11/28/2007 Minutes
BOARD OF SUPERVISORS
MINUTES
November 28, 2007
Supervisors in Attendance:
Mr. Kelly E. Miller, Chairman
Mrs. Renny B. Humphrey, Vice Chrm.
Mr. R. M. uDickie" King, Jr.
Mr. Donald D. Sowder
Mr. Arthur S. Warren
Mr. James J. L. Stegmaier
County Administrator
-
07-1074
Staff in Attendance:
Ms. Janice Blakley,
Clerk to the Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III
Registrar
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Dir.,
Internal Audit
Ms. Mary Lou Lyle, Dir.,
Accounting
Chief Paul Mauger,
Fire Department
Mr. R. John McCracken,
Dir., Transportation
Mr. Steven L. Micas,
County Attorney
Mr. Francis Pitaro, Acting
Deputy County Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Miller called the regularly scheduled meeting to order at
3:04 p.m.
1. APPROVAL OF MINUTES FOR NOVEMBER 14, ~~
Mr. King commented on the inaccuracy of the minutes
reflecting his statements on staff' ~3 handling of
Cloverleaf Mall Project. He also inquired about
consequences, or whether a policy was in place to protect
Board, when major decisions are made on behalf of
citizens from incomplete information provided by staff.
in
the
the
the
the
-'
In response to Mr. King's question, Mr. Stegmaier stated it
is staff's policy to provide the Board with most complete and
accurate information for the Board to make decisions.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the minutes of November 14, 2007, as amended.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
2. COUNTY ADMINISTRATOR'S COMMENTS
o INTRODUCTION.OF DEPUTY CLERK
Mr. Stegmaier introduced Ms. DeAnna Atkins, new Deputy Clerk
to the Board.
Board members welcomed Ms. Atkins to her new position.
-'
o PRESENTATION OF FY2007 COMPREHENSIVE .ANNUAL
FINANCIAL REPORT
Mr. Stegmaier introduced Ms. Cathy Supernaw,
partner from KPMG, LLP.
engagement
Ms. Supernaw presented the county's FY2007 Comprehensive
Annual Financial Report to the Board. She stated they have
issued a clean audit opinion on Chesterfield County's CAFR,
meaning the CAFR is materially correct. She further stated
the county has continued to receive the award for Certificate
of Excellence in the presentation of it's CAFR and will
likely receive it next year.
Mr. Stegmaier thanked Ms. Supernaw for her efforts in the
audi ting process. He also commended staff involved in the
audi t process for outstanding performance that has helped
make Chesterfield County an outstanding example of financial
management in local government.
Mr. Miller commended county staff on their commitment to
excellence.
--",,'
Mr. Sowder inquired whether a management letter was submitted
with the audit and if so, requested tha.t Mr. Stegmaier share
the results with the Board.
In response to Mr. Sowder's question, Mr. Stegmaier stated
the external auditors reviewed the audit. wi th the Budget and
Audit Committee earlier this afternoon and the Board members
07-1075
will receive copies. He further stated there
issues surrounding some grants which have
concerning quality of documentation on some
but the review was positive.
were some minor
been addressed
grant programs,
o AMENDMENT TO 2007 HOLIDAY SCHEDULE
Mr. Stegmaier presented information concerning the county
holiday schedule for employees.
Mr. Warren stated that as a tribute to the hard work the
employees have done this year, the Board should grant
December 31, 2007, as a holiday.
Mr. Miller inquired whether this would be a standing change.
Mr. Warren clarified the amendment would only be for 2007.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved an amendment to the 2007 Holiday Schedule to add
Monday, December 31, 2007 as a holiday for county employees.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
3 . BOARD MEMBER REPORTS
Mrs. Humphrey announced she did not intend to vote in favor
of the waiver of the Board Rules and Procedures for 2007
which would allow the Board to hear zoning cases at the
evening session.
Mrs. Humphrey commended Ms. Mary Lou Lyle, Director of
Accounting, for her office's outstanding contributions made
to Chesterfield County. Also, she thanked Mr. Louis
Lassiter, Director of Internal Audit, for his hard work and
dedication to the county.
Mr. King applauded Virginia's Gateway
bringing Rolls Royce to Prince George
create 500 new jobs in the region.
Region
County,
Board for
which will
Mr. Warren requested the County Am1inistrator and Chairman of
the Board to prepare a letter congratulating Prince George
County for the success of this tremendous accomplishment.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
OR CHANGES IN THE ORDER OF PRESENTATION
-
On motion of Mrs. Humphrey, secondE~d by Mr. Sowder, the Board
replaced Item 8. C. 6. g., Request for permission from Earl M.
Yamada and Charlotte C. Yamada for a Proposed Fence to
Encroach Within a Thirty-Foot DraiIlage and Sewer Easement and
a Sixteen-Foot Easement Across Lot 58, Stewart village,
Section A at Charter Colony; added Item 8.C.10.a., Transfer
of District Improvement Funds from the Dale District
Improvement Fund to the Chesterfield County Police Department
to Purchase a License Plate Scanner; added Item 8.C.10.b.,
Transfer of District Improvement Funds from the Bermuda
District Improvement Fund to t.he Parks and Recreation
Department to make improvements to the softball field at
Thomas Dale High School; added Item 8.C.10.c., Transfer of
District Improvement Funds from the Dale, Matoaca, Clover
Hill, Midlothian and Bermuda District Improvement Funds to
the Chesterfield County Police Department to support The
Triad Program; added Item 8. C .10. d., Transfer of Matoaca
District Improvement Funds to the Parks and Recreation
Department to purchase and install bleachers at the Matoaca
Park Football Field and replaced Item 9. B., Report of the
Status of General Fund Balance, Reserve for Future Capital
Projects, District Improvement Fund, and Lease Purchases; and
adopted the Agenda, as amende d._
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
5. RESOLUTION
o RECOGNIZING CAREER OFFICER MILTON LEE PULLEY, POLICE
DEPARTMENT, UPON HIS RETIREMENT
Colonel Dupuis introduced Career Officer Mil ton Lee Pulley,
who was present, along with his family, to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Career Officer Mil ton Lee Pulley retired from
the Chesterfield County Police Department on November 1, 2007
after providing over 29 years of quali ty service to the
citizens of Chesterfield County; and
WHEREAS, Career Officer Pulley has faithfully served the .~.
county in the capacity of patrol officer, senior officer,
master officer and career officer; and
WHEREAS, during his tenure, Career Officer Pulley served
as a field training officer, SWAT (Special Weapons and
Tactics) member, marine patrol officer, and as a pilot with
the Metro Aviation Unit; and
WHEREAS, Career Officer Pulley distinguished himself by
demonstrating teamwork, professionalism and commitment to
duty; and
WHEREAS, Career Officer Pulley was honored with the
Police Purple Heart for his outstanding performance of his
duty during an armed conflict in Chesterfield County on
September 1, 1984, while serving as a member of the
Chesterfield SWAT team; and
WHEREAS,
appreciation
agencies for
his service
apprehension
Career Officer Pulley received letters of
from high-ranking officials from other police
his exceptional performance and teamwork during
in the Metro Aviation Unit, resulting in the
of criminals and clearance of cases; and
~
WHEREAS, Career Officer Pulley was commended by his
superiors wi thin the Chesterfield County Police Department
for his outstanding performance of duty; and
WHEREAS, Career Officer Pulley
Chesterfield County Police Department
faithful and dedicated service; and
has
with
provided
many years
the
of
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Career Officer Pulley's diligent
service.
.-
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of November 2007,
publicly recognizes Career Officer Milton Lee Pulley and
extends, on behalf of its membE~rs and the citizens of
Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Career Officer Pulley, and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes:
Nays:
Miller, Humphrey, King, SowdE~r and Warren.
None.
Mr. King presented the executed resolution, acrylic statue
and watch to Officer Pulley, accompanied by members of his
family, expressed appreciation for his dedicated service and
congratulated him on his retirement.
Officer Pulley expressed gratitude for the opportunity
afforded to him to work with Cheste]~field County.
6. WORK SESSIONS
There were no work sessions at this time.
7 . DEFERRED ITEMS
o INITIATION OF A REZONING APPLICATION FOR
TAX I.D. 709-668-0844
Mr. Turner provided details of Mr. Ernest Belvin's request
regarding initiation of this rezoning application. He stated
Mr. Belvin believes there were restrictions on his property
that he did not agree to or request in his application. In
researching this initial zoning case, Mr. Turner was unable
to find an error in the actions of the county that would
reflect Mr. Belvin's desires to change the zoning to C-5.
-
Mr. Ernest Belvin stated he originally requested C-5 zoning.
He further stated, at the time of the original zoning case,
Mrs. Humphrey made the motion to accept the request. He
stated he was under the impression that C-5 zoning was
granted on the property and discovered the problem when a
buyer for the property was informed of the C-3 zoning through
the Planning Department. He also stated that he did not
understand how the other factors came into this case.
