
October 10, 2000 honoring Mr. Jim Dunn for ten years as
president of the Chamber of Commerce. He stated that he will
be taping a Chesterfield Matters program on October 12, 2000
relative to growth management which will be aired on Comcast
beginning October 19, 2000.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN
THE ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
added Item 8.C.22.a., Transfer of District Improvement Funds
from the Dale District Improvement Fund to the Police
Department to Purchase Replacement Bicycles for Community
Policing Offices; added Item 8.C.22.b., Transfer of District
Improvement Funds from the Midlothian District Improvement Fund
to the Environmental Engineering Department for the Purchase
and Installation of Rip Rap Within County Drainage Easements;
added Item 8.C.22.c., Transfer of District Improvement Funds
from the Matoaca District Improvement Fund to the Virginia
State University Scholarship Program; replaced Item 10.B.,
Report on the Status of General Fund Balance, Reserve for
Future Capital Projects, District Improvement Funds and Lease
Purchases; and adopted the Agenda, as amended.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
5. RESOLUTIONS AND SPECIi%L RECOGNITIONS
5.A. RECOGNIZING OCTOBER 2000, AS ~QUALITY MONTH"
Ms. Cole introduced Dr. Victor Gray, Vice Chairman of the
Richmond Chapter of the American Society for Quality (ASQ), Ms.
Donna Speck, Vice President of the Richmond Association for
Quality and Participation (AQP), and Mr. Gary Allen from the
County's Quality Office.
On motion of the Board, the following resolution was adopted:
WHEREAS, a commitment to excellence in manufacturing,
service and government is essential to our nation's well-being;
and
WHEREAS, over the years, Virginians have shown great
personal pride and interest in developing quality goods and
services and in promoting a high standard of excellence in both
the public and private sectors; and
WHEREAS, from the smallest to largest manufacturing
service organizations in the Commonwealth of Virginia, quality
is a major concern; and
WHEREAS, the individual workers, business leaders,
educators and government officials must work together to
promote excellence in the public and private sectors; and
WHEREAS, in February 1992, the Chesterfield County Board
of Supervisors directed the County Administrator to develop and
initiate an ongoing total quality improvement effort aimed at
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reinventing the way Chesterfield County government services its
customers; and
WHEREAS, many County employees have already joined the
ranks of those in the private sector who are applying quality
improvement tools and training in the workplace; and
WHEREAS, Chesterfield County has developed ongoing
partnerships with quality leaders in the private sector; and
WHEREAS, Chesterfield County has distinguished itself as
a leader in quality and productivity as evidenced by the
receipt of the 1998 Award for Continuing Excellence; and
WHEREAS, the Richmond Chapter of the American Society for
Quality and the Richmond Association of Quality and
Participation have provided leadership, programs and networking
opportunities in the Greater Richmond area which have been
beneficial to both the public and private sectors.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes October 2000,
as "Quality Month" in Chesterfield County and calls its
significance to the attention of all its citizens.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
Mr. Warren, accompanied by Mr. Ramsey, presented executed
resolutions to Dr. Gray and Ms. Speck and acknowledged the
importance of the quality initiative.
Mr. Ramsey expressed appreciation to Dr. Gray and Ms. Speck for
their assistance in developing techniques for the County's
quality initiative.
Dr. Gray expressed appreciation to the Board for the
recognition and commended the County for the extraordinary
results of its quality initiative.
Ms. Speck expressed appreciation
recognition.
to the Board for the
5.B.
RECOGNIZING MS. JESSICA K. FALKOS, R.N., HEALTH
DEPARTMENT, UPON HER RETIREMENT
Dr. Nelson introduced Ms. Jessica Falkos who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Jessica K. Falkos retired from the
Chesterfield County Health Department on October 1, 2000 after
providing more than 33 years of quality services to the
citizens of Chesterfield County; and
WHEREAS, Ms. Falkos faithfully served the County in the
capacity of Public Health Nurse, protecting and promoting the
health of the community for 15 years; and
WHEREAS, Ms. Falkos was promoted to Nurse Manager and was
the first and only nurse to hold this position and has provided
outstanding leadership to the Health District's nursing staff
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for the past 18 years; and
WHEREAS, Ms. Falkos has demonstrated exemplary management
skills, which are reflected in the recognition of Chesterfield
Health District as one of the leaders in public health for the
State of Virginia; and
WHEREAS, Ms. Falkos served on the Comprehensive Services
Act Policy and Management Board to coordinate services to the
County's at-risk children; and
WHEREAS, Ms. Falkos has worked diligently for the
development of public/private partnerships with other County
departments and area businesses to implement programs such as
Healthy Families and the Seibel Children's Health Care Center;
and
WHEREAS, Ms. Falkos provided leadership and support during
the development and expansion of the Chesterfield County School
Health Program; and
WHEREAS, Ms. Falkos was recognized in 1997 as the Virginia
State Public Health Nurse of the Year for her many significant
contributions and achievements in public health nursing
practice, the operations of Chesterfield Health District, and
the surrounding comraunities; and
WHEREAS, Ms. Falkos is highly respected by her peers and
staff for her loyalty and devotion to the citizens of
Chesterfield Health District.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Ms. Jessica K.
Falkos for her many years of dedicated service and extends, on
behalf of its members and the citizens of Chesterfield County,
their appreciation for her service to the County, their
congratulations upon her retirement, and their best wishes for
a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Ms. Falkos 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.
Mr. Warren presented the executed resolution to Ms. Falkos,
expressed appreciation for her dedicated service to the County,
and wished her well in her retirement.
Dr. Nelson presented Ms. Falkos with a Jefferson Cup and
expressed appreciation for her dedicated service.
5.C. RECOGNIZING HEALTH CENTER COMMISSION ~.~RRS FOR THEIR
SERVICE
5.C.1. DR. RICHAPJ) BELGRAD, CLOVER HILL DISTRICT
Mr. Mast introduced Dr. Richard Belgrad who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
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WHEREAS, Dr. Richard Belgrad served as a volunteer member
of the Chesterfield County Health Center Commission from June
1993 through June 2000, representing the Clover Hill District
with an unselfish quality and energy that is to be admired by
all; and
WHEREAS, Dr. Belgrad brought to the Commission experience
in health care from his extensive career as an oncology
radiologist at Johnston-Willis Hospital; a private practice
radiologist; Associate Professor of Radiology, Medical College
of Virginia; and visiting radiologist, Sheba Medical Center,
Tel Hashomer Israel; and
WHEREAS, during Dr. Belgrad's tenure he was involved with
Lucy Corr Nursing Home's transition from a department of
Chesterfield County to an independent Health Center Commission;
served as a member of the Marketing Committee which developed
the Center's name, logo and general media coverage; and was
also involved in the Brandermill Woods Project and the
development of the new 240 bed Health Care Center; and
WHEREAS, Dr. Belgrad exhibited a caring attitude for Lucy
Corr Village residents, employees, family members and citizens
of the community, by using his professional medical expertise
when considering the decisions rendered; and
WHEREAS, Dr. Belgrad's dedication, loyalty and involvement
have been of such magnitude they have brought credit not only
upon himself, but also Chesterfield County, the Chesterfield
County Health Center Commission and Lucy Corr Village; and
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the outstanding
contributions of Dr. Richard Belgrad and extends, on behalf of
the Health Center Commission, Lucy Corr Village, and the
citizens of Chesterfield County, its appreciation for his
service and dedication to improving the quality of life to
those we serve.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Dr. Belgrad 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.
Mr. Warren presented the executed resolution to Dr. Belgrad,
accompanied by Mr. Mast and members of the Health Center
Commission, and expressed appreciation for his service on the
Health Center Commission.
Dr. Belgrad expressed appreciation to the Board for the
opportunity to serve the County and improve the quality of life
for its citizens.
5.C.2. MS. SHIRLEY A. BARTLEY, MIDLOTHIAN DISTRICT
Mr. Mast introduced Ms. Shirley Bartley who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
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WHEREAS, Ms. Shirley A. Bartley served as a volunteer
member of the Chesterfield County Health Center Commission from
June 1996 through June 2000, representing the Midlothian
District with an unselfish quality and energy that is to be
admired by all; and
WHEREAS, Ms. Bartley brought the Commission experience in
health care planning and administration from her extensive
career as an independent consultant and private researcher;
Assistant for Planning/ Assistant Professor; Special Consultant
to the President through AmeriHealth, Incorporated; and
Assistant Administrator of Chippenham Medical Center; and
WHEREAS, during Ms. Bartley's tenure as a member of the
Health Center Commission Call to Action Committee, she
supported legislative issues involved with increasing long-term
care Medicaid reimbursement and development of the new 240 bed
Health Care Center; and
WHEREAS, Ms. Bartley exhibited a caring attitude for Lucy
Corr Village residents, employees, family members and citizens
of the community, by carefully considering the decisions
rendered; and
WHEREAS, Ms. Bartley's dedication, loyalty and involvement
have been of such magnitude they have brought credit not only
upon herself, but also Chesterfield County, the Chesterfield
County Health Center Commission and Lucy Corr Village.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the outstanding
contributions of Ms. Shirley Bartley and extends, on behalf of
the Health Center Commission, Lucy Corr Village, and the
citizens of Chesterfield County, its appreciation for her
service and dedication to improving the quality of life to
those we serve.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Ms. Bartley 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.
