Chesterfield County, Virginia | Board of Supervisors

Supervisors in Attendance:

Mr. Kelly E. Miller, Chairman

Mrs. Renny B. Humphrey , Vice Chairman

Mr. R. M. “Dickie" King, Jr.

Mr. Donald D. Sowder

Mr. Arthur S. Warren

Mr. James J. L. Stegmaier
County Administrator

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. King commented on the inaccuracy of the minutes in reflecting his statements on staff’s handling of the Cloverleaf Mall Project. He also inquired about the consequences, or whether a policy was in place to protect the Board, when major decisions are made on behalf of the citizens from incomplete information provided by staff.

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.

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 auditing process. He also commended staff involved in the audit process for outstanding performance that has helped make Chesterfield County an outstanding example of financial management in local government.

Mr. Sowder inquired whether a management letter was submitted with the audit and if so, requested that Mr. Stegmaier share the results with the Board.

In response to Mr. Sowder’s question, Mr. Stegmaier stated the external auditors reviewed the audit with the Budget and Audit Committee earlier this afternoon and the Board members will receive copies. He further stated there were some minor issues surrounding some grants which have been addressed concerning quality of documentation on some grant programs, but the review was positive.

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.

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.

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 Region Board for bringing Rolls Royce to Prince George County, which will create 500 new jobs in the region.

Mr. Warren requested the County Administrator 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, seconded 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 Drainage 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 the 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 amended.

O RECOGNIZING CAREER OFFICER MILTON LEE PULLEY, POLICE DEPARTMENT, UPON HIS RETIREMENT

Colonel Dupuis introduced Career Officer Milton Lee Pulley, who was present, along with his family, to receive the resolution.

WHEREAS, Career Officer Milton Lee Pulley retired from the Chesterfield County Police Department on November 1, 2007 after providing over 29 years of quality 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, Career Officer Pulley received letters of appreciation from high-ranking officials from other police agencies for his exceptional performance and teamwork during his service in the Metro Aviation Unit, resulting in the apprehension of criminals and clearance of cases; and

WHEREAS, Career Officer Pulley was commended by his superiors within the Chesterfield County Police Department for his outstanding performance of duty; and

WHEREAS, Career Officer Pulley has provided the Chesterfield County Police Department with many years of faithful and dedicated service; and

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 members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement.

AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Career Officer Pulley, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia.

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 Chesterfield County.

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. 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).

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.

On motion of Mr. King, seconded by Mrs. Humphrey, the Board approved the following streetlight installation:

• In the Crescent Park subdivision, on Oak Lawn Street, in the vicinity of 9008
Cost to install streetlight: $473.58

On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board removed the following items from the consent agenda for public comment: 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.

On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board adopted the following resolution:

WHEREAS, the streets described below are shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to 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 §33.1-229
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: Miller, Humphrey, King, Sowder and Warren.
Nays: 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 following restrictive covenants shall be recorded in conjunction with recordation of any subdivision plat:

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 declare 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 within 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 subjected 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 take 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 plans, specifications, exterior color or finish, plot plan (showing the proposed location 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 “Building Guidelines”) for specific neighborhoods and areas or for all properties within 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 within 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, taking into consideration 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 in 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 in height.

d. Signs. Except as may be required by legal proceedings no sign shall be erected or maintained on any property by anyone, including, but not limited to, a property owner or a tenant. A sign size, color and content and the number and location of further reserves 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 “ 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 suitable 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 water 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 utilities for construction or a building whose plans were approved pursuant to these Covenants by the Developer, or be designated as the site for a building on a plot plan for erection of a building which has been approved in writing 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 receiver, 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 installed upon any property or attached to the exterior portion of any building or structure on any property.

l. 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.

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 Unit”)

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 pertinent sales contract and deed. The term “enclosed dwelling space” shall not include garages, terraces, and decks. Open porches, screened porches, and similar areas.

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.

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 conditioning equipment, clotheslines, and other unsightly objects 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 reserves the right to approve the selection of waste management vendor authorized to provide garbage pickup within 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 residential 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 without like prior written approval by the developer. 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 steps 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.

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 permitted 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, regardless of how long such failure shall continue, this shall not constitute waiver of or a bar to such right to enforce Costs/Liens

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 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 cost 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 deed of covenants. In the event a creditor (other than the developer or the creditor of the developer) acquires title to any property pursuant to foreclosure or any other proceeding or deed in lieu of foreclosure, said creditor shall be subject to such lien placed upon such property during the time in which the creditor holds the title to such property. (P)

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.

