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09-14-94 MinutesBOARD OF SUPERVISORS S~te~e~ 14, L994 8upervisor~ in Attendance: ~r. J. L. Mc~ale, III~ Vice Chr~. Mr. Edward B. Barber Mr. Harry G. Dan%el Mr. Arthur S. Warren Mr. Lane B. Ram~ey County Adminigtrator Staff ih M~. Barbera Bennett, Dir., Office on Youth ~r. Craig Bryant~ Dir., M~. ~arilyn Cole, Exec. Asst. tc County A~min. Mrs. Doris R. De~art~ ' A$S~. GO. Admin., Legis. Svcs. and Intergovern. Affairs Mr. William D. Dupler, Building official Chief ~obert L. Eunes, Jr., Fire DeDar~ment Mr. Bradford S. He,er, DeDu~y Co. Admln., ~r. Russell Harris, County Ombudsman Mr. Lou Lassiter, Dir., Internal Audit ~r. John R. Lillard~ Dir., Airport ~r. ~obert L. Masden, Deputy Co~ Admin., Human· Services Nr. Steven L. Micas, County Attorney Mr. ~D~th ~rrotte, Dir.~ News & Infor~atlon servloes Col. J. R. Pittman~ Jr., Clerk to the Board Mr. Thomas H. spence, Actin~ Dir., General Services Mr. Jamam J. L. Stegmaier, Dir., Budqet & Management Mr. M. D. sti~h, Jr., Deputy Co. Admin.~ cormmunity Dr. Robert Dir., Libraries Sheriff Clarence Williams, Sheri~i'~ ~r. Frederick ~illis, Jr., Dir., Human Resource ~g~. Mr. McHale culled the re~tarly ~cheduled meetlnq to order at 3:10 p.m. 9/14/94 1. APPKo~AL OT MI~UTS~ 1,A, AUGUST 22, 1994 On motion Of Mr. Barber, seconded by Mr. Warren, tbs ~oard approved the minutes of August 22, 1994, as submitted. Vote: Unanimous On motion of Mr. Barber, seconded by Mr. Warren, the Board approved tb~ minut~ of August ~4, ~9~4, a~ submitted. Vote: Unanimous 2. COUNTY ADMINISTRATOR'S COHMENT8 ~r. Ramsay introduced Mr. Willis who stated the County has recently been notified that %he ~uman Ro~ouroe Management Department has been selected to receive an Achievement Award from the virginia chapter of the International ~ersonnel Managers Association (IPNA) for its entry entitled, "Jobsit~ Orientation Buddy System." He further stated the Program is d~sign~d to reCo~niu~ and encourage innovation and high standards in human resource management and the entry was selected bused cn its innovation~ results~ and adaptability to other juri~ictiun~ and was designed by the Cultural Diversity Committee. ~e briefly reviewed the Buddy System which ensures :ha~ sash new employee receives a personal welcome and t~at there i~ a comfortable work envlrornment for everyone. He recognized Captain David ~utton of the ~hsriff'e office; Mr. Charle~ Tucker of the Juvenile Detention Memo; and ~tr~. Mary Martin Tucker and Mr. Charles Lee, both of the ~uman Resource Management D~partm~nt, for their ~ffort~ and participation in e~tabl~shlng the Program. Mr. Ramsay congratulated staff on receiving the Award and for their initiative and innovation in establishing tbs Buddy system Program. Mr. Ramsoy then introduced chief Pittman who ~ated tbs county has recently been notifie~ that ~h~ Police Department has been ~el~cted to receive an A~h£evem~nt Award from The National Association of Uniform Manufacturers and Distributors far the best-dressed police force. He further stmted out of 5~ law enSorcsment agencies participating in the selection, only mine were selected to receive Achievement Awards. ~e introduced Officer Cyn~hla Lyons-Chambers, Off,car Jeffrey Verland~r, and Lieutenant Thierry Dupuis of the Polic~ Department, who were present to diaplay the County's summer, wln=er, and management police uniforms. ~e then updated the Board on e~tabllshment of the serious Habitual Offender Comprshensivo Action Program (SHOCAP) fn which the Board had directed ~taff to develop. ~e stated SH0CAP has been implemented in the county and is an inter-agency approach designed to identify and appregriately respond to serious and habituat cffender~ and e~pha~i~e~ system-wide coordination and information sharing among participating agencies through th~ police coordinator. H% briefly revie~sd the Program and its objectives. When asked, he stated SKOCAP allow~ t~e County to sha~e information with other agencies in an effort to obtain information on juveniles for offenses that may occur in other jurisdictions. ............... iL L~.~L .......... L t L ................. 3. BOARD OOF~{ITTEE REPORTS Mr. Warren ststed hs held a constituents meeting on September 12, 1994 with the topic of discussion being education and noted MS. Dianne Pettift, Clover ~ill soheel Board reprasentatlve~ and Delegate John ~a~kins were guest speakers snd that his next constituents meeting will be held October 3~ 1994 wit2% the topis of discussion being the olympic Festival and noted Mr. Robert Ukreps will be the guest speaker. He noted he has held approximately 32 constituents meeting to-date and that it has been rewarding to serve residents Of Clover Hill District Mr. Daniel stated he has attended several meetings with the new Regional Economic Development Publie/Private Partnership in which they are in tho process of developing goals and strat~gi~ for the organization. He further stated the Capital Region Airport Commission has sO2%eduled a meeting for septalnber 19, 1994 with ~r. Robert T. ~kunda, Secretary ~f state for Economic Development, tn share short and lc~g term goals of the Airport and ether issues of ~utual concern; that the Commission has scheduled briefings with State senators and members of the House of Delegates in October an~ a meeting with the Chamber leadership, the Economic Development Partnership Board cf Directers, and other key business leaders in the Richmond metropolitan area~ fo discuss the potential of the Richmond International Airport and funding resources; and that the Conuni~sion is loo~ing for a state/local government partnernhip to address the airport expansion and ~eels chesterfield will ba a leader in that endeavor. ~r. Barber stated he attended an orientation meeting fo~ new County teachers and the new James River High school orientation. E~ further ~tat~d he held his "First Monday" constituents meeting on Sea=ember 12, 1994 with the topic of discussion being the Midlothian area YMCA; that his next constituents meeting will be held October 3, t994 with the tople of dinaus~ion being th~ Drug and Alcohol Abuse Task Force; that he attended a meeting with the Richmond Area Metropolitan Transports%ion Plannihg 0rga~X~ation (~o) in which they met with federal highway administration agencies; that he attended Riolu~ond Alarm System's Association seminar on how industries cnn reduce false alarms; that he will be attending a meeting with the Walton Park Civic Association te discuss traffic in that area; that he will he attending the the Boulders Concert and H~nricus Day, both on September 18, 1994, and th= grand opening of Sears Homelife Furniture cn september 17, 1994. He noted he has a meeting scheduled to discuss shipping cargo for the Richmond International Airport and that he has been invited by the White House to attend the official welcoming of ~oris W~ltsin on September ~7, 19~4. ~r. ~cHale stated his constituents meeting was held on september 1~, 1994 with the topic of discussion bein~ ctu"~ent Connty issues and that the County Administrator was tl~e guest speaker; that he and Mr. Barber attended the Volunteer Firefighter Crad~ation on ~pt~h~r 1~, ~9~ and noted the contributions of volunteer fireflghters ts the County, s~ecifioally, saving the County approximately $2 milliena year with their volt,tear sez-~ice; and that he attended a Uir~inla Senate Local Government Committee meeting on August ~5, 199~- 4. RBQUEST~ TO FOSTPONE ACTION~ ~RGENOY ADDITIONS. OR CHAN~ES IN THE ORDER OF PRESENTATION On motion of Nr. ~arr~n, ~uconded by Mr. Barber, the Board moved Item 8.A., Consideration of Adoption of Resolution Supporting thm Abolition of ~arol~ to Follow Item 5., Resolutions and Special Reco~nitioD~, and as additional information, submitted the resolution regarding crime adopted at the Regional Su~mit; added Item S.S.i.d., Adoption of Resolutlon Recognizing Kanohes~er High school for Instituting e High School Crime Solvers Program to follow Item Adoption of Resolution Recognizing September 20, 1994 as "CheSterfield County Total Qnality Improvement (TQT) Celebration Day;" added Item ll.C., an E~mcutive Session Pursuant to ~ect~on ~.1-$44(A) (7), Code of Vlrqlnla, Amended, for Consult=tion W~th Legal Counsel to Specific L~al ~atters Relating to Sexual ~arassment Claims to follow I%~m ll.B., an Executive Session Pursuant to Section 2.1-~A.A.7., Code of virqini~, for Consultation with Legal Counsel Regarding Actual Litigation Relating to Enforcement of th~ UniforI~ Statewide Building Code; and deferred Item 15.C., Resolution Recognizing September 17-23, 1994 as "Constitution Week" until September ~, 1994 and, ~dopted the agenda, as a~ended. ~- R~OLUTIONS ~ND SPECIAL RECOGNITIOns There wer~ no Remolutions and Special Recognitions so~edulud at ~.A. ~ON$IDERATION OF ADOPTION OF RESOLUTION SUPPORTIN~ of a r~olution supporting the abolition uf parole. He introduced Delegate Cox. Delegat~ Cox reviewed crime