Mr. Barber presented the executed resolution to Ms. Bartley,
accompanied by Mr. Mast and members of the Health Center
Commission, and expressed appreciation for the expertise she
provided to the Health Center Commission.
Ms. Bartley expressed appreciation to the Board for the
opportunity to serve on the Health Center Commission.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
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8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to nominate/appoint members to
serve on the Towing Advisory Board and the Joint Accident
Review Board.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.A.1. TOWING ADVISORY BOARD
Mr. Barber requested that Mr. Ramsey provide him with
information relative to negotiated services provided by towing
companies in the County.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
nominated/appointed Mr. Edward S. Guice and Mr. Randy D.
Dalton, alternate, to serve on the Towing Advisory Board, whose
terms are effective immediately and will be at the pleasure of
the Board.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.A.2. JOINT ACCIDENT REVIEW BOARD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
nominated/appointed Mr. Edward S. Guice and Mr. Randy D.
Dalton, alternate, to serve on the Joint Accident Review Board,
whose terms are effective immediately and will be at the
pleasure of the Board.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.B. STREETLIGHT INSTALLATION APPROVALS
After brief discussion, on motion of Mr. Miller, seconded by
Mr. McHale, the Board approved the following streetlight
installation cost approval:
Dale District
* Carryback Drive and Shady Creek Road
Cost to install streetlight: $1,003.50
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
Mrs. Humphrey stated that, although the Woodpecker Road site
does not meet the minimum criteria, she feels the streetlight
should be installed for public safety reasons.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to approve the following streetlight installation
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cost approvals:
Matoaca District
* Woodpecker Road, vicinity of 7921
Cost to install streetlight: $2,026.81
* Eagle Rock Avenue and Mistwood Forest Drive
Additional cost to install streetlight: $176.51
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C. CONSENT ITEMS
8. C. 1. ADOPTION OF RESOLUTIONS
8.C.1 .a.
RECOGNIZING MR. J. R. SEXTON, INFOR~L~TION SYSTEMS
TECHNOLOGY, UPON HIS RETIRF_/~ENT
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. J. R. Sexton will retire on October 27, 2000
from the Information Systems Technology Department; and
WHEREAS, Mr. Sexton has provided 23 years of quality
service to the citizens of Chesterfield County; and
WHEREAS, Chesterfield County and the Board of Supervisors
will miss Mr. Sexton's diligent service; and
WHEREAS, Mr. Sexton, as Systems Consultant, demonstrated
exceptional leadership skills in providing quality information
system services; and
WHEREAS, Mr. Sexton has
accomplishments to the County,
application systems; and
provided
particularly
significant
regarding
WHEREAS, Mr. Sexton has provided excellence in performance
and service to Information Systems Technology's strategic and
tactical support of County objectives; and
WHEREAS, Mr. Sexton has earned the respect and admiration
for his work ethic; and
WHEREAS, Mr. Sexton's active participation in community
projects such as the United Way Campaign, Christmas Mother
Program and other community service activities exhibited
thoughtful concern for his fellow citizens; and
WHEREAS, Mr. Sexton's creativity, intuitiveness and
communication skills exceeded the standards of excellence for
Chesterfield County; and
WHEREAS, Mr. Sexton's professionalism, enthusiasm and
loyalty will be remembered by all.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mr. J. R. Sexton and
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extends their appreciation for his dedicated 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.
8.C.l.b. RECOGNIZING MR. RICHARD E. PAGE FOR HIS DILIGENT
EFFORTS ON BEHALF OF CHESTERFIELD COUNTY
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. Richard E. Page is a citizen of Chesterfield
County and a homeowner in the Surreywood Subdivision; and
WHEREAS, Mr. Page identified the need for streets in his
neighborhood to be repaved; and
WHEREAS, Mr. Page brought this need to the attention of
Chesterfield County and the Virginia Department of
Transportation at its FY01-FY06 Six-Year Plan Secondary Road
Hearing; and
WHEREAS, because of Mr. Page's diligence and tireless
efforts, the streets in Surreywood were repaved.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mr. Richard E. Page and
expresses appreciation for his commitment to his community and
Chesterfield Ceunty.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.l.c. SUPPORTING THE DESIGN FOR THE LAKEVIEW ROAD/
WOODPECKER ROAD INTERSECTION IMPROVEMENT PROJECT
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Lakeview Road/Woodpecker Road intersection is
expected to carry over 8,700 vehicles per day by 2013; and
WHEREAS, numerous accidents have occurred
intersection of Lakeview Road/Woodpecker Road; and
at the
WHEREAS, Lakeview Road/Woodpecker Road intersection should
be improved to help reduce the number of accidents; and
WHEREAS, the Lakeview Road/Woodpecker Road Intersection
Improvement Project is included in Chesterfield County's
Secondary Road Six Year Improvement Plan; and
WHEREAS, the Virginia Department of Transportation (VDOT)
has conducted a public hearing en the design ef the Lakeview
Road/Weedpecker Read Intersection Imprevement Preject.
NOW, THEREFORE BE Il' RESOLVED, that the Chesterfield
County Board of Supervisors supports VDOT's Lakeview
Road/Woodpecker Road Intersection Improvement Project design.
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AND, BE IT FURTHER RESOLVED, that the Board requests VDOT
to proceed with the right-of-way acquisition and construction
of the project as quickly as possible.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.l.d. RECOGNIZING MR. JAMES W. DUNN FOR TEN YEARS OF
SERVICE TO THE GREATER RICHMOND AREA
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. James W. Dunn began his career as a
professional chamber executive in Devil's Lake, North Dakota in
1970; and
WHEREAS, Mr. Dunn served in local chambers of commerce in
Ohio, Virginia and Georgia before becoming president of the
Greater Richmond Chamber of Commerce in 1990; and
WHEREAS, Mr. Dunn received the 1999 Leadership Award
presented by the Richmond First Club and University of
Richmond's Jepson School of Leadership Studies; and
WHEREAS, this award recognized his leadership in advancing
the quality of governance, of public service and of life in the
Richmond Metropolitan Area; and
WHEREAS, Mr. Dunn was awarded the Certified Chamber
Executive designation by the American Chamber of Commerce
Executives (ACCE) in 1986, the ACCE's Chairman's Award in 1990,
and was Virginia's Outstanding Chamber Executive in 1995; and
WHEREAS, Mr. Dunn's service has improved the appeal of the
Greater Richmond Metropolitan Area to businesses, and has
contributed to the outstanding quality of life the region
offers.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mr. James W. Dunn,
expresses appreciation for his contributions to the region, and
wishes him many more happy and successful years with the
chamber.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.l.e. NAMING THE SWIFT CREEK WATER PLANT THE ~ADDISON-
EVANS WATER PRODUCTION AND LABORATORY FACILITY"
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Chesterfield County has been exceedingly
fortunate that Mr. Donald E. Addison and Mr. Herbert W. Evans,
Jr. have devoted over forty-nine years of service to the
County, providing its citizens with safe, high quality drinking
water; and
WHEREAS, Mr. Addison began his career with the Utilities
Department in 1965 and served as plant manager of the Swift
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Creek Water Plant from its opening in 1966 until 1984 and Mr.
Evans began his career with the Utilities Department in 1967
and served as plant manager ef the Swift Creek Water Plant from
1984 until 1996; and
WHEREAS, under their leadership and direction, the Swift
Creek Water Plant became and continues to be recognized by
other utilities and regulatory agencies as one of the best
operated and maintained facilities in the state; and
WHEREAS, Mr. Addison, through his experience, organization
skills, and foresight, developed highly effective operational
programs and procedures for producing quality drinking water,
and by his continual, capable administration of these
procedures, established standards of excellence that have
prevailed at the Swift Creek Water Plant to the present; and
WHEREAS, Mr. Evans, through his significant knowledge and
expertise in the science of drinking water, established the
first laboratory at Swift Creek Water Plant, performing not
only mandated drinking water testing, but developing and
implementing water quality monitoring programs and procedures
far exceeding regulatory requirements, and further continued
his principle of exceeding expectations and accepting no less
than superior water quality in his later role as plant manager;
and
WHEREAS, the fundamental tenets of excellence in water
production and water quality testing and analysis so firmly
established and practiced by Mr. Addison and Mr. Evans has not
only ensured pure, safe drinking water for the citizens of
Chesterfield County and established the Swift Creek Water Plant
as an exemplary facility; it has further established these
individuals as memorable icons in the drinking water industry.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the leadership and
dedication of Mr. Donald E. Addison and Mr. Herbert W. Evans,
Jr. by naming the County's Swift Creek Water Plant and
Laboratory the "Addison-Evans Water Production and Laboratory
Facility."
