04-25-2007 Minutes
BOARD OF SUPERVISORS
MINUTES
April 25, 2007
Supervisors in Attendance:
Mr. Kelly E. Miller, Chairman
Mrs. Renny B. Humphrey, Vice Chrm.
Mr. R. M. "Dickie" King, Jr.
Mr. Donald D. Sowder
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
07-384
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator for
Human Services
Mr. William Dupler,
Building Official
Ms. Lisa Elko, CMC,
Clerk
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Mary Lou Lyle, Dir./
Accounting
Chief Paul Mauger,
Fire Department
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey Mincks, Dep.
County Attorney
Dr. Marcus Newsome,
Supt./ Chesterfield
County Schools
Capt. Donald Newton,
Sheriff's Office
Ms. Diane Peterson,
Senior Advocate
Mr. Francis Pitaro, Dir.,
General Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
04/25/07
Mr. Kirk Turner, Dir.,
Planning
Mr. Miller called the regularly scheduled meeting- to order at
3:04 p.m.
1. APPROVAL OF MINUTES FOR APRIL 11, 2007
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the minutes of April 11, 2007, as submi1:ted.
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Ayes: Miller, Humphrey, King/ Sowder and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
o GODSPEED EVENTS
Ms. Dickson provided details of events that will be held on
May 19 and 20, 2007 when the Godspeed sails i.nto town and
docks at Henricus Historical Park, and later in the week at
the Intermediate Terminal in Richmond. She displayed a
poster that will be placed around the county in various
venues, advertising the events surrounding the Godspeed's
visit to the area.
o CAPTAIN JOE NEWSOME
Chief Mauger provided details of funeral arrangements for
Captain Joe Newsome, who passed away suddenly on April 23,-'
2007. He reviewed numerous accomplishments of Captain
Newsome during his 18 years of service with Chesterfield Fire
and Emergency Medical Services and stated he will be greatly
missed.
Mr. Miller led those present in a silent prayer of
remembrance for Captain Newsome and his family.
o MODEL COUNTY GOVERNMENT DAY
Mr. Ramsey stated the county is delighted to host Model
County Government Day again this year. He called forward Ms.
Carter to provide details of the event.
Ms. Carter thanked county and school officials for allowing
the students to shadow them and make this a successful
program. She stated Model County Government is a
collaborative effort between Youth Planning and Development,
the Extension Office and Schools. She recognized Ms. Amy
Wells and Ms. Colleen Bryant and expressed appreciation for
their coordination of the event.
The students and their advisors came forward and introduced
themselves. Several of the students were sea.ted with the
Board members and County Administrator and participated in
today's meeting.
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3. BOARD MEMBER REPORTS
There were no Board member reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
-
On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board
added Item 8.B.l.c., Set Date for Public Hearing to Consider
the Sale of Approximately 57 +/- Acres of Public Land at the
Intersection of Ironbridge Road and Courthouse Road to
Ironbridge Land Company; added Item 8. B. 2. e., Adoption of
Resolution Consenting to the Transfer of Title to the Maggie
Walker Governor's School from the Maggie Walker Renovation
Foundation LLC to the Regional Board of the Maggie Walker
Governor's School; added Item 8.B.ll., Authorization for
County Administrator to Execute an Agreement with Petersburg,
Virginia to Provide Building Official Services; added Item
8.B.12., Request to Reconsider an Amendment to the FY2008
School Budget for an At-Risk Preschool Initiative, and
Transfer of Funds; replaced Item 16. D., Public Hearing to
Consider the Exercise of Eminent Domain for the Acquisition
of Water and Temporary Construction Easements for the
Southwest Corridor Waterline Project - Part A; replaced Item
16. F., Public Hearing to Consider the Exercise of Eminent
Domain for the Acquisition of Water and Temporary
Construction Easements for the Southwest Corridor Waterline
Project - Part B; and adopted the Agenda, as amended.
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Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING MR. JOHN T. HEWITT, DEPARTMENT OF REAL
ESTATE ASSESSMENTS, UPON HIS RETIREMENT
Mr. John Hewitt was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. John T. Hewitt was a member of the United
States Marine Corps serving on active duty from 1963 to 1967
and stationed in Vietnam from 1965 to 1966 serving with the
3rd Marine Division as a Radio Relay Operator; and
WHEREAS, Mr. Hewitt began his tenure of public service
with Chesterfield County in the mapping and printing division
of the Utilities Department on December 4, 1972; and
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WHEREAS, Mr. Hewitt was promoted to Construction
Inspector in April of 1973, then promoted to Right of Way
Agent in May of 1979, and promoted to Acquisition Supervisor
in July of 1990 with the Utilities Department; and
WHEREAS, Mr. Hewitt
International Right of
President in 1988-89; and
held several positions in
Way Association and served
the
as
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04/25/07
WHEREAS, on March 11, 1996, Mr. Hewitt accepted a
position with the Chesterfield County Department of Real
Estate Assessments as a Residential Appra.iser; and
WHEREAS, Mr. Hewitt was licensed by the State of
Virginia as a Certified Residential Appra.iser; and
WHEREAS, in his role as Residential Appraiser,
Hewitt received numerous accolades and commendations
citizens of Chesterfield County for outstanding service;
Mr.
from
and
-"
WHEREAS, Mr. Hewitt held memben:lhip ln the Virginia
Association of Assessing Officers from 1996 to 2007; and
WHEREAS,
and peers for
as well as his
Mr. Hewitt will be missed by his supervisors
his expertise in the property assessment field
positive, upbeat and professional manner; and
WHEREAS, Mr. Hewi t t supported our communi ty by
unself ishly giving of his personal time to assist Meals on
Wheels in distributing meals to our citizens; and
WHEREAS, Mr. Hewitt has been a dedicated and faithful
employee of the County of Chesterfield for over 30 years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of April 2007,
publicly recognizes the outstanding contributions of Mr. John
T. Hewitt, expresses appreciation on behalf of all residents
for his service to the county, congratulations upon his
retirement, and best wishes for a long a.nd happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of
resolution be presented to Mr. Hewitt and that
resolution be permanently recorded among the pa.pers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
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Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and a
Jefferson Cup to Mr. Hewitt/ accompanied by Mr. Jonathan
Davis, expressed appreciation for his dl2dicated service, and
congratulated him on his retirement.
Mr. Hewitt expressed appreciation to the Board for the
recognition and stated he has enjoyed working for the county.
5.B. RECOGNIZING MAY 2007, AS "OLDER AMl~RICANS MONTH" IN
CHESTERFIELD COUNTY
Ms. Peterson introduced Dr. Thelma Bland Watson, Executive
Director of Senior Connections, the Capital Area Agency on
Aging, and representatives from various organizations that
provide services and programs for older residents.
_,0
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is home to 44,500 residents
60 years and older; and
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WHEREAS, the older residents of Chesterfield represent a
dramatic trend in our nation's demographic makeup; and
WHEREAS, the 2007 theme for Older Americans Month,
"Older Americans: Making Choices for a Healthier Future,"
encourages us to think differently about health and long term
care, and to work together to rebalance and modernize our
current systems so that we may adequately plan for and
address the needs of current and future generations; and
WHEREAS, Senior Connections, The Capital Area Agency on
Aging has set aside May 2007, to recognize and honor older
adults in Planning District 15 and celebrate their
contributions; and
WHEREAS, the Chesterfield TRIAD has declared May 2nd as
Senior Day in Chesterfield County; and
WHEREAS, older adults are
who continue to contribute to
economic well-being; and
diverse I respected citizens
our nation's social and
WHEREAS, Ms. Mildred Branch is being recognized for her
21 years of dedicated service as the New Covenant Friendship
Cafe Meal Site Manager for Senior Connections, The Capital
Area Agency on Aging and for her outstanding leadership and
her caring manner to the many older adults who attended the
meal site program; and
WHEREAS, Mr. Marshall Jones is being recognized
outstanding leadership role and volunteer service
Chesterfield Council on Aging and to AARP virginia
serving as a role model for healthy aging.
for his
to the
and for
NOW I THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 25th day of April 2007,
publicly recognizes May 2007, as "Older Americans Month" in
Chesterfield County, urges all residents to honor older
adults and those who care for them, during May and throughout
the year, expresses its appreciation to all the organizations
and Chesterfield County departments that provide programs and
services to help older adults live active, independent and
fulfilling lives I and wishes them continued success in all
their efforts on behalf of our older residents.
Ayes: Miller, Humphrey I King, Sowder and Warren.
Nays: None.
An executed copy of the resolution was presented to each of
the representatives present.
-
Mr. Miller expressed appreciation for each of the
representatives' contributions to the county's senior
citizens and stated it is a privilege to honor the older
generation who guide and direct the younger generations.
Dr. Watson expressed appreciation to the Board for honoring
Ms . Branch and Mr. Jones
organizations that provide
residents.
and for recognizing the various
services and programs for older
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6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Warren/ seconded by Mr. King, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Community Services Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.A.1. CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Mr. Warren/ seconded by Mr. King, the Board
simultaneously nominated/appointed Ms. Cynthia Hodges,
representing the Midlothian District, to serve on the
Community Services Board/ whose term is effective May 1/ 2007
and expires December 31/ 2009.
Ayes: Miller, Humphrey, King/ Sowder and Warren.
Nays: None.
.......,i'
8 . A. 2 . CAMP BAKER MANAGEMENT BOARD
On motion of Mr. Warren, seconded by Mr. King, the Board
simultaneously nominated/appointed/reappointed Mr. William D.
Poole/ representing the Clover Hill District/ and Mr. Moring
E. Gravitt, representing the Bermuda District / to serve on
the Camp Baker Management Board, whose terms are effective
May 1, 2007 and expire April 30, 2010.
Ayes: Miller/ Humphrey, King, Sowder and Warren.
Nays: None.
8.B. CONSENT ITEMS
On motion of Mr. King/ seconded by Mr. Sowder, the following
item was removed from the Consent Agenda for public comment:
Item 8.B.12./ Request to Reconsider an Amendment to the
FY2008 School Budget for an At-Risk Initiative, and Transfer
of Funds.
--
Ayes: Miller/ Humphrey, King, Sowder and Warren.
Nays: None.
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S.B.l. SET DATES FOR PUBLIC HEARINGS
S.B.l.a. TO CONSIDER THE APPROVAL OF GROUND LEASES IN
CONNECTION WITH CERTIFICATES OF PARTICIPATION
FINANCING FOR THE SMITH-WAGNER BUILDING EXPANSION/
RENOVATION PROJECT, THE CIRCUIT COURT/GENERAL
DISTRICT COURTHOUSE EXPANSION PROJECT, THE FIVE-
STORY ADMINISTRATION BUILDING RENOVATION PROJECT,
AND THE OFFSITE PUBLIC SAFETY TRAINING CENTER
PROJECT
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of May 23, 2007 at 6:30 p.m. for a public hearing
for the Board to consider the approval of ground leases to be
entered into in connection with the planned Certificates of
Participation financing for the Smith-Wagner Building
Expansion/Renovation Project, the Circuit Court/General
District Courthouse Expansion Project, the Five-Story
Administration Building Renovation proj ect, and the Offsite
Public Safety Training Center Project.
Ayes: Miller/ Humphrey, King, Sowder and Warren.
Nays: None.
S.B.l.b. TO CONSIDER AN ORDINANCE TO ESTABLISH THE "CEDAR
CREST SEWER ASSESSMENT DISTRICT"
On motion of Mr. Warren, seconded by Mr. King/ the Board set
the date of May 23, 2007 at 6:30 p.m. for a public hearing
for the Board to consider establishment of the ~Cedar Crest
Sewer Assessment District."
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.l.c. TO CONSIDER THE SALE OF APPROXIMATELY 57 +/- ACRES
OF PUBLIC LAND LOCATED AT THE INTERSECTION OF
IRONBRIDGE ROAD AND COURTHOUSE ROAD TO IRONBRIDGE
LAND COMPANY
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of May 23, 2007 at 6:30 p.m. for a public hearing
for the Board to consider the sale of approximately 57 +/-
acres of public land located at the intersection of
Ironbridge Road and Courthouse Road to Ironbridge Land
Company.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
__ S.B.2. ADOPTION OF RESOLUTIONS
S.B.2.a. RECOGNIZING THE WEEK OF APRIL 29 - MAY 5, 2007, AS
"MUNICIPAL CLERKS WEEK"
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
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04/25/07
WHEREAS, the Office of the Municipal Clerk, a time
honored and vital part of local government/ exists throughout
the worldj and
WHEREAS, the Office of the Municipal Clerk is the oldest
among public servants; and
WHEREAS, the Office of the Municipal Clerk provides the
professional link between the citizens, the local governing
bodies and agencies of government at other levels; and
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WHEREAS, Municipal Clerks have pledged to be ever
mindful of their neutrality and impartiality, rendering equal
service to all; and
WHEREAS, Municipal
center on functions of
and
Clerks serve as the information
local government and the community;
WHEREAS, Municipal Clerks continually strive to improve
the administration of the affairs of the Office of the
Municipal Clerk through participation in educational
programs, seminars/ workshops and the annual meetings of
their state, province, county and international professional
organizations; and
WHEREAS, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the week of April 29 -
May 5, 2007, as "Municipal Clerks Week" and extends their
appreciation to Chesterfield I s Municipal Clerks, Mrs. Lisa --"
Elko, CMC and Mrs. Janice Blakley, CMC/ and to all Municipal
Clerks for the vi tal services they perform and for their
exemplary dedication to the communities they represent.
Ayes: Miller/ Humphrey, King, Sowder and Warren.
Nays: None.
8.B.2.b. RECOGNIZING MAY l3 - 19, 2007, AS "NATIONAL LAW
ENFORCEMENT WEEK"
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS/ one of Chesterfield County/ s eight strategic
goals is ~to be the safest and most secure community compared
to similar jurisdictions"; and
WHEREAS, no human aspiration is more fundamental and
important than safety of family, self and others whom we hold
dear; and
-....'