statistics that indicate every twenty-three minutes a Virginian is ra~ed, murdered, robbed, or that a boy born in 1974 stands a greater chance of being a victim in crime than a soldier in World War II dying in co,bat; percent in the suburbs. He requeste~ the Board tO adopt a Allents plan include~ eliminating mandatory and discretionary mu~imu/~ good ti~e credit~ requiring participation in a work, rehabilitation, or drug program; and introducing t~uth-in- Governor Allen's ideas for addressing the need to build additional prisons. ~e stat~d he has visited hemes and businesses through~ut Chesterfield and Colonial Heights and citiz~n~ have voiced that addressing crime should bm the top priority and the plan, as proposed by Governor Alle~, will accomplish putting away violent ef£~nd~rs. Sheriff Williams stated he became the County's Sheriff in 1990 ~nd at that time, the County's j~ii was over populate~. ~e further state~ staff began working on a Jell annex and the oapaclty to 2~0. He noted in August of thle year, the County'~ the Sheriff's Departnen~ to assist in the overcrowding of the jail including the home incarceration monitoring ~y~tem camp program. M~ f~rther stated he supports the plan as 94-647 9/14/94 proposed by Governor Allen and he feels it is time for Virginians to come together in putting away violent their service to the community. Ee stated County ~itizens have voiced they want the current parole system changed; that the Mayor and city Manager in the City of Richmond have endorsed Governor Allen's plan; that colonial H~ights has just recently endorsed the resolution; that the Board now has the opportunity to represent the interest of the citizens; and urged the Board to adopt the resolution supporting Governor Allen's proposal to abolish parole. Mr. Daniel stated citizen meetings have been held iu his District for the past ~everal month~ on the i~mue of crime and the number one fear of the citizens is public safety. further stated he feels citizens want an end to violent crime and adoption of the proposed resolution is the appropriate step to take at this time. Mr. Warren expressed appreciation to Senator Martin, Delegate Cox, and Sheriff Williams for their prese~tatio~ and stated several ~onths ago, the Board agreed that a lot of ~ork needed to be done in the area of ellm~natlng violent crime. He Discussion, co=ants, and questions ensued relative to funding s~uroes for the prison building program] the funding issues not being finalized a~ this time; the opportuDity to use Obligation (GO) Bends and Virginia PUblic Building Authority (VPBA) Bonds for funding; citizens having the opportunity to vot~ on some of the funding resources by way of referendum; the anticipated cost of the prison building program; ways to save money such as double bunking and removing non-violent offender~ Srum ~aximum/me~ium £acilities; achieving savings through outs; and it being the responsibility of government to protect oltlzsns from vlolant offenders and this being a ~op priority. Mr. Barber stated he feels the issue of prevention ~heuld be a consideration in reaching children before they become violent offenders. Sheriff William9 stated he feels thi~ p~sble~ needs to be addressed and that everyone needs to come together to rid community cf violent offenders. ~e further ~tated he feels if action is not taken now, the problem will continue to e~¢alate- Mr. Mc~ale stated he feels citizens are concerned about crime and repeat offenders and this is an issue that n~eda to he acted upon. ~e further stated he also feels the is=us of prevention needs to be addressed and he supports the proposed proposed resolution for the abolition of parole. record by the Clerk. On motion of Far. Daniel, seconded by I~r. Warren, the Foard ~eaffi~d the ~elutien adopted the R~ional So, it on entitled, "Resolution Regarding Mandatory Sentencing Requirement and Elimination of ~arolo;" and adopted the £ellowlng resolution: R=$OLUTION FOR T~E ADOLITIO~ O~ PAROL= W~EREAS, violent crime is the single most serious issue facing Virginia today~ and WEEREAS many violent criminals serve only 17 percent of their ~entences~ and WHeReAS every 22 minutes a virginian is the victim of a senseless act of violence; and and ~EP~EAS d0 percent of all violent criminals hav~ prior criminal records; and decreases as the len~h of incarceration increases~ and ~EREAS a ~iolent criminal in prison cannot ha~ an innocent victim. NOW, TK~EFO~ BE IT RESOLVED, that the Chesterfield County ~oa~d of Supervisor~ ur~e~ the Virginia ceneral rec~endations of Governor Allen's C~ission to A~olish Parole effective January 1~ 1995, establish truth-in- ¢~nt~n¢ing, and ~ubstantially incr~a~ th~ ti~ ~srv~ for violent and repeat criminals. Vote: Unanimous (It i~ noted a copy of the regional ~esolution is filed wi~ On notion of Mr. Daniel, seconded by Mr. Barber, tb~ Board deferred a work session on the Quarterly Performance Report 7. DEFERRED iTEMS There were ne Deferred items scheduled at this time. NEW ~UsX~ES~ CONSIDERATION OF ~BTTiNG DATE FO~ A ~UBLIC HEA~ING ~r. Ramsay s~ated Mr. Daniel has requested the Boar~ consider s~tting ~e date cf September 21, 1994 at 7:00 p.m. for purpose of hearing oiti~n conm~nt for th~ appointment of Katoaca District Supervisor. wi~ citizen i~votveme~t i~ the proce~. ~e further ~tated has initiated and supported more public involvement on issues affecting citizen rights in ~he county ~ch as opening Board of supervisors meeting and having it televised; fostering evening meetings and ~oldinq zoning in the evening portion public hearings are not necessauily required. He stated he than in the election and selection process for a representative. He further stated the Charter only 94-649 9/14/94 the Board has the first opportunity to make that appointment and he £eels it is ~he duty of the ~oaMd to hold a public hearing to consider the selection of the Matoaca District Supervisor to receive citizen ~nDut on the merits of the various potential candidates. Mr- Panini then made a motion for the Board to set the date of September 21, 1994 8t 7:00 p.m. for a public hearing tu consider appointment of the Matoaca Magisterial District Supervisor. Mr. Warren seconded the motion and stated he concurs with the co~ents expressed by Mr. Daniel. ~e further stated he feels a public hearing would allow an opportunity for citizens to provide input and fo: the Board, collectively as a group, to get tc Rnow the prospective candidates and have them express their views, M~. KcHale oalle~ for the vote on the motion made by Mr. Daniel, seconded by Mr. Warrenr for the Board to set the date o~ September 21, 1SS4 a~ 7:00 ~.m. fc~ a public hearing to supervisor. Ayes: Mr. Daniel and Mr. Warren. N~ys; Mr. McH~le and Er. Darber. ~r. Willim stated last year th~ County and Schools received proposals from health care providers to provide health ~are services to employees over a three-y~ar period and County and Sshool staff resently completed the negotiation process for the 1995 Employee ~ealth Care Program. He further stated in order to p~cvide employ~s with quality h~alth care options within budgetary tarqete, etaff reoe~endm ~e Coun=y renew i~m contracts with itu current health care providers: Southern Health Servicea, C~NA, ~ruCaro, a~ Delta Dental. He ~hen r~vlewed employe~ health care ~nrollment under ire current changes in %he plan; and noted the Southern Health Select Plan will now have the same network as the Premiere Plan. ~r. ~arber expressed ap~recla=~cn to Mr. Willie and staff for thei~ efforts i~ stabiti=ing the changes and rates. M~. Barber then mad~ a motion, seconded by Mr. Warren, for the Board to authorize the County Administrator to renew health care contracts for the County's 1995 ~mployee ~ealth Care Program wit~ $0~tkern ~ealth Services, CIGNA, Prudential (ProC=re), and Delta Dental. suspen~e~ i~m rules at this time to allow simultaneous ~iuhmond Transit Company (GRTC) Board of Directors. Vote: Unanimous On motion of Kr. Daniel, ~eeended by Mr. Barber, the Board simultaneously nominated/reappointed Mr. Daniel K. Smith, Mr. David W. Mathews, and Mr. S. Joeeph Ward te carve on the Greater Riehmcn~ Transit company (GRTC] Board of Directors, whose terns are effective October 20, 1994 and will expire at the annual GRTC stockholders' meeting in 0ot0ber, 1995, and authorized the County Administrator or his designee to appear st the october 19, 1994 GRTC annual meeting to vote for the Directors appointed by the Board and Richmond City Council. ~.D.2. D~UG ~ ~L~OHOL ABUSE T~K FORCE O~ ~otio~ of M~. McHate, see0nded by Mr. Warren, the Board suspended its rules at this time tO allow ~iault~neou~ nomination/appointment of members to serve on the Dr~g and Alcohol Abuse Ta~k Force. Vote: Unanimous Os motion of Kr. ~arber, s~¢onded by ~r. Warren, the Board simultaneously nominated/appointed Mr. B~rry Curtis; Mr. Jonathan Dean; ~[r. Charles W. Hundl~y; Mr. Fred Carfares; end Mr. Thomas McGlynn to serve