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.l.f. RECOGNIZING MR. JASON KEITH FORD UPON ATTAINING
THE RANK OF EAGLE SCOUT
On motion of Mr. McHale, seconded by Mr. Warren, 'the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910; and
WHEREAS, the Boy Scouts of America was founded to promote
citizenship training, personal development, and fitness of
individuals; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of fields, serving in a leadership position in
a troop, carrying out a service project beneficial to his
community, being active in the troop, demonstrating Scout
spirit, and living up to the Scout Oath and Law; and
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WHEREAS, Mr. Jason Keith Ford, Troop 183, sponsored by
Saint Ann's Catholic Church, has accomplished those high
standards of commitment and has reached the long-sought goal of
Eagle Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Jason is
indeed a member of a new generation of prepared young citizens
of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Jason Keith Ford and acknowledges the good fortune of
the County to have such an outstanding young man as one of its
citizens.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.2. APPROPRIATION OF PART C FUNDING FOR AN ONGOING GRANT
FOR EARLY INTERVENTION FOR INFANTS AND TODDLERS WITH
DISABILITIES AND THEIR FAMILIES INITIATIVE
On motion of Mr. McHale, seconded by Mr. Warren, the Board
accepted and appropriated $235,986 in state and federal funds
for the Part C (Early Intervention for Infants and Toddlers
with Disabilities and Their Families) Program of the
Chesterfield Interagency Coordinating Council, an ongoing
grant, administered by the Chesterfield Community Services
Board and coordinated by the Community Services Board Infant
Program. (It is noted the funds will be monitored by the
Department of Mental Health, Mental Retardation and Substance
Abuse, separate from the Department's FY2001 operating budget.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.3. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO PARKS AND
RECREATION DEPARTMENT TO COMPLETE FENCING AROUND THE
HOCKEY FIELD AT JAMES RIVER HIGH SCHOOL
On motion of Mr. McHale, seconded by Mr. Warren, the Board
transferred $1,443 from the Midlothian District Improvement
Fund to the Parks and Recreation Department to complete the
fencing around the hockey field at James River High School.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.4. APPROVAL OF AN AWARD RECEIVED FROM THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS
FY2000 LOCAL LAW ENFORCEMENT BLOCK GRANT AN~
APPROPRIATION OF FUNDS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
authorized the Police Department to accept an award from the
U.S. Department of Justice, Office of Justice FY2000 Local Law
Enforcement Block Grant, in the amount of $71,064, for
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purchasing equipment to enhance community policing and crime
prevention efforts, and appropriate the necessary funds. (It
is noted the source of the required local match of $7,896 for
FY2001 will be the Police Department's Uniform Operations
operating budget.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: Nene.
8.C.5. APPROVAL OF CONTRACTS
8.C.5.a. WITH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY
FOR THE REMOVAL OF CHLORFLUOROCARBON (CFC) AND
HYDROCHLOROFLUOROCARBON (HCFC) GASES FROM USED
APPLIANCES
On motion of Mr. McHale, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a contract for
the removal of chlorfluorocarbon (CFC) and hydrochlorofluoro-
carbon (HCFC) gases from used appliances with the Central
Virginia Waste Management Authority and Tri-City Appliances at
a cost of ten dollars per appliance.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.5.b. WITH GODSEY AND SON FOR CRESCENT PARK SEWER
IMPROVEMENTS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
awarded a construction contract in the amount of $231,301.55 to
Godsey and Son for County Project Number 91-0077 - Crescent
Park Sewer Improvements, and authorized the County
Administrator to execute any necessary documents.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.6. STATE ROAD ACCEPTANCE
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below 'to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of VirGinia, and the Department's
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, a~s described, and any
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necessary easements for cuts, fills and
AND, BE IT FURTHER RESOLVED, that a
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: Salisbury Falkirk, Section 1
· Senlac Court, State Route Number: 4049
From: Worchester Rd., (Rt. 4088)
To: Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98,
with a width of 50 Ft.
· Thorney Court, State Route Number: 4048
From: Worchester Rd., (Rt. 4088)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98,
with a width of 50 Ft.
· Worchester Court, State Route Number: 4089
From: Worchester Rd., (Rt. 4088)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98,
with a width of 50 Ft.
· Worchester Road, State Route Number: 4088
From: W. Salisbury Rd., (Rt. 902)
To: Worchester Ct., (Rt. 4089), a distance of: 0.04 miles.
Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98,
with a width of 50 Ft.
· Worchester Road, State Route Number: 4088
From: Worchester Ct., (Rt. 4089)
To: Thorney Ct., (Rt. 4048), a distance of: 0.07 miles.
Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98,
with a width of 50 Ft.
· Worchester Road, State Route Number: 4088
From: Thorney Ct., (Rt. 4048)
To: Senlac Ct., (Rt. 4049), a distance of: 0.07 miles.
Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98,
drainage.
certified copy of
Engineer for
this
the
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with a width of 50 Ft.
· Worchester Road, State Route Number: 4088
From: Senlac Ct., (Rt. 4049)
To: End of section, a distance of: 0.04 miles
Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of
pursuant to ~ 33.1-229, Code of Virginia, and
Subdivision Street Requirements.
AND, BE IT FURTHER
clear and unrestricted
necessary easements for
AND,
resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Chan.qe to the Secondary System of State Hi.qhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Salisbury, Falkirk Section 2
· Dorsetshire Court, State Route Number: 4053
From: Worchester Rd., (Rt. 4088)
To: Cul-de-sac, a distance of: 0 03 miles.
Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit Court in Pb. 96; Pg. 15,
with a width of 50 Ft.
· Mortemer Road, State Route Number: 4028
From: Worchester Rd., (Rt. 4088)
To: Winterfield Rd., (Rt. 714), a distance of: 0.12 miles.
Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit Court in Pb. 96; Pg. 15,
with a width of 50 Ft.
· Worchester Road, State Route Number: 4088
From: Existing Worchester Rd., (Rt. 4088)
To: Mortemer Rd., (Rt. 4028), a distance of: 0.04 miles.
Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit COurt in Pb. 96; Pg. 15,
with a width of 50 Ft.
state highways,
the Department' s
RESOLVED, that this Board guarantees a
right-of-way, as described, and any
cuts, fills and drainage.
BE IT FURTHER RESOLVED, that a certified copy of this
for the
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· Worchester Road, State Route Number: 4088
From: Mortemer Rd., (Rt. 4028)
To: Dorsetshire Ct., (Rt. 4053), a distance of: 0.10 miles.
Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit Court in Pb. 96; Pg. 15,
with a width of 50 Ft.
· Worchester Road, State Route Number: 4088
From:
Dorsetshire Ct., (Rt. 4053)
To:
Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit Court in Pb. 96; Pg. 15,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the street 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 street meets the
requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virginia, and the Department's
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Highways:
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Addition
Project:
·
From:
To:
Salisbury, Hearthland Section
Worchester Road, State Route Number: 4088
W. Salisbury Rd., (Rt. 902)
Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 4/19/1996 with the Office Of Clerk To Circuit Court in Pb. 90; Pg. 31,
with a width of 50 Ft.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
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8.C.7. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO
TERMINATE THE CONTRACT WITH ATS, INCORPORATED FOR
RISK MANAGEMENT INFORMATION SYSTEM SOFTWARE DUE TO
NON- PERFORMANCE
On motion of Mr. McHale, seconded by Mr. Warren, the Board
authorized the County Administrator to terminate the contract
with ATS, Incorporated for Risk Management information system
software due to non-performance.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.8. SET DATE FOR PUBLIC HEARINGS
8.C.8.a. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK
TRAFFIC ON POCOSHOCK BOULEVARD
On motion of Mr. McHale, seconded by Mr. Warren, the Board set
the date of November 8, 2000 at 7:00 p.m. for a public hearing
to consider the restriction of through truck traffic on
Pocoshock Boulevard between Hull Street Road and Elkhardt Road.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.8.b. TO CONSIDER THE ABANDONMENT OF A PORTION OF
CONTINENTAL BOULEVARD, STATE ROUTE 926
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adopted the following resolution:
Resolution of Chesterfield County's intention to consider a
Resolution and Order to abandon a portion of Continental
Boulevard, State Route 926.
Pursuant to Section' 33.1-151 of the Code of Virginia,
1950, as amended, be it resolved that the Chesterfield County
Board of Supervisors hereby gives notice that at a regular
meeting to be held on December 20, 2000, at 7:00 p.m. it will
consider a Resolution and Order to abandon a portion of
Continental Boulevard, State Route 926, from 0.07 miles south
of Touchstone Drive, State Route 927 to Touchstone Drive, State
Route 927, a distance of 0.07 miles, since it serves no public
necessity and is no longer necessary as a part of the secondary
system of State Highways.
