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10-22-1997 MinutesBOARD OF SUPERVISORS MINIITE$ O~ob~r 22, 1997 Supervisors in Attendancez Mr. Arthur 3. Warren, Chsirman ~r~- Renny B~ Humphrey, Vice Chrm. Mr. Edward B. Barber Mr. Harry ~. Daniel Mr. J. L, Mc~ale, III Mr. Lane B. Rameey County Administrator Staff in Attendance~ Mr. Joseph E. Beck, Jr. Utilities Dir., Airport Ms. Marilyn Cole, Asst. County Administrator Ms. Becky Dickeon~ Actin~ Dir.~ Budget & Mgmt. Chief F. W. Dotezal~ Fire Department Mr. William D. Dupler, Mr. ~ichael ~olden, Dir.~ Parks and Recreation Mr. Bradford S. Hamme~, D~puty Co. Admin., Mr. Russell Harris, County Ombudsman Public Affairs Mr. R. John McCracken, Dir., Transportation Lt~ Col~ Dennis G. McDonald, Police Department Mr. Richard M. McElfieh, Mr. Paul D. Patten, Dir., Real Emtate Amm~mmor Hr. Francis M. Pitar©~ Dir., Deputy CO. Admin. Management Services Mr. ~. D. ~ti~h, Jr., Depusy Ca. Admin., community Development Block Grant O~icu 4~00 p,m, On mo~ion of Mr. Mc~ale, s~condad by Mr. Warren, the Board approved th~ minutes of October ~ 199~, as submitted. 97-69~ Coalition, to brief the Board on activities relating to ~Petfix ~upport in recognizing '~Petfi~ Month" and for its monetary oversll dog and cat population. He further stated that Petfix 1997 involved eighteen humane associations and thirty and cats were spayed and neutered. He stated that since 1996, over 4,100 cate and dogs were spayed and neutered, Ne briefly reviewed the coalition's financial report and presented a copy of the report to each Qf the Board members. Mr. Ramsey stated that he and Mr. Kappel repzesented chesterfield County a~ the Virginza Municipel League and presented tko Award tu Lbs Board. Be stated that the Board uf Supervisors and the School Board set the tone for ~his Program to be a Counny Driority and should be reeo~nlzed for putt~q to,ether the information campaisn. invitation for him ~c join in the trip to Virginia Beach participat~ in th~ V~L recognition. Me recognized the support uf the citizenm towards the County's School System when 83.3 peroant of the population ~upporte~ $174~8 million for School System in 5he last bond referendum -- with 6~ percent of that population having no ~chool age children. He expressed appreciation to the VML for bringing thf~ ty~Je of honor to Chesterfield County. Mr. Eanes stated that it was an honor to supper5 the entire Kappel recently met with a representative from the Country of India, who ar~ sponsoring their first bond referendum for regarding its bond referendum. 3. BOARD COM~4ITTEE REPORTS There were no Board Committee Reports. at this time. 4. R~QU~STS TO P0~TP0~E ACTION. ADDITIONS, OR ORDER OF PRBBENTATION On motion of Mr. McHale, seconde~ by Mr. Barber, the Board added an Attachment to Item 7.B., TO Consider an Ordinance to Amend the Code Of the County ©~ Chesterfield~ 19~7, as Amended~ by ~endin~ and Reenactin~ 8ecti©n 9 14 Relatin~ to Real Estate Hearin~ to Consider the Conveyance of a Land Lease Located at 7424 Airfield Drive to Dominion Aviation Services; deleted Item 7,A,, Award of Contract to G. V. Layn~ for Lake ~vergreen Dam Executive Session Pursuant to Section 2.1-344A.7., Code of 97-696 adopted the a~enda, as'a~emded. 