on the Drug und Alcohol kbuse Task Force, a~ at-large members, whc$~ term~ are effective i~ediately and will be at the pleasure of the Board. Vote: Unanimous Mr. Daniel submitted into th~ record a letter of s~ppor~ for appointm~nt of Mr. Charles W. ~undl~y to ~arve on the D~ug and Alcohol Abus~ Ta~k Force. APPOMATTOX BASIN INDUSTRIAL D~VELOPMENT ~ORPO~ATION On motion of Mr. Warren, seconded by Mr. Barb=r, the Board suspended its rules at this time to allow simultaneous no~ination/r~appo~ntmeDt of a m~nber ~e serv~ on the A~emattox Basin Industrial Developnent Corporation. Vote: Unanimou~ On motion of Mr. Warren, smconded by ~r. Barber, the Board simultaneously nominate~/reeppointed The Honorable J. L. Nc/~ale, IIT to serve as th~ County's business representative on ~he A~omattox ~asin Industrial Development Corporation, whose term is effective October 1, 19~4 and will mxpire September 30, 1995. Vote: Unanimeu~ On ~etion of Kr. Daniel, seconded by Mr, Warren, the ~oard suspended it~ rules at this time to allow simultaneous nomlnatlon/r~a~pointmen~ of member~ to ~erve on the Debris Manifest Appeals Board- Vote: Unanimous 94-651 9/14/94 On motion Of Mr. Daniel, seconded by MU. Warren, tke Board simultaneously nominated/reappointed Mr. Fred Carfares, Mrm. Dona S. Link, and Hr. Glen ~. Hill to serve on the Debris Manifest Appeals Board, whose tel~ms are effective October 12, 1994 and will expire October 1~, 1996. 8.E. ~ONSID~R~TION OF ~OIdM~NITY DBVELO~M~NT BLOCK STREETLIGHT INSTALLATION ~OST APPROVAL On motion of ~r. ~oHale, seconded by ~r. Warren, the Board approved the following Co,unity Development Block Grant stree~light installation cost approvals in the Grindell creek Park area adjacent to the Route ~/301 Corridor: * Addington Avenue, midway between Caldwell Avenue and Oriole * Caldwell Avenue and Castlewood Avenue. Caldwell Avenue, ~iddle of ~900 bl~ok. * Ca,dwell Avenue, north end near city limits. * Caldwell Avenue, vicinity of 50t4. * Caetlowood Avenue, be%wean Caldwell an~ Oriole. * Ca~tlewood Avenue, between Celdwell and Oriole. * Ca~tlewoo~ Avenue, middle of block between Douglas and Caldwell. * Douglas Avenue, ~eoond ~ule in from Falling Creek Avenue. * Falllnq Creek Avenue, between Jefferson Davis Highway and * Falling Creek Avenue, midway ~etween Huband Avenue and Oriole Avenue. apartments. * ~uband Avenue, midway between Fallinq Creek Avenue and Pate Avenue. * McCartyAvenue~ n~dway between ~ddlngton Avenue and Or~ole * Oriole Avenue, midway between Addingtsn Avenue and ~cCerty * Oriole Avenue, midway b~twa~n C~s%lewoo~ Av~n~e and * Oriole Avenue, secend pole in from Falling Creek Avenue. * ~ayo Avenue, secon~ pole in from Falling Creek Avenue. (It in noted there is no ~o~ to in~all the On motion of ~r. ~¢Hale, seconded by Mr. Warren, tAe Boar~ approved the following streetlight installation cost approvals in ~ermuda ~gisterial District: * Intersection of Hackberry Lane and Starpine Road (Revised Cus~ Approval) A~d~tional coat to install light: $236.97 94-652 9/14/94 8.G. CONSENT IT~B 8,a,1. ADOPTION OF RESOLUTION8 On mo=ion of Hr. Barber, seosndod by Mr. Warren, the Board adopted the following resolution: Chesterfield County since 1~13; and WHEREAS, Ms. Albright has devoted her adult years to the ~ducation of children in Chesterfield County; and WHEREAS, The ~onorable Whaley M. Colbert, Chairman and was one of Ms. Albright's students; and enriched several generations of Chesterfield youth; and the ~a~oaoa District for mor~ ~han forty years; and Hill ~raneh Library the "Shirley C. Albrlght Building." resolution b~ pe~anently recorded among the papers of this 8.G.l.b. RECOGNIZING ~IRL S~OUTS UPON ATT~ININ~ T~ ,~OLD 8.~.l.b.I. N~. O~ROLINE V. /4;0kTIN, TROO~ On mo~ion of ~r. ~arber, seconded by Mr. Warren, t~e Boar~ adopted the following reuulution: WHEREAS, th~ Girl Scouts of the United ~tates of America founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, t~e senior Gi~l Scout C~allengo, and designing and impl~mentlng a Girl Scout Gold Award project; and WHeReAS, =he Gold Award is the highest achievement award in Girl Soouting and symbolizes outstandinq accompli~h~ent~ in the areas of lea4er~hip, community $~rvlce, car~er planning, ~EREAS, the Gi~l Soout Gold Award can only be ~arned by girls aged 14-17 or in grades 9-1~ and is received by loss than 6 percent of those individuals entering th~ Girl ~couting 94-653 9/14/94 WHEREAS, Miss Caroline V. martin, Troop 1~0, sponsored by Providence Unitsd Methodls% Church, ka~ accomplished ~h~se high standards and ha~ b~sn honored with the Girl scouts of the United States of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WH~Ik~AS, growing through her experiences in Girl S¢~utlng, learning the lessons of responsibl~ citizunshi~, and pridin~ herself on ~he gre~t a¢complishm~nt~ of h~r County, Caroline is indosd a member of o new generation of proparsd young citizens of whom we can all be very proud. ~OW, THEREFOR= B= IT Rt$OLVZD, ths~ the Chesterfield County Boa~d of Supe~¥isors ~e~eby extends it~ songratula~ions to Miss Caroline V. Martin and acknowledges the good fortune of th= County to have such an outstanding y0~g woman as one of its oi=izens. On motion of Mr. Barber~ ~econded by Mr. Warren, the Board adopted the following resolution: WHEREAS~ the Girl Ssouts of the United states of America is an organization ~erving over Z.6 million girl~ an~ was foundad tn promote citizenship training and personal development; and WS~R~S, after Gaming four int~r~nt project patche~, the career Exploration Pin~ the senior Girl scout Leadership Award, the Senior Girl scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl sooutin~ and symDolizes outstanding accomplishments in the areas of leadership, community.service, career planning, and personal dovslcpment; and W~A~, tho Girl Scout Gold Awsrd can only be earned by girls aged 14-17 or in grades 9~12 and is received by less than · percent of those ind~v~dual~ eh:sting toe Girl WHEREAS, Miss ~e~edit~ A. ~artin, T~oup lO0, sponsoued by Providence united ~e~hodi=t church, hs~ accomplished these high standards and ~as been honored wit~ thu Girl Scouts of united states of America Gold Award by =he commonwealth Girl Sse~t Council of virginia; and WHEREAS, growing through her experiences in Girt Scouting, learning the ~esson~ e~ responsible citlzenshi~ end ~riding herself on the great accomplishments of her County, Meredith is indeed a member of a new generation of prepared young citizens of whom we can all he very proud. NOW, TH~P~FOR~ B~ IT R~SOLV~D, that the Chesterfield County Board of supervisors hereby extends its congratulations to Miss M~redith A. Martin and ac~nowledge~ th~ good fortun~ of the County to have such an outstanding young woman as one of its citizens. 94 654 ~/1~/94 8.~.1.¢. RECO~NIZIN~ SEPTF~BER 20. 1994 ~S.~]{~TERFIELD COUNTY TOTAL QUALITY IMPROVEMENT (TQI) on Notion of Mr. Barber. seconded by ~r. War~n. the ~ourd a~opte~ the following resolution: ~5{EREAS, Chesterfield County is a First Choice co~ity demonstrating azcellence in public ~ervlce; and ~ER~S, ~terfield County i~ damply codified to the continuous impruv~men% of s~rvices for th~ benefit of all its systematic Total Quality Improvement initiative, demonstrating public sector leadership and a genuine desire to improve ~ucc~mfully trained num~rou~ staff in ~ality improvement ~R~9. County employees have demons=rated outstanding efforts; and WE~R~S, these efforts have rasulte~ in =he successful completion of numerous quality improved%ut projects, providing b~t~r ~erwices ~ citizens mn~ %hereby e~ancing the quality County Hoard of supervisors doss hereby e~ress its sincere appreciation to all employees for their ~ediGated effor~ to their time and talents by proclaiming September 20, 1994 "~esterfield County TQI Celebration 8,G.l,d, REBOLUTION OF APPREGIATIO~ TO F~NGEEBTER HIGH On motion of Er. Barber, seconded by ~n~. Warren, the ~eard adopted the following resolution: WHEREAS, Manchester High School has instituted a High School Crime Solvers Pre.ram; WHEREAS, instituting and supporting such a program ha~ be~n a joint effort by the Chesterfield~Colonial Height~ Crime Solw~rs Board of Director~, the administration, faculty, staff, students, and P.T.A. of M~n~hester High School~ and WH~EAS. thereby the students at ~anchester High have said to those who would contmit crimes, "net here"; and %~t{EREAS, Chesterfield County/Colonial ~eight~ Student Crime Solvers Program has been reeogalzed by the Governor's office of th~ CommOnWealth of Virginia as a model program; and ~EI{EAS, such positive action is in the interest of the school, the coun~y~ and the commonwealth; and 94-655 9/14/94 .......................... L .... ~ _..I L I L contribution. ~OW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors commends ~anchaster ~igh Sc~ool and all those involved in this effort on their initiative and public spirit in implementing and supporting this program to reduce