Accordingly, the Clerk of the Board shall send a copy of
this Resolution to the State Transportation Commissioner
thereof. The Clerk shall further cause to be published and
posted the required notices of the Board's intention to abandon
a portion of Continental Boulevard, State Route 926.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.9. APPROVAL OF CHANGE ORDERS
8.C.9.a. FOR THE GOVERNMENT CENTER pARKING LOT PROJECT
On motion of Mr. McHaie, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a change order
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iO/ii/O0
up to $50,000 for additional paving for the Government Center
Parking Lot Project.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.9.b. TO THE CONSTRUCTION CONTRACT WITH KENBRIDGE
CONSTRUCTION COMPANY FOR THE JUVENILE AND DOMESTIC
RELATIONS COURTS PROJECT
On motion of Mr. McHale, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a change order
with Kenbridge Construction Company, in the amount of $34,384
for revisions to the lawn irrigation system at the Juvenile and
Domestic Relations Courts Project.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.9.c. FOR WATER LINE REPLACEMENT ALONG MORNING HILL LANE/
MORNING HILL COURT
On motion of Mr. McHale, seconded by Mr. Warren, the Board
authorized the County Administrator to execute the necessary
documents to process Change Order %1 /Final) for County Project
#99-0031, Water Line Replacement along Morning Hill Lane/
Morning Hill Court.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.9.d. FOR WATER LINE REHABILITATION, QUAIL HILL PHASE TWO
On motion of Mr. McHale, seconded by Mr. Warren, the Board
authorizes the County Adminis5rator to execute the necessary
documents to process Change Order #1 (Final) for County Project
#99-0151, Water Line Rehabilitation, Quail Hill Phase Two.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.10. APPROVAL OF CONSTRUCTION CONTRACT AND APPROPRIATION
OF FUNDS FOR LAKE CHESDIN PARK, PHASE ONE PROJECT
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Warren, the Board authorized the County Administrator to
execute a construction contract with Shoosmith Brothers,
Incorporated in the amount of $307,692, for work at Lake
Chesdin Park to construct Phase I facilities, including a new
access road, boat trailer/car parking lot, light boat launch
access to the lake and a small picnic area.
And, further, the Board appropriated $100,000 from the Parks
and Recreation Cash Proffer Account to the Lake Chesdin Park
Phase I Capital Project Account.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
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8.C.11. APPROPRIATION OF FUNDS FOR THE GROVE SHAFT PARK,
PHASE ONE PROJECT
On motion of Mr. McHale, seconded by Mr. Warren, the Board
authorized the County Administrator to appropriate $70,000 from
the Parks and Recreation Cash Proffer Account to the Grove
Shaft Park Capital Project Account for initial engineering and
site development of Phase I of the Grove Shaft Park Project.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.12. INITIATION OF A VARIANCE APPLICATION TO THE BOARD OF
ZONING APPEALS FOR RIGHT SIDE YARD SETBACK FOR A
RESIDENCE ON GREENYARD ROAD
On motion of Mr. McHale, seconded by Mr. Warren, the Board
initiated an application for a variance for the right yard
setback at 6721 Greenyard Road to correct a building permit
error in 1988.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.13. APPROVAL OF TIME EXTENSION FOR ZONING ORDINANCE
AMENDMENT RELATIVE TO ELECTRONIC MESSAGE CENTER
SIGNS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
granted the Planning Commission an additional 100 days to make
its recommendation on the Zoning Ordinance Amendment relative
to electronic message center signs.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.14. AUTHORIZATION TO EXECUTE A SUBORDINATION AGREEMENT
FOR THE COUNTY'S WATER ASSESSMENT LIEN ON PROPERTY
OWNED BY CHARLES AND DAWN GROSIK
On motion of Mr. McHale, seconded by Mr. Warren, the Board
authorized the County Administrator to execute an agreement
subordinating the County's water' assessment district lien to a
first mortgage for Charles and Dawn Grosik.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.15. APPROVAL OF WASTEWATER CONTRACT FOR OTTERDALE BRANCH
TRUNK SEWER TO LAKE SUMMER
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved the following wastewater contract for Otterdale Branch
Trunk Sewer to Lake Summer - Contract Number 94-0007, which
project includes the extension of 1,343 L.F.± of 24-inch
oversized wastewater lines:
Developer: Otterdale Development Company, LLC
Contractor: Browning Construction Company
Contract Amount: Estimated Total - $~42,331.00
Total Estimated County Cost:
Wastewater (Oversizing) $15,859.28
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Wastewater (Off-Site) $36,400.73
Estimated Developer Cost $90,070.99
Code: (Refund thru connections - Oversizing) 5N-572V0-E4C
(Refund thru connections - Off-Site) 5N-572V0-E4D
District: Matoaca
(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.
8.C.16. APPROVAL OF UTILITY CONTRACT FOR BAYHILL POINTE
SEWER TRUNK, PHASE THREE
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved the following Utility Contract for Bayhill Pointe
Sewer Trunk, Phase 3 - Contract Number 98-0377, which project
consists of 838 L.F. ! of 20-inch, 2,573 L.F. i of 21-inch, and
350 L.F. + of 24-inch oversized sewer lines:
Developer:
Contractor: G. L. Howard, Incorporated
Contract Amount: Estimated Total -
Total Estimated County Cost:
Wastewater (Oversizing)
Wastewater (Off-Site)
Estimated Developer Cost
Code: (Cash Refund - Oversizing)
(Refund thru connections - Off-site)
District: Matoaca
Bayhill Development Corporation
$429,576.00
$60,692.60
$59,561.50
$309,321.90
5N-572W0-E4C
5N-572V0-E4D
(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.
8.C.17. REQUESTS FOR PERMISSION
8.C.17.a. FROM RUSSELL E. BAILEY AND NELLIE D. BAILEY TO
INSTALL A WATER SERVICE FOR AN EXISTING RESIDENCE
ON BELCHERWOOD ROAD
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved a request from Russell E. Bailey and Nellie D. Bailey
for permission to install a water service within a private
easement to serve property at 7811 Belcherwood Road, and
authorized the County Administrator to execute the water
connection 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.
8 .C.17.b.
FROM VERIZON VIRGINIA, INCORPORATED TO INST,?.?.
UNDERGROUND FIBER OPTIC CABLE ACROSS HA/~PTON PAPJ{
DRIVE
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved a request from Verizon Virginia, Incorporated for
permission to install underground fiber optic cable across
Hampton Park Drive, subject to the execution of a license
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00-659
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.
8.C.17.c. FROM AUBREY L. AND JOYCE W. CARROLL FOR AN EXISTING
FENCE AND CONCRETE DRIVEWAY TO ENCROACH WITHIN A
SIXTEEN FOOT DRAINAGE EASEMENT ACROSS LOT 29,
BIGGIN POND, SECTION i
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved a request from Aubrey L. and Joyce W. Carroll for
permission to have an existing wooden privacy fence and
concrete driveway encroach within a sixteen foot drainage
easement across Lot 29, Biggin Pond, Section 1, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.17.d. FROM NORMAN D. AND VICKI L. MURPHY FOR AN EXISTING
FENCE TO ENCROACH WITHIN A SIXTEEN FOOT DRAINAGE
EASEMENT ACROSS LOT 13, BIGGIN POND, SECTION I
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved a request from Norman D. and Vicki L. Murphy for
permission to have an existing wooden privacy fence encroach
within a sixteen foot drainage easement across Lot 13, Biggin
Pond, Section 1, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.17.e. FROM HOWARD AND ELLEN C. CARVER TO INSTALL DRAINAGE
FACILITIES WITHIN A THIRTY FOOT GREENWAY EASEMENT
ACROSS LOT 34, BLOCK A, REEDS LANDING, SECTION A
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved a request from Howard and Ellen C. Carver for
permission to install drainage facilities within a thirty foot
greenway easement across Lot 34, Block A, Reeds Landing,
Section A, 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.
8.C.18. ACCEPTANCE OF PARCELS OF LAND
8.C.18.a. ALONG THE WEST LINE OF BURGE AVENUE FROM R. W.
RAMSEY REALTY CORPORATION
On motion of Mr. McHale, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.023
acres along the west line of Burge Avenue (State Route 1470)
from R. W. Ramsey Realty Corporation, and!authorized the County
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00-660
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.
8.C.18.b. ALONG THE WEST LINE OF MOSELEY ROAD FROM
SKINQUARTER BAPTIST CHURCH
On motion of Mr. McHale, seconded by Mr. Warren, the Board
accepted the conveyance of two parcels of land containing 0.075
acres along the west line of Moseley Road (State Route 605)
from Skinquarter Baptist Church, 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.
8.C.18.c. ALONG THE WEST LINE OF OLD BON AIR ROAD FROM
T AND N DEVELOPMENT, LLC
On motion of Mr. McHale, seconded by Mr. Warren, the Board
accepted the conveyance of two parcels of land containing a
total of 0.028 acres along the west line of 01d Bon Air Road
(State Route 718) from T and N Development, LLC, 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.
8.C.19.
REQUEST TO QUITCLAIM A VARIABLE WIDTH DRAINAGE
EASEMENT ACROSS THE PROPERTY OF STRANGE'S FLORIST
INCORPORATED
On motion of Mr. McHale, Seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width drainage easement across the property of
Strange's Florist, 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.