5. RS$OLUTION$ A~D SPECIAL RECOGNITIONS 5.A. RECO~NIZINGMR. L0U DF~%NFOR BIS FORTY YEARS OF SERVICE receive the resolution. On motion of the Board, the ~ollowing r~solution was adopted~ WHEREAS~ ~r. Leu Dean has been employed by WRVA radio for WHEREAS, Mr. Dean is currsn~ly host o£ ~hs nightly news/eom program on WRVA each week night from 6:00 - 7:00 and Eke voice of MRCVB Highway Radio and The Richnond Airport Eighway ~adie, among oth~r endeavore; and WHEREAS, Mr. Dean has served on more than a dozen area boards and organizations inc]udin~ the Science Museum of Tourism Task 7orce; and the Ma!~nont Foundation; and WHEkSAS, Mr. Dean's distinctive and memorable voice is WHERE~S, in all the~e things, Mr. Dean hss demonstrated a consistent concern ~or the education~ enlightenment and well- being of the ciUizen~ of Chesterfield County, the greater nation. LO~ Dea~ for hi~ lo~ and dedicatsd servic~ to so mann vi~al and public spirited endeavors and publicly recognizes his the sound o~ hi~ voice. ~ BE IT F~THER RESOLVED, ~hat 8 cody of this pe~anently recorded ~mon~ the papers of This soard of $upe~isors oi Chesterfield County, Virginia. expressed appreciation f~r his outstanding contributions to WRVA and Che~Ler~ield, and wished h~m well in hi~ ~utura 5.B. REGOGNIZING FIREFIGHTER MITCHELL 5. EUCHA~4A~ URO~ ~IS RETI~tEM~T Deputy Chisf Steve ElswSck introduced ~irefighter Mitchell L. Buchanan who was present to receive th~ r~s~lu~i~n. On metiu~ uf the Board, the ~cllowing re~olution was adopted: w~K~AS, Mr. MisehsI1 L. Buchanan bsgan his public sea,ice with the County as a fir%flght~r in the Chesterfiel~ County Tire Department cn Septsmber 1~, 2977 an~ has faithfully carved Chesterfield CoUalty for twenty years; mhd ~HEHEAS, by providing quality public service. Mr. Buchanan has symbolized the type o£ emDloyee Chesterfield seeks; mhd WHEREA~, Mr. Buchanan's desire to do a go~d job has been a primary f~ctur that has psrmi~tsd him to perform a~ a high level while always strivinU for %×c~llence and 9~ing beyond the WI~ER~AS, ~r. ~uch~n~n displaye~ ~ carin~ attitude toward all of his cu~tOmeru, oitun goin~ out of his way ~o help those being available to a~i~t his coworkers; and ~ER~, ~r. Buchanan has bee~ ef~ectlve in working with all groupm including co-work~ volunteers, and the citizens of Chesterfield County. ~Ow, T~EKEFORE BE IT ~SQ~D, that the Chesterfield CoUnty Board o~ Supervisors publicly reco~ni~e~ the contributions of ~r, Mitchell L. Buchanan, expresses the appruciation of all residents ~or his ~erv~c~ tO the ¢uun~y~ and ex~nds ~h~r apDreciation f~r his dedicated ~ervice to the bes~ wishe~ for m lun~ and haDpy retirement. ~, ~E IT FURTHER RESOLVED, 5haZ a Copy cf this resolution be presented ~o Mr. Suchanan and that this re~olution be permanently r~cord~d among the papers of this ~oard of Sup~i~ors of chesterfield County, Vir~inia~ Vote: Unanimous Mr. Warren and Mr. ~amsey p~asented the executed resolution to Mr, Buchanan, e~ress~d appreciation for his dedica=ed and quality service to the Coum~y~ and wished him well in hi~ Chief Dolezal presented Mr. ~uchanan wink his firs depar~men~ badge and identification card and commended him on his d~dic~ ~rvic~ to ~ke Firm D~pa~m~n~. Deputy chimf Paul Sh~r~r presented Mr. Buchaman with a ~wenty Mr. ~uchanan express*d appreci~uion for Vhe reco~i~io~ and for ~he oDDortuni~y to work for Cha~t~rfield County~ 6. WORK SESSIONS There wer~ no Work Sessions a~ this time. OF CKESTERFIELD, 1997, A~ AMENDED, BY AMENDING AND REENACTING SECTION 9 14 RELATINg TO REA5 ESTATE Mr. Ste~maier stated that the Board o~ Supervisors held a public hearing