crime end improve the quality of life for all citizens. Vote: Unanimous on motion oS ~r. ~arber, se=onded by ~r. Warren, the Board waived~ as provided in the Virginia code, t~e necessity to read the minutes of Board meetings in order for them to be signed by the new Board Cha~rm~n. ~ote: Unanimou~ ~,~.z. A]~PROVAL OF ~ENDNENTS TO ~ERVIGB AGREEMENT WITH RIVERSIDE R~ION~ JAIL ~TBORIT¥ On motion of ~r. Barber, seconded by ~r. Wmrren, the Board approved amendments to the ierviceAgreement with the Riverside ~egional Ja~l Authority, which amendment~ will allow Chesterfield County to hold 250 inmates at the County Jail Facility instead of the 190 inmates allowed by the current agreement; and an amendment which will substitute the County's currant $~ millioa obligation under the bond anticipation notes for a $3 million obligation under the ps.anent bends d~ing the antlciDated censtruotien period. (It is noted a copy of the amendments is filed with the papers of this Board.) Vote: Unanimous $,G,4. ~UTHO~ZkT~0N ~OR GOuh"~y ADMINISTRATOR TO EXECUTE PROJECT AGRBEKENT WITH CE]4TR~L ~RG~NI~ W~%STE AUTHORITY FOR HOUSEHOLD H~SARDOUS WASTE authorized the County Administrator to execute a special project agreement between th~ Central Virginia Waste Management Authority (CV%~i{A) and Chesterfield County for a Household ~azardous Wast~ Collect~on~ Hauling and Disposal Program, which Program expansion.) Vote: Unanimous au~huri~ed the county Administrator to make application and accept Federal Aviation Administration (F~) eR~ ~tate De~ar%ment of Aviation (VDA) Grast~ and enter into contracts with the Federal and State government~ for expenditure of funds; authorized ~ha Cuunty Admlnistrator to solicit bids for Airport Improvement Project~ (Corporate Ts×ivey a A~ociated Apron Construction and Aseocla~ed Engineering Fee~) and enter into contracts with applicable lowest responsive and responsible bidders; and appropriated all Federal and State ($37,096) funds allocated for this project. (It is noted the balance of ~he funds, ~24~490t is available in the Airport Capital Projects Fund to match the Federal and ~tate 8.G.6. A~RO~Ri~TION OF ~U~DS On mo{ion of ~r. ~urbar, seconded by Mr. Warren, the Board appropriated $17,000 from the Dale Dimtrict Three Cent Road Fund for the rssurfacing of Gravelbrook Drive and Chicora Drive and authorized staff to enter into agreements with the Virginia Department of Transportation/contractors ts have the paving completed. Vote: U~animous On motion of Mr. Barber, seconded by Mr. Warren, the Board appropriated $~00 from the ~ermuda District Thre~ Cen~ Rued Fund for repairing potholes on Lindberg Dr~ve. DATE ~0R ~DBLI~ HEARING TO 00NZZDER AN ORDINANCE TO AKEND THE CODE OF THE COUNTY OF (~{E~TERVIELD. 9,i-3,1 THrOUgH ~,1-7 RELATING TO FIRE PREVENTION ~N~ PROTECTION On motion of Mr. Barber, seconded by Mr. Warren, the Board set the date of October 12, 1994 at 7:00 p.m. for a public h~arlng =o consider an ordinanc~ to amend thm Code of the County of Chesterfield, 1~78, as amended, by amending and reenacting Saotion~ 9.1-3.1 through 9.1-7 relating to fire prevention and protection- Vote: Unanimous 8.~.8. REQUEST TO APPROVE CONTRACT AND SET DATE FOR PUBLIC ~IN~ TO ~ON~TD~R ~t~W~ OF L~D ~OR ~EN~EY STATION On notion of Mr. Barber, seconded by Mr. Warren, the Board approved a contract for the exchange of a 0.10 acre parcel for e 0.03 acre parcel, w~ich i~ needed to ~ake the n~cessery reed improvements in conjunction with the construction of ~ensley ~ire Station, from Mr. Harry L. Hamilton and M~. Elleen W. Hamilton; authorized the County Administrator to sign the 1994 at 7:00 p.m. for a p~lic hsaring to consider th~ sxchange of land for Bensley Fire ~%ation. (It is noted a copy of the plat ~ filed with ~ pa~mr~ of thls Board.) 8.S.9. REOUESTS FOE BINSOIRAFFLE PERMITS on motion of Mr. Barb@r, ~econded by Mr. Warren, the Board approved raffle permitm for Bensley-Bermuda Volunteer Re, cue SqUad, Ladies Auxiliary7 Chester Jaycues; Endowm=nt Fund of the Memorial Child Guidance Clinic; and L. C. Bi~d High SChool Music Boosters, for calendur year 1994. Vote: Unanlnou~ INITIATION OP ZONING APPLICATION FOR C~NTERPOINT~ On motion of Hr, Sarber, ~ecen~ed by ~r. Warren, the ~oard initiated a zoning application to amend e conditional Use ~lanned Development (case $~$117 and SPSNQlPO); waived 4g-1(1) 6; and appointed Senior Battalion Chief Paul Shorter as agent. B.S.~i. REQUEST TO QUITCLAIM PORTION OF A FIFTEEN FOOT WATER Administrator to execute a quitclaim deed to vacate a portion a copy of the plat is filed with the papers of this Board.) Vote: Unanimous approved a request from ~r. and ~r~. William C. Hahn to con~truot a treated wood fence within an existinq sixteen foot subject to the execution of a license agreement. (It iu noted a copy of the vicinity ~ke~ch io filed with ~he paper9 o£ thio Board.) approved a request from Prince G~orge Service Corporation to install e private water service within a sixteen foot water Incorporated, ~ubjeot to the execution of a license agreemen~ and a water connection agreement. (It is noted a copy of the plat i~ filed with the papors of thio Board.) 8.~.1~. DRSI~NATION OF RIGHTS OP WAY 8.G,13.a, ~EB Bi~I~ ROAD On motion of Mr. Barber, seconded by Mr. Warren, ~/~e Board designated righ~ o~ way for James River Road and authorized the County Administrator to execute the necessary declaration. (It is noted a copy of the vicinity sketch is filed wi~hthe paper~ of this Board.) Vote: Unanimous 8.G.13.D. WEST KRAUSE On motion of Mr. Barber, seconded by Mr. Wnrren, the Board designated right of way for West Krauss Road and authorized the County Administrator to execute the necessary declaration. (It is noted a copy of the vicinity sketch is filed with the papers of this Board~) adoR~e~ ~e followin~ resolution: WHEREAS, t~s Virqinis Department of Transportation has conjunction with Project Q~88-0~0-10~,CS01, and, as a i~ r~que~ting the Board of Supervisors to abandon portions of roads no longer ssi-ring a public need and to approve the addition of new roads aR~roved by th~ ~up~rvlsors doss hereby abandon, as a part ef the secondary system of state highways~ a portion of Newby~ Bridge Road by the Virginia Department of Transportation, which ~ketch is incorporated herein by reference, pursuant to section 33.1-155, hereby approve bbs addition of a portion of relocated Newbys Bridge Road, Courthouse Road, Belmont Road, Clalrpolnt Road, of ~tat~ hiqhwaym identified o~ the abeve referenced sketch, ~NS, BE IT FURTHER RESOLVED, that a certified copy of this resslution ~e forwarded to the Resident ~ngin~r for the Virginia Department of Transportation. does hereby request that the Commonwealth Transportation Bridge Road (Routs 651] and Claypoint Read (Route 651) hereby secondary system of ~tats highway~ pursuant to Section 33.1-154 of the Code of Virginia. 94-659 9/14/94 8.~.1~. ACCEPTANCE OF PARCEL OF LAND ALONG OLD STAGE ROAD FROM FIBERZ FEDERAL CREDIT UNION On motion of Mr. Barber, seconded by Mr. Warren, the Board accepted, on behalf of the Countyr the conveyance of a parcel of ]and containing 0.65S acres along Old Stage Road from Fibers Federal Credit Union and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is file~ with the papers of this Board.) Vote: Unanimous 8,~.16. APPROVAL OF UTILITIEB O0NTRA~TB 8,G.l~.a. ASRBROOK. BBCTION 5 ~ND ASHBRDOK PARKWAY BX~NSION On motion of ~r. Barber, seconded by Mr. Warren, the Board approved a utilities contract for Ashb~ook, ~eotion E and A~bbrook Parkway ~×ten~ion~ Contra~t ~umber 9~-0056, as follcws, which project includes 2,810 L.F.+- o~ 12 inch wu~er line and 2,12S L.F. of 18 inch wast~w~ter line and authorized tho county Administrator to execute any necessary documents: Developer: S & B Development Company of Virginia Contractor: R.M.C. Construction Company Contract Amount: ~stimated Total Total Estimated County Coat: Water (Oversizing) $ Wastewatar (Ovarsising} $ 36,476.16 {R~fund thru ~onn~ction~) Estimated Developer Cost: $164,300.14 Code: Wa~er (Oversizing) ~S-~72VQ-~4C Wautuwater [Oversizing) 5N-572V0-E4C Vote: Unanimous On motion of Mr. Barber, seconded by Mr. Warren, the Board Contract Number ~3-022~, as follows, which project includes 1,411 L.F.+- of 10 inch wastawatsr line and authorized the County Administrator to e×~cute any necesmary determents: Contractor: Coastal Utilities Contract Amount: Estimated Total $122,481.44 Total Estimated County Cost: (Refund thru connections) Estimated Developer Cost: $11~,B16.53 Vote: Unaninous On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the following reports: Mr. Ramsey presented the Board with a report on tbs developer water and sewer contracts executed by the County Administrator. Mr. Remsey pre~ented the Board with a status report on the General Fund ~alance; Reserve for ~utu~e capital Projects; School Beard Agenda. Mr. Ramsey stated the virginia Department of Transportation has fore,ally notified the County of the acceptance cf the following roads into the State Secondary System: ADDITION8 L~NGTH Route 4564 (Thornhill Drive) - P~o~ Route 828 to 0.