WHEREAS/ the dedicated, loyal and brave members of the
various law enforcement agencies that operate in Chesterfield
County provide an invaluable service to all citizens; and
WHEREAS, this service/ provided 24 hours a day and 365
days a year, is part of the foundation upon which our quality
of life rests; and
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04/25/07
WHEREAS / during a time of war overseas and heightened
risks of terrorist attacks on our homeland, law enforcement
agencies are doing everything wi thin their means to provide
for the security of our nation during these trying times; and
WHEREAS, the week of May 13-19, 2007/ is widely
recognized across the nation as ~National Law Enforcement
Week" and will honor the l43 law enforcement officers who
gave their lives in 2006 in the line of duty, including
Chesterfield Officer Gary Buro and virginia State Troopers
Kevin Manion and Robert Hill/ Sr.; and
WHEREAS, Chesterfield County is
have such outstanding and professional
law enforcement officers in the county
safety and welfare of its citizenry.
proud and honored to
individuals serving as
to protect the health/
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
13-19, 2007/ as ~National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its citizens.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.2.c. RECOGNIZING THE WEEK OF MAY 13-l9, 2007, AS
"BUSINESS APPRECIATION WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Chesterfield County has a thriving base of
business and industry to support the local economy; and
WHEREAS, these businesses are both domestically and
internationally based and range in size from very small
entrepreneurial companies to large companies; and
WHEREAS, these businesses provide essential employment
opportunities for the citizens of Chesterfield CountYi and
WHEREAS/ business tax revenues are critical in
offsetting the cost of county-provided services required by
our rapidly growing residential sector, in addition to
industry taking an active role in making the community a
better place through their commitment to charitable
organizations, schools, recreation and other worthwhile
endeavors.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby expresses its gratitude on
behalf of county residents to all businesses and industry
located in Chesterfield for their contributions over many
years by recognizing May l3-l9, 2007, as ~Business
Appreciation Week" in Chesterfield County.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
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04/25/07
8.B.2.d. RECOGNIZING MR. ROBERT H. JONgS, ENVIRONMENTAL
ENGINEERING, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS/ Mr. Robert H. Jones retired on April 1/ 2007
after providing twenty-three years of dedicated and faithful
service to Chesterfield County; and
WHEREAS, Mr. Jones began his service with Chesterfield _'
County on October 1, 1984 as a maintenance worker in the
Department of Environmental Engineering, Drainage Division
and was promoted to equipment operator October 13, 1986; and
WHEREAS, Mr. Jones worked tirelessly as a key and
extremely reliable member of the Environmental Engineering
Department snow- and ice-removal team ensuring county
facili ties were accessible for employees and citizens
following winter storm events; and
WHEREAS/ Mr. Jones participated in several large capital
improvement projects improving storm-water infrastructure for
the citizens of Chesterfield County; and
WHEREAS, Mr. Jones worked long hours
Hurricane Isabel helping to clear roads
from fallen trees during and in the
following the eventi and
in the aftermath of
and infrastructure
days immediately
WHEREAS/ in recognition
exceptional job performance/ Mr.
letters of appreciation from
excellent customer servicei and
of his dedication and
Jones has received numerous
county citizens for his
---'
WHEREAS, Mr. Jones always performed his duties and
responsibilities in a professional manner placing the welfare
and safety of citizens and fellow county employees above his
own personal comfort and will be missed by his fellow co-
workers and customers.
NOW / THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Robert H. Jones
and extends appreciation for his twenty-three years of
dedicated service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.2.e. CONSENTING TO THE TRANSFER OF TITLE TO THE MAGGIE
WALKER GOVERNOR'S SCHOOL FROM THE MAGGIE WALKER
RENOVATION FOUNDATION LLC TO THE REGIONAL BOARD
OF THE MAGGIE WALKER GOVERNOR'S SCHOOL
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On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the
County, Virginia,
Governor/s School
Board of
participates
for Government
Supervisors of Chesterfield
in the Maggie L. Walker
and International Studies
07-393
04/25/07
(~Governor's School"), which is governed by the Regional
Board; and
WHEREAS, the title
Governor's School and the
School Property") is held
Foundation (~Foundation");
to the building which houses the
surrounding property, (~Governor's
by the Maggie L. Walker Renovation
and
WHEREAS, Va. Code Ann. ~22.1-26 permits the Regional
Board to hold title to the Governor's School Property with
the approval of the participating school boards and the
respective local governing bodies; and
WHEREAS/ the Foundation desires to transfer title to the
Governor's School Property to the Regional Board as permitted
by Va. Code Ann. ~22.l-26.; and
WHEREAS, the Board of Supervisors of Chesterfield
County, virginia, approves of the title to the Governor's
School Property being vested in the Regional Board.
NOW, THEREFORE, BE IT RESOLVED that
Supervisors of Chesterfield County, virginia,
of the transfer of title to the Governor/ s
from the Foundation to the Regional Board.
the Board of
hereby approves
School Property
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
...-
8.B.3. APPROPRIATION OF CONTINUATION GRANT FUNDS AND LOCAL
MATCHING FUNDS FOR THE SHERIFF'S OFFICE JAIL
MANAGEMENT SYSTEM REWRITE PROJECT
On motion of Mr. Warren/ seconded by Mr. King, the Board
appropriated $75,000 in grant funds from the Department of
Criminal Justice Services and $25/000 in local matching funds
for the Sheriff's Office Jail Management System Rewrite
Project.
Ayes: Miller/ Humphrey, King, Sowder and Warren.
Nays: None.
8.B.4. APPROPRIATION OF ROAD CASH PROFFER FUNDS AND
AUTHORIZATION TO PROCEED WITH THE OTTERDALE ROAD
BRIDGE REPLACEMENT PROJECT
.~
On motion of Mr. Warren, seconded by Mr. King, the Board
appropriated $214,500 in road cash proffers from Traffic Shed
6 for the Ot terdale Road Bridge Replacement proj ect ; and
authorized the County Administrator to proceed with the
design, environmental permits, right-of-way acquisition,
including advertisement of an eminent domain public hearing
if necessary, and construction.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-394
04/25/07
8.B.S. CONVEYANCE OF EASEMENTS
8. B.S. a. TO VERIZON VIRGINIA INCORPORA~[,ED TO INSTALL
UNDERGROUND CABLE ACROSS COUN~[,Y PROPERTY TO PROVIDE
UPGRADED SERVICE TO THE RESIDENTS OF FERNBROOK
SUBDIVISION
On motion of Mr. Warren, seconded by Mr. King / the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Verizon Virginia Incorporated to install underground cable -'"
across county property to provide up9raded service to the
residents of Fernbrook Subdivision. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.S.b. TO COLUMBIA GAS OF VIRGINIA, INCORPORATED ACROSS
COUNTY PROPERTY AT MIDLOTHIAN HIGH SCHOOL TO
IMPROVE GAS INFRASTRUCTURE IN WESTERN CHESTERFIELD
AND SERVE WATKINS CENTRE
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia/ Incorporated across county property
at Midlothian High School. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Miller, Humphrey/ King, Sowder and Warren.
Nays: None.
--"
8.B.6. REQUESTS FOR PERMISSION
8.B.6.a. FROM BB HUNT, LLC FOR PROPOSED PRIVACY FENCES TO
ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT,
AN EIGHT-FOOT EASEMENT, A TEN-FOOT TEMPORARY
CONSTRUCTION EASEMENT, A TWENTY-FOOT SEWER
EASEMENT, AND A TEN-FOOT COMMON AREA EASEMENT
ACROSS LOTS IN HAYWOOD VILLAGg, SECTION A AT
CHARTER COLONY
On motion of Mr. Warren/ seconded by Mr. King / the Board
approved a request from BB Hunt, LLC for permission for
proposed privacy fences to encroach two feet into a 16-foot
drainage easement, an 8 - foot easement, a 10 - foot temporary
construction easement, a 20-foot sewer easement, and a 10-
foot common area easement across Lots in Haywood Village /
Section A at Charter Colony/ subj ect to the execution of a
license agreement. (It is noted a copy of the vicinity
sketch is filed with the papers of this Board.)
,-
Ayes: Miller/ Humphrey/ King/ Sowder and Warren.
Nays: None.
07-395
04/25/07
8.B.6.b. FROM BOONE HOMES INCORPORATED FOR A PROPOSED
PRIVACY FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT, AN EIGHT-FOOT EASEMENT, A TEN-
FOOT TEMPORARY CONSTRUCTION EASEMENT, AND A TWENTY-
FOOT SEWER EASEMENT ACROSS LOT 29, HAYWOOD VILLAGE,
SECTION A AT CHARTER COLONY
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Boone Homes Incorporated for
permission for a proposed privacy fence to encroach two feet
into a l6-foot drainage easement/ an 8-foot easement/ a 10-
foot temporary construction easement/ and a 20-foot sewer
easement across Lot 29, Haywood Village, Section A at Charter
Colony/ subject to the execution of a license agreement. (It
is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Humphrey/ King/ Sowder and Warren.
Nays: None.
8 . B . 6 . c . FROM GEORGE W. COLEMAN, JR. AND VI CKI D., COLEMAN
FOR PROPOSED LANDSCAPING TO ENCROACH WITHIN A
SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT
EASEMENT ACROSS LOT 20, STEWART VILLAGE, SECTION A
AT CHARTER COLONY
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from George W. Coleman, Jr. and Vicki D.
Coleman for permission for proposed landscaping to encroach
within a 16-foot drainage easement and an 8-foot easement
across Lot 20/ Stewart Village, Section A at Charter Colony/
subj ect to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.6.d. FROM ALAN S. EVANS AND TRACY M. EVANS FOR A
PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT
EASEMENT ACROSS LOT 27, MALLORY VILLAGE, SECTION A
AT CHARTER COLONY
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Alan S. Evans and Tracy M. Evans for
permission for a proposed fence to encroach within an 8-foot
easement across Lot 27, Mallory Village, Section A at Charter
Colony, subject to the execution of a license agreement. (It
is noted a copy of the plat is filed with the papers of this
Board. )
-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.6.e. FROM GPV, LLC TO INSTALL A PRIVATE SEWER SERVICE
WITHIN PRIVATE EASEMENTS TO SERVE PROPERTY AT 3620
CALL FEDERAL DRIVE AND 105ll HULL STREET ROAD
On motion of Mr. Warren, seconded by Mr. King / the Board
approved a request from GPV, LLC for permission to install a
07-396
04/25/07
private sewer service within private easements to serve
property at 3620 Call Federal Drive and 10511 Hull Street
Road/ and authorized the County Administrator to execute the
sewer connection agreement. (It is noted copies of the plats
are filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.6.f. FROM JEROME MERSKI AND DONNAJEAN MERSKI FOR A ~
PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT ACROSS LOT 44, EDGEWATER AT THE
RESERVOIR, SECTION 8
On motion of Mr. Warren, seconded by Mr. King / the Board
approved a request from Jerome Merski and Donnaj ean Merski
for permission for a proposed fence to encroach within a 16-
foot drainage easement across Lot 44/ Edgewater At The
Reservoir/ Section 8/ subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller/ Humphrey/ King, Sowder and Warren.
Nays: None.
8.B.6.g. FROM JANIS R. O'GRADY FOR A PROPOSED FENCE TO
ENCROACH WITHIN TWO SIXTEEN-FOOT SEWER EASEMENTS, A
VARIABLE WIDTH DRAINAGE EASEMENT, A FIVE-FOOT
EASEMENT, AND A TWENTY-FIVE-FOOT SEWER EASEMENT
ACROSS LOT 9, LOCH BRAEMAR, SECTION D
--"..
On motion of Mr. Warren, seconded by Mr. King / the Board
approved a request from Janis R. O'Grady for permission for a
proposed fence to encroach wi thin two 16 - foot sewer
easements, a variable width drainage easement/ a 5-foot
easement, and a 25 - foot sewer easement across Lot 9, Loch
Braemar, Section D, subj ect to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Humphrey/ King, Sowder and Warren.
Nays: None.
8. B. 6. h. FROM THE SALISBURY CLUB, LIMI'l?ED FOR EXI STING LIGHT
POLES AND FOUNDATIONS AND A PROPOSED BRICK PIER TO
ENCROACH WITHIN A TWENTY-FOOT WATER EASEMENT ACROSS
PROPERTY ON SALISBURY ROAD
On motion of Mr. Warren/ seconded by Mr. King / the Board
approved a request from The Salisbury Club/ Limited for
permission for existing light poles and foundations and a
proposed brick pier to encroach within a 20-foot water
easement across property at 13620 Salisbury Road, subject to
the execution of a license agreement. (It is noted a copy of
the plat is filed with the papers of this Board.)
-'
Ayes: Miller, Humphrey/ King, Sowder and Warren.
Nays: None.
07-397
04/25/07
8.B.7. ACCEPTANCE OF PARCELS OF LAND FOR PORT WALTHALL COURT
FROM ROSLYN FARM CORPORATION
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of two parcels of land containing a
total of 1.167 acres from Roslyn Farm Corporation for Port
Wal thall Court / and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.8. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR
THE HALLOWAY AVENUE SIDEWALK ENHANCEMENT PROJECT
On motion of Mr. Warren/ seconded by Mr.
authorized the award of a construction
$950,000/ to the lowest responsible bidder
Avenue Sidewalk Enhancement Project.
King, the Board
contract, up to
for the Halloway
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.9. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MATOACA DISTRICT IMPROVEMENT FUND
8.B.9.a. TO THE FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT TO FUND THE DEPARTMENT'S PARTICIPATION
IN THE FIREFIGHTER "LOW MAINTENANCE" COMPETITIONS
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred $5,128.50 from the Matoaca District Improvement
Fund to the Fire and Emergency Medical Services Department to
fund the department's participation in the Firefighter "Low
Maintenancefl Competitions in Myrtle Beach, Elkton, Virginia
and Atlanta.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.9.b. TO THE GENERAL SERVICES DEPARTMENT TO PAY DISPOSAL
FEES FOR MATERIALS COLLECTED FROM CITIZENS DURING
"CLEAN UP DAY" IN THE ETTRICK AREA
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred $5,000 from the Matoaca District Improvement Fund
to the General Services Department to pay disposal fees for
materials collected from citizens during ~Clean Up Dayfl in
the Ettrick area.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-398
04/25/07
8.B.lO. DONATION OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA DISTRICT IMPROVEMENT FUND TO HENRICUS
FOUNDATION FOR NEW FLAGS TO BE DISPLAYED FOR THE
FOUR HUNDREDTH CELEBRATION; A SECURE CASE FOR
DISPLAYING HISTORICAL AND VALUABLE ARTIFACTS; AND
A SHELTER BUILDING TO STORE TWO GOLF CARTS
On motion of Mr. Warren/ seconded by Mr. King / the Board
donated $2,000 from the Bermuda District Improvement Fund to
the Henricus Foundation to purchase: 1) new flags to be
displayed around the parking lot for thE! 400th celebration; 2) _'
a secure case for displaying historical and valuable
artifacts; and 3) a shelter building to store two golf carts.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.ll. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE AN
AGREEMENT WITH PETERSBURG, VIRGlINIA TO PROVIDE
BUILDING OFFICIAL SERVICES
On motion of Mr. Warren/ seconded by Mr. King, the Board
authorized the County Administrator to execute an agreement
on behalf of the county to provide assistance to the City of
Petersburg Building Inspection Department. (It is noted a
copy of the agreement is filed with the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
..........#"
The following item was removed from the Consent Agenda for
public comment:
8.B.l2. REQUEST TO CONSIDER AN AMENDMENT TO THE FY2008
SCHOOL BUDGET FOR AN AT-RISK PRESCHOOL INITIATIVE,
AND TRANSFER OF FUNDS
Ms. Emily Griffey, Director of Research and Advocacy for
Success by Six of the Greater Richmond Chamber of Commerce,
thanked the Board for its reconsideration and potential
support of the at-risk preschool initiative. She stated it
is the Chamber/s opinion that investments in early childhood
development are key to the region's economic vitality. She
further stated, if the Board allocates funds for the project,
Chesterfield will join Richmond and Henrico in participating
in the Virginia Preschool Initiative to offer more at-risk
students the opportunity to attend preschool programs.