8.C.20. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY TO INSTALL UNDERGROUND POWER LINES TO
PROVIDE SERVICE FOR CHESTERFIELD MINI STORAGE
On motion of Mr. McHale, seconded by Mr. Warren, 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 underground
power lines to provide service for Chesterfield Mini Storage.
(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.
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8 .C.21. INITIATION OF AN APPLICATION FOR SUBSTANTIAL ACCORD
AND A CONDITIONAL USE AND VARIANCE FOR HEIGHT
RESTRICTIONS TO PERMIT A WATER TANK AND CELLULAR
EQUIPMENT
On motion of Mr. McHale, seconded by Mr. Warren, the Board
initiated an application for substantial accord and a
conditional use and variance for height restrictions to permit
a water tank and cellular equipment on property at 16400
Midlothian Turnpike (711-709-0391) and the existing access
easement across 16500 Midlothian Turnpike (710-710-0358), and
appointed Mr. John Harmon, County Right of Way Manager as the
Board's agent.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.22. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.22.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
POLICE DEPARTMENT TO PURCHASE REPLACEMENT BICYCLES
FOR COMMUNITY POLICING OFFICES
On motion of Mr. McHale, seconded by Mr. Warren, the Board
transferred $2,500 from the Dale District Improvement Fund to
the Police Department to purchase replacement bicycles for the
community policing offices.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
8.C.22.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE ENVIRONMENTAL ENGINEERING DEPARTMENT FOR THE
PURCHASE AND INSTALLATION OF RIP RAP WITHIN COUNTY
DRAINAGE EASEMENTS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
transferred $2,000 from the Midlothian District Improvement
Fund to the Environmental Engineering Department to purchase
and install rip rap in County drainage easements.
Ayes: Warren, Humphrey, Barber, HcHale and Miller.
Nays: None.
8.C.22.c. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
VIRGINIA STATE UNIVERSITY SCHOLARSHIP PROGRAM
On motion of Mr. McHale, seconded by Mr. Warren, the Board
transferred $2,000 from the Matoaca District Improvement Fund
to the Virginia State University Scholarship Fund, to be
designated for a Chesterfield County student.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED iMATTERS OR CLAIMS
There were no Hearings of Citizens on Unscheduled Matters or
Claims at this time.
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10. REPORTS
On motion of Mr. McHale, seconded by Mr. Warren, 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
BON AIR VISTA (Effective 8/30/2000)
Winterslow Road (Route 4194) - From
Route 2142 to Route 4197
0.08 Mi
Winterslow Road (Route 4194) - From
Route 4197 to Cul-De-Sac
0.06 Mi
Winterslow Terrace (Route 4197) - From
Cul-De-Sac to Route 4194
0.07 Mi
GREENSIDE AT RIVER'S BEND, SECTION 1 (Effective 8/9/2000)
Green Garden Circle (Route 5267) - From
Route 4844 East to 0.01 Mile East Route 4844 East
0 O1 Mi
Green Garden Circle (Route 5267) - From
0.02 Mile West Route 4843 to Route 4843
0 02 Mi
Green Garden Circle (Route 5267) - From
Route 4843 to Route 4844 West
0 03 Mi
Green Garden Circle (Route 5267) - From
Route 5266 to Route 4844 East
0 02 Mi
Green Garden Circle (Route 5267) - From
Route 4844 West to Route 5266
0 02 Mi
Green Garden Circle (Loop) (Route 4844) - From
Route 5267 West to Route 5267 East
0 05 Mi
Green Garden Way (Route 4843) - From 0.06 Mile
North Route 5267 to 0.16 Mile North Route 5267
Via Circle
0 10 Mi
Greenside Court (Route 4842) - From
Route 5266 to Cul-De-Sac
0 06 Mi
Greenside Drive (Route 5266) - From
Route 4842 to Route 4840
0 11 Mi
Greenside Drive (Route 5266) - From
Route 5268 to Route 4842
0 05 Mi
Greenside Drive (Route 5266) - From
Route 5267 to Route 5268
0 05 Mi
Greenside Terrace (Route 5268) - From
Route 5266 to Cul-De-Sac
0 04 Mi
o/l /oo
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LONAS PARKWAY (Effective 8/30/2000)
Lonas Parkway (Route 6045) - From
Cul-De-Sac to Route 360
NAIRN, SECTION 1 (Effective 8/25/2000)
Nairn Court (Route 4979) - From
Cul-De-Sac to Route 4978
Nairn Lane (Route 4978) - From
Route 4979 to Route 4977 North
Nairn Lane (Route 4978) - From
Route 4977 South to Route 4979
Nairn Road (Route 4977) - From
Route 4964 to Route 4978 South
Nairn Road (Route 4977) - From
Route 4978 South to Route 4978 North
South Happy Hill Road (Route 4964) - From
Route 625 to Routes 4965/4977
WATERVIEWS AT THE RESERVOIR (Effective 8/30/2000)
Sailview Court (Route 4633) - From
Cul-De-Sac to Route 4632
Sailview Drive (Route 4632) - From
Route 4633 to Route 604
Sailview Drive (Route 4632) - From 0.03 Mile
South Route 4633 Via Circle to Route 4633
Sailview Drive (Route 4632) - From 0.15 Mile
South Route 4633 to 0.03 Mile South Route 4633
Via Circle
WOODLAND POND, SECTION 10
Owl Trace Drive (Route 3806) - From
Route 3807 to Route 3670
Owl Trace Drive (Route 3806) - From
Cul-De-Sac to Route 3807
Timber Point Drive (Route 3807) - From
Cul-De-Sac to Route 3806
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
0.52 Mi
0.08 Mi
0.11 Mi
0.40 Mi
0.04 Mi
0.07 Mi
0.30 Mi
0.15 Mi
0.11 Mi
0.03 Mi
0.12 Mi
0.21 Mi
0.13 Mi
0.17 Mi
11. DINNER
On motion of Mr. McHale, seconded by Mr. Warren, t'he Board
recessed to the Administration Building, Room 502 for dinner.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00-664
Reconvening:
12. INVOCATION
Reverend Dr. Samuel Robinson, Pastor of Brown Grove Baptist
Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
Boy Scout Richard Champigny, Troop 874, led the Pledge of
Allegiance to the Flag of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14 .A.
RECOGNIZING CAPTAIN BENTON E. WOODRUFF, JR., FIRE
DEPARTMENT, UPON HIS RETIREMENT
Chief Elswick introduced Captain Benton Woodruff who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Captain Benton E. Woodruff, Jr. retired from the
Fire and Emergency Medical Services Department, Chesterfield
County, on October 1, 2000; and
WHEREAS, Captain Woodruff attended Recruit School %1 in
1969 and has faithfully served the County for thirty-one years
in various assignments as a Firefighter at the Bon Air and
Chester Fire Departments, as a Sergeant at the Manchester Fire
Department, as a Lieutenant at the Chester Fire Department and
in the Fire Training Division, as an Administrative Officer, as
Company Commander at the Bon Air Fire Department, and as
Station Captain at the Ettrick Fire Department; and
WHEREAS, in March 1976, Captain Woodruff and his crew were
recognized with a Unit Citation for the successful rescue of a
victim from an apartment fire at Rollingway Apartments; and
WHEREAS, in December 1979, Captain Woodruff was recognized
with the Department's highest award for heroism for his efforts
to rescue a child from a fire on Cosmic Road despite suffering
from heat exhaustion and burns in the attempt; and
WHEREAS, in August 1993, Captain Woodruff received the
Emergency Medical Services Award for his actions at a motor
vehicle accident that resulted in a saved life.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Captain Benton
E. Woodruff, Jr. and extends their appreciation for his
dedicated service to the County, their congratulations upon his
retirement and their best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Captain Woodruff and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
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Mr. Warren presented the executed resolution to Captain
Woodruff, accompanied by members of his family, expressed
appreciation for his dedicated service to the County, and
wished him well in his retirement.
Mr. Ramsey presented Captain Woodruff with a Jefferson Cup and
congratulated him upon his retirement.
Chief Elswick presented Captain Woodruff with a shadowbox
containing his badges.
Captain Woodruff expressed appreciation to the Board for the
recognition.
14.B. RECOGNIZING OCTOBER 12, 2000, AS ~CHRISTMAS MOTHER DAY"
MS. Suzanne Fleming, Assistant Director of Social Work,
introduced Ms. Nan Hailey who was present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, most families in Chesterfield County enjoy peace
and happiness during the Christmas holidays; and
WHEREAS, there are many, including children, the elderly
and the less fortunate, who do not have the means to enjoy this
special time of year; and
WHEREAS, the Chesterfield/Colonial Heights Christmas
Committee has successfully provided food, gifts, and clothing
to many of our citizens in the past; and
WHEREAS, Mrs. Nan Hailey has been elected Christmas Mother
for 2000 and requests support of all the citizens of the County
to ensure that those less fortunate may enjoy this special
season of the year.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes October 12,
2000 as "Christmas Mother Day" and urges all citizens of
Chesterfield County to support this worthy endeavor.