~6 mile West Route 828 Route 48~5 (Farmstead Way) -- From Rout~ 4564 to 0.07 mile southeast Route 4864 Route 4866 (Thornhill Court) - From Route 4864 to O.OS mile South~a=t Route 4~64 Rout~ 4867 (Ro~khavgn Drive} - From Route to ~.07 mile South Route 4864 Route 486~ (Rystock Court) - Prom Route 4864 tu 0.04 mile ~outh Route 4854 Route 4869 (Nominl Court) - From Route ~85~ to 0,04 mile Southwest Route 4854 SECTION 2 - (Effective Routs 4865 (Thornhill Terrace) = From Route to 0,07 mile ~erthweat Route 4864 ~oute 4869 (Thornhill Place) ~ From Route 4864 to 0.15 mile ~ortheast Rout~ 4864 WALTON BL%rFF - (Effective Route ]760 (Walton Bluff Parkway) - From mile North Route 3768 to 0,10 milo Southwest R~ute Route 3985 (Walton Bluff Landing) - From Reute 3750 to Route 3986 Route 3986 (Walten Bluff Terrace) - From ~.1~ mile ~outh Route 39S5 to 0.14 mile ~ortheast Roots 3985 Route 3987 (Wa/ton Bluff Circle) - From Route $9~$ to 9.04 mile ~sst Rou=e 3986 Route 3988 (Walten Bluff Court] - From Route 5986 to 0.04 mile East Rout~ 3gq6 Route 3989 (Walton Bluff ~!aee) - From Reute 3985 to 0.03 mile Northwest Ro~te 3986 Vote: Unanimou~ o,4~ ~i o. o? Mi O. O~ ~i 0. O? Mi 8,04 Mi 0.04 Hi O. 07 Mi 0 · 15 ~i 0.03 Mi 0,87 Mi O. 04 Mi O. 04 Mi 0.03 Mi 9/14/94 Mr. Daniel re~ue~Ted the Clerk to read each of the Executive Sessions separately to allow for each item to be voted upon individually. ll.A. PD~UANT TO SECTION 2.1-344.A.L.. CODE OF VI~GINIA~ R~LATIN~ TO DISCUSSIONS OF POTENTIAL APPOINTH~NT$ To Mr. Barber made a motion~ seconded by Mr. MeHale, for the Board 344.A.1.~ ~ode of vi~_qj%Dj~a, relatinq to discussions of potential appointments to ~atosca District Bupervisor position- ~r. Daniel referred to t~e minutes of August 24, 1994 in which he stated he would not vote for nor participate in any Executive Session or ¢!ose~-doo~ meeting cf the ~oard of ~upervisors representing Natoaca District. ~e ~urth~r s~ate~ he feel~ the~e items should be discussed in an open meeting fo~ ~he public te o~eerve and an open meetin~ i~ the only way the Board can he held accountable for its action=. He stated he will not vote in favor of holding this Executive Session. Mr. Warren stated based on the fact that he supported a public Supervisor and ~ince it did not pass by a majority vote, he would support the Executive Se~eion a~ he feels the board would Mr. Mc/~ale ~tated unfortunately the char%er does not outline the process in which the Board of Supervisors will select a replacement for one of its menbers and pest practise of the through two selection processes to replace Board members and feel the public haarin~ p~ocess is'the appropriate metho~ to determine the will cf the citizens and that the will cf the citizens con only be determined t~rough an election. He then Boar~ of Supervisors upon their resignation or death in office. Mr. Daniel stated he believes that i~ currently cowered by ninety-day windaw before general election, however, the Board Mr. McHale sta~ed it i~ his understanding =hat in Y. hi~ Dre~e~s, the Board has the opportunity to nominate an individual until general election. process, he would like the issue of hawing ~ special election to fill the remainder of a sup~rvisor's term included in the legizlative ~ackage ~s a Charter amendment. F~r. Micas clarified that discussion of a process ia not an appropriate E~ec~tive Session, but discussions of potential candidates, qualifications, and individuals is approprlat~. qualifications, and individuals is the intention of this ~×e¢~tive Sa~ioD. F~r. MeHale then called for the vote for the motion made by Mr. Barber, ~econded by him, for the S~ard to go into an Executive Session ~ursuant to Section 2.1-344.A.1., Cod~ of vir inia, relating to diacu~ions of potential appointments to Matoaca Di~trlct Superv±~or position. Ayes: ~r, ~¢Hale, Mr. ~arber, and Mr. Warren. Nays: Mr. Daniel. ii.B. PURSUANT TO SECTION 2.1-344.A.7., CODE OF ?IR~INIA FOR CONSULT~TIO~ WIT~ LEGAL COUNSEL REGARDING ACTUAL PURSUANT TQ 5ECTIOM ~.1-344(A) (?), COD~ O~ VIROlNIA, TO DI~CU~R SEECIFIC LE~ MATTER~ REL~TIN~ TO SEXu~ HARASSMENT CLAIMB ~Lr. Daniel made a ~oticn, seconded hyMr. Warren, fort he Boa~d Code of V~r~inia for consultation with legal counsel re~arding actual litigation relating to enforcement o£ ~he uniform Btatewide Buildinq Code and pursuant to S~ctlon Code of Virginia, ~950, as amended, for consultation with legal counsel to discuss ~pecific legal matters relating to sexual harassment claims. Mr. McHale, ~r. Barber~ and Mr. Warren went into E~e~ut~ve Session 9ursuant to Section 2.1-344.A.1., Ce.de of Virgini.~, relating to discussions of potential appointments to ~ateaca District Su~ervieer position. Reconvening: On motion of Mr. McHal¢, seconded by ~ir. Barber, the Board adopted the following resolution: WZ4ER~As, the Board Of supervisors has =his day a~journed into Exeeutiv~ S~ion in accordance with a formal ~ote Of the Beard end in accordance with ~he Drcvlslons of the Virginia Freedo~ of Information Aot; and W~EREAS, the Virginia Freedom of Information Act, ~ffectlve July 1~ 1989~ pro,ides for certlficatlen that ~uch ~eoutive Session was conducted in conformity with law. NOW, THEREFORE BE IT P~ESOLYED, the Board of Supe~isors does hereby certify that to th~ best of each m~ber's from open meeting requirements under ~e Freedom of Info~ation certificatien applies~ and ii) only such public bu~ine~ mattsr~ a~ were identified in the Motion by which the Executive Session was convened were heard~ dlsouesed, or considered by the Board. Ne m=mber dissents from this certification. The ~oard being polled, the vote was as follows: ~. Daniel : Did not vote as he did not attend. Mr. Barber : Aye, The Board ~hen w~nt into Executive Session pursuant to Section 2.1-344.A.7., Code of Virqinia, for consultation with legal the Uniform Statewide Building Code and pursuant to Section 2.1-344(A)(7), Code of Virginia, 1950, a~ amended, for connultation with legal ccun~l to di~cus~ specific legal matters relating to sexual harassmen~ claims. On motion of Mr. Barber, seconded by Mr. Warren, the Board adopted the following resolution; WHEREAS, tbs ~oard Of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the Bosrd and in sccordsnco with the provisions of ~ha Virginia ~r~edom of Information Act7 and WHEREAS, the virginia Freedom of Information Act, nffeotlve Jul~ 1, 1989, provides for certification th~% such ~xecutive Session wa~ conducted in conformity with law. ~0W, T~ER~FORE BE IT R~SOLV~D~ the ~oard of Supervisors does hereby certify that to the be~t of each member's knowledge, i) only public business matters lawfully e~empted from open meeting reguiraments under the Freedom of Information Act wsre discus=ed in the ~scutivs S~s~ion to which this certification applies, and ii) only suoh public b~siness matters an were identified in the Notion by which the Executive Session was convened were dissents from this certification. Th~ ~oard being p011md, th~ vot~ was ~ followm: M~. Daniel ~ Aye. ~r. ~arb~r : Aye. Mr. McHate : Aye. r~cessed to the Adm~nletrat~on Building~ Room 502~ for dinner. Vote: unanimou~ Mr. MoEale read into the record the following statement: "chesterfield County has been re,pensive tc citizens with Building Code compliance i~suea as evidenced by the Countyts ~eedine~ to go above and beyond an~ assistance specified by law. ~Cr example, cu~ ecmprekcnslve citizens Assistance Pro,ram, designed for people with home~ adversely affeched by expanslve soil, has many valuable components, inoludin~ ~rovisians for engineering studies, legal services, lean g~arantees, repair discount Droqram~, and help in following up an warranty claims. We have also worked with the ~aneral Assembly in changing the law to lengthen new home foundation warranties from one to five years and to lengthen the statute of limitations from one to two years. The staff has presented information regarding the recent ruling by the State Teohnical Review Board that requlras building inspectors to issue notices of violation whether or not the violation was discovered within th~ statute of The ruling does not appear compatible with any state or that this requirement will afford homeowners an~ additional cf limitations. This ruling could potentially provide for notices of violations to ~uilders for ~uildin~e constructed decades ago without a statute of limitations. After careful consideration of th* course that Chesterfield County should follow, we support the W~ will comply, however, with t~e ruling in %he in~erlm. County building officials will conduct inspections and issue notices will cover outstanding Code violations without ~egard %o th~ statute of limitations. A let%er will be mailed to all cur Citizens Assistance ~r0gram. This letter will inform them cf the ability to receive a notice of violation should they desire This request for legal review in no way diminishes the Countyts willingness to work with homeowners who feel they may have Building Code violations in ~eir ~omes. On t~e contrary, we will continue to do all we cum to work with individuals who do nothing to uctually improv~ the process. We expect th~ County Attorney to ask for the judicial review within ~ha next twa waa~s and we understand a ruling could take several months. Again, we will ismue notic~ of vlo]ation ag requested by hemeo%nlers althonghthere is not a legal ba~is for supporting these notices beyond the statute of limitations. We will continue to do so until such time am a legal ruling is rendered. Pinally, we thank all citizens for their patience and understanding aa we attempt to provide quality service to Chesterfield County. This approach ~ndersocres our ~ince~e desire to work within all appropriate avenues to address Building Code violations. Thank you." (It is noted'a copy of the statement is filed with the papers of this Board.) 