Mr. Miller asked for clarification that the application was
filed incorrectly.
Mr. Turner stated the original rezoning application requested
rezoning from A to C-3 with Conditional Use Planned
Development to allow C-5 uses and reflects Mr. Belvin's
initials.
Mrs. Humphrey clarified that the discrepancy between the
language in the application and in the dialogue the evening
of the approval reflects something slightly different.
Mrs. Humphrey stated Mr. Belvin had an argument, but it has
not been fully reviewed by herself and staff. -/
Mr. Belvin explained the reason the application was changed
was to zone the property C-3 adjacent to the church property
and the balance of the property would be C-5.
Mr. Sowder commented that Mr. Belvin had a legitimate point
that he has been under the impression that his property is
zoned C-5 and entered into negotiations with a purchaser, and
the Board needs to accommodate further review of the issue.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
denied the request for the Board to initiate an application
to rezone Tax I.D. 709-668-0844 from Community Business (C-3)
to General Business (C-5).
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8 . NEW BUSINESS
8.A. FY2007 RESULTS OF OPERATIONS REPORT
-"
Mr. Carmody presented a summary of FY2007 Results of
Operations. He reviewed excess revenue and expenditure
savings that resulted in positive results. He then reviewed
staff's recommendations for both county and school use of the
surplus funds in FY2008 and FY2009.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved $13.5 million in designations and appropriated up to
$716,000 from year-end FY2007 Results of Operations, as
outlined in the papers of this Board.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.B.
STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. King, seconded by Mrs. Humphrey,
approved the following streetlight installation:
the Board
Bermuda District:
~"
· In the Crescent Park subdivision, on Oak Lawn Street, in
the vicinity of 9008
Cost to install streetlight: $473.58
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C. CONSENT ITEMS
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
removed the following items from the consent agenda for
public COITUnent: Items 8.C.10.a", Transfer of District
Improvement Funds from the Dale District Improvement Fund to
the Chesterfield County Police Department to Purchase a
License Plate Scanner; 8.C.10.b., Transfer of District
Improvement Funds from the Bermuda District Improvement Fund
to the Parks and Recreation Department to Make Improvements
to the Softball Field at Thomas Dale High School; 8.C.10.c.,
Transfer of District Improvement Funds from the Dale,
Matoaca, Clover Hill, Midlothian and Bermuda Districts
Improvement Funds to the Chesterfield County Police
Department to Support the TRIAD Program; and 8.C.10.d.,
Transfer of District Improvement Funds from Matoaca District
Improvement Fund to the Parks and Recreation Department to
Purchase and Install bleachers at the Matoaca Park Football
Field.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.l.
STATE ROAD ACCEPTANCE
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the streets
recorded in the Clerk's
Chesterfield County; and
described below are shown on plats
Office of the Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways I
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the :Resident Engineer for the
Virginia Department of Transportation.
Project:
The Timbers at Summerford
Type Change to the Secondary System of State
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia 533.1-229
Street Name and/or Route
. Collington Drive, State Route NUmber 5989
From: Springford Py., (Rt. 5250)
To: Blossom Pl., (Rt. 7246), a distance of: 0.06 miles.
Recordation Reference: Pb. 146, Pg. 78
Right of Way width (feet) = 60
Blossom Place, State Route NUmber 7246
From: Collington Dr., (Rt. 5989)
To: Blossom Lp., (Rt. 7247), a distance of: 0.04 miles.
Recordation Reference: Pb. 146, Pg. 78
Right of Way width (feet) = 40
-
. Blossom Place, State Route NUmber 7246
From: Blossom Lp., (Rt. 7247)
To: Blossom Lp., (Rt. 7247), a distance of: 0.04 miles.
Recordation Reference: Pb. 146, Pg. 78
Right of Way width (feet) = 40
. Blossom Place, State Route NUmber 7246
From: Blossom Lp., (Rt. 7247)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 146, Pg. 78
Right of Way width (feet) = 40
. Blossom Loop, State Route NUmber 7247
From: Blossom Pl., (Rt 7246)
To: Blossom Pl., (Rt 7246), a distance of: 0.08 miles.
Recordation Reference: Pb. 146, Pg. 78
Right of Way width (feet) = 40
. Collington Drive, State Route NUmber 5989
-'
From: Blossom Pl., (Rt 7246)
To: Temp EOM, a distance of: 0.01 miles.
Recordation Reference: Pb. 146, Pg. 78
Right of Way width (feet) = 60
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.2. AMENDMENT TO BOARD MINUTES OF APRIL 26,2006 RELATING
TO ZONING CASE 06SN0161
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
amended the minutes to correct the proffered conditions
adopted by the Board to reflect the entirety of Proffered
Condition 8, as follows:
8 .
At a minimum the
be recorded in
subdivision plat:
following restrictive covenants shall
conjunction with recordation of any
Restrictions, applicable to Dorset Downs
~i'
Whereas, Dorset Downs (Barthurst Homes, Inc.), is the owner
of certain lands located within a community known as Dorset
Downs in Chesterfield County, Virginia.
Whereas, the developer wishes to declare certain restrictive
covenants affecting certain lands in Dorset Downs.
The Developer does hereby decla.re that the covenants
contained herein shall be covenants running with the land and
shall apply to the lands described as Dorset Downs. The
Developer reserves in each instant the right to add
additional restrictive covenants in respect to lands to be
conveyed in the future wi thin the properties, or to limit
therein the application of this Declaration.
Dorset Downs when used herein shall refer to the lands in
-- Chesterfield County, Virginia, which are shown as a part of
Dorset Downs on the Developer's Master Plan as revised from
time to time.
Whenever used herein, the term "Developer" or "the Developer"
shall refer to Dorset Downs and any agent or agents appointed
by Dorset Downs its successors and assigns, to act on its
behalf for the purpose of administering or enforcing, in
whole or in part, the rights reserved unto the developer in
this Declaration.
The terms "Property" and "Properties:" when used herein shall
refer to any tract of land or subdivision thereof in Dorset
Downs, which has been subj ected to the provisions of this
Declaration, or any supplemental Declaration.
--
The term "Master Plan" when used in this Declaration shall
mean and refer to the drawing, which represents the
conceptual concept of the future development Dorset Downs.
Since the concept of the future development of Dorset Downs
is subject to continuing revision and change by the
Developer, present and future references to the "Master Plan"
Shall be references to the latest revision thereof.
The covenants and restrictions below will be referred to as
the General Property Covenants
Part I
Covenants, Restrictions and affirmative obligations
Applicable to all properties in Dorset Downs
The primary purpose of these covenants, restrictions and
affirmative obligations (Covenants) and the foremost
consideration in the origin of same has been the creation of
a community, which is aesthetically pleasing and functionally
convenient. The establishment if certain objective standards
relating to design, size and location of dwellings and other
structures makes it impossible to ta.ke full advantage of the
individual characteristics of each parcel of property and of
technological advances and environmental values. For this
reason such standards are not established by these Covenants.
However, in order to implement the purposes of these
covenants, the Developer may establish and amend from time to
time objective standards and guidelines, including, but not
- limited to, building guidelines, uniform sign regulations,
uniform mailbox as such terms are defined hereinafter, which
shall be in addition to and more restrictive than these
Covenants and which shall be bind on all property owners
within Dorset Downs.
1. a. Building Approvals - no building, fence or other
structure shall be erected, placed or altered on any
property in Dorset Downs until the proposed building
n1;::m!=;. !=;npr.ifir.at-ion!=;. pxt:prior r.o10r or fini!=;l1. n10t-
plan (showing the proposed l09ation of such building or
structure drivers, and parking areas, and construction
schedule shall have been approved by the developer. In
addition the developer may, require prior written
approval of a landscape plan. The developer further
reserves the right to promulgate and amend from time to
time architectural standards and construction
specifications (herein after referred to as the
uBuilding Guidelines") for specific neighborhoods and
areas or for all properties wi thin Dorset Downs, and
such Building Guidelines Shall establish, define and ~
expressly limit those standards and specifications which
will be approved in said neighborhoods and architectural
style, exterior color or finish, roofing material
design, and construction technique.
No alteration in the exterior appearance without like
prior approval by the developer. One (1) copy of all
plans and related data shall be furnished to the
developer for its records. In the event approval of such
plans is neither granted nor denied wi thin thirty days
following receipt by the developer to written demand for
approval, the provisions of these paragraph shall be
then be waived.
b. In order to assure that the buildings, fences and
other structures will be located and staggered so that
the maximum view, privacy, sunlight, and breeze will be
available to each building or structures will be located
and staggered so that the maximum view, privacy,
sunlight, and breeze will be available to and to assure
that structures will be located with regard to the
topography of each property I taking into considerati-on
the location of large trees and other aesthetic and
environmental considerations, the developer reserves the
right to approve the precise site and location of any
building, fence or structure on any property in Dorset
Downs
.~
Such location shall be determined only after reasonable
opportunity is afforded the property owner to recommend
a specific site. The provisions of this paragraph shall
in no way be construed as a guarantee that the view,
privacy, sunlight, or breeze available to a building or
structure on a given property shall not be affected by
the location of a building or structure on an adjacent
property.
c. Tree Removal. No trees measuring six inches or more
ln diameter at a point two feet above ground level may
be removed without the prior approval of the Developer..