Delegate Jack Reid stated he was present to clarify any
potential misunderstandings that might exist because of the
House Education Committee's action on Governor Kaine's effort
for universal pre-kindergarten. He further stated it has
been shown that the growth and help that young people receive
through universal pre-kindergarten cannot be sustained much
beyond the third or fourth grade. He stated the issue the
Board is considering is a program that is narrowly focused
and aimed at approximately 100 young people in Chesterfield
County who qualify both by the federal poverty guidelines and
others which indicate they need some special help before
starting school. He further stated members of the Education
~J
07-399
04/25/07
Committee met with Governor Kaine and the Secretary of
Education and informed them that they would not support
universal pre-kindergarten, but would support programs such
as this, which deal with young people who have been
identified as having a need. He stated when a program is
aimed at a limited group of youngsters/ there is assurance
that they will be taught pre-kindergarten, kindergarten and
grades l-3 by people who are trained in, and want to teach,
at-risk children, indicating that this quality of instruction
cannot be sustained with a universal program.
Mr. Warren thanked Delegate Reid for clarifying this issue
for the Board and distinguishing between the two types of
programs.
Mr. King stated when he brought this issue forward, he was
unaware that anyone would be present to speak. He confessed
that he was one of the five Board members who voted to delete
$750,000 in funding from the school budget for the pre-school
program. He stated, at the time he voted on the issue, he
was under the impression that the funding was associated with
a universal pre-kindergarten program, but the School Board
has educated him on the issue since that time. He further
stated it is difficult to rescind an earlier decision, and he
acknowledged that his decision was made without completely
understanding the issue. He reminded the Board members that,
at the time of the decision, he was more in tune to the tax
rate and transportation plan. He stated he has been informed
that the Board's decision to remove a line item from the
School Board/s budget was unprecedented. He further stated
he does not like taking a different position than Mr. Miller/
who is so very credible and willing to defend what he
believes to be right. He stated he strongly believes it is
his duty as a supervisor to allocate funds, and that the
Board has the right to deny the schools of any funds. He
stated he believes the Board of Supervisors should give the
School Board advance notice regarding any issues that might
impact their budget, rather than just taking actions to
delete funding of certain proj ects . He further stated, in
his opinion, he made the wrong decision based on what he has
always said, that school business should be addressed by the
School Board, and county business by the Board of
Supervisors. He stated he sincerely believes the Board
should rethink this issue, indicating that the school system
seems to be well run. He further stated he does not believe
there was malice intended on the part of any Board member
with the decision that was made, indicating that he does not
like the way he voted on the issue based on information he
has received since the last Board meeting.
Mrs. Humphrey stated she asked School Administration on two
occasions to show her how this program could be applied more
uniformly across the county, and they did not demonstrate to
her that any school in the Matoaca District would benefit
from this funding, indicating that this was the reason she
declined to support it. She further stated if the schools
could demonstrate to her some equality in this program
county-wide/ she would be willing to compromise on this
issue.
Dr. Dale Kalkofen stated Chesterfield Schools are eligible
for more of the Virginia Preschool Initiative funds than was
applied for and can amend their application to the state to
07-400
04/25/07
include an additional classroom or two. She provided details
of elementary schools by district that have some kind of pre-
school program, including Head Start, Title 1 and the
Virginia Preschool Initiative.
Mrs. Humphrey stated no school in the Matoaca District is
proposed to receive any of the Virginia Preschool Initiative
funding, and she stands firm on her previous decision unless
she can be shown that the Matoaca District would benefit from
this funding.
Discussion ensued relative to how socioeconomic levels within
school districts impact this funding.
Mrs. Humphrey stated she is looking at the issue from a
geographical standpoint, indicating that both Matoaca and
Crenshaw Elementary Schools might SerVE! as hubs for several
school districts for parents who travel the River Road and
Route 288 Corridors.
Dr. Kalkofen noted that the state has calculated that there
are approximately 500 unserved students in the county, and
she will personally lobby for two additional classes under
the Virginia Preschool Initiative and determine whether the
application can be amended.
Mr. Sowder thanked Delegate Reid and School Administration
for providing him with a better understanding of the issue.
He stated he has heard from numerous constituents during the
budget process about two issues 1) assessments and,
surprisingly, 2) the pre-kindergarten program. He stated he
is not qualified to know which school programs are good and
which ones are not/ nor does he think it is the Board's role
to determine this. He further stated his vote was based
strictly on the tight budget crisis and the large number of
his constituents who did not support this specific program.
He stated it is probable that his constituents had not been
educated and did not understand the benefits of the program.
He further stated he still feels strongly about his decision
because it is his job to represent constituents in the
Midlothian District, who would receive absolutely no benefit
from this program. He stated it is difficult to approve
funding for a program with no benefit to the Midlothian
District when there are schools in the district in need of
repair and repainting and trailers being currently used for
classrooms. He further stated he is comfortable with his
decision until additional information is available to clarify
the issue.
Dr. Kalkofen stated she thinks Crestwood Elementary would be
interested in and have room for a Virginia Preschool
Initiative classroom. She further stated, since this is the
first time School Administration attempted to apply for this
funding, she does not know if anyone thought about equity
across the magisterial districts. She stated the educators
would appreciate the opportunity to consider adding more
classes, and she will look at expanding the grant to include
Crenshaw, Matoaca and Crestwood Elementary Schools.
Mr. King stated Block Grant fundin~j is not equitably
distributed and expressed concerns relative to pitting one
district against another and not letting the School Board run
the school system.
07-40l
04/25/07
-
-
'-.-r-
Mr. Warren stated, with the new information provided, he
believes the school system really is looking out for at-risk
students. He further stated it is not the Board's role to
deal with specific line items in the budget. He stated he
will vote on this issue on the basis of the elected School
Board and School Administration as to how they spend their
money that is budgeted to them.
In response to Mrs. Humphrey's question, Dr. Kalkofen stated
the current proposal will serve approximately ll2 students,
and the state has indicated that there are potentially 500
county students that would be served by this program beyond
Head Start and Title 1.
Mrs. Humphrey expressed concerns that only about 20 percent
of the students at-risk will be served.
Mr. Miller stated he does not know whether the Board has made
a decision regarding a program such as this before, but he
believes that they should because any program could be coming
through on any budget that mayor may not be in the best
interest of county citizens. He further stated the Board has
not transcended the School Board/s rights, as has been
suggested. He stated the Board of Supervisors should have
the right to say what programs are funded with taxpayers'
money because they levy the taxes. He further stated the
Board could have just reduced the School Board's budget by
$750,000, but he believes in being honest and upfront by
telling the school system that the Board did not believe the
program was a good use of taxpayer dollars. He stated the
Board has a right to look at programs that are included in
the budget. He further stated his vote was not based on
geography/ but that the role of government has been extended
too far. He inquired whether this program would stop with
four-year-olds, or if it would later be provided for three-
and two-year-olds, as well. He expressed concerns that
federal and state funding for programs does not last, and the
county must continue funding them. He stated he will not
apologize for exercising his duties/ indicating that he takes
issue with many School Board matters/ but has never intruded
in them. He further stated the School Board voices their
opinion to the Board of Supervisors regarding how they should
act on issues such as the tax ra'te. He stated Board members
represent the citizens who have no other voice except the
Board of Supervisors to express their concerns. He further
stated regardless of boundaries or geographical differences/
but purely on principle, he will not change his vote on the
issue / indicating that he was not misled in the slightest
about this program.
Mr. King stated
he thinks the
authority.
he knows the Board has taxing authority, but
action taken by the Board usurps that
Mr. King then made a motion/ seconded by Mr. Warren, for the
Board to approve an amendment to the FY2008 school budget in
the amount of $750,000 and t.ransfer $386,100 from the
county's FY2008 budget for appropriation in the school's
instruction category, effective July 1, 2007.
Ayes: King and Warren.
Nays: Miller, Humphrey, and Sowder.
07-402
04/25/07
Mrs. Humphrey stated she would still entertain a proposal
that would include additional schools.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWE:R CONTRACTS
9 . B . REPORT ON STATUS OF GENERAL FUND E~ALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND __
LEASE PURCHASES
9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. Miller/ the Board
accepted a Report on Developer Water and Sewer Contracts; and
a Report on the Status of 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:
ADDITION
LENGTH
Brynmore
(Effective 2/28/2007)
Brynmore Drive (Route 5970) - From Crooked
Branch Terrace (Route 597l) to cul-de-sa.c
o . 15 Mi.
--,'
Brynmore Drive (Route 5970) - From Centralia
Road (Route 145) to Crooked Branch Terra.ce
(Route 5971)
o . l8 Mi.
Crooked Branch Terrace (Route 5971) - From
Brynmore Drive (Route 5970) to cul-de-sa.c
0.22 Mi.
Carters Mill East
(Effective 3/7/2007)
Carters Garden Court (Route 7ll7) - From Carters
Garden Drive (Route 7115) to cul-de-sac
o . 06 Mi.
Carters Garden Drive (Route 7115) - From Carters
Hill Drive (Route 7116) to Carters Garden Court
(Route 7117)
o . 15 Mi.
Carters Garden Drive (Route 71l5) - From Carters
Garden Terrace (Route 7118) to cul-de-sa.c
0.15 Mi.
Carters Garden Drive (Route 7115) - From Carters
Garden Court (Route 7117) to Carters Garden
Terrace (Route 7118)
-
0.09 Mi.
Carters Garden Drive (Route 7115) - From Second
Branch Road (Route 653) to Carters Hill Drive
(Route 7116)
0.33 Mi.
Carters Garden Terrace (Route 7118) - From Carters
Garden Drive (Route 7115) to cul-de-sac
0.19 Mi.
07-403
04/25/07
Carters Hill Court (Route 7119) - From Carters
Hill Drive (Route 71l6) to cul-de-sac
Carters Hill Drive (Route 7116) - From Carters
Garden Drive (Route 7115) to Carters Hill Court
(Route 71l9)
Carters Hill Place (Route 7l20) - From Carters
Hill Drive (Route 71l6) to cul-de-sac
Clayborne Village A
(Effective 2/28/2007)
Clayborne Court (Route 7134) - From Clayborne
Lane (Route 7133) to cul-de-sac
Clayborne Lane (Route 7133) - From Charter Club
Drive (Route 7064) to Clayborne Court (Route 7134)
Clayborne Lane (Route 7133) - From Nicolay Way
(Route 7135) to temporary end of maintenance
Clayborne Lane (Route 7133) - From Clayborne
Court (Route 7134) to Nicolay Way (Route 7135)
Clayborne Place (Route 7136) - From Nicolay Way
(Route 7135) to cul-de-sac
Nicolay Way (Route 7l35) - From Clayborne Lane
(Route 7133) to Nicolay Place (Route 7136)
Clayborne village B
(Effective 2/28/2007)
Nicolay Way (Route 7135) - From 0.06 mile
northwest of Clayborne Lane (Route 7l33) to
temporary end of maintenance
Clayborne Village C
(Effective 2/28/2007)
Clayborne Lane (Route 7133) - From 0.03 mile north
of Nicolay Way (Route 7l35) to cul-de-sac
Founders Bridge/ Section 4
(Effective 2/28/2007)
O.ll Mi.
0.l2 Mi.
0.05 Mi.
0.02 Mi.
0.07 Mi.
0.03 Mi.
0.06 Mi.
0.03 Mi.
0.06 Mi.
o . 05 Mi.
0.07 Mi.
pine Vale Place (Route 7100) - From Founders Bridge
Road (Route 7062) to 0.09 mile east of Founders
Bridge Road (Route 7062) 0.09 Mi.
-
pine Vale Place (Route 7100) - From 0.09 mile east
of Founders Bridge Road (Route 7062) to Pine Vale
Place (Route 7100)
Greenham At Longmeadow
(Effective 3/6/2007)
Greenham Court (Route 7l27) - From Greenham Drive
(Route 7126) to cul-de-sac
07-404
0.09 Mi.
0.11 Mi.
04/25/07
Greenham Drive (Route 7126) - From Longmeadow
Circle (Route 513l) to Greenham Court (Route 7l27)
0.03 Mi.
Greenham Drive (Route 7126) - From Greenham Court
(Route 7127) to cul-de-sac
0.04 Mi.
Ivyridge/ Section B
(Effective 3/28/2007)
Grove Place (Route 1535) - From 0.05 mile east
of Ivyridge Drive (Route 5319) to Ivyridge
Drive (Route 5319)
-
0.05 Mi.
Ivyridge Drive (Route 5319) - From Ivy tree
Terrace (Route 5866) to cul-de-sac
0.12 Mi.
Ivyridge Drive (Route 5319) - From 0.02 mile
east of Ivyridge Turn (Route 5349) to Ivyridge
Terrace (Route 5865)
0.07 Mi.
Ivyridge Drive (Route 53l9) - From Ivyridge
Terrace (Route 5865) to Ivy tree Terrace (Route
5866)
0.07 Mi.
Ivyridge Terrace (Route 5865) - From Ivyridge
Drive (Route 5319) to cul-de-sac
o . 07 Mi.
Ivy tree Terrace (Route 5866) - From Ivyridge
Drive (Route 5319) to cul-de-sac
0.04 Mi.
Queens Grant 3
(Effective 2/28/2007)
-"
Brewton Way (Route 5860) - From 0.10 mile east
of Brewton Terrace (Route 586l) to Riverdowns
South Drive (Route 5744) 0.01 Mi.
Riverdowns South Drive (Route 5744) - From
Brewton Way (Route 5860) to temporary end of
maintenance 0.03 Mi.