94-655 9t~4t94 13, INVOCATION Mr. McHale introduced R~verend Nail Wheeler, Pastor of Chester Christian Church, who gave ~he invocation. · 4. PLEDGE OF ALLEGIANC~ TO TH~ ~L~ OF T~ UNITED 8T~TE~ O~ AMERICA Mr. Eddie Fisher, Troop S06~ led the Pledge of Allegiance tu the Flag of the United States of America- On motion of the Board, the following resolution was adopted: WH~, the Buy SeQ~h~ u£ America was incorporated byMr. William D. Boyca on February S, 1910; and WHEREAS, the Boy Seout~ Of America was foUnded to citizenmhip tralnlng, personal development, and fitnemm of iEdivid~alm; and WHEREAS, after earning at least twenty-one merit badges in e wi~e variety of ~ial~s, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating scout spirit, and living up to the Scout Oath and Law; and W~F~R~AS, Mr. ~ames Paul Dixon Troop 806, sponsored by Woodlake united Methodist Church~ has accomplished those hiqh standards of commitment and has r~ached the long-sought goal of Eagle Scout w~ic~ is received Dy less t~an two 9ercen~ of those individuals entering the scouting movement; and ~EREAS, growing through his'e~eriences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great aecomplimhments of his County, James indeed a me,er of a new generation of prepared younq citizens of whom we can all ~e very proud. NOW, THEREFORE BE IT RESOLVED, %ha% the Chesterfield County Board of Supervisor~ hersby e~tends its congratulations to ~. Jam~ Paul Dixon and acknowledges the good fortune ~e County to hav~ such an outstandin~ young man as on~ of its accompanied by his father, and congratulated him on his ou:standinq achievement. ~X~ Tv-s: THE VIRGINIA OFFIC~ OF ERERGE~CY ~EDICAL ~ERVIOE8~ ~ EHILI~ MORRIS. SYBT~4" Chief Eane~ int~oducedMr. Rich Adams with RDA and Associates; ~r. ~en MoK~el, Ms. Pam Magee, and Mr. Mike Raff with WRIC 8; ~4~. Tar~y Coy with the Virginia Office of Emergency Medical Serviee~; Mr. Eric Brough=on, ~-~. Daniel Lynch, Jr., and Jim Mohr with Philip Morris who were present to receive the r=~olutions. On ~0tion ef the Board, the following r~uolution was adopted: WI{EREAS, on A~g~$t 6, 1993, Chesterfield County assisted Colonial Neights, Virginia, with emergency response and recovery effort~ due to the tornedo that caused widegpread damage in thio area; and W~ERKAS, a team of very talented citizens provided their expertise to produce two outstanding videotape programs to document Chssterfield's assistance during this natural disaster; and ~7KF=R~AE, .thmme videotapes have be~n umad to infor~ Our coKumunity of our effort8 during this incident and to ammist other emergency or~anizati0ne nationwide in %heir trainin~ programs for similar ~mer~smc~ re~ponse~; and k~{EREAS/ the technical program titled "Tornado! Th~ applioati~n~ fo~ ~7 categori¢~ and awarded the high honor of a Terry ~oy with the Virginia office cf Emergency Medical Servicem; Mr. ~ric Broughton, ~r. Danlel Lynch, mr. a~d Mr. Jim Mobr with Philip Morris lot their assistance in making thes~ proqram~ a reality. A~D, ~E IT FURTHER RESOLVED, that a copy of this r~ol~iun be permanently recorded among th~ papers cf this Vote: Unanimous McKeel, Ms. Magee, Mr. Raff, Mr. Coy, ~r. Breughton, Mr. Lynch, PUBLIC NEA~INGB TO'CONSIDeR AN ORDINANCE TO AMEND THE ~OD~ OF T~E ~OUNT¥ OF CKESTERPIRLD, ~989, AS A~END~D, BY REPEALING ~ECTIONB ~.~-~65 THROUOH ~1.1-~96.1 ~ND ADOPTIN~ AND Mr. Stith ~tsted this date and tim~ ha~ b~su advertised for a public hearing to consider an ordinance relating generally to ~igns. He further stated at the Board's direction, th~ Planning Commission established a Sign Committee to rewiew ~igns in th= County; that the Committee met 1~ times o~er an 18 month period; and staff recommends a~proval cf the ~roposed ordinance. He then introduced Mr. ~irkland Turn,r, Planning A~mlni~trator for Plans Revlew~ te review the proposed ordinance. ~er. Turner reviewed the County's proposed sign standards as co,pared to He~rico County's and noted the County's sign requirements are slightly more restricted than Henrlcu~. ~e 94-667 9/14/94 ~tatsd staff has met with representatives frum the Richmond Board of Realtors regarding residential directional lea~-i~ ~igns and their Board has offered a compromise which would permit no more than two generic lead-ln slgna at any street interuection advertising residential prop=tried for uale, He furtl~er stated this compromise should reduce the proliferation Co~mittee's recomnendation regarding electronic me~sag~ signs in which the signs could be permitted with the 15 minute i~terval on message change or the Board can adopt a regulation with any time interval it feels appropriate. ~e stated another alternative available would be to adopt the proposed ordinance as presented and refer to the Planning Commission a separate ordinance amendment establishing electronic message signs as restricted uses in commercial districts. He further stated by establishing electronic message signs as restrictive uses, the Board could impose such standards as spacing between the sign~ and an interval on the time of message change. He noted if an applicant cannot meet those standards, they have the right to come before the ~oard with a conditional use application. Ne then stated an error in the draft ordinance allows the height of freestanding signs for public and semi-public uses to be 20 feet and provided language wnic~ c~anqes that to 15 feet for these types of signs. He briefly described benefits the ordinance will nave far t~e business community and stated staff recommends ado~tlon of the proposed ordinance. ~r. Warren eta~ed il was hie understanding that there was citizen input into the process and general agrge~e~t with the overall recommendations. Mr. Turner mtated there wa& a citizens committee, far.ed by the Planning Commission, that represented both businesses and residential neighborhoods, an~ the group agreed that th~ overall ord~nan~ ach~ve~ what they hoped it would, whiSe ~ome committee members might not agree with every part of the ordinance. F~. Warren e~ressed appreciation to ~[r. Turner, the Planning co~u~ission, the citizen eom/nitres, and staff for their efforts in de.eloping the sign ordinance. ~s. Terry ~ruitt stated she works for w.s. carnas construction on the Sign Commit=es. She reviewed several differences in the recommended ordinance and expressed concerns relative to the ~equirements, section (b)(5), relating to :he appeal prooess~ section (c), relating =e individually mounted or painted Height, Section (a), relating to the eignheight being measured Fre~standlng Identification Signs, relating ~o the height cf 3OO,000 sguare feet or greater in order to have a project identification sign and stated she feels the Board should considering lowering the cost of sign permits; the Retail the Sign Committee until ~heir last meeting; and whethe~ the development of the p~cposed ~ign ordinance. do~ not feel the process should be crltlolzed as the business community was everwhelmlng involved and represented on the Committee; that the new sign ordinanc~ is a 1Q~ easier to follow; that he feels the overall reason for redeveloping the sign ordinance was to benefit both the g~neral public and the business community; that an attractive bueiness area will attract more consumers and customers; that he feel~ Merchants can do a better job of selling, at less cost, by using ~aller ~ign at a lower height; and feels the revised sign ordinance, as recommended by the Planning Commission, along with inoreaeed enforcement efforts, is needed to imgrove quality of life and busines~ image of the County. He further sta~ed the Committee discussed electronic meesmqe signs and the consensus was that they ~o~ld be a distraction to motorists; thah the Committee eg~osed the message signs if it changed more t~an once every ~5 minutes; that the con~en~u~ of th~ Committee was to llmit directional lead-in signs 0nly for an open house; and expressed.conCerns relutiv~ to enforc~auent