No vegetation shall be removed within ten (10) feet of
back property line of any lot unless that property owner
erects either an evergreen screen, the species and
spacing of which shall be approved by the developer, or
a vinyl fence at least six (6) feet ln height.
~
d. Signs.
proceedings no
any property by
property owner
Except as may be required by legal
sign shall be erected or maintained on
anyone, including, but not limited to, a
or a tenant. A sign size, color and
the right to promulgate and be amended from time to
time. Uniform sign regulations: the Uniform Sign
Regulations which shall establish standard design
criteria for all signs including, but not limited to,
real estate sales signs, erected upon any property in
Dorset Downs.
e. Mailboxes No mailbox shall be erected or
maintained on any property until the proposed mailbox
design, color and the exterior appearance of any mailbox
shall be made without prior approval by the developer.
The developer further reserves the right to establish
uniform mailbox regulations (the U Uniform Mailbox
regulations") which shall define standard design
criteria for all mailboxes erected upon any property in
Doset Downs.
f. Maintenance It shall be the responsibility of
each Property Owner, tenant, contractor, or
subcontractor to prevent the development of any unclean,
unsightly, unkept, unhealthy, or unsafe conditions of
buildings or grounds on any property which shall tend to
substantially decrease the beauty or safety of Dorset
Downs, the neighborhood as a show, or the specific area.
g. Parking each property owner shall provide space for
the parking of automobiles off public streets prior to
the occupancy of any building to structure constructed
on said property, in accordance with reasonable
standards established by the developer.
h. Sewage Disposal Prior to the occupancy of a
building or structure on any property, proper and
sui table provisions shall be made for the disposal of
the disposal of sewage by connection with the sewer
mains of the Chesterfield County public sewer system or
other means of sewage disposal if other means are
approved by Chesterfield County and the developer for
use in Dorset Downs.
i. Public Water Prior to the occupancy of a
building or structure on any Property, proper and
suitable provisions for water shall be made by
connection with the water lines of the Chesterfield
County public wa.ter system or any other water system
approved by Chesterfield County and the developer for
use in Dorset Downs.
~
j. Utility Easements - The Developer hereby reserve a
perpetual alienable, and releasable easement and right
on over, and under the properties to erect, maintain and
use electric, Community Antenna Television (C.A.T.V.)
and telephone poles, wires, cables, conduits, drainage
ways, sewers, water mains, and either suitable equipment
for the conveyance and use of electricity, telephone
equipment for the conveyance and use of electricity,
telephone equipment, C.A.T.V., gas, sewer, water,
drainage, or other public convenience or utilities on,
in, or over those portions of such property as may be
reasonably required for utility line purposes; provided,
however, that no such utili ties for construction or a
building whose plans were approved pursuant to these
Covenants by the Developer, or be designated as the site
07-1084
11/28/07
for a building on a plot plan for erection of a building
which has been approved in writin<] by said developer.
These easements and rights expressly include the right
to cut any trees, bushes, or shrubbery, make any grading
or the soil, or take any other similar action reasonably
necessary to provide economical and safe utility
installation and maintain reasonable standards of
health, safety, and appearance.
k. Antenna Except as otherwise provided by
applicable law, no television antenna, radio recei ver ,-'
radio sender, or other similar device shall be attached
to or installed in any property on the exterior portion
of any building or structure on any property except as
follows:
1. The provisions of this paragraph shall not
prohibit the developer from installing or approving
the installation of equipment necessary for a
master antenna system, C.A.T. V, mobile radio
systems, or other similar systems within the
properties.
2. Should C.A.T.V. services be unavailable and
good television reception not be otherwise
available a property owner may make written
application to the developer for the permission to
install a television antenna, stating the proposed
antenna" size, height, color, location and design,
and such permission shall not be unreasonably
withheld.
3. No satellite dish antenna shall be
upon any property or attached to the
portion of any building or structure
property.
installed
exterior
on any
-"
1. Fences - No chain link fence shall be erected or
maintained on any property.
m. Dog Pens No dog pen shall be erected or
maintained on any property until the proposed dog pen
design, color fencing material, size and location have
been approved in writing by the developer, No alteration
in the exterior appearance of any dog pen shall be made
without like prior written approval by the developer.
Part II
Additional Restrictions affecting residential Lots
1. Residential Lots or Lots as used in this part II shall
mean and refer to all those parcels or tracts of land
within the properties intended for subdivision or
subdivided into properties or lots intended for the
construction of a detached house or single family
dwelling unit (hereinafter referred to as a " dwelling
Uni t " )
a. Minimum Size. Plans required of these covenants
will not be approved unless the proposed dwelling unit
or any other structures will give the minimum square
footage of enclosed dwelling space specified in the
pertinEmt sales contract and deed. The term "enclosed
07-1085
11/28/07
dwelling space" shall not include garages,
decks. Open porches, screened porches,
areas.
terraces, and
and similar
Other Restrictions
b. All residential lots shall be used for residential
purposes, recreational purposes incidental thereto, and
for customary accessory uses. The use of a portion of a
dwelling unit on a residential lot as an office by the
Owner or tenant thereof shall be considered a
residential use if such use does not create undue
customer or client traffic, as determined by the
developer, to and from the unit or the property.
c. No structure, except as hereinafter provided, shall
be erected, altered, placed, or permitted to remain on
any residential lot other than one (1) detached single
family accessory building does not overcrowd the
property as determined by the developer and provided,
further that such building use not used for any activity
normally conducted as a business. Such accessory
building may not be constructed prior to the
construction of the main building.
d. The provisions of this paragraph shall not prohibit
the developer from using any dwelling units or accessory
permission to any builder to use any specific dwelling
unit or accessory building as models. In addition, the
developer may grant permission to any builder to use any
specific dwelling unit or accessory building as a model;
selection of the particular dwelling unit or accessory
building and any rules or regulations governing the use
of such dwelling unit or accessory building as a model
shall be determined by the developer.
2. Completion of Construction
a. The exterior of each swelling unit and all other
structures must be completed within one (1) year after
the construction of same shall have commenced, except
where such completion is impossible or would result in
great hardship to the natural calamities. Dwelling units
and other structures may not be temporarily or
permanently issued until the exterior thereof has been
completed. During the continuance of construction, the
owner or each residential lot shall require is
contractor to maintain the lot in a reasonably clean and
uncluttered condition.
b. The failure to complete the exterior of any
dwelling unit or any other structure within the one year
shall constitute a violation and breach of these
covenants The developer hereby reserves a perpetual,
alienable, and releasable easement and right to enter
upon any property for the purpose of completing the
exterior of such dwelling unit or any other structure
which is violation of these covenants.
c. Garbage - Each residential lot owner shall provide
a screened area to serve as a service yard and an area
in which garbage receptacles, fuel tanks or similar
storage receptacles, electric and gas meters, air
07-1086
11/28/07
condi tioning equipment, clothes lines, and other
unsightly obj ects mess be placed or stored in order to
conceal them from view form the road and adjacent
properties. The developer prior written approval by the
developer must approve plans for such screened area
delineating the size design, specifications, exterior
color or finish, and location. Garbage receptacles and
fuel tanks may be located outside of such screened area
only if located underground, and such underground
garbage receptacles mad fuel tanks and their location
mist likewise be approved by the developer prior to
construction. The developer reSE~rves the right to
approve the selection of waste management vendor
authorized to provide garbage pickup wi thin the
properties.
-
d. Mobile homes, Boat Trailers Outbuildings, Etc.- No
mobile home trailer, barn or other similar out building
or structure shall be placed on any residential lot at
any time either temporarily or permanently. Except as
provided below boat, boat trailers, campers,
recreational vehicles, oversized vehicles, or utility
trailers may be maintained on a l~esidential lot, but
only within an enclosed or screened area such that they
are not generally visible from the road or adjacent
properties. No alteration in exterior appearance of any
enclosed or scented area shall be made wi thout like
prior written approval by the devE:loper. A small boat,
boat trailer, or boat on a boat trailer may be placed in
the rear yard to a residential lot without being
enclosed by a screened area if such boat, b oat trailer,
or boat on a boat trailer does not exceed an overall
height of four (4') feet height above ground level.