on September ~4, 1997 to =onsider an ordinance relating to real estate assessments and reasse~m~t~ further s~ated th~ ~he Boar~ def~r~d consideration of ordinance because thei~ concerns re~ardin~ the time allowed for ~© o~e Came fo-~ard tc ~peak at th~ public hearing. H~ stated that staff has now developed ~n option which would move both tho utart and the end of the process 55 days. He further sta~ed %h~ thi~ og~ion would add 15 days to the time which staff can devote to the reassessment process, re~ulting in mn ~ncreese in staff productivity and ~ality o~ Mr. McHale clarified [hal ssaff's recommendation !~ that the period for citizens to appeal tQ ~he Assessor will remain its current ~5 days and only the beginnin~ ~nd endin~ dates the pruce~ would be chan~ed. Mr. McMale =hen made a motion~ seconded by Mrs. Humphrey, for the Board to adopt ~ha followzn~ ordinance: ~ ORDIN~CE TO ~END T~ CODE OF TME CO~TY OF CE~$TERFIELD, !~7, AS ~ENDED~ BY ~ENDING ~D RE ENACTING SECTION 9-14 RE~TING TO ~AL ESTATE ASSESSME~S ~ R~SSE~SMENTE BE IT ORDAI~D by the Board o~ Supervisors o~ Chesterfield County: r~d as follows: Th~ a~SSor and nhe board o~ equalization shall follow the fallowing procedures in ~be assessment of real estate in the county~ <a) The ~al estate assessment office shall holily each ~ff~ct~d t~xpayer in writin~ on or befoFe February ~ o~ any year in which ~he assessor makes a new or changed The ~otice shall be mailed to the last known address sh~w~ on =he county land books. {b) Any affected ~axpay~r~ or person with a substsntial legal or ~quitabl~ interest in the property involv~d~ or any authorized representative of such persons, or any authorized written protest and appear before the assessor and preu~nt objections to the assessment by March 15 of the year in which (c) Such person may also, after filing a written wi~k and appaarin§ b~fore the assessor as provided in subsection (b), file a request for relief of ~he wi~k ~ha board of equalization no later than April !5 of oho The request shall be ~da on form8 p~esezib~d by the board of squallzation %nd made available ~hrough the office of r~al 10/22/97 ~7-699 assessments shall provide all tho~e reGuestin~ relief an opportunity to be heard in person, with witnessssf a~d by ceur~sel, but may also allow ~ubmissions of memoranda verified under oath. (d} The board of equalization shall publish notice in a newspaper having general circulation in the county, giving the reeler time and place of its hearings, and instruct the sheriff to post such a notice at the courthouse and at each accordance with Code of Virginia~ ~ 58.1-3374. (e) The bcaTd of equalization shall rule upon all protested assessments within 90 days from the date of hearin~ cT by June 15, whichever occurs first. The beard shall certify :o :he assessor all of i~s ac=ions that affect assessments of reel estate in the county. {f) The assessor's office shall prepare notice of ~hs decisions of the board of equalization i~ triplicate and one copy shall be filed with the mine%es of the board ef equalization, one copy shall be filed with the records ef the mailed, first class, to the protestant and affected taxpayer. (g) If no one files an application for relief by April I5, the board of agualization shall be deemed to have discharged its duties_ adoption. 