of having only two lead-ln sigma per interses~ion. Ha re~ueeted the Board give favorable consideration to adopting the proposed sign o~di~a~ce aa recommended ~y the Planning Commission. When asked, he stated Mar. Rusty Miller, General Manager of Leqgett Chesterfield Bus~nemm Council. R~altors, s~ated they feel directional lead-in signs are vital roadways that the County i~ Decking to ~ddre~s. she further continue to assist homebuyers and sellers, the Association ~upports limiting ~eneric directional lead-in signs into neighborhoodD to two and r~m~ving~e sign~ after the transfer sample o~ a ~our s~are foot generic O~otional lead-in siqn. suppor~s adoption ol th~ ~roposed ~ign ordinance; ~at h~ of available pro~erty is essential to efficiently properties ~vailable in the County; that prohibiti~ th~ u~ owners in the County; that generic directional ~ign~ will allow generic directional signs can be used by realtors throug~ouD ~e county. ordinance no~ allowing for larger signs an6 slgn~ being The same size and height for all bu~inen~s. ~e stated he submitted into ~e record a copy of his co--ants. concerns r~lative to siqns having %o be the same helqht and size as they w~ll block each o~ out. Ha then presented a brief video presentation on ~l~ctronic m~age ~ign~. stated he is opposed to trav~lin~ and flashing sign~ as they are hard to rea~; that a 15 minute change interval will no~ ~o~r' se~on~ int~rvat on ~he signs~ that no traffic accidents have been contributed to electronic me~ag~ ~ign~ anywhere in 94-~69 9/14/94 signs go up. Mr. Warren inquired as to whether multi-color displays bays been considered_ ~r- Tw~dt ~tat~d four color di~play~ are popular throughout The country and ~s an issue that could be regulated. He further stated flashing light bulbs on the ~igns conl~ be programmed into the display and he mupDort~ the four second interval and ne =raveling, flashlng, er bijou signs. Mr. Berber inquired as to whether the four second interval would increase Mr. Twedt's business as compared to the 15 minute interval. Mr. Twedt stated the 1~ minute change cycle makes the display undesirable, ~pecifi~ally, due to the cost investment involved. ~r. Barber then inquired as to the average cost of an electronic message si~n. Mr. I%~edt ~tated an average single line ~ie~lay costs approximately $15,000 - $1S,O00, but could be as high as SIS0,000. He further stated th~$e ~i~ hav~ been proven to ~f~ective in advertising products. Mr. ~ric Sunberg, owner of Southern Electronics, e~rpreseed electronic message sign; that if he knew he could only show his to a larger sign; that he feels an a~trlbute of the electronic message ~ign~ i~ they allow n~aller byte~ of m~aqe~ to. be shown at one time as opposed to the manual me,sage signs which electronic message ~igns ere the ~o~t cn~t effective way to advertise product~; tha~ he feels these signs will generate additional revenue for the County; and that they are used throughout the State and United ~tates and is the wave of the out-cf-date; that he supports the four second change interval; that limiting the signs in certain business zones could be negatively impacting hie end other ~rea businesses; that he is making a profit at his store since he has initiated his on this issue. he is in favor of a sign ordinance, however, i~ opposed to the gasolin~ on a d~ily b~si$ because one cent a gallon will ~h~nge supports price signs being e~smptsd or increased; smd feels that where there are two different type~ of businesses, sign Bourd to defer consideration of the sig~ ordinance to allow ~tafX tc meet with service station businesses to receive additional input. Ke stated he feels price signs need to be at to allow greater square footage of slqn area; and that he feels road. stations throughout the State. He further stated he owns the 94-67Q 9/14/94 ho ha~ received complaints from a neighborhood association r~garding hie signs; that he supports the use of banner~ and f~el they are bene£ioial to businesses; that he concurs with price signs being 25 square feet; and e~pre~sed concerns relative to problems he has personally encountered with tho interpretation of the current sign ordinance and the ordinance sta~ing in~stere signage could not be visible to %he exterior of the building. When asked, he stated the complaints he received abou= his signs was from the Deer Run Assooiatlen. He further stated he is building a Chevron Station across the street from his Citgo Station and i~ having problems with area resident~ on how wid~ th~ blu~ stripe on the canopy eho~id be. Mr. Dan McMurtri~, founder of Pullets Fast Food Restaurants, expressed the importance of ~ignage for ~all businesses; u~e of sign~ge being critical to a growing business; tha~ he feels tan ~uare feet of signals for reader inadequate for advertising; that his reader board is critical consideration of %he sign ordinance to receive additional in,ut There was brief discussion relative tc complaints received regarding Bullets ~es~aurant not being in compliance with the sign ordinance and %hat having prompted review of the ordinance when it displayed an illegal inflatable balloon sign advertising its business. ~L~. Mc/~urt~ie ~tated h~ is aware that he had a sign that violatlon and that his business has not used any illegal signs since that time. He further stated ks f~is inflatable balloons should b= allowed for special occasions such es a grand opening.' ~r- Warren stated he ~upports deferring adoption of the ~i~n ordinance to allo~ for further review. He further stated be understands the issues addressed regarding ~ha 25 square foot signs and he feels generic directional signs may be a positiYe idea. ~ohn Cogbill, ~squire, Chairman of the chesterfield Cou~cil~ stated the toenail ~as been involved in this process from th~ h~ginning; that he feels there have Dean some legitimate points expressed that w~rrant further consideration7 ordihance to allow for further review. Ee further stated he feels the propose~ ordinance ia a signifioen= improvement over pas~ sign ordinances and commended the sign Committee for their efforts in ad~resslng the ordinance. Mr. David stephens, owner of your Signs and Permit Serviees~ stated he feels ~erbiage in the proposed ordinance is follow; that certain Darts of the ordinance need to be reviewed further; that the Sign Committ~ ha~ done a goo~ job in 9utting the ordinance together; that fees for sign permits should be addresssd~ specifically, lowering the cost; and that he concurs with the comments already expressed t~at the ordinance needs to be enforced- There being n~ one else to address this ordinance, the public hearing wa~ mlomed. Mr. Barber stated he supports deferring adoption of the ordinance to provide an opDor=unity to ad~rese the conuurns uXpruss=d. H= further stated enforcement of the ordinance has always been a problem am it relates to violations and he feels the County needs to streamline its enforcement effort through the Po/ice Department. ~e ~ta~ed he feels electronic message signs serve a purpose in advertising and ~hould not be banned. On motion of Mr. Warren, seconded by Mr. Barber, the Board deferred consideration of adepting an ordinanoe to amend the Code of the County of Chesterfield, 1989~ ss amended, by repealing Sectlon~ 21.1-265 through 21.1-270.1 and adopting and enaoting Sectien~ 21.1-270.2 through 21.1-270~15 and amending Section 2i-i-~8i relating generally ts signs to allow st~ff an opportunity to summarize issues expressed through =he public hearing pracez~, zpecifically, concerning service stations, el~ctronio signs, generic direotienal signs, and other issues of concer~ until october 12, 1994. Vote: Unanimeus It was generally agreed to recess for five minutes. 16.E. TO CON~IDBR A~ O~DINAN~E TO AMEND TH~ CODE COUNTY OF CEE~TEP~TIELD. 