Riverdowns South Drive (Route 5744) - From Kings
Farm Drive (Route 5739) to Brewton Way (Route 5860) 0.26 Mi.
Southshore Shops at Blackwood
(Effective 2/28/2007)
Southshore Point Drive (Route 7121) - From
Southshore Drive (Route 4777) to temporary end
of maintenance
0.17 Mi.
Tarrington/ Section 4
(Effective 2/28/2007)
Chatwell Road (Route 7112) - From Welby Drive
(Route 7102) to temporary end of maintenance
-
0.03 Mi.
Hanwell Court (Route 7113) - From Welby Drive
(Route 7102) to cul-de-sac
0.10 Mi.
Sherfield Court (Route 7107) - From Sherfield
Road (Route 7101) to cul-de-sac
0.02 Mi.
07-405
04/25/07
Welby Court (Route 7108) - From Welby Drive
(Route 7102) to cul-de-sac
Welby Drive (Route 7102) - From Chatwell Road
(Route 7112) to Hanwell Court (Route 7ll3)
Welby Drive (Route 7102) - From Welby Court
(Route 7108) to Welby Terrace (Route 7l09)
Welby Drive (Route 7102) - From Welby Place
(Route 71l1) to Chatwell Road (Route 71l2)
Welby Drive (Route 7102) - From Welby Turn
(Route 7114) to cul-de-sac
Welby Drive (Route 7102) - From Hanwell Court
(Route 7l13) to Welby Turn (Route 7l14)
Welby Drive (Route 7102) - From Welby Terrace
(Route 7109) to Welby Place (Route 7l1l)
Welby Mews (Route 7l10) - From Welby Drive
(Route 7102) to cul-de-sac
Welby Place (Route 71ll) - From Welby Drive
(Route 7102) to cul-de-sac
Welby Terrace (Route 7l09) - From Welby Drive
(Route 7102) to cul-de-sac
Welby Turn (Route 7l14) - From Welby Drive
(Route 7102) to cul-de-sac
Tarrington/ Section 5
(Effective 2/28/2007)
Ashwell Drive (Route 5843) - From O.Ol mile
north of Sherfield Road (Route 7l0l) to Wilcot
Drive (Route 7123)
Ashwell Drive (Route 5843) - From Wilcot Drive
(Route 7123) to Grantly Court (Route 7124)
Ashwell Drive (Route 5843) - From Grantly Court
(Route 7l24) to temporary end of maintenance
Chatwell Road (Route 7l26) - From Henlow Drive
(Route 7125) to temporary end of maintenance
Chatwell Road (Route 7l26) - From Henlow Drive
(Route 7125) to cul-de-sac
Grantly Court (Route 7124) - From Ashwell Drive
(Route 5843) to cul-de-sac
Henlow Drive (Route 7125) - From wilcot Drive
(Route 7l23) to Chatwell Road (Route 7126)
Wilcot Drive (Route 7123) - From Henlow Drive
(Route 7l25) to cul-de-sac
07-406
0.09 Mi.
o . 04 Mi.
0.07 Mi.
o . 06 Mi.
0.05 Mi.
o . 04 Mi.
o . 08 Mi.
o . l8 Mi.
o . 06 Mi.
0.06 Mi.
o . II Mi.
0.09 Mi.
0.07 Mi.
0.03 Mi.
0.02 Mi.
0.06 Mi.
0.03 Mi.
0.09 Mi.
0.08 Mi.
04/25/07
Wilcot Drive (Route 7123) - From Ashwell Drive
(Route 5843) to Henlow Drive (Route 7125)
0.23 Mi.
Ayes: Miller/ Humphrey, King, Sowder and Warren.
Nays: None.
lO. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Bonnie Butz/ a resident of Stonemill Subdivision/
expressed concerns relative to environmental issues
regarding development occurring in wetlands and a
retention pond in the vicinity of her property. She
stated, when she purchased her home, she was told that no
one could build on the wooded area next to the property
because it was a protected wetland. She further stated a
retention pond was built in the wooded area after trees
were removed for development/ and the residents were told
that it would only be there two to three months. She
stated the pond is a dumping ground for debris and
expressed concerns relative to snakes and other animals in
the area of the pond.
-
Mr. Miller requested that staff meet with Ms. Butz
regarding her concerns.
ll. DINNER
On motion of Mr.
recessed to the
dinner.
King, seconded by M:r. Miller,
Administration Building/ Room
the Board
502, for
.-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Reconvening:
l2. INVOCATION
Reverend Margaret Kutz/ Senior Pastor of Chester United
Methodist Church/ gave the invocation.
l3. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Joseph Seifert led the Pledge of Allegiance to
the flag of the United States of America.
l4. RESOLUTIONS
--""'"'
14.A. RECOGNIZING MR. JAMIE ACCASHIAN, PRINCIPAL OF
COMMUNITY HIGH SCHOOL, AS THE REC:!:PIENT OF THE 2007
R.E.B. AWARD FOR DISTINGUISHED EDUCATIONAL LEADERSHIP
Mr. Kappel introduced Mr. Jamie Accashian, who was present at
the meeting.
07-407
04/25/07
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County'/ Virginia enjoys a national
reputation as a locality that has a public school system
noted for its leadership and excellence; and
WHEREAS, that reputation is built upon the experience,
expertise and commitment of many outstanding men and women
devoted to educating our young people; and
WHEREAS, Mr. Jamie Accashian, principal of Chesterfield
Community High School, is one of these committed
professionals; and
WHEREAS, Mr. Accashian has been selected as the 2007
R.E.B. Award for Distinguished Educational Leadership; and
WHEREAS/ this award recognizes Richmond-area principals
whose efforts create an exceptional educational environment
for the students entrusted to their care; and
WHEREAS, Mr. Accashian joined the Chesterfield County
Public Schools system in 1982 as head football coach; and
WHEREAS / Mr. Accashian also served as a teacher at
Meadowbrook High School in 1991, where he created and led a
pilot program that later led to creation of Chesterfield
Community High, the county's alternative high school for
students at risk of dropping out of school due to academic,
behavioral or social problems; and
WHEREAS/ Mr. Accashian led the new school, which opened
in 1998, to full accreditation in 2006; and
WHEREAS, Mr. Accashian received a $7,500 cash grant as
part of his R.E.B. Award; and
WHEREAS, Community High School also received a $7/500
award as a result of Mr. Accashian's selection as this year's
R.E.B. Award recipient; and
WHEREAS, Mr. Accashian/s noteworthy
providing young people with opportunities
worthy of recognition by the residents
County.
commi tment to
to succeed is
of Chesterfield
-
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of April 2007,
publicly recognizes Mr. Jamie Accashian, extends its sincere
appreciation, on behalf of all county residents / for his
dedication to the youths of Chesterfield County,
congratulates him on recei ving the R. E. B. Award for
Distinguished Educational Leadership, and wishes him
continued success in all his endeavors.
AND/ BE IT FURTHER RESOLVED/ that a copy of
resolution be presented to Mr. Accashian, and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-408
04/25/07
Mr. King presented the executed resolution to Mr. Accashian,
accompanied by Dr. Newsome, thanked him for his dedication to
the youth of Chesterfield County, and wished him continued
success.
Dr. Newsome stated he is very proud of Mr. Accashian/ and
Community High School is very special because of a special
person like Mr. Accashian.
Mr. Accashian expressed appreciation to the Board for the
recogni tion and stated the award is a result of the great -
staff at Community High School.
14.B. RECOGNIZING AUXILIARY POLICE OFFICER WADE M.
MCCLINTOCK UPON HIS RETIREMENT
Colonel Baker introduced Mr. Wade McClintock, who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS,
Chesterfield
2007; and
Mr. Wade M. McClintock retired from
County Auxiliary Police Unit on February
the
28,
WHEREAS, Mr. McClintock provided 36 years of volunteer
service to the citizens of Chesterfield County as an
Auxiliary Police Officer/formerly known as Special Police;
and
WHEREAS / during his tenure in the l~uxiliary Police Unit/
Mr. McClintock served as Field Training Officer, Sergeant and
Lieutenant; and
~
WHEREAS, Mr. McClintock also
Firearms Instructor, and Special
Coordinator for several years; and
served as
Assi.gnment
Range
and
Officer,
CallOut
WHEREAS, Mr. McClintock has assisted in a number of
significant high profile investigations; and
WHEREAS, Mr. McClintock was commended for his assistance
wi th the arrest of one of four armed robbery subj ects near
the Cloverleaf Lake Apartments; and
WHEREAS, Mr. McClintock was instrumental in the
successful search for an Alzheimer's subject who had wandered
away from home in the Winterpock area, and with the
assistance of scent dogs, the individual was found alive and
rescued; and
WHEREAS/ Officer McClintock received a Unit Citation
Award for his dedication and diligence in service to the
department as a member of the Auxiliary Police Unit, and his
commitment and professionalism provided for a safer and more
secure community for the citizens of ChE!sterfield County; and
WHEREAS, Mr. McClintock has provided the Chesterf ield
County Police Department with many years of loyal and
dedicated volunteer service; and
07-409
04/25/07
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mr. McClintock's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors/ this 25th day of April 2007,
publicly recognizes Mr. Wade M. McClintock, and extends on
behalf of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement / and best wishes for a
long and happy retirement.
AND/ BE IT FURTHER RESOI,vED that a
resolution be presented to Mr. McClintock,
resolution be permanently recorded among the
Board of Supervisors of Chesterfield County.
copy of this
and that this
papers of this
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. King presented the executed resolution and a Jefferson
Cup to Mr. McClintock, accompanied by members of his family,
Captain Perry Hornbarger and Colonel Baker/ thanked him for
his dedicated service/ and wished him well in his retirement.
Captain Hornbarger expressed appreciation to Mr. McClintock
for allowing him to ride along 24 years ago on his first
shift with the Special Police Unit.
Mr. McClintock expressed appreciation to the Board for the
recognition and stated be has been blessed with two great
families - his own family and his Police Department family.
14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUTS
14.C.1. MR. JOSEPH SEIFERT, MIDLOTHIAN DISTRICT
l4.C.2. MR. DANIEL MARTIN, MIDLOTHIAN DISTRICT
l4.C.3. MR. RYAN CHESTER, MATOACA DISTRICT
14.C.4. MR. JOSHUA TRAYLOR, DALE DISTRICT
14.C.5. MR. JARED RHODES, DALE DISTRICT
14.C.6. MR. MALACHI HUGHES, BERMUDA DISTRICT
l4.C.7. MR. LANCE GONZALEZ, BERMUDA DISTRICT
14.C.8. MR. NEIL BISHOP, BERMUDA DISTRICT
14.C.9. MR. NATHAN HUGHES, BERMUDA DISTRICT
l4.C.10. MR. CHARLES CRUMP, III, BERMUDA DISTRICT
Mr. Kappel introduced Mr. Joseph Seifert, Mr. Daniel Martin/
Mr. Ryan Chester, Mr. Joshua Traylor/ Mr. Jared Rhodes, Mr.
Malachi Hughes, Mr. Lance Gonzalez, Mr. Neil Bishop, Mr.
Nathan Hughes and Mr. Charles Crump / who were present to
receive resolutions.
On motion of the Board, the following resolution was adopted:
07-410
04/25/07
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS/ the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitnessj and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
-
Mr. Joseph Donald Seifert and Mr. Daniel Justin Martin,
both of Troop 876/ sponsored by Mount Pisgah United Methodist
Churchj Mr. Ryan Chester, Mr. Joshua Traylor, Mr. Malachi
Hughes, Mr. Lance Gonzalez/ Mr. Neil Bishop, Mr. Jared Rhodes
and Mr. Nathan Hughes, all of Troop 826, sponsored by The
Church of Jesus Christ of Latter Day Saints; and Mr. Charles
Richard Crump, III/ Troop 837, sponsored by Chester Baptist
Church have accomplished those high standards of commitment
and have reached the long-sought goal of Eagle Scout which is
received by only four percent of those individuals entering
the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for roles as leaders in
society, Joe, Daniel, Ryan, Joshua, Malachi, Lance/ Neil/
Jared, Nathan and Chip have distinguished themselves as
members of a new generation of prepared young citizens of
whom we can all be very proud.
"
-
NOW / THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors/ this 25th day of April 2007/
hereby extends its congratulations to Mr. Joseph Donald
Seifert, Mr. Daniel Justin Martin/ Mr. Ryan Chester/ Mr.
Joshua Traylor, Mr. Malachi Hughes, Mr. Lance Gonzalez, Mr.
Neil Bishop, Mr. Jared Rhodes and Mr. Nathan Hughes/ and Mr.
Charles Richard Crump, III, and acknowledges the good fortune
of the county to have such outstanding young men as its
citizens.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Board members presented the executed resolutions and patches
to each of the Eagle Scouts, accompanied by members of their
families / congratulated them on their outstanding
achievements/ and wished them well in his future endeavors.
Each of the scouts provided details
project and expressed appreciation
others for their support.
-
o:E
to
their
their
Eagle Scout
parents and
07-411
04/25/07
15. REQUESTS FOR MANUFACTURED 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 l7
07HP0269
-
In Matoaca Magisterial District, MICHAEL AND SHERRY SECKMAN
request historic landmark designation and amendment of the
zoning district map for FUQUA FARM. The Comprehensive Plan
suggests the property is appropriate for single-family
residential use of 2.0 units per acre or less. This request
lies in an Agricultural (A) District on 1.0 acre and is known
as 8700 Bethia Road. Tax ID 720-665-5335.
Mr. Turner presented a summary of Case 07HP0269 and stated
the Planning Commission, the Historic Preservation Committee
and staff recommended approval.
Michael and Sherry Seckman thanked the Board for the
opportunity to designate the property as a historic landmark.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Sowder/ the Board
approved Case 07HP0269.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0226
In Dale Magisterial District, ROUTE lO REALTY PARTNERS, LLC
requests rezoning and amendment of zoning district map from
Residential (R-7) to Community Business (C-3) with
Conditional Use to permit townhouse and multifamily
residential uses plus Conditional Use Planned Development to
permit exceptions to Ordinance requirements. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for mixed use corridor uses and
residential use of 1.0-2.5 dwelling units per acre. This
request lies on ll.l acres fronting approximately 100 feet at
the southwest terminus of Hill Road approximately 1,800 feet
southwest of Canasta Drive. Tax IDs 771-678-5933, 6655/
74 7 3 , 8 0 14, 83 9l , 8 724 and 913 3; and 772 - 67 8 - 074 8 , 085 8 and
1565.