8. ~W BUSINESS On motion of Mr. Daniel, ~econded by Mr. Mc~ale, the Board susp~d its rules at this time to allow simultaneous nomination/appoin~ment/reappoin~ment of membez~ to serve on the Dr~g and Alcohol Abuse Task Purse, the ~oard o~ ~uilding code Appeals, and the Industrial Development Authority. Vote: U~animou~ ~.A.1. DRUG ~ ALCOHOL A~USE TASK ~ORCE On motion of Mr. Warren, maconde~ by Mr, Daniel, the Board simultaneously nominated/appoint~d/r~appoin~ed M~ Carol Marshall and Ms1 Jo Owens~ repreeenting the Clovez Hill District; ~r. ~ohu Vetlinse and Mr. Wayne wa~kins~ representing Midlothian District; end Mr. James Kolland and Ms. Peggy Taylor, representing Dale Disurict~ te serve un thc Drug and Alcohol ~-~use Task Force, whose terms are effective immediately and will be at ute pleasure of the Board. Vote: Unanimous 8.A.~. BO~d~D OF BUILDIN~ CODE ~-PPEALS Mr, Bsrber recommended that Mr. Lor~nie Miller be appointed to Milla~ im ~ployed by the insurance industry and handles fi~e related cases a~d is also the District Chle~ aU Midlothlan Volunteer Fire Department. He further ~t~ted that Mr. Miller would bring a wealth of knowledge to ths Board of ~uildin~ Co~e Appeale in th~ area of fire preventlon and the insurance aspect of fire damage. ~ot~t~ 97-700 Board to simultaneously nominmte/appoint Mr. Lonnie Miller, to carve on the Board of Building Code effadtive immedls~ly And will expire Ju~e'30, 2001. serve on the Board of Building Code Appeals until November 12, There wee brief discussion relative to the District Building Code 8.A.3. iNDUSTRI~-L DEVELOPMENT AUTHORITY On motion of Mr. Warren, seconded by Mr. McHal~, th~ Board simultaneously nomlna~ed/appoin~ed Mr. J~hn ~ughe~, representing clover Hill Dis~rict~ ~o serve on th~ Industrial D~valQpr~en~ Authority, whose term is effective immediately and will expire June 3~, 2000. (It ~ noted that Mr. Hu~hes is filling the uuexpired term of Mr. william Barthlow who ~assed away.) 8.B. STR~ETLIG~6T I~STALLATIOW COST On motio~ of Mr. Warren, seconded by Mrs. Numphrey, ~he Board included the foil©wing private streetlights in the County Clover Hill Distrie= Old Eundr~d Rd. Plan~ers Wood Rd. (south] Court Ridse Rd. Planters Wood Rd. (north] ~ive Springs Kd. Old Fo~ Tra~l Nofthwich Drive 01d Fox Trail Timber Ridge Rd. Poplar Grove Road (north] 9optar Grove Road {Douth] Lan9 Shadow Ct. ~eatbbroek Rd1 Winterbe~ry Kidwe Dr. West Village Green Woodbriar Ridge Ct. AUTHORIZATION FOR BUILDI/~X~O~ICIAL TOA DOPT $t~II~K $~T,r, Building Official to ad~p~ shrink swell s0il tasting policy chan~es. ~e further stated tha~ the put, asa of thi~ policy is to apply soil testing requlremen%$ to all new dwellings shrink swell soil teszing Dolicy bain§ County-wide rather than bein~ reaZ~ictud to shrink sw~ll soil high probability areas a~d to the ces~ of the ~sZln~ Dslicy. ~x. baaiel ~ta~ad than he is comfortable with the testins policy changes and wants to en~ure t~e public understands Lhe policy. Mr. Dupler s~amed that County staff polled builders about this policy and that the results were that a number of tho builders wars performing the testing whether the County required it or not. the Board supp©rt this testing policy. Me referenced e letter to Mr. Russell Gulley, Chairman of Che Planning Commission, from ~r~ Jay F. Centa~ 9tats Soil Scientist~ expressing the need fo~ ~his County wide testin~ due to the types o~ soils copy s£ 5ha letter. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board ~d©pted the shrink ~well soil testin~ policy changes. (It is no, ed a copy of these chan~es are ~iled w~th the papers cf this Board.