-
e. Temporary Structures-- No structure of a temporary
character other than shelters or temporary structures
used by the contractor during construction of the main
dwelling unit shall be placed upon any residential lot
at any time. Temporary shelters or structures permitted
during construction may not, at any time be used as
residences or permitted to remain on the property after
completion of construction. The design and color of
structures temporarily placed on a residential lot but a
contractor shall be subject to reasonable aesthetic
control temporarily placed on a residential lot by a
contractor shall be subject to reasonable aesthetic
control by the developer.
f. Subdivision of Lots - No residential lot shall be
subdivided or its boundary lines changed, nor shall be
subdivided or its boundary lines changed except with the
prior written consent of the Developer. However, the
developer hereby expressly reserves the right to replete
any residential lot(s) owned by it and shown on the plat
of any subdivision within the properties in order to
create a modified building lot or lots, and to take such
other Eiteps as are reasonable necessary to make such
replatted lot suitable and fit as a building site
including, but not limited to, the relocation of
easements, walkways, rights of way, roads, bike trails,
bridges, parks recreational and community facilities,
and other amenities to conform to the new boundaries of
said replatted lot.
-
07-1087
11/28/07
Part III
Duration and violation of Covenants
All Covenants set forth in this declaration and any
amendments thereto shall run with the land and shall be
binding on all parties and persons claiming under then,
specifically including, but not limited to, the successors
and assigns, if any, of the developer for a period of thirty
(30) years. Covenants shall be automatically extended for
successive periods of ten (10) years.
Duly Called Meeting shall mean and refer to any open meeting
of the owners of the properties called by the developer for
said purposes, subject to the giving of votes on subject to
giving proper notice.
Enforcement - In the event of a violation or breach of any
of the covenants by any owner tenant of such owner, the
owners of properties in the neighborhood or in Dorset Down,
or any of them, jointly or severally, shall have the right to
proceed at law or in equity to compel a compliance to the
terms hereof or to prevent the violation or reach in any
event. In addition to the foregoing, the developer shall have
the right to proceed at law or in equity to compel a
compliance to the terms hereof or to prevent the violation or
breach in any event.
Other Remedies - In addition to the foregoing, the Developer
shall have the right, whenever there shall have been placed
or constructed on and property in Dorset Downs any violation
of these restrictions, to enter upon such property where such
violation exists and summarily abate or remove the same the
expense of the owner, if after thirty (30) days written
notice of such violation it shall not have been corrected by
the owner tenant, or agent of the owner; provided, however,
that if the developer in its reasonable discretion determines
that immediate corrective action is required, and such action
is not performed immediately by the owner, tenant, or agent
of the owner, the developer or its agent shall have the right
to enter immediately and summarily abate or remove such
violation the expense of the owner. Any such entry and
abatement or remove al shall not be deemed a trespass.
No Trespass Whenever the developer or its agent is
permi tted b y this declaration to correct, repair, enhance
improve e, clean, preserve e, clear out, remove, or take any
action on any property or on the easement areas adjacent
thereof entering the property and taking such action shall
not be deem a trespass.
No Waiver - The failure to enforce any covenant,
of how long such failure shall continue, this
constitute waiver of or a bar to such right
Costs/Liens
regardless
shall not
to enforce
Costs whenever the developer is permitted by this
declaration to correct, repair, enhance improvement clean,
preserve, clear out, remove, or take any action on any
property or on the easement areas adjacent thereto and
entitled to have such cost paid by the owner of the property
on or adjacent to which such corrective action is performed,
the cost together with interest thereon at the maximum annual
07-1088
11/28/07
rate permitted by law from the due date and costs of
collection therefore including a reasonable attorney's fee,
shall be a charge and continuing lien on the real property
and improvements thereon against which such cost is charged,
in the hands of the then owner, his heirs, devisees, personal
representatives, tenants, and assigns and in addition
shall also be the personal obligation of the Owner of such
real property at the time when such cos t become due and
payable. The cost of corrective action shall be billed at the
completion of such corrective action, and all bills shall be
due completion of such corrective action shall billed at the ~
completion of such corrective action, and all bills shall be
due and payable thirty (30) days from the date of mailing of
same.
Judgement - the cost of corrective action billed to an owner
is not paid within thirty (30) days after the due date, the
developer may bring an action at law against the owner
personally to recover such cost, plus the costs of preparing
the attorney's fee; in the event a judgement is obtained,
such judgement shall include interest on the cost as above
provided and a reasonable attorney's fee together with the
costs of the action.
Subordination of Lien - The lien provided for herein shall be
subordinate to the lien of any first dE!ed of covenants. In
the event a creditor (other than the developer or the
credi tor of the developer) acquires ti tIe to any property
pursuant to foreclosure or any other proceeding or deed in
lieu of foreclosure, said creditor shall be subj ect to such
lien placed upon such property during the time in which the
creditor holds the title to such property. (P)
-'
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.3.
AWARD OF A CONTRACT TO THE DESIGN COLLABORATIVE
ARCHITECTS FOR THE DESIGN OF THE REAMS-GORDON LIBRARY
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
authorized the County Administrator to execute a contract
with The Design Collaborative Architects, for the design of
the Reams-Gordon Library, in the amount of $943,675.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.4.
APPROVAL OF A CONSTRUCTION CONTRACT FOR LAKE
CHESDIN PARK - PHASE II
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
authorized the County Administrator to execute a construction
contract with Perkinson Construction, LLC, in the amount of
$211,917 for work at Lake Chesdin Park-~hase II.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07-1089
11/28/07
8.C.S. ACCEPTANCE OF PARCELS OF LAND
8 . C . S . a . ALONG MIDLOTHIAN TURNPIKE FROM STONEHENGE
VILLAGE, LLC
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
accepted conveyance of two parcels of land, containing 0.84
acres, from Stonehenge Village, LLC, and authorized the
County Administrator to execute the deed. (It is noted
copies of the plats are filed with the papers of this Board.)
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8. C .5 . b. ALONG THE SOUTH RIGHT OF WAY LINE OF REAMS ROAD AND
THE EAST RIGHT OF WAY LINE OF ADKINS ROAD FROM
MTV DEVELOPMENT COMPANY, LLC
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
accepted the conveyance of two parcels of land, containing a
total of 0.482 acres, along the south right of way line of
Reams Road (State Route 647) and along the east right of way
line of Adkins Road (State Route 672) from MTV Development
Company, LLC, 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:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.6. REQUESTS FOR PERMISSION
8.C.6.a. FROM COSMO VA ONE, INCORPORATED FOR A PROPOSED
SIGN TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER
EASEMENT ACROSS ITS PROPERTY
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved a request from Cosmo Va One, Incorporated for a
proposed sign to encroach wi thin a 16-foot sewer easement
across its property, 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:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.6.b. FROM SAMUEL C. HARRIS AND SARAH K. HARRIS FOR
A FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT ACROSS LOT 42, FOXFIELD
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved a request from Samuel C. Harris and Sarah K. Harris
for permission for a fence to encroach within a 16-foot
drainage easement across Lot 42, Foxfield, 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:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07-1090
11/28/07
8 . C . 6 . c . FROM ACHYUT MORABKAR FOR A PROJ::'OSED FENCE
TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT
AND AN EIGHT-FOOT EASEMENT ACROSS LOT 19, HARTLEY
VILLAGE AT CHARTER COLONY
On motion of Mrs. Humphrey, seconded by Hr. Miller, the Board
approved a request from Achyut Morabkar for permission for a
fence to encroach within a 16-foot drainage easement and an
8-foot easement across Lot 19, Hartley village 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:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.6.d. FROM S. D. BARKER COMPANY T/A ]~ISON AND
BARKER TO INSTALL A PRIVATE SE~R SERVICE WITHIN
A PRIVATE EASEMENT TO SERVE P~)PERTY ON
OLD CENTRALIA ROAD
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved a request from S. D. Barker Company T/A Harrison and
Barker for permission to install a private sewer service
within a private easement to serve property at 11310 Old
Centralia Road, and authorized the County Administrator to
execute the sewer connection agreement. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
-'
8.C.6.e. FROM CAPITOL BUILDERS, INCORPORATED FOR A PROPOSED
ASPHALT DRIVEWAY TO ENCROACH WITHIN A TWENTY-FOOT
BEST MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS
LOT 39, OTTERDALE POINTE
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved a request from Capitol BuildE~rs, Incorporated for
permission for a proposed asphalt driveway to encroach within
a 20 foot BMP access easement across Lot 39, Otterdale
pointe, 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:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.6.f. FROM DOUGLAS L. BACHMAN AND TIFFANY D.BACHMAN FOR
A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT
EASEMENT AND A TWENTY-FOOT SEWER EASEMENT ACROSS
LOT 29, TANNER VILLAGE, SECTION C AT CHARTER COLONY
-'
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved a request from Douglas L. Bachman and Tiffany D.