Mr. Turner presented a summary of Case 07SN0226 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Brennen Keene, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
07-412
04/25/07
Ms. Emmie Hopper, adjacent property owner, expressed concerns
that the proposed townhouses would not be aesthetically
pleasing and that safety issues would occur as a. result of
the townhouse development. She stated she appreciates that
Hill Road will not be extended, but does not appreciate the
change from single-family residential to townhouse
development.
There being no one else to speak to the request, the public
hearing was closed.
-
Mr. Keene stated the property has a significant amount of
wetlands along the eastern boundary; therefore/ the character
of the adj acent neighborhood will be preserved. He further
stated the development would not connect to Hill or Old Zion
Hill Roads, thus providing physical separation between the
existing neighborhood and the proposed townhouses.
Mr. Miller stated this development is part of a property that
was previously rezoned/ and in his opinion, will be a good
addition to the county. He further stated the proffered
conditions provide assurance that this will be a quality
development and address concerns of the neighbors relative to
connectivity to Hill and Old Zion Roads.
On motion of Mr. Miller, seconded by Mr. King, the Board
approved Case 07SN0226 and accepted the following proffered
conditions:
The Owners and the Developer (the "Developerfl) in this zoning
case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield
County/ for themselves and their successors or assigns,
proffer that the development of the Property known as
Chesterfield County Tax Identification Number 771-678-5933,
771-678-6655,771-678-7473,771-678-8014:, 771-678-.8391, 771-
678-8724/ 77l-678-9l33/ 771-678-9443, 772-678-0748, 772-678-
0858, and 772-678-l565 (the ~Property or the Hartman Tract")
under consideration will be developed according to the
following conditions if / and only if / the rezoning request
for C-3 with a conditional use planned development (CUPD) is
granted. In the event the request is denied or approved with
condi tions not agreed to by the Developer, the proffers and
conditions shall immediately be null and void and of no
further force or effect. If the zoning is granted, these
proffers and conditions will supersede all proffers and
conditions now existing on the Property.
-'
1. Master Plan. The textual statement dated F'ebruary 9,
2007 shall be considered the Master Plan. (P)
2.
Utilities. The public water and wastewater systems
shall be used, except for model homes/sales offices not
in permanent dwellings and/or construction offices. (U)
~"
3. Timbering. wi th the exception of timbering which has
been approved by the Virginia State DE=partment of
Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering unti.l a land
disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
07-413
04/25/07
4. Density. The maximum number of dwelling units developed
on the Property shall be 90. (P)
5. Location of Uses. Any permitted use may be permitted
within the same block/ street, or section of street in
order to facilitate the mixed-use nature of the
development. Limitations to this provision are set out
in the Textual Statement. (P)
6. Connectivity. There shall be no connection to Hill Road
and Old Zion Hill Road from the Property. (T and P)
7. Lighting.
A. Except for decorative lighting attached to a
building, the maximum height of lampposts shall be
30 feet. Exterior lighting shall meet the
requirements of the Zoning Ordinance except that
porch lights/ lamps/ decorative, and period
lighting that is in keeping with the pedestrian
oriented character of Watermark shall be permitted.
B. Streetlight fixtures, poles/ and lamp types shall
be consistent along a street. The selected
streetlight shall be compatible with the pedestrian
oriented character of Watermark. The exact type of
streetlight(s) and the locations shall be
determined at the time of site plan review. (P)
8. Open Space. Within the Property, a minimum f 15 percent
of the gross acreage shall be devoted to open space.
( P)
9. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law/ the Federal Fair Housing Act,
and such other applicable federal/ state or local legal
requirements, dwelling units designated as age-
restricted shall be restricted to "housing for older
persons; as defined in the Virginia Fair Housing Law and
no persons under 19 years of age shall reside therein."
(P and B&M)
10. Senior Housing. Any dwelling units designated for
senior housing as defined in Proffered Condition 9 shall
be noted on the site plan or subdivision plat. Such
dwelling units shall be grouped together as part of the
same development section(s). (P and B&M)
11. Cash Proffers. The applicant, subdivider, or
assignee (s) shall pay the following to the County of
Chesterfield prior to the issuance of any residential
building permit for infrastructure improvements within
the service district for the Property:
A. $15,600.00 per dwelling unit if paid prior to July
1, 2007. Thereafter, such payment shall be the
amount approved by the Board of Supervisors not to
exceed $15,600.00 per unit as adjusted upward by
any increase in the Marshall and Swift Building
Cost Index between July 1, 2006 and July 1 of the
fiscal year in which the payment is made if paid
after June 30, 2007.
07-4l4
04/25/07
B.
Provided/ however/ that if any residential building
permits issued on the Property are for senior
housing / as defined in the proffer on age-
restriction, the applicant, sub-divider, or
assignee(s) shall pay $10,269.00 per unit to the
County of Chesterfield, prior to the time of
issuance of a residential building permit, for
infrastructure improvements wi thin the service
district for the Property if paid prior to July 1,
2007. The $10/269.00 for any units developed shall
be allocated pro-rata among the facility costs as
follows: $602 for parks / $348 for library
facilities, $404 for fire stations/ and $8,915 for
roads. Thereafter/ such payment shall be the
amount approved by the Board of Supervisors not to
exceed $10,269 per unit as adjusted upward by any
increase in the Marshall and Swift Building Cost
Index between July l, 2006 and July 1 of the fiscal
year in which the payment is made if paid after
June 30, 2007.
-
C. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. Should Chesterfield County impose impact fees
at any time during the life of the development that
are applicable to the Property/ the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees/ in
a manner as determined by the county. (B&M)
-~
12. Access. There shall be no direct vehicular access from
the property to Hill Road or Old Zion Hill Road. (T)
13. Dedication. The following rights-of-way shall be
dedicated/ free and unrestricted, to Chesterfield County
in conjunction with recordation of the initial
subdivision plat or prior to the first site plan
approval or within sixty (60) days from the date of a
written request by the Transportation Department,
whichever occurs first:
A. Right of way required to construct a cul de sac at
the existing terminus of Hill Road. (T)
14. Covenants. At a minimum, the restrictive covenants
shall contain language that addresses the following.
Such covenant shall remain in place as long as the
Property is used for residential purposes.
Future homeowners of the lots or units within the
Property will have notice of the location of the
Chesterfield County Airport and its proximity to the -
Property. Any subdivision plat or location plan used in
any condominium documents shall note the location of the
Airport and its proximity to the Property. (P)
15. Public Roads. In tracts with townhouse and condominium
uses/ all roads that accommodate general traffic
circulation through the development, as determined by
the Transportation Department, shall be designed and
07-415
04/25/07
constructed to VDOT standards and as set forth in the
Textual Statement/ and taken into the State System. (T)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller then made motion, seconded by Mr.
Board to approve the waiver to street
requirements to Hill and Old Zion Hill Roads.
King, for the
connectivity
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
05SNOl59
In Matoaca Magisterial District, JOHN G. ~CHIP" DICKS
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential Townhouse (R-TH) plus
Condi tional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 8.0 units
per acre in a Residential Townhouse (R-TH) District is
permitted. The Comprehensive Plan suggests the property is
appropriate for mixed use corridor use, single family
residential use of 2.0 units per acre or less and
conservation: passive recreation use. This request lies on
85.4 acres fronting approximately 460 feet on the south line
of Hull Street Road across from Cosby Road. Tax IDs 717-669-
2537 and 7l7-670-1030/ 1751/ 2877, 5998 and 8050.
Mr. Turner presented a summary of Case 05SN0159 and stated
the Planning Commission, on a 4-l vote, and staff recommended
approval and acceptance of the proffered conditions.
Mr. Roger Bowers, representing the applicant, accompanied by
Ms. Shelly Schuetz, Vice President for the Hampton Park
Community Association, stated the recommendation is
acceptable. He provided a copy of a statement from the
Hampton Park Community Association supporting the request.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
approved Case 05SN0159 and accepted the following proffered
conditions:
l. The Textual Statement/ dated January 4, 2007, and the
Concept Plan prepared by Townes Site Engineering, dated
January 4, 2007, shall be considered the Master Plan.
The site shall be developed in general conformance with
the Concept Plan. The shaded area on the Concept Plan
shall be common area with no townhouse units south of
the stream identified by Line ~A" on the Concept Plan.
( P)
2.
The
321.
total
(P)
number of
townhouse units
shall
not
exceed
3. The public water and wastewater systems shall be used.
(U)
07-4l6
04/25/07
4. The developer or its successors in interest
( collectively, the ~developer") shall construct a
clubhouse building and a pool on the Property to serve
the residents of this new townhouse community. The
developer shall receive the certificate of occupancy for
the clubhouse prior to receiving the building permit for
the 200th townhouse unit within the Property. (p)
5. Front-loaded garages shall be located no closer to the
street than the front facade of the dwelling unit. (P)
-
6. Except for timbering approved by the Virginia Department
of Forestry for the purpose of removing dead or diseased
tress, there shall be no timbering on the Property until
a land disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices installed. (EE)
7. The developer shall make a payment of $200 per acre (not
to exceed an aggregate payment of $17,076.00 based upon
a total of 85.38 acres) to the County toward the
expansion of the Dry Creek Wastewater Pumping Station.
These payments shall be made prior to the issuance of
the first building permit for a st,ructure to be erected
on the Property, unless the developer submits and the
County approves a phasing schedule for the payment of
such fees in accordance with the phases in which the
Property is developed. (U)
8 .
In conjunction with recordation of the initial
subdivision plat or within sixty (60) days of a written
request by the Transportation Department, whichever
occurs first / 100 feet of right-of --way along Hull Street
Road (Route 360), measured from the centerline of that
part of the roadway immediately adj acent to the
Property/ shall be dedicated, free and unrestricted/ to
and for the benefit of Chesterfield County. (T)
-'
9. In conjunction with recordation of the initial
subdivision plat or within sixty (60) days of a written
request by the Transportation Department, whichever
occurs first, a ninety (90) foot wide right-of-way for
an east/west maj or arterial ("Ashbrook Parkway") shall
be dedicated from the eastern Property line to the
western Property line/ free and unrestricted/ to and for
the benefit of Chesterfield County. The exact location
of this right-of-way shall be approved by the
Transportation Department and shall be generally as
shown on the Master Plan. (T)
10. Direct vehicular access to and from the Property onto
Route 360 shall be limited to one (l) public road that
aligns with the existing crossover at Cosby Road. The
intersection of the public road with Route 360 shall be
designed and constructed to preclude vehicles exiting
the Property from traveling west on Route 360, as
determined by the Transportation Department. Prior to
tentative subdivision plan approval/ an Access Plan for
Ashbrook Parkway shall be submittE~d to and approved by
the Transportation Department. Direct vehicular access
from the Property to Ashbrook Parkway shall conform to
the approved Access Plan. (T)
.-
07-417
04/25/07
11.
All roads that
through the
Transportation
constructed to
System. (T)
accommodate general traffic circulation
development, as determined by the
Department, shall be designed and
VDOT standards and taken into the State
12. The developer shall be responsible for:
a. Construction of two lanes of Ashbrook Parkway to
VDOT urban minor arterial standards with a 50 mph
design speed, with any modifications approved by
the Transportation Department, from its terminus
approximately lOOO feet east of Hampton Park Drive
to its terminus at Shady Banks Drive; the exact
length, location and design of this improvement
shall be approved by the Transportation Department;
b. Construction of an additional lane of pavement
along Route 360 for the entire Property frontage;
c.
Construction of additional pavement
at the public road intersection
separate right turn lane beyond the
identified in 12.bj
along Route 360
to provide a
additional lane
d. Construction of additional pavement along Route 360
east of the public road intersection to provide an
acceleration lane. The exact length of this
improvement shall be approved by the Transportation
Department;
e. Construction of additional pavement along the
westbound lanes of Route 360 to provide a left turn
lane at the existing crossover that aligns Cosby
Road;
f.
Construction of sidewalk
Ashbrook Parkway that is to
to Proffered Condition 12a;
along both sides of
be constructed pursuant
g. Construction of additional pavement to provide turn
lanes along Ashbrook Parkway at each approved
intersection, based on Transportation Department
standards; and
h. Dedication, free and unrestricted to and for the
benefit of Chesterfield County, of any additional
right-of-way (or easements) required for these
improvements. (T)
13. Prior to any site plan approval, a phasing plan for the
improvements identified in Proffered Condition l2 shall
be submitted to and approved by the Transportation
Department. The approved phasing plan shall require,
among other things, that the improvement identified in
Proffered Condition 12.a will be open for traffic, as
determined by the Transportation Department / prior to
issuance of a cumulative total of more than fifty (50)
certificates of occupancy on the Property, and the
improvements identified in Proffered Conditions 12.b and
07-418
04/25/07
12.e will be constructed in conjunction with the initial
development on the Property. (T)
14. The developer or its assignee(s) shall pay the following
to Chesterfield County for infrastructure improvements
within the service district for the Property
a. Prior to the issuance of the building permit the
developer or its assignee(s) shall make a payment
to Chesterfield County in the following amounts:
b.
i. $15,600 per dwelling unit, if paid prior to
July 1, 2007. At the time of payment/ $15,600
will be allocated pro ra.ta among the facility
costs as follows: $602 for parks and
recreation; $348 for library facilities;
$8,915 for roads; $404 for fire stations; and
$5,331 for schools; or
ii. The amount approved by the Board of
Supervisors not to exceed $15/600 per dwelling
unit pro rated as set forth in Proffered
Condition l4.a.i. above and adjusted upward by
any increase in the Marshall and Swift
Building Cost Index between July 1/ 2006, and
July 1st of the fiscal year in which the
payment is made after June 30/ 2007.
iii.
These payments shall be made prior to the
issuance of the building permit for each
dwelling unit. Should Chesterfield County
impose impact fees at anytime during the life
of this development that are applicable to the
Property, the amount paid as cash proffers
shall be in lieu of, or credited toward, but
not in addition to, any impact fees, in a
manner determined by Chesterfield County.
-
Transportation Contribution. If the developer
provides the Off-Site Improvements/ as defined
below, approved by the Transportation Department,
the cash proffer payment(s) for the roads component
set forth in Proffered Condition l4. a. shall be
reduced for so long as the Costs, as defined below,
of the Off -Site Improvemen'ts are of equal or
greater value than that which would have been
collected through the payml:mt (s) of the roads
component of the cash proffer. Once the sum total
amount of the cash proffer credit exceeds the Costs
of the Off-Site Improvements, as determined by the
Transportation Department, thereafter the developer
shall commence paying the cash proffer as set forth
in Proffered Condition 14.a. For the purposes of
this proffer, the ~Costs/" as approved by the
Transportation Department, shall include/ but not
be limited to, costs to the developer for right-of-
way acquisi tion/ engineering, permi tting,
relocation of utilities and the act.ual costs of
construction (including labor, materials and
overhead) for the Off-site Improvements. The "Off-
"'~I-'"
07-419
04/25/07
Site Improvements If shall consist of half of the
cost of the drainage conveyance structure for the
crossing of Dry Creek and construction of Ashbrook
Parkway and its sidewalks from the eastern Property
line to its current terminus at Shady Banks Drive.