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-Phase II.

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.)

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.)

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 within a 16-foot sewer easement across its property, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

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, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

8.C.6.c. FROM ACHYUT MORABKAR FOR A PROPOSED 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 Mr. 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.)

8.C.6.d. FROM S. D. BARKER COMPANY T/A HARRISON AND BARKER TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY 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.)

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 Builders, 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.)

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 within an 8-foot easement and a 20-foot sewer easement across Lot 29, Tanner Village, Section C 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.)

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, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

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.

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.)

8.C.9.a. SUPPORTING EFFORTS TO OBTAIN A UNITED STATES POSTAL SERVICE STAMP HONORING MAGGIE L. WALKER

WHEREAS, Maggie Lena Walker was born in Richmond, Virginia on July 15, 1867, two years after the end of the Civil War; and

WHEREAS, her mother was a black cook for a wealthy 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); 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 leadership 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 that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia.

8.C.9.b. RECOGNIZING CAREER DETECTIVE JOHN C. STEIN, POLICE DEPARTMENT, UPON HIS RETIREMENT

WHEREAS, Career Detective John C. Stein retired from the Chesterfield County Police Department on November 1, 2007 after providing 20 years of quality service to the citizens of Chesterfield County; and

WHEREAS, Career Detective Stein has faithfully 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 with the Street Drug Enforcement Unit in the 1996 homicide in Chesterfield Village Apartments; and

WHEREAS, Career Detective Stein received a Certificate of Commendation in 1997 after distinguishing himself during an investigation of a case involving a drug nicknamed “Special K,” and this intense investigation lasted several months and resulted in arrests in Chesterfield and Powhatan counties; and

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 within 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 has provided the Chesterfield County Police Department with many years of faithful and dedicated service; and

WHEREAS, Chesterfield County and the Board of Supervisors will miss Career Detective Stein’s diligent service.

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.

8.C.10.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE CHESTERFIELD COUNTY POLICE DEPARTMENT 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, Mrs. 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.

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.

8.C.10.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 Mr. Sowder, the Board transferred $14,259 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. 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, the Board transferred a total of $5,000 ($1,000 each) from the Dale, Matoaca, Clover Hill, Midlothian and Bermuda District Improvement Funds to the Chesterfield County Police Department to support the TRIAD Program.

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.

9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES

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:

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.

Agee Terrace (Route 7206) – From Agee Lane
(Route 7066) to Nicolay Way (Route 7135) 0.05 Mi.

Nicolay Way (Route 7135) – From 0.05 mile
north of Nicolay Court (Route 7136) to
Agee Terrace (Route 7206) 0.03 Mi.

Beulah Oaks Circle (Route 7227) – From
Beulah Oaks Circle (Route 7227) to Beulah
Oaks Circle (Route 7227) 0.08 Mi.

Beulah Oaks Circle (Route 7227) – From
Beulah Oaks Lane (Route 5927) to 0.05 mile
east of Beulah Oaks Lane (Route 5927) 0.05 Mi.

Beulah Oaks Lane (Route 5927) – From
Beulah Oaks Circle (Route 7227) to
Watchlight Road (Route 2372) 0.16 Mi.

Beulah Oaks Lane (Route 5927) – From
Watchlight Road (Route 2372) to Cul-de-sac 0.07 Mi.

Beulah Oaks Lane (Route 5927) – From
0.04 mile north of Stately Oaks Road
(Route 5926) to Beulah Oaks Circle (Route 7227) 0.02 Mi.

Watchlight Road (Route 2372) – From Beulah
Oaks Lane (Route 5927) to 0.04 mile north of
Beulah Oaks Lane (Route 5927) 0.04 Mi.

Sulphur Springs Terrace (Route 7217) – From
Sycamore Springs Drive (Route 7215) to
Cul-de-sac 0.11 Mi.

Sulphur Springs Terrace (Route 7217) – From
Sycamore Springs Drive (Route 7215) to
Cul-de-sac 0.07 Mi.

Sycamore Springs Court (Route 7216) – From
Sycamore Springs Drive (Route 7215) to
Cul-de-sac 0.04 Mi

Sycamore Springs Drive (Route 7215) – From
Bermuda Orchard Lane (Route 828) to
Sycamore Springs Court (Route 7216) 0.04 Mi.