Bachman for a proposed fence to encroach wi thin an 8-foot
easement and a 20-foot sewer easement ,:lcross Lot 29, Tanner
Village, Section C at Charter Colony, subject to the
07-1091
11/28/07
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.6.g. FROM EARL M. YAMADA AND CHARLOTTE C. YAMADA FOR A
PROPOSED FENCE TO ENCROACHWITHIN A THIRTY-FOOT
DRAINAGE AND SEWER EASEMENT AND A SIXTEEN-FOOT
EASEMENT ACROSS LOT 58, STEWART VILLAGE, SECTION A
AT CHARTER COLONY
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved a request from Earl M. Yamada and Charlotte C.
Yamada for permission for a proposed fence to encroach within
a 30-foot drainage and sewer easement and a 16-foot easement
across Lot 58, 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:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.7.
SET DATE FOR PUBLIC HEARING TO CONSIDER AN ORDINANCE
DIVIDING DEER RUN VOTING PRECINCT IN MATOACA
DISTRICT INTO TWO PRECINCTS
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
set the date of December 19, 2007 at 6:30 p.m. for a public
hearing for the Board to consider an Ordinance dividing Deer
Run Voting Precinct in Matoaca District into two precincts.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
8.C.8.
CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER
COMPANY FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO
THE CELL TOWER SITE AT SALEM ELEMENTARY SCHOOL
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable to
provide service to the cell tower site at Salem Elementary
School. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
-
8.C.9. ADOPTION OF RESOLUTIONS
8.C.9.a. SUPPORTING EFFORTS TO OBTAIN A UNITED STATES
POSTAL SERVICE STAMP HONORING MAGGIE L. WALKER
On motion of the Mrs. Humphrey, seconded by Mr. Miller the
Board adopted:
07-1092
11/28/07
-----
~M
WHEREAS, Maggie
virginia on July 15,
Civil War; and
Lena
1867,
Walker was born in Richmond,
two years after the end of the
WHEREAS, her mother was a black cook for a weal thy
southern family, and her father was a white New York
newspaper representative who worked in Richmond; and
WHEREAS, her parents never married, and she was raised
by her mother and stepfather, the butler who worked in the
same household as her mother; and -'
WHEREAS, when she was nine years old, her stepfather
died, and the family struggled economically, with Maggie
helping by carrying laundry, scrubbing homes and ironing
clothing for others; and
WHEREAS, even coming from such humble beginnings, Maggie
Lena Walker still understood the value of education, and
attended school, eventually becoming a teacher; and
WHEREAS, even though society at the time accorded few
rights to women, and fewer still to women of color, Maggie
Lena Walker persevered; and
WHEREAS, she joined and eventually led the Order of
Saint Luke, training thousands of African Americans in ways
to succeed, including by working in Saint Luke's own bank,
newspaper, printing press business and department stores, all
strongly influenced or created by Walker; and
WHEREAS, The Saint Luke Penny Savings Bank eventually
merged and became Consolidated Bank and Trust Company (CB&T)i ~
and
WHEREAS, Maggie Lena Walker was, in fact, the first
woman in the United States of America to organize a bank and
also serve as its president; and
WHEREAS, for her inspirational 1e:adership for African
Americans, for women, and for all Americans, Maggie Lena
Walker, the poor child who overcame all obstacles to succeed
and who dedicated her life to helping others succeed, richly
deserves our admiration and recognition.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
Board of Supervisors, this 28thth day of November 2007, on
behalf of the citizens of Chesterfield County, strongly
supports the effort undertaken by CB&T and others to have the
United States Postal Service issue a united States postage
stamp bearing the likeness of Maggie Lena Walker,
AND, BE IT FURTHER RESOLVED
recorded among the papers of this
Chesterfield County, Virginia.
that this
Board of
resolution
Supervisors
be
of
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07-1093
11/28/07
8.C.9.b. RECOGNIZING CAREER DETECTIVE JOHN C. STEIN, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of the Mrs. Humphrey, seconded by Mr. Miller the
Board adopted:
WHEREAS, Career Detective John C. Stein retired
Chesterfield County Police Department on November
after providing 20 years of quality service to the
of Chesterfield County; and
from the
1, 2007
citizens
WHEREAS, Career Detective Stein has fai thfully served
the county in the capacity of patrol officer, senior patrol
officer, detective, senior detective, master detective and
career detective; and
WHEREAS, Career Detective Stein distinguished himself by
demonstrating teamwork, professionalism and commitment to
duty; and
WHEREAS, Career Detective Stein was awarded with a
Certificate of Commendation in 1996 for his outstanding
investigative techniques while working wi th the Street Drug
Enforcement Unit in the 1996 homicide in Chesterfield Village
Apartments; and
WHEREAS, Career Detective
of Commendation in 1997 after
an investigation of a case
"Special K," and this intense
months and resulted in arrests
counties; and
Stein received a Certificate
distinguishing himself during
involving a drug nicknamed
investigation lasted several
in Chesterfield and powhatan
WHEREAS, Career Detective Stein was honored with a
Certificate of Achievement for his participation in the
investigation of a home invasion robbery and homicide that
occurred on December 17, 2003 and resulted in more than fifty
felony warrants for nine suspects; and
WHEREAS, Career Detective Stein was commended by his
superiors wi thin the Chesterfield County Police Department
for his keen investigative and interrogation skills while
working on homicides, breaking and entering cases, fraud, and
larceny cases, which led to the clearance of cases, recovery
of stolen property, and apprehension of criminals; and
WHEREAS, Career Detective Stein received letters of
praise from high-ranking officials throughout the region for
his continued cooperation and investigation of crimes which
plagued the entire Richmond Metropolitan area, leading to
numerous arrests and clearance of cases; and
WHEREAS, Career Detective Stein received letters of
appreciation from Chesterfield County citizens throughout his
career for his loyalty and devotion to duty; and
WHEREAS, Career Detective Stein
Chesterfield County Police Department
faithful and dedicated service; and
has
with
provided
many years
the
of
WHEREAS, Chesterfield County and
Supervisors will miss Career Detective
service.
the Board of
Stein's diligent
07-1094
11/28/07
- .-::::.::Ial
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Career Detective John
C. Stein 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.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
"-""
The following items were removed from the Consent Agenda for
public comment:
8.C .10. TRANSFER OF DISTRICT IMPROVEMEN':r FUNDS
8.C.10.a. FROM THE DALE DISTRICT IMPRO~~NT FUND TO THE
CHESTERFIELD COUNTY POLICE DE:PARTMENT TO PURCHASE
A LICENSE PLATE SCANNER
George Beadles expressed concerns relative to the lateness of
items being added to the agenda. He also expressed the need
for better equipment for the Clerk's office to process the
last minute requests. He expressed concerns about the
holiday given to the employees without supporting
documentation.
In response to Mr. Beadles' comments, MrB. Humphrey explained
the process of completing the agenda items for transfer of
District Improvement Funds. She commended Mr. Beadles for
his contributions to the Board in the past.
-'
Mr. Miller thanked Mr. Beadles for his input to the Board.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
transferred $22,000 from the Dale District Improvement Fund
to the Chesterfield County Police Department to purchase a
license plate scanner.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.l0.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO MAKE
IMPROVEMENTS TO THE SOFTBALL FIELD AT THOMAS DALE
HIGH SCHOOL
On motion of Mrs. Humphrey, seconded by
transferred $14,259 from the Bermuda
Fund to the Parks and Recreation
improvements to the softball field
School.
Mr. Sowder, the Board
District Improvement
Department to make
at Thomas Dale High
'''-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-1095
11/2R/n7
8.C.I0.c. FROM THE DALE, MATOACA, CLOVER HILL, MIDLOTHIAN
AND BERMUDA DISTRICTS IMPROVEMENT FUNDS TO THE
CHESTERFIELD COUNTY POLICE DEPARTMENT TO SUPPORT
THE TRIAD PROGRAM
On motion of Mrs. Humphrey, seconded by Mr. Sowder,
transferred a total of $5,000 ($1,000 each) from
Matoaca, Clover Hill, Midlothian and Bermuda
Improvement Funds to the Chesterfield County
Department to support the TRIAD Program.