The Transportation Department shall review and
provide prior written approval of the Costs of the
Off-Site Improvements.
c.
Cash proffer payments
purposes proffered or
law. (BM & T)
shall be spent for the
as otherwise permitted by
15. In conjunction with the construction of the improvements
noted in Proffer 12a, if approved by the owners of the
open space the developer shall install the following
improvements within the existing recorded open space
that parallels Ashbrook Parkway located within Hampton
Park. A plan showing these improvements shall be
submitted to the Planning Department for approval at the
time of submittal of road construction plans for the
section of Ashbrook Parkway set forth in Proffer 12a.:
a. A walking trail/sidewalk along the south side of
the existing Ashbrook Parkway wi thin Hampton Park
that parallels Ashbrook Parkway to connect to the
existing walking trail/sidewalk on the south side
of the existing Ashbrook Parkway and be contiguous
with the walking trail/sidewalk that the developer
shall install along Ashbrook Parkway within the
Property.
b. Fencing along the southern side of the existing
walking trail starting at the southeastern
intersection of Hampton Park Drive and Ashbrook
Parkway eastward to the existing detention pond
south of Ashbrook Parkway. Fencing shall be
constructed of white vinyl in a similar style to
existing fencing within the Hampton Park
subdivision along Otterdale Road or of materials
and style that is mutually agreeable to the Hampton
Park Community Association, Inc. and the developer
at time of installation.
c. A double row of evergreen trees (at least five feet
tall at the time of planting) between the existing
walking trail to the south of Ashbrook Parkway and
the fence mentioned in Proffer 15b. in the area
immediately north of the existing detention pond.
This requirement may be waived by the Hampton Park
Community Association, Inc., in its reasonable
discretion/ if installing these trees requires
removal of suitable vegetative buffer that already
exists in such area. The evergreens shall be
installed between 5 feet and 12 feet on center,
based on the species selected by the developer for
such installation. (P)
Ayes: Miller, Humphrey, King/ Sowder and Warren.
Nays: None.
07-420
04/25/07
07SN0247
In Bermuda Magisterial District/ RAY BLACKMORE requests
rezoning and amendment of zoning district map from
Residential (R-7) to Corporate Office (0-2). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office/residential mixed use
uses. This request lies on 0.7 acre and is known as 3256
West Hundred Road. Tax ID 794-655-3890.
Mr. Turner presented a summary of CaSE::: 07SN0247 and stated
the Planning Commission and staff recommended approval and
acceptance of one proffered condition.
Mr. Ray Blackmore stated the recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by IYLr. Warren, the Board
approved Case 07SN0247 and accepted the following proffered
condition:
Prior to any site plan approval or within l20 days of
approval of this request, whichever occurs first, forty-five
(45) feet of right-of-way on the north side of Route 10/
measured from the centerline of that part of Route 10
immediately adj acent to the property I shall be dedicated/
free and unrestricted, to and for the benefit of Chesterfield
County. (T)
~-
Ayes: Miller/ Humphrey/ King/ Sowder and Warren.
Nays: None.
07SN02S2
In Bermuda Magisterial District/ WILLI~~ K. THIBAULT requests
rezoning and amendment of zoning district map from
Agricultural (A) , Community Business (C-3) and General
Industrial (1-2) to Light Industrial (I-I) plus proffered
conditions on an adjacent parcel zoned Community Business (C-
3) . The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for light
industrial use. This request lies on 8.9 acres fronting
approximately 630 feet on the east line of Jefferson Davis
Highway approximately 4,300 feet north of Ruffin Mill Road.
Tax IDs 801-644-1869 and 2341.
Mr. Turner presented a summary of Case 07SN0252 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. William Thibault stated the recommendation is acceptable.
Mr. Miller called for public comment.
NO one came forward to speak to the request.
07-42l
04/25/07
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 07SN0252 and accepted the following proffered
conditions:
1. Uses. For that portion of the property zoned Community
Business (C-3) the following uses shall not be
permitted:
a. Taxidermies
b. Park & Ride Lots
c. Indoor Flea Markets
d. Greenhouses or Nurseries
e. Fraternal Uses (P)
2. Dedication. Prior to any site plan approval or within
sixty (60) days from a written request by the
Transportation Department, whichever occurs first, sixty
(60) feet of right-of-way along the east side of
Jefferson Davis Highway (Route l/30l), measured from the
centerline of that part of Route 1/301 immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
3. Access. Direct vehicular access from the property to
Route 1/301 shall be limited to one (1) entrance/exit.
The exact location of this access shall be approved by
the Transportation Department. (T)
4. Road Improvements. The developer shall be responsible
for the following improvements:
A. Construction of additional pavement along Route
1/30l at the approved access to provide left and
right turn lanes, if warranted based on
Transportation Department standards.
B. Dedication to Chesterfield County/free and
unrestricted/ of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
5. Phasing Plan. Prior to any site plan approval/ a
phasing plan for the required road improvements, as
identified in Proffered Condition 4, shall be submitted
to and approved by the Transportation Department. (T)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0260
In Matoaca Magisterial District, RIVERSTONE PROPERTIES/ LLC
requests amendment to Conditional Use Planned Development
(Case 88SN0059) and amendment of zoning district map to
permit Corporate Office (0-2) uses. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
07-422
04/25/07
property is appropriate for office/residential mixed use
uses. This request lies in a Residential (R-7) District on
5.1 acres lying approximately 860 feet off the west line of
Charter Colony Parkway approximately 900 feet south of
Rolling Springs Drive. Tax ID 726-697-Part of 4349.
Mr. Turner presented a summary
the Planning Commission and
subj ect to one condition and
condition.
of CaSE~ 07SN0260 and stated
staff recommended approval
acceptance of one proffered
Mr. Andrew Gibb, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
approved Case 07SN0260/ subject to the following condition:
The amended Textual Statement/ Item II,
report, shall be considered the amended
for this property. (P)
as attached to this
plan of development
(Note: All other conditions of Case 88SN0059 remain
applicable. )
And, further / the Board accepted the following proffered
condition:
The Owner, pursuant to Section 15.2-2298 of the Code of
Virginia (1950) (as amended) and the Zoning Ordinance of
Chesterfield County, for itself and its successors or
assigns, proffers that the property under consideration,
known as approximately 5.12 acres of Chesterfield County Tax
Identification Numbers 726-697-4349 (part parcel) / will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the Owner. In the event
this request is denied or approved with conditions not agreed
to by the Owner, the proffers and conditions shall
immediately be null and void and of no further force of
effect:
----...
Timbering. Except for timbering approved by the Virginia
State Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance perrni t has been obtained
from the Environmental Engineering Department and the
approved devices have been installed. (EE)
Ayes: Miller, Humphrey, King/ Sowder and Warren.
Nays: None.
".~...,"
07SN03l5
In Bermuda Magisterial District/ WILLIAM H. AND DORIS
HAMBRIGHT request renewal of temporary manufactured home
permit 00SR0183 to park a manufactured home in a Heavy
Industrial (1-3) District. The density of such amendment is
approximately 5 units per acre. The Compn:~hensive Plan
07-423
04/25/07
suggests the property is appropriate for general industrial
use. This property is known as 832l Haven Avenue. Tax ID
796-676-2102.
Mr. Turner presented a summary of Case 07SN0315 and stated
staff recommends approval, subject to four conditions.
Mr. William
acceptable.
Hambright
stated
the
recommendation
is
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King/ seconded by Mrs. Humphrey, the Board
approved Case 07SN03l5, subject to the following conditions:
1. Doris Hambright shall be the owner and occupant of the
manufactured home. (P)
2. This temporary manufactured home permit shall be granted
for a period not to exceed seven (7) years from date of
approval. (P)
3. No additional permanent type living space may be added
onto this temporary manufactured home. (P)
4. This temporary manufactured home must be skirted and
shall not be placed on a permanent foundation. (P)
Ayes: Miller, Humphrey, King/ Sowder and Warren.
Nays: None.
07SN03l6
In Bermuda Magisterial District, BRANDON SCOTT BENTON AND
THOMAS L. GORDON request a temporary manufactured home permit
to park a manufactured home in a Residential (R-7) District.
The density of such amendment is approximately 2.5 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.5-4 units per acre.
This property is known as 2700 Drewrys Bluff Road. Tax rD
789-680-7058.
Mr. Turner presented a summary of Case 07SN03l6 and stated
staff recommended approval, subject to four conditions.
Mr. Tom Gordon, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 07SN0316, subject to the following conditions:
l. The temporary manufactured home shall be occupied by
Brandon Scott Benton and his immediate family only. (p)
07-424
04/25/07
2. This temporary manufactured home permit shall be granted
for a period not to exceed seven (7) years from date of
approval. (P)
3. No additional permanent-type livin9 space may be added
onto this temporary manufactured home. (P)
4. This temporary manufactured home :shall be skirted and
shall not be placed on a permanent foundation. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
06SN0337
In Bermuda Magisterial District, NEAL O. AND ROSEMARY HAGER
request Conditional Use and amendment of zoning district map
to permit a bed and breakfast and special events business
incidental to a dwelling unit. The denBity of s:uch amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan sug98sts the property is
appropriate for residential use of 2.51 to 4.0 units per
acre. This request lies in an Agricultural (A) District on
9.l acres fronting approximately 160 feet on the north line
of Happy Hill Road across from Tarris La.ne. Tax IDs 794-644-
2068 and 4162.
Mr. King declared a conflict under the Virginia Conflict of
Interest Act and excused himself from the meeting, as the
outcome of this zoning case could potentially and directly
impact a financial interest that he has in his personal
business.
Ms. Beverly Rogers presented a summary of Case 06SN0337 and
stated since the Planning Commission/ s consideration of the
request, the proffered conditions have been amended to
further limit the days and hours of operation; preclude
outdoor music and sound systems except for wedding
processions; further restrict the number of persons in
attendance at any event; limit the number of guests for the
bed and breakfast j and address the sale of alcohol in a
manner that is acceptable to the County Attorney. She
further stated the Planning Commission and staf:f recommended
denial because the proposed commercial use of the property
fails to comply with the Southern and v~estern ]\~rea Plan, and
many of the proffered conditions will be difficult, if not
impossible, for staff to monitor and enforce.
In response to Mr. Miller's question, Ms. Rogers stated the
original Proffered Condition 12 has been withdrawn/ and
Proffered Condition 13 addresses the sale of alcohol, with
language acceptable to the County Attorney's office.
Ms. Carrie Coyner, representing the applicant, provided
photos of the subject property. She stated the property is
10 acres in size, with 782 feet from the front of the home to
Happy Hill Road; 308 feet from the rear of the home to the
tree line which faces the Villages of Longmeadowj and another
359 feet from the tree line to Longmeadow. She stated there
are more than four acres of woods bet.ween the applicants'
home and the closest Longmeadow property line. She also
provided details of changes that have been made to the
-./
07-425
04/25/07
proffered conditions in an attempt to make the use as
compatible as possible with neighboring property owners. She
requested the Board's approva.l/ indicating that noise
concerns have been adequately addressed; adequate limitations
have been placed on the use so that there will be no impact
on the neighboring community; the use provides an amenity for
the community; and the immediate neighbors support the
request.
Mr. Miller called for public comment.
Mr. Mel Kilniver, homeowners' representative on the Board of
Directors for Longmeadow Homeowners Association/ stated the
request should be denied because granting the request would
set a precedent for similar proposals to allow commercial
businesses in residential areas and would also negatively
impact the property values of area residents.
Mr. Brian Schakel, a resident of the Villages of Longmeadow,
stated he does not support the request because the business
has been operating without a conditional use permit since
late 2005. He further stated when the applicants were asked
to remove the large sign because of a zoning violation, they
replaced it with a smaller sign. He stated the applicants
were found guilty of criminal unreasonably loud noise in the
General District Court in October 2006 and continue to tell
the Police Department that they are holding large, family
events, but have at least 13 ABC licenses for these events.
He expressed concerns that events are planned at the facility
through October 2007. He requested that the Board deny the
request and force the business to immediately cease its
operations.
Mr. Mitch Vassar/
relative to noise,
road conditions on
a Longmeadow resident,
resale of homes in the
Happy Hill Road.
expressed concerns
area, and dangerous
Mr. Bernard Thorne, a resident of the Villages of Longmeadow,
requested that the Board deny the rezoning request.
Mr. Alan Swann, adjoining resident on Happy Hill Road, stated
he supports the request and has no problem with noise
associated with the business.
Ms. Audra Branzelle, who owns the property on Happy Hill Road
closest to the subject property and is currently building a
home there, stated her property has been in the family for
several generations and was given to her by her father under
the condition that she never sell it, indicating that she
intends to be a lifelong resident of the property. She
further stated she supports the Hagers' zoning request and
could not ask for better neighbors.
Mr. Frank Sheffield, accompanied by his wife Janet, who live
on Happy Hill Road to the east of the Hager property/ stated
he supports the request and does not hear any noise coming
from gatherings on the property.
Ms. Janet Sheffield, a resident of l40ll Happy Hill Road,
provided details of an unfounded complaint to the Police
Department of noise coming from the Hager property in October
2006 and suggested that Board members review the findings of
07-426
04/25/07
that complaint. She stated she fully supports the proposal
and believes the business will be an aSSE::t to the community.
Ms. Rosemary Ellis/ a resident of 14121 Happy Hill Road,
stated she supports the request and never hears any noise
coming from the business at her house. She noted that the
Hagers do not sell alcohol at events, but allow people to
bring it to the facility.
Mr. Hartman/ a resident of the community, stated he does not
support the request, indicating that he has driven through -
the area and heard the noise.
Mr. Freddie Katabulta, a resident of Longmeadow, stated he
does not support the request because the zoning is not
appropriate for commercial development. He expressed
concerns relative to decreased property values and additional
businesses on Happy Hill Road if the Board approves the
request. He requested that the Board deny the request and
keep the area residential.
Dr. Tasau/ President of the Longmeadow Homeowners Association
Senate and a member of the Board of Directors for Longmeadow,
strongly requested that the application be denied for the
good of the community. He stated Longmeadow residents moved
to the suburban area to get away from the noise of the inner
ci ties. He expressed concerns that a me:mber of the Board has
a financial interest in this business and stated it would not
be wise for the Board to approve the request.