1978. AS AME/~DED. BY AKE~DT~ publi~ h~a~inq to eon~ide~ an ordinance ~latin~ to ta~icab~ and other v~hicles for hire. ~ Barber stated he is chai~an of the Taxicab Advisory Board and recognized representatives of Vst~rans Taxis who were present at the me,ting. He noted he ha~ provided each Beard member a copy o~ an ~ditorial from tke aichmond Time~ Dispatch relating to After brief discussion, on notion of ~. Barber, seconded by ~ ORDINANCE TO ~END TKE d0DE OF T~E COUNTY Q~C~ESTERFIELD, 1~7~, AS ~NDED, BY ~ENDING County: amended, i~ amended and reenacted to read ~s fellows: For ~ purposes of this chapter, ~e following words and interohang~nbly meaning a passenger-car~ing, self-propelled motor v~icle maintained for hire by the public and operated upon th~ streets of the county in ~e transportation or between fixed terminals and having a seating capacity of not more than six (6) passengers but ~xcluding =o~on cmrriers of parsons or property operating as puDlio carrier~ under a ~-~7~ certificate of public convenience and necessity issued by the State corporation Commission or under a franchise granted by the county. Sec. 19.1-3 Certificate Of mUblic convenience and necemsitv. (a) ~equired. It shall be unlawful to operate or cause tm be operated within the county any for-hire car unless a ce~tifioate of'public convenience and necessity has been issued to the owner thereof by the chief of police coverlnq the operation of such vehicle and unl~mm th~ conditions, regulations and restrictions set forth and prescribed in this chapter have been complied with by such owner. An owner ohall operate under only one certificate, and ~he certificate shall provide for the operation of a specified number of for-hire vehicles. I% shall be unlawful ~o operate ar cause to operate more v~hisles than the number provided in the certificate. Additional for-hire vehicles may he operated by e certificate holder only upon written application on a form provided by the chief of police, approval of such appticaticn~ payment of fees this chapter. e 0 0 (g) Minimum specifications for vehicles. It shall be unlawful for a certificate holder to place into ~erwice a for- hire vehicle unless the v~hicle im a four~door, hard top vehiole and meets apecificaticns: 1. Wheel size: 3. Curb weight: or axuoeds ~he following ~inimum Fourteen (14) inch~ One hundred six (106) inches. 3&00 lbs. (h) Age and Mileage Limits of Vehicles Under Certi£icate: It shall be unlawful for a certificate holder to plase into service a far-hire vehicle which either is more than ton (10) model years old or which has more than three hundred thousand (~00,~00) miles at th~ time it is placed into ~ervi~e. Effective January 1~ 1995, it shall be unlawful to operate any v~himle for-hire which ~ither ig mor~ than ten (10) model years old or which has more than three hundred thousand (300,000) sec. 1~.~-4 Inspection of vehicleo. Every far-hire vehicle fur which a certificate ham been granted by the county shall he inspected by th9 chief of pmli=~, or mome member of =he division cf police designated by him or such ether reputable a~ency as the chief of police may prdscribe, at regular intervals of at least every twelve (12) months, and at such other times as the chief of police may prescribe, tf such vehicle shall be found to be in an unsafe, or to have inoperable air cmndltlonin~ cr heating equipment, the owner thereof shall be n~tified by the thief of police et once af sue~ defect and suc~ ve~icle e~all not be operated thereafter until such defect has been renedied. If upon inspection it is found that the odometer of a vehicle has been unlawfully tampered with, th~ vehicle ~hall be permanently rejected for u~e a~ a for-hire vehicle. Sec. 19.1-5 Assignment of color scheme, number, etc.. bv chief cf police. (a) There shall be displayed on every for-hire lettering clearly ~howing the name and number of the owner ther~o£ and 94-673 9/14/94 indicating that such vehicle i~ a for-hire car. Taxicabs shall use only the words "taxi", "cab" er "taxicab" to indicate that such vehicle is a for-hire car. The color scheme and the sfze, content and character cf such lettering and the position thereof on eac~h e~¢h vehicle shall be assigned by the chief of police and no vehicle shall he operated under the prcvi~ions cf thi~ chapter unless and until such assigned spe¢ificati~n~ have been complied with. The failure cf any owner to complete with such assigned specifications also shall constitute a violation of this chapter. (e) If a vehicle is for any reason taken out of service as a vehicle for-hire on a permanent basis, the owner of the vehicle shall within seventy-two (72] hours remove the assigned decal along with all othe~ i~dioia of the vehicle's use us a vehicle for-hire. (d) It ~hall be unlawful to operat~ a vehicle which meet the requirements of t_his section. Sec. 19,1-10 Roof light~ failure, ets,, to use. Eac~ taxicab ~all be e~ui~ped with a light prescribed by the chief of police mounted to the roof of the ~axi~ab which shall indicate to the publi~ that the vehicl~ is or ie not under hire. The roof light shall be lit when the car is available to the public for hire. Rooflights and meters shall operate by u~ of on~ switch only so that the light will automatically bs lit when the meter is not running. It shall be unlawful for a driver to ~ail, refuse or neglect to operate such roof light or to operate such light in a misleading manner, suoh light shall be inspected during such inspections provided i~ Section 19.1-4. Any taxicab found to have defective roo~ ligh= shall not be operated as a fo~hi~e until such defect is corrected. ,S~,..lSzlrl,4 Limitation on number of passengers in front and It shall be unlawful for a driver to transport in a taxicab more than the number of passengers for which the vehicle is equipped with operable seat bales that h~ve been lawfully installed whiGh, in any event, shall not exceed ~ix (~) passengers. sec. 19.1-26 certificate holder to have telephone listin=. Every certificate holder shall provide and main%aim a:.all times in the Greater Richmond telephone directory a listed telephone in the name in which the certificate holder is doing for-hiring business, by which calls may be made for for-hire service. ~f the certificate holder opera:es f~vs (~) or more for-hire Cer~ t~ tel~pho~ lis~ing shall also appear in the there ba~ net yet been an opportunity to publish the listing in the required direo=ories, the telephone number shall De available from the Greater Richmond directory a~siEtance service. 9114/94 See. 19.1-90 Record of ~alls to be keDt~ (a) The owne~ and the ~iver ufa fcr-hir~ car shall ke~p a "manifest", which shall be a permanent record of the transportation of each passenger. ~ach m~nifest shall include: (~) The date and time each shift begins and ends. o o s sec. 19.1-36 Revocation of ne~mit. Subject to t~c D~o¥i~ions cf Section 19.1-42, the permit of any driver cf a for-hire ear shall in~ediately become void and shall be immediately surrendered upon the occurrence of any of thc following: All drivers and certificate helder~ =hall notify the chief of police within fifteen (la} days of the occurrence of any e~ent enumerated in subsection (a), (b}, (o}, (d), (e) or (1) above. See. 1~.1-37 Issuance of permit after r~fusal; r~i~uanoe after revocation. Except as provided in section 19.1-9S below, any person Section 19.1-~6 ~hall ne~ be eligible for issuance 0£ e new under Sec=ion 19.1-35 no longer apply; provided, howe~er, that if a driver's permit is refused or rsvsked for knowingly making, or causing to be made, either directly or indirectly, rat=s ~re~cribe~ by section 19.l-S, or a d/~ver's psrmit is revoked under Section 19.1-36(d) or (e), such driver shall not be eligible un~il ~welve (12] mcnt~s from the date oS refusal or revocation. o o o S~c. I9.1-40 Revecation of certificate of n~_~3~......c.q~venience and necessity. Subject to the provision of Section 19.'1-42, the c~rtiflcat~ of public conv~ni~n~ and n~e~ity shall immediately become void and shall be im~edlately surrendered ~pon the o~urren¢~ of a~y Of the following: o o o (b) The chief of police determines, after investigation, that the certificate holder ia in violation of section 19.1-26, 19.1-30 or 19,1-91, and the certificate holder knowingly fails to comply with such sections within fifteen (15) days a~ter notification e£ ~uuh violation. Sec. 19.1-49 Reciprocity. Upon a find by the chief Of police that the city of Richmond, ~e~r~co County, ~anov~r County an~ any ~ounty or city contiguoua to Richmond, Henries Ceunty~ Hanover County or any of them has adopted mn ordinance containing provisions 94-675 9tl4/94 comparable to the county ordinance end providing~ for reciprocity with the county, then vehicles for which a person holds a current and valid certificate of public convenience and necessity issued by the City of Richmond, Henrico County, Hanover County, any county or city contiguous to Richmond, Honrico County, Hanover County or any of them and drivers who hold a current and valid per, it issued by the City of Richmondr Henries County, Ranover County, any county or ¢i:y contiguous to Eichmond~ Henri¢o County, Eanever County or any oft hem will be deemed to have complied with the certificate and permit requirements of this Chapter and shall bs d~emed to possess comparable certificates or permits~ as the case may be, issued by the ccunty whioh such city o: county certificates ar permits issued by the city of Richmond, Ee~rico county, Hanover County, any county or city contiguous to Richmond, Honrioo County, Hanover County or any of th~m shall b~ valid in the county where the hoZd~r oZ such csMti~icate s~ permit has applied for and b~en refu~ed a permit or certificat~ by the county~ or has had such permit or certificate revoked by,he county un,er ~ha provi~ion~ of this Chapter and is not eligible for i~suanc~ of That thio ordinance shall become effeotive immmdiately upon adoption. Unanimous 16. B/}JOURNF~E~T on motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 10:lB p.m. until September 2~, 1994 at 3:00 p.m. Vote: Unanimous County Administrst~r 9~-676