the Board
the Dale,
District
Police
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.10.d. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE AND
INSTALL BLEACHERS AT THE MATOACA PARK FOOTBALL
FIELD
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
transferred $15,000 from the Matoaca District Improvement
Fund to the Parks and Recreation Department to purchase and
install bleachers at the Matoaca Park Football Field.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9 . REPORTS
9. A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9. B. REPORT ON STATUS OF GENERAL FUND BALANCE, 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. King, the Board
approved the following reports: a Report on Developer Water
and Sewer Contracts and a Report on 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
ARMISTEAD VILLAGE SECTION B
(Effective 10/22/2007)
Agee Lane (Route 7066) - From 0.07 mile
northeast of Cohen Trail (Route 7065) to Agee
Trail (Route 7206)
0.03 Mi.
Agee Terrace (Route 7206) - From Agee
Lane (Route 7066) to Cul-de-sac
0.05 Mi.
Agee Terrace (Route 7206) - From Nicolay Way
Route 7135) to Cul-de-sac
0.06 Mi.
07-1096
11/28/07
Agee Terrace (Route 7206) - From Agee Lan(=
(Route 7066) to Nicolay Way (Route 7135)
Nicolay Way (Route 7135) - From 0.05 mile
north of Nicolay Court (Route 7136) to
Agee Terrace (Route 7206)
BEULAH OAKS SECTION 2
(Effective 10/22/2007)
Beulah Oaks Circle (Route 7227) - From
Beulah Oaks Circle (Route 7227) to Beulah
Oaks Circle (Route 7227)
Beulah Oaks Circle (Route 7227) - From
Beulah Oaks Lane (Route 5927) to 0.05 mile
east of Beulah Oaks Lane (Route 5927)
Beulah Oaks Lane (Route 5927) - From
Beulah Oaks Circle (Route 7227) to
Watchlight Road (Route 2372)
Beulah Oaks Lane (Route 5927) - From
Watchlight Road (Route 2372) to Cul-de-sac
Beulah Oaks Lane (Route 5927) - From
0.04 mile north of Stately Oaks Road
(Route 5926) to Beulah Oaks Circle (Route 7227)
Watchlight Road (Route 2372) - From Beulah
Oaks Lane (Route 5927) to 0.04 mile north of
Beulah Oaks Lane (Route 5927)
SYCAMORE SPRINGS
(Effective 10/23/2007)
Sulphur Springs Terrace (Route 7217) - F~om
Sycamore Springs Drive (Route 7215) to
Cul-de-sac
Sulphur Springs Terrace (Route 7217) - F~om
Sycamore Springs Drive (Route 7215) to
Cul-de-sac
Sycamore Springs Court (Route 7216) - From
Sycamore Springs Drive (Route 7215) to
Cul-de-sac
Sycamore Springs Drive (Route 7215) - From
Bermuda Orchard Lane (Route 828) to
Sycamore Springs Court (Route 7216)
Sycamore Springs Drive (Route 7215) - From
Sycamore Springs Court (Route 7216) to
Sulphur Springs Terrace (Route 7217)
TARRINGTON SECTION 7
(Effective 10/22/2007)
Ashwell Drive (Route 5843) - From 0.03 mile
east of Grantley Court (Route 7124) to
Elmstone Road (Route 7237)
07-1097
0.05 Mi.
0.03 Mi.
'-'
0.08 Mi.
0.05 Mi.
0.16 Mi.
0.07 Mi.
0.02 Mi.
0.04 Mi.
.-'
o . 11 Mi.
0.07 Mi.
0.04 Mi
o . 04 Mi.
-
0.14 Mi.
0.03 Mi.
1J./28/07
Ashwell Drive (Route 5843) - From Elmstone
Road (Route 7237) to temporary end of
maintenance
o . 01 Mi.
Elmstone Road (Route 7237) - From Ashwell
Drive (Route 5843) to Cul-de-sac
o . 09 Mi.
WALTHALL RIDGE
(Effective 10/22/2007)
Walthall Drive (Route 1090) - From 0.04
mile south of Quarterpath Lane (Route 1089)
to Walthall Crest Lane (Route 7184)
0.05 Mi.
Walthall Crest Court (Route 7185) - From
Walthall Crest Lane (Route 7184) to Cul-de-sac
0.13 Mi.
Walthall Crest Lane (Route 7184) - From
Walthall Crest Court (Route 7185) to Cul-de-sac
o . 05 mi.
Walthall Crest Lane (Route 7184) - From
Walthall Ridge Drive (Route 1090) to
Walthall Crest Court (Route 7185)
0.07 Mi.
Walthall Drive (Route 1090) - From 0.09
mile southeast of Quarterpath Lane (Route
1089) to Walthall Crest Lane (Route 7184)
0.06 Mi.
Walthall Ridge Drive (Route 1090) - From
Walthall Crest Lane (Route 7184) to Cul-de-sac
0.19 Mi.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Bob Schrum commended County Administration and the Board
of Supervisors for providing great customer service and
allowing public input. He encouraged the Board to allow the
public comment at the beginning of the meeting.
Mr. Sam Kauffman agreed with Mr. Schrum concerning allowing
public comment at the beginning of the meeting.
Mr. George Beadles expressed concern with regard to lack of
mass transportation available in the county. He also
suggested the outgoing Board members mentor to others in the
community to develop leadership in the county.
Mr. King thanked Mr. Beadles for his input to the Board over
the years. He also agreed with Mr. Schrum and Mr. Kauffman
and suggested the new Board revisi t the lssue of public
comment.
Mrs. Humphrey thanked Messrs. Schrum, Kauffman and Beadles
for their input to the Board.
07-1098
11/28/07
11. DINNER AT 5:00 P.M. IN ROOM 502
On motion of Mr. King, seconded by Mrs. Humphrey,
recessed to the Administration Building, Room
dinner.
the Board
502, for
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
Reconvening:
~.-
12. INVOCATION
Deputy County Administrator Pete Stith gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Colonel Fran Pitaro, united States Army (Retired) led the
Pledge of Allegiance to the flag of the Uni ted States of
America.
14. RESOLUTIONS
o RECOGNIZING THE ENON FLAG FOOTBALL CHll:ERLEADERS FOR THEIR
OUTSTANDING ACCOMPLISHMENTS
Mr. Golden introduced Ms. Jenifer Williams, manager, and
Kelly Peppers, coach, and members of the Enon Flag Footbal
Cheerleading squad, who were present to receive the
resolution.
'..-'
On motion of the Board, the following resolution was adopted:
WHEREAS,
long been
educational,
and
participation in co-sponsored athletics has
an integral part of Chesterfield County's
physical and emotional development for athletes;
WHEREAS, the 2007 Enon Flag CheE=rleaders managed by
Jenifer Williams and coaches Jill Gerard, Sara Burley and
Kelly Peppers participated and finished in first place in the
Eastern Cheerleading and Dance Association Championship in
the Mini Recreation Intermediate Division; and
WHEREAS, the Enon Flag
and placed second in the Cheer
placed first in the Matoaca
Tournament; and
CheerlE=aders also competed
Eli te Star Tournament and
Association Cheerleading
WHEREAS, the team members include Emma Clark, Tess
Colby, Sara-Ann Dewitt, Julia Dubois, Kira Edens, Rylee
Fields, Kayleigh Genova, Rae Gerard, Hailey Greison, Calista
Johnson, Mackenzie Karrmann, Kaya Lee, Michaela Sullivan,
Maria Trainer and Hannah Williams.
--
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of November 2007,
07-1099
11/28/07
publicly recognizes the 2007 Enon Flag Football Cheerleaders
for their outstanding representatl'on of Ch f'
ester leld County.
AND, BE
Supervisors,
County, does
Cheerleaders
sportsmanship
success.
IT FURTHER RESOLVED that the Board of
on behalf of the citizens of Chesterfield
hereby commend the 2007 Enon Flag Football
for their commitment to excellence and
and expresses best wishes for continued
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
Mr. King presented the executed resolution to the Enon Flag
Football Cheerleaders and commended them their outstanding
accomplishments.
Ms. Williams thanked the cheerleaders for their hard work and
commitment.
Mrs. Humphrey commended the Enon Flag Football Cheerleaders
for their excellent behavior.
-
15. ZONING CASES, DEFERRED TO THIS DATE, THAT HAVE BEEN
ADVERTISED, BUT WILL NOT BE HEARD PURSUANT TO SECTION 23
OF THE 2007 PROCEDURES OF THE BOARD OF SUPERVISORS - IF
A MAJORITY OF THE BOARD IS NOT RE-ELECTED, NO ZONING
CASE SHALL BE CONSIDERED BY THE BOARD OF SUPERVISORS
AFTER NOVEMBER 6, 2007, UNTIL THE ORGANIZATIONAL MEETING
IN JANUARY 2008, UNLESS SUCH DELAY WOULD EXCEED TWELVE
MONTHS FOR THAT CASE:
Mr. Turner presented information regarding the zoning cases,
which were deferred to this date and therefore advertised for
public hearing; however, pursuant to the procedures of the
Board of Supervisors, these cases will need to be deferred to
January 9, 2008.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
deferred the following zoning cases until January 9, 2008:
07SN0333
In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD
OF SUPERVISORS requests rezoning and amendment of zoning
district map from Residential (R-7), Neighborhood Business
(C-2), Community Business (C-3), Regional Business (C-4) and
General Business (C-5) to Regional Business (C-4) with
Conditional Use to permit multifamily and townhouse uses plus
Condi tional Use Planned Development to permi t exceptions to
Ordinance requirements. The densi ty of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for regional mixed use. This request lies on 83 acres
located in the southwest quadrant of Midlothian Turnpike and
Chippenham Parkway, also fronting on the north line of
Cloverleaf Drive and the northern terminus of Starview Lane.