AND, BE IT FURTHER RESOLVED, that the Board of Supervisors
publicly commends the Christmas Committee for their very
successful efforts in past years and extends best wishes for a
successful 2000 season.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mrs. Hailey 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.
Mr. Warren oresented the executed resolution and a
contribution, on behalf of the County, to Mrs. Hailey,
accompanied by several members of the Christmas Mother
Committee, and wished her well in her endeavors as Christmas
Mother.
Mrs. Hailey expressed appreciation to the Board for their
support of the Chesterfield/Colonial Heights Christmas Mother
00-666
Program and stated that 1,500 families were assisted by the
program in 1999.
14 .C.
RECOGNIZING OCTOBER 2000, AS ~DOMESTIC VIOLENCE
AWARENESS MONTH"
Mr. Stegmaier introduced Ms. Janett Forte, Domestic Violence
Resource Center Coordinator, who was present to receive the
resolution.
Ms. Forte introduced several members of the Domestic Violence
Task Force and domestic violence service providers who were
present at the meeting.
On behalf of the Board, the following resolution was adopted:
WHEREAS, violence in the home continues as a major social
problem affecting all members of the family and community and
dramatically reduces the quality of life for many citizens; and
WHEREAS, we understand the problems of domestic violence
occur among people of all ages and in families of all economic,
racial and social backgrounds; and
WHEREAS, the crime of domestic violence violates an
individual's privacy, dignity, security and humanity due to
systematic use of physical, emotional, sexual, psychological
and economic control and abuse; and
WHEREAS, the impact of domestic violence is wide ranging,
directly affecting women, men and their children and our
community as a whole; and
WHEREAS, Chesterfield County is committed to supporting
the well being of families by advocating for intervention and
prevention activities that decrease the incidents of domestic
violence; and
WHEREAS, only a coordinated and integrated effort which
obtains a commitment from all elements of the community to
share responsibility in the fight against domestic violence
will put an end to the horrific crime.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the month of
October 2000, as "Domestic Violence Awareness Month" and urges
all citizens to actively support the efforts of the
Chesterfield County Domestic Violence Resource Center, the
Chesterfield Domestic Violence Task Force and our local
domestic violence service providers in working towards the
elimination of domestic violence in our community.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Forte,
accompanied by members of the Domestic Violence Task Force and
domestic violence service providers, and expressed appreciation
for their efforts towards eliminating domestic violence.
Ms. Forte expressed appreciation to the Board for their support
and presented each Board member with a purple ribbon which
signifies commitment to ending domestic violence.
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15.
REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER:
- WITHDRAWALS/DEFERRALS - CASES WHERE THE 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 17
There were no requests for mobile home permits and rezoning on
the consent agenda.
16. PUBLIC HEARINGS
16.A. TO CONSIDER AN ORDINANCE TO ESTABLISH THE ~GREAT
BRANCH SEWER ASSESSMENT DISTRICTS A AND B"
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to establish the
"Great Branch Sewer Assessment Districts A and B" and the
appropriation of funds for the project from the sewer fund
balance.
Mr. Chris Nolen, representing the Hazel B. Copley Estate,
stated that, because the estate holds the largest parcel in
both Districts A and B, it will bear the greatest cost of the
proposed sewer line. He further stated that the proposed
assessment for the property owned by the estate is
approximately $709,000. He stated that the Code of Virginia
requires that the cost to the abutting property owners is not
more than the peculiar benefit to that property owner, and that
he feels the benefit to the estate is less than $700,000.
When asked, Mr. Nolen stated that the fee being assessed is
greater than any benefit the owners of the parcel could ever
receive.
Mr. Miller expressed concerns as to whether the appraisal took
into account the highest and best use of the property for the
existing zone and the probability of rezoning to another
category.
Mr. Barber stated that there is a timeliness issue involved
with adoption of the ordinance because Thomas Dale West has
utility line concerns.
Mr. Nolen stated that he will continue negotiations with the
County Attorney's Office. He submitted a letter for the
record, on behalf of the Hazel B. Copley Estate, objecting to
the proposed assessment and ordinance.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. McHale stated that there have been several development
attempts in the area and that, without public sewer, they did
not make economic sense. He further stated that he feels sewer
will be beneficial to the Copley Estate in marketing their
property. He expressed concerns relative to the need to
replace the private sewer treatment facility currently used by
Thomas Dale West. He stated that he feels the County should
continue negotiations with the Copley Estate, but proceed with
the project.
00-668
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Mr. McHale then made a motion, seconded by Mrs. Humphrey, for
the Board to appropriate $2,101,000 for the Great Branch Sewer
Assessment Districts A and B from the sewer fund balance; set
interest rates equal to the interest rate on one-year U.S.
Treasury Bills on this date; and adopt the following ordinance:
AN ORDINANCE TO CREATE THE GREAT BRANCH
SPECIAL TAX OR ASSESSMENT SEWER DISTRICTS A AND B
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That the Great Branch Special Tax or Assessment Sewer
Districts A and B is created as follows:
Section 1. Definitions.
In the context of this ordinance, the following words
shall have the following meaning:
District A: The Great Branch Special Tax or Assessment
Sewer District A.
District B: The Great Branch Special Tax or Assessment
Sewer District B.
Map of the Districts: The map entitled "Great Branch
Tributary Sewer Assessment Districts A & B" prepared by the
County Department of Utilities, dated January 12, 2000, revised
July 12, 2000, which map is on file with the director of
utilities.
Section 2. Establishment of Great Branch Special Tax or
Assessment Sewer Districts A and B.
Pursuant to Code of Virginia, Section 15.2-2404 et seq.,
there are hereby created in the county the Great Branch Special
Tax or Assessment Sewer Districts A and B. The area of
District A shall be and the same is hereby fixed within the
boundaries depicted as district "~' on the map of the
districts. The area of District B shall be and the same is
hereby fixed within the boundaries depicted as district "B" on
the map of the districts.
Section 3. Construction of certain sewer facilities in and
adjacent to the districts.
The utilities department shall cause to be constructed in and
adjacent to District A and District B the sewer line and
appurtenant facilities depicted on the map of the districts.
Section 4. Taxes or assessments upon owners of property
located within the districts.
The cost of construction of the sewer line and appurtenant
facilities located within District A including the legal,
financial and other directly attributable costs incurred by the
county, shall be apportioned among the owners of property in
District A abutting the sewer line. The amount of the tax or
assessment charged to each such owner shall be in the same
proportion to the total cost of the improvements constructed in
District A as the acreage located in District A which is owned
by the abutting property owners bears to the total acreage in
District A; except that with respect to the four parcels
contained in District A that are being used for residential
iO/ii/O0
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purposes the assessment shall be $4,124.91 per parcel. The
cost of construction of the sewer line and appurtenant
facilities located within District B, including the legal,
financial and other directly attributable costs incurred by the
county, shall be apportioned among the owners of property in
District B abutting the sewer line. The amount of the tax or
assessment charged to each such owner shall be in the same
proportion to the total cost of the improvements constructed in
District B as the acreage located within District B which is
owned by the abutting property owners bears to the total
acreage in District B. The amount finally taxed or assessed
against each landowner in both districts shall be reported to
the treasurer as soon as practicable after completion of the
sewer line and appurtenant facilities located within the
districts, and the treasurer shall enter the same as provided
for other taxes.
Section 5. Installment payment of assessments.
Any person against whom an assessment provided for in this
article has been finally made shall pay the full amount of the
assessment provided for in this article, on the due date of the
first tax bill on which such assessment is shown. In no event,
however, shall any part of the assessment be due prior to the
completion of the sewer line and appurtenant facilities
constructed pursuant to this article. As an alternative to
payment as provided above, a person against whom an assessment
provided for in this article has been made may pay such
assessment in twenty (20) equal semiannual principal
installments over a period of ten (10) years, together with
simple interest on the unpaid principal balance at an annual
rate equal to the interest rate of one-year United States
Treasury Bills on the date when the ordinance was adopted. The
first of such installments shall be due on and interest on the
unpaid principal balance shall accrue from the date on which
the full amount of the assessment would otherwise have been due
as provided above.
Section 6.
This ordinance shall not be set out in the County Code but
shall be kept on file in the office of the director of
utilities.
(2) This ordinance shall be in effect immediately upon
its adoption.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
17. RF24AINING MOBILE HOME PERMITS AND ZONING REQUESTS
01SN0112
In Clover Hill Magisterial District, RICHARD A. AND PAMELA J.
CHAM~I~Y request rezoning and amendment of zoning district map
from Agricultural (A) to Residential (R-25) . Residential use
of up to 1.74 units per acre is permitted in a Residential (R-
25) District. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.0 to 2.5 units per acre.
This request lies on 1.9 acres fronting approximately 120 feet
on the east line of Sussex Drive, across from Kempwood Drive.
Tax ID 761-687-6998 (Sheet 11).