Mr. Brent Sheffield, accompanied by his wife Beverly, who
live next door to the subj ect property/stated t:he applicants
have done everything possible to address the neighbors'
issues, indicating that he supports the proposal.
...f#fI
Mrs. Beverly Sheffield stated she does not understand the
Longmeadow residents' concerns regarding property values/
indicating that her property value on Happy Hill Road has
done nothing but increase. She further stated she has seven
grandchildren, and if she thought there would be any problems
with the proposal, she would not support the request.
Ms. Ann Bane, a resident of Oxley Subdivision within the
Villages of Longmeadow, expressed concerns relat:i ve to noise /
use of alcohol/ and additional traffic on Happy Hill Road.
She stated there is a dangerous blind curve right next to the
residence, and she has seen many accidents on Happy Hill Road
as a member of Bensley-Bermuda Rescue Squad. She requested
that the Board consider the Planning Commission's
recommendation and deny the request.
Ms. Andrea Epps stated the proffered conditions limit the
decibel level, the number of events and the number of guests.
She further stated the proposal will preserve the
agricultural value of the property and is superior to other
uses. She stated the property could be subdivided for 33
houses, which would provide much more traf:Eic than the
proposed use. She further stated, in her opinion/ this is a
good use, indicating that more bed and breakfast facilities
are needed in the county.
----
Mr. David Peatt,
concerns relative
a resident of Nottington Court,
to excessive noise coming from
expressed
events on
07-427
04/25/07
the property.
request.
He stated he hopes the Board will deny the
Ms. Flora Jones/ Senate representative for Somersby
Subdivision in the Villages of Longmeadow/ expressed concerns
that this is not an appropriate location for this type of
business. She stated the Hagers have been found guilty of
noise violations. She further stated the residents have
worked with the applicants and their attorney and have agreed
on conditions that would be feasible if the request were to
be approved, but they never agreed to approve the business at
this location. She stated she lives in the far end of
Somersby, and the noise is very audible. She requested that
the Board deny the request.
There being no one else to speak to the request, the public
hearing was closed.
Ms. Coyner stated the Hagers started their business after
acquiring a business license from the county and were unaware
that a conditional use permit was needed. She further stated
the business had been in operation for over a year when the
Hagers found out through word of mouth that they needed a
conditional use permit and have taken the necessary steps to
make their business a legal use. She stated the Hagers felt
they did not have a choice but to continue holding events
that were scheduled well in advance because of the
commitments they had made. She further stated, after the
Planning Commission/s hearing of the case, the Hagers made a
decision to no longer have music outside to address
neighbors' concerns. She stated the Hagers have worked very
hard at opening up their home to young couples who want to
get married and have a wedding in Chester. She further
stated they are providing a wonderful service to the
communi ty and requested the Board's approval of the
conditional use permit.
Mr. Miller expressed concerns that the business has not been
operating legally and stated he is not inclined to approve
the conditional use permit for one year, as requested. He
further stated both the Planning Commission and staff are
recommending denial and the Southern and Western Area Plan
does not support the proposal.
Ms. Coyner provided dates for events that were planned prior
to the Hagers filing an application for a conditional use
permit - May 19 and 26; June 2 and 9; July 7; September 1, 22
and 29; and October 20 and 27, 2007.
Mr. Miller stated he is inclined to deny the case in its
entirety; but as a father of two daughters, he understands
the anguish involved in making wedding plans.
Mr. Miller then made a motion for the Board to approve Case
06SN0337 and acceptance of Proffered Conditions 1, 2b / 3
through 13 with Proffered Condition 12 having previously been
withdrawn; and in lieu of Proffered Condition 2a and 14/
imposition of two conditions 1) designating the dates
provided by Ms. Coyner as the only dates the special events
business shall be conducted, and limiting the number and
hours of the special events; and 2) providing that the
conditional use shall expire on October 28, 2007.
07-428
04/25/07
Mr. Miller also noted that he does not intend to support
renewal of the conditional use after it expires.
Mrs. Humphrey seconded Mr. Miller's motion reluctantly,
indicating that she thinks the Longmeadow residents have a
misconception about the conditional use request. She stated
the property surrounding Longmeadow is currently zoned
agricultural, and this conditional use request would have
been an excellent opportunity for a buffer to separate their
property and the subject property.
~'
Mr. Sowder stated he will support the motion with
considerable reluctance because this is a huge piece of
property, and he has never seen an applicant work harder to
try to satisfy the needs of the community. He further stated
denying the request could open Longmeadow properties up to
more adverse impacts if the subj ect property were sold for
development.
Mr. Miller stated he shares some of the same concerns about
the future of the subject property.
Mr. Warren stated although a bed and b:reakfast use might be
appropriate for this property/ he will support the motion on
the recommendation of the Planning Commission and staff.
Mr. Miller then called for a vote on his motion,
Mrs. Humphrey, for the Board to approve Ca.se
subject to the following conditions:
seconded by
06SN0337,
1.
Except as stated herein, the Special Ev,ents business
shall only be conducted on the following dates; No more
than one special even shall be conducted on the
following dates; and the hours OJ: such special events
shall be limited to between 1:30 pm and 9:00 pm.
--"
May 19, 2007
May 26, 2007
June 2, 2007
June 9, 2007
July 7, 2007
September 1, 2007
September 22/ 2007
September 29/ 2007
October 20, 2007
October 27, 2007
When the special even is a weddin~f, an event related to
the wedding may be held on the Friday before the wedding
from 6:00pm-9:30pm. (P)
2. This Conditional Use shall expire on October 28, 2007.
(P)
And, further, the Board accepted thE~ following proffered
conditions:
.-
The Owner-Applicant in this zoning case/ pursua.nt to Section
l5.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County/ for itself and its
successors or assigns, proffers that the development of the
properties known as Chesterfield County Tax IDs 794-644-4162-
00000 (6.8 acres) and 794-644-2068-00000 (2.3 acres) from A
07-429
04/25/07
to A with a conditional use permit to operate a bed and
breakfast and special events business incidental to a
dwelling unit will be developed as set forth below; however I
in the event the request is denied or approved with
conditions not agreed to by the Owner-Applicant, these
proffers and conditions shall be immediately null and void
and of no further force or effect.
1. This Conditional Use shall be granted to and for Neal o.
and/or Rosemary Hager I exclusively, and shall not be
transferable or run with the land. (P)
2. The days and hours of operation are set forth as
follows:
The Bed and Breakfast may be open to the public on
Tuesday through Saturday with a check-in time from 2:00
p.m. to 9:00 p.m. and check out time of 1l:00 a.m. (P)
3. Outdoor music and sound equipment shall not be permitted
except for a wedding procession.
4. No vendor deliveries shall be permitted before 9:00 a.m.
or after 7:00 p.m. (P)
5. The bed and breakfast and special events uses shall be
designed and operated so as not to generate noise levels
above 46 dB(a), as measured at the boundaries of Tax Ids
794-644-7898-000001 794-644-8594-00000, 794-645-6510-
00000, and 794-645-7103-00000. (P)
6. No exterior lighting shall be higher than twenty (20)
feet. Any temporary exterior lighting that is used for a
special event shall be directed away from the boundaries
of Tax Ids 794-644-7898-00000, 794-644-8594-00000, 794-
645-6510-00000, and 794-645-7103-00000. No laser lights
shall be used. (P)
7. Other than normal maintenance and cosmetic enhancements,
there shall be no exterior additions or alterations to
existing structures, nor any new construction, to
accommodate this use. This does not restrict the Owners
from periodic use of tentage with flooring, concourse
and marquee for special events. This does not restrict
the Owners from providing necessary accommodations for
the handicapped such as ramps. (p)
8. One (l) sign, a maximum of nine (9) square feet in area
shall be permitted to identify both the Bed and
Breakfast and Special Events Business. (P)
9. Within l20 days of approval of this request I forty-five
(45) feet of right-of-way on the north side of Happy
Hill Roadl measured from the center-line of the roadway
immediately adjacent to the propertYI shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
10. Direct vehicular access from the property to Happy Hill
Road shall be limited to one (l) entrance/exit as
approved by the Transportation Department. (T)
ll. The maximum number of guests shall be as follows:
07-430
04/25/07
a) Special Events: Attendance at special events shall
be restricted to a maximum of 100 individuals at
anyone (1) function.
b) Bed and Breakfast: Occupancy shall be restricted to
a maximum of eight (8) guests. (P)
12. All special events shall be one of two types: (1) a
special event at which alcohol is allowed to be served
or (2) a special event at which alcohol is not allowed -'
to be served. The last hour of any special event at
which alcohol is allowed to be served shall
automatically convert to a special event at which
alcohol is not allowed to be served. (P)
Ayes:
Nays:
Absent:
Miller,
None.
King.
Humphrey, Sowder and Warren.
Mr. Miller requested a five-minute receElS.
Reconvening:
Mr. King returned to the meeting.
02SNOl76
In Midlothian Magisterial District / DONALD K. SPRIGGS
requests rezoning and amendment of zoning district map from
Residential (R-15) to Neighborhood Office (0-1). The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office use. This request lies on
0.4 acre and is known as 2743 Buford Road. Tax ID 755-720-
03l5.
......,..,
Ms. Rogers presented a summary of Case 02SN01'76 and stated
the Planning Commission and staff recommended approval,
subject to one condition, which addresses the Transportation
Department's concerns relative to access to Buford Road.
Mr. Ronald Spriggs provided current photos of the subj ect
property and surrounding area for the Board/s review/
depicting a sidewalk that has recently been constructed. He
noted that the photos provided by staff are not current. He
stated, although he is not requesting direct vehicular access
to Buford Road, he is requesting that access not be
precluded. He further stated the Planning Commission
recommended the imposition of a condition based on inaccurate
information,. indicating that the Transportation Department's
presentation to the Commission was fla'~iled to such an extent
that it should not have been relied on. He referenced
Section 19-662 (1) (b) of the County Cod~, which states/ ~Any
parcel of lot in existence prior to August 12, 1987 that has
frontage along an arterial or collector shall be permitted
only one direct access from the parcel or lot." He stated
the Transportation Department referred to the subj ect
property in the staff analysis as havin:r a single family home
-'
07-431
04/25/07
that was constructed about 60 years ago and ignored the fact
that over many years since the 1960/s, the structure has been
used as a residence and office; an antique store; a real
estate office; a consulting firm; and currently as a mortgage
company office. He further stated the Transportation
Department assumed that a change in use is contemplated from
single-family residence to a business use, but that is not
accurate since the structure has not been a residence since
at least 1990. He stated he is not requesting a change in
use. He went on to provide details of the number of average
daily trips that Transportation staff indicated would be
generated by the business usel and once again noted that no
change in use is contemplated. He provided details of
various traffic counts provided by staff in the past several
years for Buford Road and inquired how the number of trips
per day could have decreased in the past 17 years. He
provided details of the Bon Air Community Plan, adopted in
1986, which supports the conversion to business use of two
residences which lie in the center corel one of which is
located on the subject property, because of their diminished
use as residences. He noted that nothing in the Plan
precluded direct access onto Buford Road. He presented a
petition in support of the request, signed by numerous area
residents and business owners, indicating that the condition
imposed by staff is unwarranted and unnecessary. He
requested that the Board not preclude vehicular access from
the subject property to Buford Road.
Mr. Miller called for public comment.
No one came forward to speak to the request.
In response to Mr. Sowder's question, Mr. Spriggs stated he
has owned the subject property for 13 years and has no plans
to change the current mortgage company office use or to sell
the property at this time.
In response to Mr. Sowderl s questions, Ms. Rogers stated,
although the subject property is not zoned for office use,
the Bon Air Community Plan does suggest that it is
appropriate for office use. She further stated the purpose
of the code section Mr. Spriggs referred to was to address
property as it existed at the time of adoption of the
ordinance and to make sure that property was not subdivided,
resulting in a multitude of access points. She noted that
certain access limitations are often necessary with rezoning
requests.
Mr. Sowder stated, in his opinion, it is significant that the
applicant did not request access to Buford Road.
In response to Mr. Sowder's question, Mr. McCracken stated
staff's recommendation to preclude vehicular access to Buford
Road was not due to traffic volume, but because of turning
movements on and off of Buford Road. He further stated
staff's recommendation is based on what could be developed on
the site, rather than the current use.
Mr. Sowder stated the request has strong support from the Bon
Air residents and business owners. He further stated a
buffer is not necessary because this has already been
addressed through sidewalks and landscaping.
07-432
04/25/07
Discussion ensued relative to access
properties to Buford Road.
from surrounding
Mr. McCracken stated staff attempts to require access points
on minor streets rather than major streets.
Mr. Sowder stated the Bon Air
applicant has provided additional
community support for the proposal.
village is
information;
unique; the
and there is
Mr. Sowder then made a motion for the Board to approve Case
02SN0176/ with no conditions.
Mrs. Humphrey seconded Mr. Sowder's motion, sta.ting that she
understands that the intent of the Plan for the subj ect
property was to prevent a multitude of accesses for
landowners who subdivide their property, and the applicant
has not proposed any changes to the use on the property.
Mr. Miller called for a vote on the motion o:f Mr. Sowder/
seconded by Mrs. Humphrey/for the Board to approve Case
02SN0176.
Ayes: Miller, Humphrey, King/ Sowder and Warren.
Nays: None.
l6. PUBLIC HEARINGS
l6.A. TO CONSIDER PROPOSED ORDINANCE ~~ENDMENTS RELATING
TO DEPARTMENT OF UTILITIES FEE CHANGES
Mr. Carmody stated this date and time has been advertised for -'
a public hearing for the Board to consider amendments
relating to Department of Utilities fee changes.
Mr. Miller called for public comment.
Mr. Tyler Craddock/ representing the Homebuilding Association
of Richmond, stated he does not support fee increases that
make housin9 more expensive for consumers, but recognizes the
significant investments planned for utili ties over the next
few years. He further stated the association is not
obj ecting to the proposed fee increases, but remains
concerned about the cost of housing and encouraged the county
to continue to look at policies and ordinances in an attempt
to make housing more affordable.
There being no one else to speak to the ordinance amendments/
the public hearing was closed.
On motion of Mrs. Humphrey, seconded by Mr. King/ the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 18-22 AND 18-27 RELATING TO
CONNECTION
FEES AND UTILITY CHARGES
-
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
07-433
04/25/07
(1) That Sections 18-22 and 18-27 of the Code of the County
of Chesterfield, 1997/ as amended, are amended and re-enacted
to read as follows:
Sec. 18-22. Connection fees.