Tax IDs 764-705-3864, 6668 and 8227; 764-706-3159-00001 and
00002 and 8861-00001 and 00002; 764-707-6112-00001 and 00002;
765-704-2693; 765-705-4651, 5781, 7651 and 7962; 765-706-
1010-00001 and 00002, 4170, 6964, 8068 and 8842; and 765-707-
6600.
07-1100
11/28/07
07SN0157 (Amended)
In Matoaca Magisterial District, OTTERDALE VENTURE, LLC
requests rezoning and amendment of zoni::tg district map from
Agricultural (A) and General Business (C-5) to Community
Business (C-3) of 107 acres with Conditional Use to permit
multifamily residential use and an above-ground utility
structure (water storage tank) and to Residential Townhouse
(R-TH) of seventy-one (71) acres 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 community mixed use
and residential use of 2.0 uni ts per acre or less. This
request lies on 178.0 acres fronting approximately 1,500 feet
on the north line of Hull Street Road, also fronting in two
(2) places for a total of approximately 3,500 feet on the
west line of Otterdale Road and located in the northwest
quadrant of the intersection of these roads. Tax ID 710-670-
5596.
07SN0223 (Amended)
In Matoaca and Midlothian Magisterial Districts, GBS HOLDING,
LTD. requests rezoning and amendment of zoning district map
from Agricultural (A) and Light Industrial (I-i) to Community
Business (C-3) of 211 acres with Conditional Use to permit
multifamily and townhouse uses and rezoning from Agricultural
(A) and Light Industrial (1-1) to Residential Townhouse (R-
TH) of 1,183.9 acres plus Conditional Use Planned Development
to permit exceptions to Ordinance requirements on the entire
1, 394.9 acre tract. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
regional emploYment center use, office/residential mixed use
and residential use of 2.0 units per acre or less. This
request lies on 1,394.9 acres frontin~J the east and west
lines of Old Hundred Road at the Norfolk Southern Railroad;
the north line of Old Hundred Road east of Otterdale Road;
and the east and west lines of Otterdale Road north of Old
Hundred Road. Tax IDs 707 -7 00-7 9 88; 708-702 -1722; 709-701-
7328; 710-700-7596; 710-703-3345; 711-699-3470; 711-700-1144;
711-701-5180; 712-699-7663; 713-703-4194; 713-704-3412; 713-
705-5709; 714-703-2188 & 7259; 714-704-1729; 714-705-5728;
716-701-4130; 718-697-4548 & 6844; 718-699-7719; 719-697-
8012; 719-698-2822; 720-695-3288 & 9506; 720-698-0178; 720-
700-0007; 721-695-9061; 722-697-0512; 722-700-4002.
07SN0362
In Clover Hill Magisterial District, M~[1. GILEAD FULL GOSPEL
INTERNATIONAL MINISTRIES requests Conditional Use and
amendment of zoning district map to permit a computer-
controlled, variable message, electronic sign. The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed use uses. This
request lies in an Agricultural (A) District on 4.1 acres
07-1101
11/28/07
-'
-
lying approximately 970 feet off the north line of Hicks Road
across from Lockhart Road. Tax ID 759-694-Part of 3145.
07SN0386
In Bermuda Magisterial District, BROAD STREET PARTNERS
COMMERCIAL LLP requests rezoning and amendment of zoning
district map from Agricultural (A), Community Business (C-3),
General Business (C-5) and Residential (R-7) to Community
Business (C-3) with Conditional Use to permit multifamily
uses plus Conditional Use Planned Development to permit light
industrial uses and exceptions to Ordinance requirements.
The density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for general commercial
and residential use of 7.01 to 10.0 units per acre and under
certain circumstances more intense uses such as high density
residential, commercial and industrial uses. This request
lies on 190.8 acres fronting approximately 1,340 feet in two
(2) places on the east line of Jefferson Davis Highway north
of Redwater Ridge Road approximately 1,000 feet on the south
line of Osborne Road and approximately 1,820 feet on the west
line of 1-95. Tax IDs 798-656-4174, 7198 and 8099; 798-657-
0830, 3703 and 5657; 799-655-4194; 799-656-0212; 799-657-
3802; 800-656-5991; 800-658-9359; and 799-658-Part of 6575.
08SN0111
In Bermuda Magisterial District, TWIN RIVERS LLC requests
rezoning and amendment of zoning district map from General
Industrial (1-2) to General Business (C-5) with Conditional
Use to permit multifamily and townhouse 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
light industrial use. This request lies on 69.9 acres
located in the southwest quadrant of Meadowville and North
Enon Church Roads. Tax IDs 823-659-3856, 6573 and 9483; 823-
660-4049; and 824-659-2386, 5689 and 8890.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16. PUBLIC HEARINGS
16.A. TO CONSIDER AN AMENDMENT TO SECTION 19-5 OF THE COUNTY
CODE RELATING TO PENALTIES FOR VIOLATIONS OF
ORDINANCES REGARDING THE NUMBER OF UNRELATED PERSONS
IN SINGLE FAMILY DWELLINGS
Mr. Micas presented information from the 2007 General
Assembly allowing localities to increase the penalty for more
than four people living in a residence from $1,000 to $2,000.
Mr. Miller called for public comment.
There being no one to address the issue, the public hearing
was closed.
07-1102
11/28/07
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE O~~ THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-5 RELATING TO PENALTIES FOR
VIOLATION OF THE ORDINANCES REGARDING THE NUMBER OF
UNRELATED PERSONS IN SINGLE FAMILY DWELLIINGS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
-'
(1 )
That Section 19-5 of the Code
Chesterfield, 1997, as amended,
enacted to read as follows:
of the County
.i s amended and
of
re-
Sec. 19-5. Enforcement.
(a) (1)
General enforcement dut~~es of director of
planning. The director of planning shall
enforce this chapter and he shall have the full
cooperation of all other county officials in
the enforcement of this chapter. Before
granting a permit to construct, alter or use
any building, structure or premises that may be
affected by this chapter, the building
official, upon receipt of an application for
such permi t, shall submit the application to
the director who shall certify that the
proposed construction, alteration or use of the
building, structure or premises is or is not in
violation of this chapter. If such proposed
use, building or structure is in conflict with
this chapter (including zoning or development
approval), the building official shall refuse
to issue a building or occupancy permit.
--"
(2) Enforcement of conditions. The director of
planning shall administer and enforce
conditions attached to zonlng approvals,
development approvals and substantial accord
approvals for which a public hearing does not
occur and he shall have the authority to: issue
a written order to remedy any noncompliance
with a condition; bring legal action, including
injunction, abatement or other appropriate
action, to insure compliance with such
conditions; and require a guaranteeJ in a form
satisfactory to the county attorney, and in an
amount sufficient for and conditioned upon the
construction of any physical improvements
required by the condition, or a contract for
the construction of such improvements and the
contractor I s guarantee, in like amount and so
condi tioned, which guarantee shall be reduced
or released by the county, upon the submission
of satisfactory evidence that construction of
such improvements has beE:!n completed in whole
or in part. Failure to meet all conditions
shall constitute cause to deny the issuance of
any of the required occupancy or building
permits.
-
07-1103
1.1/28/07
(b) Penalties for violation; right of entry.
(1) Any person who violates this chapter or fails
to comply with any conditions of zoning and
development approvals and substantial accord
approvals for which a public hearing does not
occur, other than those provisions set forth
in section 19-6, shall be deemed guilty of a
misdemeanor and upon conviction thereof, shall
be fined not less than $10.00 and not more
than $1,000.00.
(2) Any person who violates an ordinance regarding
the number of unrelated persons in a single
family dwelling shall be punishable by a fine
of up to $2,000.
3) (a) For violations under (b) (1) above, if the
violation is uncorrected at the time of the
conviction, the court shall order the violator
to abate or remedy the violation in compliance
with the zoning ordinance, within a time
period established by the court. Failure to
remove or abate a zoning violation within the
specified time period shall constitute a
separate misdemeanor offense punishable by a
fine of not less than $10.00 nor more than
$1,000.00, and any such failure during any
succeeding ten-day period shall constitute a
separate misdemeanor offense for each ten-day
period punishable by a fine of not less than
$100.00 nor more than $1,500.00.
(b) For violations under (b) (2) above, if the
violation is uncorrected at the time of
conviction, the court shall order the violator
to abate or remedy the violation in compliance
with the zoning ordinance within a time period
established by the court. Failure to abate
the violation within the specified time period
shall be punishable by a fine of up to $2,000
and any such failure during any succeeding 10-
day period shall constitute a separate
misdemeanor offense for each 10-day period,
punishable by a fine of up to $2,500.