00-670
iO/ii/O0
Ms. Beverly Rogers presented a summary of Case 01SN0112 and
stated that staff recommends approval subject te the applicant
addressing the impact en capital facilities consistent with the
Beard's policy. She further stated that the Planning
Commission recommends approval and acceptance ef two proffered
conditions, indicating that there is a unique family situation
and the request conforms to the Central Area Plan.
There was brief discussion relative te the amount of acreage
owned by the applicant and size comparison ef area parcels.
Mr. Richard Champigny and Mrs. Pamela Champigny stated that the
Planning Commission's recommendation is acceptable.
There was no opposition present·
On motion of Mr. Warren, seconded by Hrs. Humphrey, the Board
approved Case 01SN0112 and accepted the following proffered
conditions:
Development shall be limited to a maximum of one
dwelling unit. (?)
2. All impervious areas shall drain towards Sussex
Drive. (EE)
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
16.B. TO CONSIDER AMENDMENTS TO THE INDUSTRIAL WASTE
DISCHARGE ORDINANCE RELATING TO PENALTIES FOR
VIOLATION OF THE ORDINANCE
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider amendments to the Industrial
Waste Discharge Ordinance relating to penalties for violation
of the ordinance.
Ne eno was present te speak to the ordinance.
After brief discussion, en motion of Hrs. Humphrey, seconded by
Hr. McHale, the Beard adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING AND RE-ENACTING SECTIONS 18-112 AND 18-113
RELATING TO PENALTIES FOR VIOLATION OF
THE INDUSTRIAL WASTE DISCHARGE ORDINANCE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1)
That Sections 18-112 and 18-113 ef the Code ef the
County ef Chesterfield, 1997, as amended, is amended
and re-enacted te read as follows:
Sec. 18-112. Enforcement.
(a) If the director determines that a significant
industrial user has failed to apply for a permit, has violated
the terms ef his permit or has violated any provisions of this
article, the director shall issue a notice ef violation er
administrative order, in accordance with the Enforcement
Response Plan (ERP) developed pursuant te the federal Clean
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00-67i
Water Act. The notice or order shall be sent to the significant
industrial user at the address where the significant industrial
user receives utility bills and shall order the significant
industrial user to correct the violation within 30 days.
o o o
(d) The director shall follow the procedures set forth in
the Enforcement Response Plan that is developed by the director
in accordance with 40 CFR 403.8 to enforce permit violations.
In addition to the ERP and other enforcement procedures that
are provided in this section, the director may seek injunctive
relief to enjoin violations of this article.
Sec. 18-113. Penalties.
(a) Any significant industrial user who fails to comply
with the terms of an Administrative Order within the time
prescribed by the order shall be subject to a civil penalty not
to exceed $25,000 for each day the violation continues. Such
penalty may be imposed administratively by the Director when
permitted by the ERP. If a penalty is imposed by the Director,
the significant industrial user may appeal the imposition of
the penalty as set forth in Section 18-112(b). Any significant
industrial user who violates the provisions of this article
after having been assessed civil penalties pursuant to this
section shall be guilty of a misdemeanor punishable by a fine
of not more than $25,000. Each day the violation continues
shall be a separate offense.
(b) If any person discharges a substance into the
wastewater system, including the sludge system which results in
damage to the county wastewater system, the wastewater
treatment plant providing treatment or other real or personal
property; or which alters the nature or quality of the sludge
or effluent generated by the wastewater treatment plant in a
way that increases the cost of safe sludge removal, sludge
disposal or wastewater treatment, then that person shall be
liable to the county for the cost of all such damage.
(c) If a significant industrial user fails to comply with
the terms of an Administrative Order within the time prescribed
by the Order and the director determines that such failure to
comply creates a significant risk of damage to the County
wastewater system or non-compliance with the County's effluent
discharge limits, then in addition to the other remedies
provided in this article, the director may terminate water
service to the significant industrial user, may suspend the
significant industrial user's permit, may require the
significant industrial user to cease discharging industrial
waste into the wastewater system until it is in compliance with
the article; or may impose some combination of the penalties
and enforcement response actions enumerated in this section.
o o o
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
00-672
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16.C. TO CONSIDER AN AMENDMENT TO SECTION 4-24 OF THE
COUNTY CODE RELATING TO ANIMAL CONTROL
Mr. Micas stated that this date and time has been advertised
for a public hearing to consider an amendment to Section 4-24
of the County Code relating to animal control.
No one was present to speak to the ordinance.
On motion of Mr. Miller, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING AND RE-ENACTING SECTION 4-24 RELATING
TO CONTROL DANGEROUS OR VICIOUS DOGS.
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1)
That Section 4-24 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-
enacted to read as follows:
Sec. 4-24. Control of dangerous or vicious dogs.
(a) If the animal warden receives a complaint or has
reason to believe that a canine or canine crossbreed is a
dangerous dog, he shall undertake an investigation to determine
whether the dog is dangerous. The animal warden shall confine
the animal until a determination is made and any appeals have
been exhausted. If the animal warden determines that the owner
or custodian can confine the animal in a manner that protects
public safety, he may permit the owner or custodian to confine
the animal until such time as evidence shall be heard and a
verdict rendered. The investigation shall include, but not be
limited to, a review of the following: (i) the incident forming
the basis of the complaint; (ii) any other violent acts by the
animal, (iii) interviews with the complainant(s) and anyone
else having knowledge of the animal and (iv) observations of
the animal. In addition, the animal's owner may present
evidence. The animal warden may also seek comments from the
health department. Upon completion of the investigation, the
animal warden shall make a written determination as to whether
the animal is dangerous. If the animal warden determines that
the animal is vicious, he shall follow the procedures in
paragraph (b). If he determines that the animal is dangerous,
the animal's owner shall comply with this section. If the
animal's owner disagrees with the animal warden's determination
that the animal is dangerous, he may file an appeal to the
general district court within 15 days of the date of the animal
warden's determination. The court, through its contempt
powers, may compel the owner to produce the animal for trial.
If, after hearing the evidence, the court finds that the animal
is a dangerous dog, the court shall order the animal's owner to
comply with this section. If, after hearing the evidence, the
court finds that the animal is a vicious dog, the court shall
order the animal euthanized in accordance with section 4-25.
(b) If the animal warden receives a complaint or has
reason to believe that a canine or canine crossbreed is a
vicious dog, he shall apply to a county magistrate for a
summons requiring the owner or custodian, if known, to appear
before a general district court at a specified time. The
summons shall advise the owner of the nature of the proceeding
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and the matters at issue. The animal warden shall confine the
animal until a verdict is rendered on the summons. If the
animal warden determines that the owner or custodian can
confine the animal in a manner that protects public safety, he
may permit the owner or custodian to confine the animal until
such time as evidence shall be heard and a verdict rendered.
The court, through its contempt.. ~ ,~owers, may compel the owner to
produce the animal. If, after hearing the evidence, the court
finds that the animal is a dangerous dog, the court shall order
the animal's owner to comply with this section. If, after
hearing the evidence, the court finds that the animal is a
vicious dog, the court shall order the animal euthanized in
accordance with section 4-25.
o o o
(2) That this ordinance shall become effective
immediately upon adoption.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
16.D. TO CONSIDER AN A/~ENDM~NT TO SECTION 17-12 OF THE
SUBDIVISION ORDINANCE
Mr. William Poote, Assistant Director of Planning, stated that
this date and time has been advertised for a public hearing to
consider an amendment to Section 17-12 of the Subdivision
Ordinance relating to legal remedies for violations. He
further stated that the amendment was created to legalize
existing residential uses and parcels in an Agricultural
District that do not currently comply with the Zoning Ordinance
or Subdivision Ordinance. He stated that the Planning
Commission recommends approval of the ordinance. He further
stated that, if the Board adopts the proposed amendment, a
Conditional Use Planned Development application initiated by
the Board will be considered by the Planning Commission and
Board in November 2000 to remedy the situation that led to the
proposed amendment.
There was brief discussion relative to the possibility of a
proper title search revealing the subdivision discrepancy.
Ms. Becky Cone, a resident of Moseley Road, stated that she was
very surprised when her request for a building permit was
denied. She expressed appreciation for the efforts of the
Planning Department and the County Attorney's Office and
requested that the Board support the amendment.
There being no one else to speak to the ordinance, the public
hearing was closed.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING AND RE-ENACTING SECTION 17-12 RELATING
TO LEGAL REMEDIES FOR VIOLATIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
00-674
That Section 17-12 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-
enacted to read as follows:
Sec. 17-12.
Legal remedies for violations.
(a) In addition to the penalties provided for the
violation of the provisions of this chapter, in case of any
violation or attempted violation of the provisions of this
chapter, the county administrator or agent may institute any
appropriate action or proceedings, by injunction or otherwise,
to prevent such violation or attempted violation and to
restrain, correct or abate such violation or attempted
violation, or to prevent any act which constitutes a violation.