(a) The water connection fee shall be the capital cost
recovery charge plus the meter installation charge based on
the size of the water meter that the director installs. The
wastewater connection fee shall be the capital cost recovery
charge for the size of the water meter that serves the
property, or, if the property does not receive water service,
the size of the water meter that would serve the property if
it received water service.
(b) The capital cost recovery charge shall be:
Customer Class
(i) For a dwelling,
single-family,
including
townhouses,
mobile homes that
are not located
in a mobile home
park, and
individually
metered multi-
family dwelling
units.
(ii) For a dwelling,
two-family (per
uni t )
(iii) For mobile homes
that are located
in a mobile home
park and for
master metered
multiple-family
dwellings other
than multiple-
family dwellings
used exclusively
as housing for
colleges and/or
universities (per
uni t )
(iv) For all other
customer classes
Meter
Size
(inches)
Number
of ERU's
per Uni t
Capital Cost Recovery
Charge
Water
Wastewater
5/8
$3,970.00
$2,370.00
1. 00
5/8
1. 00
3/970.00
2,370.00
0.85
3/375.00
2/0l5.00
5/8 1. 00 3/970.00 2,370.00
1 2.50 9,925.00 5,925.00
1 1/2 5.00 19,850.00 1l,850.00
2 8.00 31,760.00 18/960.00
3 16.00 63,520.00 37,920.00
07-434
04/25/07
4 25.00 99,2~30.00 59,250. 0
6 50.00 198,500.00 118,500. 0
8 80.00 317,600.00 189,600. 0
10 115.00 456/ :;,50.00 272,550. 0
12 l55.00 615,350.00 367,350. 0
The capital cost recovery charge for meters that are larger t r
12 inches shall be determined by the director based on the num r-"
of ERUs per unit.
(v)
The capi tal
served by a
shall be the
(b) (iv) .
cost recovery charge for a dwelling that s
meter that is larger than :Eive-eighths i h
same capital cost recovery cha.rge in subsecti n
(c) The meter and water service line installation
charge shall be:
(1) For installing water service lines:
5/8"
$ 777.00
111
981.00
1 1/2"
1,641.00
211
1,836.00
(2) For installing meters:
5/8"
$
35.00
--"
1"
90.00
1 1/2"
205.00
211
250.00
(3) For installing residential outside use meters
using existing service lines: $375.00.
(4) The meter and water service line installation
charge for meters that are larger than two
inches shall be the actual cost that the
county incurred to install the meter plus 25
percent.
(d) The consumer shall construct, at his expense, the
wastewater lateral to serve the property.
(e) Residential property owners who apply for a utility
connection may pay the connection fee in 36 monthly
installments. Interest at a rate of two percent above the
prime rate that is published in the Wall Street Journal on
the day that the residential consumer executes the
installment contract shall be added to all connection fees
that are paid in installments. The residential consumer shall
also pay an installment contract loan handling fee of three
percent and a lien recording fee that is equal to the lien
recording fee that is charged by the clerk of the circuit
court of Chesterfield County at the time that the residential
consumer applies to connect to the utility system.
07-435
,-
04/25/07
(f) No capital cost recovery charge shall be charged
for a meter that is five-eighths of an inch in size or
smaller which serves any business that is located in an
Enterprise Zone designated by the Commonwealth of Virginia if
the business is connecting to the county utility system for
the first time. This exemption shall continue for the life of
the Enterprise Zone.
(g) When the board of supervisors approves a utility
extension that is funded in whole or in part by the Federal
Community Development Block Grant Program, the board of
supervisors may eliminate connection fees for property on
which an existing residence is located and which is served by
the extension for customers who apply for service within 30
days after the extension is completed.
(h) The capital cost recovery charge shall be the
charge that is in effect on the date that the customer
applies for service except that / when the board of
supervisors approves funding for a utility extension to a
developed area/ the capital cost recovery charge for
customers who apply for service within 30 days after the
extension is completed shall be the capital cost recovery
charge that was in effect when the board approved the
extension.
000
Sec. l8-27. Utility charges.
Effective July l,
for utility service
schedules:
2007/ the consumer shall pay charges
in accordance with the following
(a) Monthly service charges. The monthly service charge
shall be:
(l) Customer cost charge. A customer cost charge
of $1 . 70 for each service account. However,
customers who have only a water account or a
wastewater account shall pay a customer cost
charge of $3.40.
(2) Commodity cost charge.
(i) Water: $1.24 per lOO cubic feet (Ccf).
(ii) Wastewater: $1.3l per lOO cubic feet
(Cc f) .
(3) Capacity cost charge.
Customer Class
Number Monthly Capacity
Meter of Charge
Size ERU's
(inches) per Water Wastewater
Unit
5/8 1. 00 $3.48 $9.20
(i) Dwelling,
single-family,
including
townhouses and
mobile homes
that are not
located in a
07-436
04/25/07
mobile home park
(ii) Dwelling/ two-
family (per
uni t )
5/8
(iii) Mobile homes
that are located
in a mobile home
park and
multiple-family
dwellings other
than multiple-
family dwellings
used exclusively
as hou:;:;ing for
colleges or
universities
(per unit)
(i v) All other
customer classes
5/8 and
3/4
1
1 1/2
2
3
4
6
8
lO
12
1. 00
3.48
9.20
0.85
2.96
7.82
-~'
1. 00
3.48
9.20
2.50
8.70
23.00
5.00
17.40
46.00
8.00
27.84
73.60
16.00
55.68
147.20
25.00
87.00
230.00
50.00
174.00
460.00
--'
80.00
278.40
736.00
115.00
400.20
l,058.00
155.00
539.40
l/426.00
(v) The capacity cost charge for a dwelling that is served
by a meter that is larger than five-eighths inch shall
be the capacity cost charge in subsection (a) (3) (iv) .
(b) Ancillary charges.
Type
(1) Portable water
meter deposit
(2) Bacteriological
test for new
construction
(3) Meter testing
charges
(i) 5/8-inch
(ii) 1-inch
(iii)l 1/2-inch
Charge
$750.00
21.50 per test
-'
30.00
30.00
40.00
07-437
04/25/07
(iv) 2-inch
40.00
(v) Meters that
are larger
than two
inches will
be charged
the actual
cost of the
test.
(4)
Temporary
voluntary meter
disconnection fee
Customer cost
charge plus
capacity costs
charge for each
billing period
of
disconnection,
plus service
reconnection
fee.
(5 )
Strong waste
surcharge
(See section l8-
107. )
( 6)
Septage dumping
charge
$25.00 per l,OOO
gallons
(c) The water volume for residential consumers who are
connected to the wastewater system but not to the water
system shall be 0.296 hundred cubic feet per day. Non-
residential consumers who are connected to the
wastewater system but not to the water system shall
install a private meter approved by the director. The
volume shall be based on the private meter reading.
(d)
A consumer who has paid a
monthly service charge
irrespective of whether
receiving utility service.
connection fee shall pay the
and ancillary charges,
the consumer is actually
(e) Significant industrial users shall pay a surcharge for
the cost of treating excessive strength waste or
pollutants in accordance with article IV.
(f) When a water meter is tested at the consumer's request
and the test establishes that the meter is inaccurate
according to industry standards (AWWA C700a-91, section
3.8/ Registration Accuracy) the consumer shall not be
assessed the meter testing charge.
(2) That this ordinance shall become effective July 1/ 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-438
04/25/07
l6.B. TO CONSIDER AN ORDINANCE REPEALING SECTION 4-24 OF
THE CODE OF THE COUNTY OF CHESTERFIELD REGARDING
DANGgROUS AND VICIOUS DOGS
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance
repealing Section 4-24 of the County~Code relating to
dangerous or vicious dogs. He further stated repealing this
code section would allow the county to rely on the Code of
Virginia, which provides for a Class 6 Felony penalty for
offenses involving dangerous or vicious dogs, which a ...-"
violation oj: the County Code will not permit. He stated the
Police Department has been following state law regarding
dangerous and vicious dogs and taking advantage of the
harsher penalties and will continue this practice by
repealing this code section.
In response to Mr. Miller's question, Mr. Mincks stated, if
the Board were to amend the County Code and bring it into
conformance with the Code of Virginia, a violation of the
provision would limit the penalty to a misdemeanor; but, by
repealing the County Code section dealing with dangerous and
vicious dogs, the Police Department can take advantage of a
higher penalty.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded byMr . Sowder, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED/ BY REPEALING
SECTION 4-24 RELATING TO DANGEROUS AND 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 repealed as t'ollows:
(NOTE: SE!ction 4 -24 regarding control of dangerous or
vicious dogs is repealed in its entirety.)
(2) That this ordinance shall become effectiv"e immediately
upon adoption.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16. C. TO CONSIDER APPROVAL OF A CABLE FRANCHISE: AGREEMENT
WITH VERIZON VIRGINIA, INCORPORATED
-'
Mr. Michael Chernau, Senior Assistant County Attorney, stated
this date and time has been advertised for a public hearing
for the Board to consider approval of a cable franchise
agreement with Verizon Virginia, Incorporated. He further
stated staff has negotiated a 15-year franchise agreement
with Verizon that is similar to existing agreements with
Comcast and Cavalier. He provided details of fees that
Verizon has agreed to pay to the county. He then introduced
07-439
04/25/07
Mr. Randy Dillard/ Area Manager for Verizon.
Mr. Dillard provided details of the digital network service
that verizon will provide, as well as the initial and
additional service areas.
Mr. Sowder expressed concerns relative to residents/ property
being damaged to provide this service and requested that
Verizon be very diligent in responding quickly to complaints
regarding this issue.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
Mrs. Humphrey stated she will support the proposal.
On motion of Mr. Sowder/ seconded by Mrs. Humphrey, the Board
approved a 15-year franchise agreement with Verizon Virginia,
Incorporated.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
l6.D. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE SOUTHWEST CORRIDOR WATERLINE PROJECT
- PART A
Mr. Sasek stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of water and temporary
construction easements for the Southwest Corridor Waterline
Project - Part A.
Mr. Miller called for public comment.
Mr. Scott Friedel, representing Robert and Suzanne Friedel,
stated he has requested that the Utilities Department incur
the expense of moving a manhole structure covering the
butterfly valve to be located on his parents' property/ as
this is a possible future entrance should the property be
developed.
There being no one else to speak to the issue, the public
hearing was closed.
Mrs. Humphrey stated she has directed that staff continue
discussing with Mr. Friedel not adversely impacting the
unique geography of the Friedel property. She further stated
Mr. Covington has assured her that, when staff gets to that
part of the utility proj ect, all of the si tings, levelings
and cosmetic details will be addressed.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of water and temporary construction
easements for the Southwest Corridor Waterline Project - Part
A, and authorized staff to enter and take such easements
prior to eminent domain proceedings across the following
properties: Estelle Bolling, 9109 River Road, PIN:
7646ll587000000; Charles I. and Nancy A. Thacker, 9501 River
Road, PIN: 759612912200000; Delmar Jackson Shumate, Jr./
07-440
04/25/07
10100 Graves Road/ PIN: 7556l9414800000; and Robert and
Suzanne Friedel, l540l Nash Road, PIN: 755627357600000.
Ayes: Miller/ Humphrey/ King, Sowder and Warren.
Nays: None.
l6.E. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF SOUTHSIDE ELECTRIC COOPERATIVE,
INCORPORATED EASEMENTS FOR POLE AND GUY WIRE
RELOCATION REQUIRED FOR THE SOUTHWEST CORRIDOR
WATERLINE PROJECT - PART B
.---,,~.
Mr. Sasek s1:ated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of Southside Electric
Cooperati ve j' Incorporated easements for pole and guy wire
relocation required for the Southwest Corridor Waterline
Project - Part B.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of Southside Electric Cooperative/
Incorporated easements for pole and guy wire relocation
required for the Southwest Corridor Waterline Project - Part
B, and authorized staff to enter and take such easements
prior to eminent domain proceedings across "the following
properties: Wayne B. and Sara J. Campbell, 12840 River Road,
735640669300000; and A.M.E. Church of the Zion/ ll986 River
Road, PIN: 744633288400000.
'"-""'"
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
l6.F. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE SOUTHWEST CORRIDOR WATERLINE PROJECT
- PART B
Mr. Sasek st:ated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of water and temporary
construction easements for the Southwest Corridor Waterline
Project - Part B.
Mr. Miller called for public comment.
Mr. Randy Powers, a resident of 12901 River Road/ stated this
project impacts his property. He expressed concerns relative
to design issues and the proposed pathway of t.he waterline,
indicating that up to 70 feet of his property i.s being taken
and he only has '".a 50-foot tree line buffer between his
property and River Road. He requested that the eminent
domain proceedings be deferred for 60 days to address design
issues with the'proposed waterline, indicating that it would
save the county money in the long run.
-
There being no one else to speak to the issue / the public
hearing was closed.
07-44l
04/25/07
Mrs. Humphrey stated she realizes the challenges with this
proj ect and never expected it to be easy I but it is very
important that the contract remain on schedule. She
requested that Mr. Covington and Mr. Sasek continue
discussions with Mr. Powers regarding the impact of the
proposed water line on his property.
Mr. Miller informed Mr. Powers that he has the right to have
a court determine the value of his property if a successful
negotiation with the county cannot be reached.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of water and temporary construction
easements for the Southwest Corridor Waterline Project - Part
BI and authorized staff to enter and take such easements
prior to eminent domain proceedings across the following
properties: Wayne B. and Sara J. Campbell, 12830 River Road,
PIN: 7376418038000001 12840 River Roadl PIN: 735640669300000;
and Johnnie L. and Deborah W. Powers I 12901 River Road, PIN:
734640887700000.
Ayes: Miller, Humphrey I Kingl Sowder and Warren.
Nays: None.
17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. C. L. Morrissette, Jr. expressed concerns relative to
erosion and sediment control requirements that keep him from
using a large portion of his property located along Third
Branch Creek, although runoff from nearby subdivisions is
permitted to enter the same creek. He suggested that
additional staff is needed for the Environmental Engineering
Department to assist them in dealing with issues such as
this.
l8 . ADJOURNMENT
On motion of Mr. Millerl seconded by Mrs. Humphrey I the
Board adjourned at 9:36 p.m. until May 23, 2007 at 3:00 p.m.
Ayes: Miller, Humphrey, Kingl Sowder and Warren.
Nays: None.
. \
;( -'
\', " /." ,'/'. .:j.c-.<'
.....(.....,\.
"~"
->L-.
v
07-442
04/25/07