(4) In addition to the requirements and penalties
specified above, the director of planning may
invoke any other lawful procedure available to
the county, such as injunction or abatement,
as may be necessary to prevent, restrain,
correct or abate any violation of this
chapter.
-
( 5)
The director
enter upon
improvements
obtaining a
either:
of planning or his agents may
or search any real estate or
thereon only after first
valid search warrant unless
a. The entry or search is made after the
property owner's knowing and intelligent
consent;
07-1104
11/28/07
b. A violation of this chapter is in plain
view; or
c.
A violation of this chapter occurs in the
presence of the director.
(6) I f the director of planning determines that
any person has violated this chapter or failed
to comply with any condition of a zoning or
development approval or of a substantial
accord approval for which a public hearing
does not occur, then he ~:hall serve upon that
person a notice to comply by either:
-'
a. Delivering the notice to the person by
hand; or
b. Mailing the notice b::l first class mail to
the last known address of the person.
The notice shall set forth the nature of the
violation or failure to comply. Upon failure
of the person to remedy t:he violation, comply
wi th the condi tion or receive an extension
within ten days after the date of delivery or
mailing of the notice, the person shall be
subject to the penalties set forth above. with
respect to violations or failures to comply
involving portable signs or the parking or
display of motor vehicles, the person shall
remedy the violation or comply with the
condi tion wi thin 24 hours of service of the
notice or receive an extE:~nsion, or the person
shall be subject to the penalties above.
~
(2) Tha t this ordinance shaLL
immediately upon adoption.
become
effective
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
16.B.
TO CONSIDER AN AMENDMENT TO SECTION 13-51 OF THE
COUNTY CODE TO PROVIDE EXEMPTIONS FROM THE MOTOR
VEHICLE LICENSE FEE FOR CERTAIN PUBLIC SAFETY
PERSONNEL
Mr. Micas presented information concerning the county's
current policy for exemptions from the motor vehicle license
fee. He further explained how the amenoJuent would change the
policy.
Mr. Miller inquired about the logic for the amendment from
the General Assembly's perspective. He also inquired whether
the amendment would exempt the private vehicles of certain
public safety personnel.
'-'
In response to Mr. Miller's question, Mr. Micas explained
that the proposed amendment would exempt one private vehicle,
whether or not it was used in connection with their
profession.
07-1105
11/28/07
Mr. Sowder inquired about residency requirements.
Mr. Micas confirmed that the ordinance would only apply to
the Chesterfield Motor Vehicle License, so the vehicle would
need to be registered here.
Mr. Stegmaier explained that this amendment would apply to
anyone who falls in this category that lives in Chesterfield;
for example, it could be an officer in another locality who
resides in Chesterfield.
In response to Mr. King's question, Mr. Stegmaier stated the
financial impact of the proposed amendment would be about
$25,000.
In response to Mrs. Humphrey's question,
only a personal motor vehicle is covered,
vehicle or a boat.
Mr. Micas stated
not a commercial
Mr. Miller called for public comment.
There being no one else to address the issue, the public
hearing was closed.
On motion of Mr. King, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 13-51 RELATING TO VEHICLE LICENSE FEE
EXEMPTION FOR CERTAIN PUBLIC SAFETY PERSONNEL
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1 )
That Section 13-51 of the Code
Chesterfield, 1997, as amended,
enacted to read as follows:
of the County
~ s amended and
of
re-
ARTICLE IV. COUNTY VEHICLE LICENSES AND OTHER REQUIREMENTS.
Sec. 13-51. Required; exceptions.
(a) An annual registration fee is hereby imposed upon
every motor vehicle, trailer or semitrailer
normally garaged, stored or parked in the county.
(b) The provisions of this article shall not apply to
the following:
(1) Any vehicle exempted by the provisions of Code of
Virginia, ~~ 46.2-663--46.2-683, as amended, and
Code of Virginia, ~ 46.2-755, as amended;
(2) Any vehicle licensed pursuant to Code of Virginia,
~ 46.2-750, as amended; or,
(3) Any vehicle otherwise exempted by state law.
(c) A registration fee will not be charged on:
(1) Vehicles owned by a volunteer rescue squad;
07-1106
11/28/07
(2 )
Vehicles owned by a volunteer f~re department;
(3 )
Vehicles owned or leased by a volunteer police
chaplain. However, only one vE::hicle owned by the
chaplain may qualify for the exemption provided by
this subsection;
(4) Any vehicle displaying special permanent plates as
approved and issued by the department of motor
vehicles pursuant to Code of Virginia, ~ 46.2-739,
as amended, to veterans with service-connected -'
disabilities;
(5) Vehicles owned or leased by an active member or
active auxiliary member of a volunteer rescue
squad, a volunteer fire department, or an auxiliary
police unit; provided that the member submits to
the treasurer a certification, signed under oath by
the chief or head of the member's volunteer
organization, certifying the member's active
membership for the six-month period prior to the
registration fee being due and payable. However,
only one vehicle owned by th::! member may qualify
for the exemption provided by this subsection.;
(6) Vehicles owned or leased by deputy sheriffs;
however, no deputy sheriff E,hall be issued more
than one such license free of charge;
(7) Vehicles owned or leased by police officers;
however, no police officer E:hall be issued more
than one such license free of charge;
-'
(8) Vehicles owned or leased by officers of the State
police; however, no officer of the State Police
shall be issued more than one such license free of
charge;
(9) Vehicles owned or leased by salaried firefighters;
however, no salaried firefighter shall be issued
more than one such license free of charge; and
(10) Vehicles owned or leased by salaried emergency
medical technicians; however, no salaried emergency
medical technician shall be issued more than one
such license free of charge.
(2 )
That this ordinance shall become effective immediately
upon adoption.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
~6.C. TO CONSIDER AN AMENDMENT TO THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY ADDING A NEW
ARTICLE XVII TO CHAPTER 9 OF THE CODE RELATING TO
TRANSPORTATION IMPACT FEES TO FUND AND RECAPTURE THE
COST OF PROVIDING REASONABLE ROAD IMPROVEMENTS
-
Deputy County Attorney Jeff Mincks stated legislation was
adopted at the 2007 General Assembly session giving
localities the ability to impose road impact fees. He
07-1107
~1/28/07
-
further stated staff has been working with the Planning
Commission and the Impact Fee Ordinance Advisory Committee
since June to develop a proposed impact fee ordinance. He
stated this funding source would be for already-zoned
residential, but not yet subdivided, lots. He further stated
staff estimated $5,800 per dwelling unit for the impact fee,
if enacted. He stated there are currently 26,000 un-buil t
cash proffer lots and 15,000 un-built lots that could be
available for impact fees. He further stated a number of
issues have developed, including whether to include
commercial industrial development; inclusion of lots that
have already committed to cash proffers if the transportation
component is less than the current impact fee; family held
property; lots valued at less than the proposed impact fee;
non-profit housing; and small lots. He stated in response to
the number of issues that have developed it is recommended
not to include commercial industrial development or cash
proffer lots; family subdivisions would not be included;
housing under $200,000 constructed by non-profit entities
would be exempted; and impact fees would only be placed on
newly created lots within small lot subdivisions, not all of
the original lots. He further stated the average amount of
cash proffers being collected is $3,200. He stated staff
recommends the impact fee be placed at $5,820. He explained
that staff is requesting the Board to adopt the Road
Improvement Plan as an amendment to the Comprehensive Plan,
which is a projection of road improvement needs for twenty
years, and to adopt the Impact Fee Ordinance as revised.
Mr. Miller called for public comment.
Ms. Kimberly Sanchez, an 18-year resident of Chesterfield
County, homebuilder and business owner, spoke in opposition
of the Impact Fee Ordinance Improvement Plan. She explained
that adding an additional fee to the cost of new homes will
eliminate low-cost housing within the county.
Mr. Paul Grasewicz, a 25-year resident of Chesterfield
County, urged the Board to adopt the ordinance. He explained
the General Assembly had heard arguments from both sides on
the Impact Fee Program and decided to give the county another
tool to fund needed road improvements.
There was no one else to address the issue.
Mr. King stated he was not prepared to make a decision.
On motion of Mr. King, seconded by Mr.
deferred the public hearing to consider
until January 9, 2008.
Sowder, the Board
road impact fees
Mr. Warren requested that a transcript of the speakers on
this topic be provided to the new Board.
Mr. Miller expressed concern over not using tools given to
the county by the General Assembly.
07-1108
11/28/07
-1\
17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
18. ADJOURNMENT
On motion of Mr. Miller, seconded by Mr. sowder, the Board
adjourned at 7:17 p.m. until December 19, 2007 at 3:00 p.m.
-'
Ayes: Miller, Humphrey, King, Sowder and 'Warren.
Nays: None.
-'
,~
'Kell El Miller
ChairmaT
07-1109
11/28/07