(b)
The Board may exempt a parcel from the subdivision
ordinance as a condition of a CUPD when requested
in writing by a bona fide purchaser of such parcel
without notice that the parcel was created in
violation of the provisions of this chapter where
the following additional circumstances exist:
1. The parcel is zoned Agricultural (A); and
o
The parcel is located in an area that is
designated for rural conservation on the
Comprehensive Plan; and
A building permit was issued for the parcel at
a time when the parcel was legally configured.
(2)
That this ordinance shall
immediately upon adoption.
become effective
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
16.E. TO CONSIDER THE PROPOSED CONSUMER UTILITY TAX
ORDINANCE AMENDMENTS FOR THE CONVERSION UTILITY TAX
RATES FOR ELECTRICITY AND NATURAL GAS FROM A PER BILL
BASIS TO A CONSUMPTION BASIS
Ms. Dickson stated that this date and time has been advertised
for a public hearing to consider proposed consumer utility tax
ordinance amendments for the conversion of utility rates for
electricity and natural gas from a per bill basis to a
consumption basis. She stated that currently the consumer
utility tax for electric and gas service is based on the amount
of the bill. She further stated that utility companies have
been collecting the tax and remitting it to the County. She
stated that the State authority to collect the tax in its
present form expires December 31, 2000 and that, effective
January 1, 2000, the tax must be based on a consumer's
consumption rather than the amount of the bill. She further
stated that State legislation requires that localities amend
their electric and gas utility ordinances by October 31, 2000
and notify the electric and gas providers of their changes.
She stated that the proposed ordinance converts the current
consumer utility taxes on electricity and natural gas from a
percentage of the amount billed to a rate per unit consumed.
She further stated that the conversion is required to be
revenue neutral and noted that staff has worked with electric
and natural gas companies to determine the necessary rates to
meet the revenue neutral requirement. She stated that staff is
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requesting one minor change to the proposed ordinance
clarifying that taxes paid to the County must be in a form
approved by the Commissioner of Revenue.
No one was present to speak to the ordinance.
When asked, Ms. Dickson stated that adoption of the ordinance
should not result in any increased taxes to the consumers and
the maximum rate still remains at $2.00.
On motion of Mr. McHale, seconded by Mr. Miller, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY
BY AMENDING AND REENACTING SECTIONS 9-172, 9-174, 9-176 AND
9-177 RELATING TO ELECTRIC AND NATURAL GAS CONSUMER UTILITY
TAX
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(a)
That Sections 9-172, -174, -176 and -177 of the
Code of the County of Chesterfield, 1997, as
amended, are amended and reenacted to read as
follows:
Sec. 9-172. Electric and Natural Gas Consumers Tax.
(a)
Definitions: for purposes of this tax, the following words
shall have the following meanings:
Consumer means every person who, individually or through
agents, employees, officers, representatives or
permittees, makes a taxable purchase of electricity or
natural gas services in this jurisdiction.
Gas utility means a public utility authorized to furnish
natural gas service in Virginia.
CCF means the volume of gas at standard pressure and
temperature in units of 100 cubic feet.
Kilowatt hours (kWh) delivered means 1000 watts of
electricity delivered in a one-hour period by an electric
provider to an actual consumer, except that in the case of
eligible customer-generators (sometimes called
cogenerators) as defined in Virginia Code ~ 56-594, it
means kwh supplied from the electric grid to such
customer-generators, minus the kwh generated and fed back
to the electric grid by such customer-generators.
Person means any individual, corporation, company or other
entity.
Pipeline distribution company means a person, other than
a pipeline transmission company which transmits, by means
of a pipeline, natural gas, manufactured gas or crude
petroleum and the products or byproducts thereof to a
purchaser for purpose of furnishing heat or light.
Residential consumer means the owner! or tenant of property
used primarily for residential purposes, including but not
limited to, separately metered apartment houses and other
multiple-family dwellings.
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Service provider means a person who delivers electricity
to a consumer or a gas utility or pipeline distribution
company which delivers natural gas to a consumer.
Used primarily relates to the larger portion of the use
for which electric or natural gas utility service is
furnished.
(b)
In accordance with Virginia Code ~ 58.1-3814 there is
hereby imposed and levied a monthly tax on each purchase
of electricity and natural gas delivered to consumers by
a service provider as follows:
(i)
Residential consumers of electricity: Such tax shall
be $1.40 plus the rate of $.015062 on each kWh
delivered monthly not to exceed $2.00 monthly.
(2
Commercial consumers of electricity: Such tax shall
be $1.15 plus the rate of $.007023 on the first
2,684 kwh, $.000508 on 2,685 to 195,597 kWh and
$.000367 on the remaining balance delivered monthly.
(3
Industrial consumers of electricity: Such tax shall
be $1.15 plus the rate of $.010995 on the first
1,714 kWh, $.000758 on 1,715 to 131,002 kwh and
$.000167 on the remaining balance delivered monthly.
(4
Residential consumers of natural gas:
shall be $2.00 per month.
Such tax
(5
Non-residential consumers of natural gas: Such tax
shall be $2.00 plus the rate of $0.010010 on the
first 50,000 CCF and $0.00005 on the remaining
balance delivered monthly.
o o o
Sec. 9-174. Billing, collection and remittance of tax.
Ail service providers under this Article XII shall bill
the applicable consumer tax to all users who are subject to the
tax and shall remit the same to the commissioner of the revenue
for the county on a monthly basis no later than the 15th day of
the succeeding month of collection. Such taxes shall be paid
by the service provider to the commissioner of the revenue for
the county in accordance with Virginia Code ~ 58.1-3814 and
Virginia Code ~ 58.1-2901 and remitted in a form approved by
the commissioner of revenue. Any tax paid by the consumer to
the service provider shall be deemed to be held in trust by
such provider until remitted to the county. Failure of the
service provider to remit consumer taxes on a timely basis
shall subject the service provider to penalties and interest as
provided in Section 9-6.
o o o
Sec. 9-176. Computation of bills not on monthly basis.
Bills shall be considered as monthly bills for the
purposes of this ordinance if submitted 12 times per year in
approximately one month intervals. The tax for a bi-monthly
bill (approximately 60 days) shall be determined as follows:
(i) the kwh or CCF will be divided by 2; (ii) a monthly tax
will be calculated using the rates set forth above; (iii) the
tax determined by (ii) shall be multiplied by 2; (iv) the tax
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in (iii) may not exceed twice the monthly "maximum tax".
Sections 177-180 Reserved.
(2) That this ordinance shall become effective January 1,
2001.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A FORTY
FOOT RIGHT OF WAY KNOWN AS MID-CITY ROAD WITHIN MID-
CITY FARMS SUBDIVISION
Mr. Stith stated that this date and time has been scheduled for
a public hearing to consider an ordinance to vacate a portion
of a forty foot right of way known as Mid-City Road within Mid-
City Farms Subdivision.
No one was present to speak to the ordinance.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to FOREST LAKE
ASSOCIATES, L.L.C., a Virginia limited liability
company, ("GRANTEE"), a portion of a 40' right of
way known as Mid-City Road located in Mid-City Farms
Subdivision, BERMUDA Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of the
Circuit Court of Chesterfield County in Plat Book 3,
at Pages 242 and 243.
WHEREAS, FOREST LAKE ASSOCIATES, L.L.C., a Virginia
limited liability company, petitioned the Board of Supervisors
of Chesterfield County, Virginia to vacate a portion of a 40'
right of way known as Mid-City Road located in Mid-City Farms
Subdivision, BERMUDA Magisterial District, Chesterfield County,
Virginia more particularly shown on a plat of record in the
Clerk's Office of the Circuit Court of said County in Plat Book
3, Pages 242 and 243, by E. WARREN RITCHIE, dated APRIL 1913.
The portion of road petitioned to be vacated is more fully
described as follows:
A portion of a 40' right of way known as Mid-City
Road located in Mid-City Farms Subdivision, the
location of which is more fully shown on a plat made
by TIMMONS, dated AUGUST 2, 2000, a copy of which is
attached hereto and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section
15.2-2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance of
the portion of road sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That
Virginia,
pUrsuant to Section,~,~ ~5.~-22.72..o.f the' Cede of
1950, as amended, the ~feres'ai-a pertien ef ~had be
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and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of the
Circuit Court of Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of VirGinia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-2274
is to destroy the force and effect of the recording of the
portion of the plat vacated. This Ordinance shall vest fee
simple title to the centerline of the portion of road hereby
vacated in the abutting property owners, within Mid-City Farms
Subdivision, free and clear of any rights of public use subject
to the resubdivision of the lots adjacent to the portion of
Mid-City Road hereby vacated.
Accordingly, this Ordinance shall be indexed in the names
of the COUNTY OF CHESTERFIELD as GRANTOR, and FOREST LAKE
ASSOCIATES, L.L.C., a Virginia limited liability company or its
successors in title, as GRANTEE.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
18. ADJOURNMENT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
adjourned at 8:02 p.m. until October 25, 2000 at 4:00 p.m.
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
~ne t } ' A~ma~nS 2 sYt ~a t ~
Arthur S. Warren
Chairman
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