Sycamore Springs Drive (Route 7215) – From
Sycamore Springs Court (Route 7216) to
Sulphur Springs Terrace (Route 7217) 0.14 Mi.

Ashwell Drive (Route 5843) – From 0.03 mile
east of Grantley Court (Route 7124) to
Elmstone Road (Route 7237) 0.03 Mi.

Ashwell Drive (Route 5843) – From Elmstone
Road (Route 7237) to temporary end of
maintenance 0.01 Mi.

Elmstone Road (Route 7237) – From Ashwell
Drive (Route 5843) to Cul-de-sac 0.09 Mi.

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 0.05 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.

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 revisit the issue of public comment.

Mrs. Humphrey thanked Messrs. Schrum, Kauffman and Beadles for their input to the Board.

On motion of Mr. King, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner.

Colonel Fran Pitaro, United States Army (Retired) led the Pledge of Allegiance to the flag of the United States of America.

O RECOGNIZING THE ENON FLAG FOOTBALL CHEERLEADERS 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.

WHEREAS, participation in co-sponsored athletics has long been an integral part of Chesterfield County’s educational, physical and emotional development for athletes; and

WHEREAS, the 2007 Enon Flag Cheerleaders 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 Cheerleaders also competed and placed second in the Cheer Elite Star Tournament and placed first in the Matoaca Association Cheerleading Tournament; and

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, publicly recognizes the 2007 Enon Flag Football Cheerleaders for their outstanding representation of Chesterfield County.

AND, BE IT FURTHER RESOLVED that the Board of Supervisors, on behalf of the citizens of Chesterfield County, does hereby commend the 2007 Enon Flag Football Cheerleaders for their commitment to excellence and sportsmanship and expresses best wishes for continued success.

Mr. King presented the executed resolution to the Enon Flag Football Cheerleaders and commended them their outstanding accomplishments.

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:

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 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 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.

In Matoaca Magisterial District, OTTERDALE VENTURE, LLC requests rezoning and amendment of zoning 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 units 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.

In Matoaca and Midlothian Magisterial Districts, GBS HOLDING, LTD. requests rezoning and amendment of zoning district map from Agricultural (A) and Light Industrial (I-1) 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 (I-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 fronting 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 707-700-7988; 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.

In Clover Hill Magisterial District, MT. 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 lying approximately 970 feet off the north line of Hicks Road across from Lockhart Road. Tax ID 759-694-Part of 3145.

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 conditions 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 I-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.

In Bermuda Magisterial District, TWIN RIVERS LLC requests rezoning and amendment of zoning district map from General Industrial (I-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.

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.

On motion of Mr. King, seconded by Mrs. Humphrey, 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 19-5 RELATING TO PENALTIES FOR VIOLATION OF THE ORDINANCES REGARDING THE NUMBER OF UNRELATED PERSONS IN SINGLE FAMILY DWELLIINGS

(1) That Section 19-5 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows:

(a) (1) General enforcement duties 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 permit, 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 zoning 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 guarantee, 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's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the county, upon the submission of satisfactory evidence that construction of such improvements has been 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.

(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 of planning or his agents may enter upon or search any real estate or improvements thereon only after first obtaining a valid search warrant unless either:

a. The entry or search is made after the property owner's knowing and intelligent consent;

(6) If 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 shall serve upon that person a notice to comply by either:

b. Mailing the notice by 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 the violation, comply with the condition 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 condition within 24 hours of service of the notice or receive an extension, or the person shall be subject to the penalties above.

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 amendment 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.

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, Mr. Micas stated only a personal motor vehicle is covered, not a commercial vehicle or a boat.

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

(1) That Section 13-51 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows:

(a) An annual registration fee is hereby imposed upon every motor vehicle, trailer or semitrailer normally garaged, stored or parked in the county.

(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) Vehicles owned or leased by a volunteer police chaplain. However, only one vehicle 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 the member may qualify for the exemption provided by this subsection.;

(6) Vehicles owned or leased by deputy sheriffs; however, no deputy sheriff shall be issued more than one such license free of charge;

(7) Vehicles owned or leased by police officers; however, no police officer shall 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.

16.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 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-built 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.

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.

On motion of Mr. King, seconded by Mr. Sowder, the Board deferred the public hearing to consider road impact fees until January 9, 2008.

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.

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.

Chesterfield Officials

BOARD OF SUPERVISORS

MINUTES

November 28, 2007