} Vote: Unanimous a.D. CONSENT ITEM~ Mr. Warren recognized tbs Honorable William' Davenport, Commcnwealth'~ Attorney, who wa~ present et the meeting in Furniture for the Commonwealth's Attornsy'~ office. Mr. Davenport ~e~uested tko Board's support of the item requesting ~unding to purchase ~urni~ure for nhe Commonwealth Attorney's Office. Mr. ~cBale introduced Councilwoman Dame Rice, with the City o~ Petersburg and Chairperson o~ the Appomattox Scenic River ~.D.l.b., Adoption of Resolution Supporting th~ Appomattox in Hamp~on. She requested that the Board support the ~.D.1. ADOPTION OF RBSOLNTIO~R ~.D.l.a. ~BQUE~TINGTHR VIRGINIA DEpAi{T~ENT OF TRANSPORTATION TO ACCEPT LINDBER~ DRIVE ~NTO T~]~ ~TAT~ ~ECONDAKY SYSTEM OF HIGHWAYS On motion of ~r. Daniel, ~ccnded by ~r. ~cBule, th~ Board adopted the following resolution: WE~R~A~, Lindberg Drive was sstablished on or before June 21, 1926, and currently serves at lea~t three f~miSie$ p~r mils; and W~EREAS~ the Virginia Department of Transportation has d~terminod Chesteriield County's current subdivision ordinancs meets all necessary requirements to quality Chesterfield County pursuant to 33.1-72.1, Cod~ ©~ Vir~inla; and speculative interest does net exist on Lindber~ Drive; and ?02 County Board of Supervisors requests the Virginia Department of Kiuhwaysj pursuant to 33.1-72.1 (D), Code oX Virginia, Lindb~rg Drive~ beginning at the intersection of Rsrrowgate Road in a clear and unrestricted right of way of fifty (50) fee for Lindberg Drive, suck righ~-sf-way being recorded in Plat Book ~igh~ distance, and drainage. Virginia Departmen~ of Transportation to improve Lind[berg Drive to the prescribed ~inimum standards, funding said improvemmntm pursuant to ~.Z 72.~ (D). Code of Virginia. SUPPORTING TKE APPOMATTOX SCENIC RIVER DESiGMATION On motion of Mr, Daniel, seconded by Mr. Mc~ale, ~he Board adopted the following resolution: WH~R~A$~ Khe Appomattox River from the abutman dam to the Rou%e 36 bri~g~ b~tween Petersburg and Ckssterfield~ was de~igmatmd a Scenic River in 1~77; and WHEREAS, The Appomattox Scenic River Advisory Hoard has r~q~ested, through the Virginia Department of Conservation and Recreation, to extend the ~ceuic river desisnation from its ~re~eut poin¥ a~ ~he Abutment Dam to witkin 100 £eet o~ the ~a~e of the Lake Chesdin Dam; and h~HEREAS, the Virginia Department of Conservation and Recreetlcn surveyed the River ~egment in question and found it to meet the criteria for inclusion; and kq4ER~AS! the designation wOUl~ enhance the commitmenu uu preserve and protect our rivers without ~dditional burden to landowners o~ State and federal reguta~icns; and monitor con~tru~tlon ~f major obstructions to the normal ~tow of ~he rivers. NOW, THE~FORE D~ IT RESOLED, that the Chester?laid County Board of Supervisors hereby supports ex~endin~ ohm between Lek9 Chef,in Dam and the ~PCO~u~men~ Dam. Vote: Unanimous CO~PO~TING SERVIC~ authorized the County Administrator to enter into a Special Project Service Agreement with the Centfal Virginia Waste ~ana~ement Authority (VCWRLA) for central yard waste c~mpcs~ing services. (It is noted that $1oo,000 ha~ been appropriated in the FYPS Operating Budget for zhi~ program, therefore, no additional fundin~ is recruited.) Unanimous 10/22/97 97-703 ................ [~J,~ ................................ [ .............. C051~ONWF~LTH'S ATTORNEY' 2 OFFICE On motion of Mr. Daniel, eeconded by Mr. MoRale, the Board appropriated SS,0OO in ae~et forfuitur~ iunds and traneferred Attorney for the purchase of furniture. APPROPRIATION OF DEVELOPER CONTRIB~ION$ FOR THERIVEE~ BEND INDUSTRIAL ACCESS PROJECT On motion of Mr. Daniel, seconded by Mr. Mc~ale, the Board appropria~e~ $25,350, in developer contribution~, fc~ the Rivers 2e~d I~dustrial Access Project. Vote: Unanimous SET DATES FOR PUBLIC HE;tRINGS TO CON~IDER AN ORDINANCE TO AMEND TNE CODE OF TEE Om motion of Mr. Daniel, ~econded by ~r. McHale~ the Board set ~he ~to o~ December 10~ 1997 a~ 7~Oo p.m. for a public hearing subdivision. 8.n.S.b. TO CONSIDER T~E COh~V~YANCE OF RIG~T-OF-WAY AND UTILITY EASEMENTS ON COUNTY PROp~RTYFORTH~ ROUTE 10 ROAD IMPROVEP~ENT PROJECT On motion of ~r. Daniel, seconded by Mr. McHale, the Board set the date of November 12, ~997 at 7:00 p.m. for a public hgaring 10 coneider the conveyance of right of way and utility easements on County property for ~he Route 10 Road Improvement Project. Vote: Unanimo~e various park ~itee and athletic complexes for operation of food 704 ALTE~ATIV~S,_.INC~RPO~ATED FOE PROPERTIES IN TLOVE~ HILL, MATOACAr AND MI~QTHIAN DISTRICTS On motion of ~. Daniel, ~¢cund~d by Mr. McHale, the Board set ~he date of Ncve~er 25, 1997 aU 7:OQ p.m. ~or ~ public hearin~ tu conui~er the ~ax exemption r~quests o~ Chesterfield Matoaca, and Midlehhian Districts. Vote: Unanimous TO CONSIDER 1) LEA~E OF ~AIR~ROUITDS PROPERTY TO ~'~E CHESTERFIELD COUNTY FAIR ASSOCIATION 2} AGRE~T PURCKASE OF THE FAIR ASSOCIATION'~ NOTE AND $} On motion of ~r. Daniel, seconded by Mr. Mc~ale, the Board se~ ~he date of Novembsr 12, 1997 a~ 7:00 p~m~ for a public hearinU to consider 1} lease of fairgrounds property to the Chesterfield County Pair Association, 2) agreement with Branch 5anking and Trust Company regarding purchase of 5he fair property. 8.D.6. STATE ROAD ACCEPTANCE This day the C~unty ~nvlronm~mtal Engineer, in accordan=e wi~h directions fr~m thi~ Beard~ made report in writing upon his examination of the road, Re,fin M~ll Circle, B~rmuda and Whereas, the Resident Engineer for th~ Virginia Department of Engin~ring~ th~ ~treet, Ruffin Mill Circte~ Bermuda District, me~s ~hs requirements established by the 9ubdiviaion Street Transportation have entered into an a~reement, recorded in Deed delention/retenticn fesilitie~ in the County. Daniel, meccnded by Mr. McHale, i~ is resolved that the road, Ruf~in Mill Circle~ Bermuda District, ba and it hereby is esuabli~hed as ~ public read. A~d be it furtksr resolved, that the Virginma Department of Nam~ of Street~ Ruffin Mill Circle Lensth: 0.12 mile To: ~nd o~ permanent cul-de-sac, ~.12 mile southeast Guaranteed Right-of-Way width: 6G ~eet. 97-705 distance~ clear ~ona, and designated Virginia Department of Tra~zpor~atlon drainage sm~ements indicated on the development plat. This day the County Environmental ~ngineer~ in accordance with directions from this Board~ made report in writing upon his examinution of the roads in $%, James Woods, Section E~ Ma=ceca District, and Whereas, the Resident Engineer ~or the Virginia Department of Transportation has advisgd %he Director of Environmental District~ me~t the requirements essabllmhed by ~he Subdivision Street Recuirementu of the Virginia D~partment Transportation, and Whereas, the County and the Virginia Department o~ Transportation have entered into an agreement~ recorded in Deed ~ook 2453, Page 405, January 21, 1994~ for all et©rmwater detention/retention facilities i~ the Therefors~ upon consideration whereof~ and on mo~ion o£ Mr. Daniel, seconded by Mr. MoHalk, it i~ re~olYed that the roads in St. Jame~ Wooda, Section ~, ~atoaca District, be and they hereby are e~tablished as public roads_ ~nd be it further resolved, that ~he virginia Department Transportation, be and is hereby requested to t~ke into the Secondary System, pursuant ~o Section 3B.1-229, Code cf Virginia~ and the Department's Subdivision Street ReqUirements, Name of Str~st: ~ardwood D~ive Length: O,lS mile From~ Exi~ti~ Razd~ood D~iv~, State Route 6051, at in~rs~ction with Crawford Wood Drive, State Route TO: C~lllde-sac. 0_18 mile northwest of Crawford Wood Drive, Guaranteed Variable Right-of-Way Width~ ~0 to Rams of Str~t: ~ardwood Terrace Length: Q.i~ mile From: C~l de SaC, 0.13 ~ils SOuth of Hardwood Driv~ To: ~ardwoo~ DriYe~ 0.o~ mile wes~ of Crawford wood Drive, State Route Guaranteed Right of Way Widuh: 40 f~e~. This request is inclusive of the adjacent slope, ~ight distance, clear zone, and designated Virginia Department of Transportation drainage ~ase~snts indicased on the development plat. Tkis section of S~. James Woods is recorded as follows: Section E, Plat Book 86, Page 42, December 6, 1994, I0/22/97 97-706 AND EVELYN J. GRAY On motion of ~r. Daniel, seconded by Mr. McMale, the Board accepted, on behalf of the County~ the ssnveyanee of a parcel of land containing 0.31~ acres along East ~undred Road (RQU~e 10) from William R. Shelton and Evelyn J. Gray and authorized the County Administrator to execute the necessary deed. {IS is noted that a copy of the plat is filed with the papers of this Board.) Unanimous 8.D.7.b. ALONG TURNER ROAD FROM Blk~W DBLI~ERA~CB EVAngELiSTIC CHIIRCtt On meEion of Mr. Daniel, seconded by Mr. McHale, the Bomrd acccpted, on behalf of the County, the conveyance of a parcel of land containing 0.137 acres along 5~urner Road {State Rou~e 650) fro~ New Deliverance Evangelistic Church and authorized the County Administrator to execute the necessary deed. {It is Board.) A~BNG GREY,EDGE BOULEVA/%D FRO~ OLIVER D. BUD_Y, TRUSTEE On motion of ~r. Daniel, seconded by Mr. Mc~ale~ ~he Beard accepted, on behaSf of the County~ the conveyance of a parcel of land containing 0.954 acres along ~eyled~s Boulevard from Oliver D. Rudy, Trus=ee and authorized the COunty Administrator to ~xecute the necessal~y ~eed. (It is honed that a uopy of the plat is filed with the papers of ~his Board.) Vote: Unanimous 8.D.7.d. ALONG EAST H%ra~D~ED ROAD AND KINGSTON Alr~NUE FRO~ WILLIA~ R. S~BLTO~ AND ~V~L~ J_ GRAy On motion of ~r. D~n~el, ~econded by Mr. McHals~ ~h~ Board accepted, on behalf of tko County~ the conveyance of a parcel of land containing 0.g27 acre~ ~long ~st ~undrsd Road (~oute lQ) and King~ton Avenue [State Route 24~4) from William R. Bhelton and Evelyn g. Cray and authorized the County ~dministrator to execut~ the neoesssry deed. (It is noted that a copy of the plat is filed with ~ha papers o£ this Board.) ¥'o~e~ Unanimous 8.D.8. A~f~NDMENTS TO BOARD ~II~UT~g OF J~r~y 25, 1997 On motion Qf ~. Daniel, secondmd by Mr. MoHalk, th~ Bo~rd amended Proffered Condition Nu~er 19 for Zonin~ Re~t 9~$~0%50 of the Board minu~e~ of July 23, 1997 ~s follows: 97-707 Buffer~ A one hundred (100) foot buffer ~hall maintained elon~ the sommon boundary o5 ~he Property with Tax Parcel 11606010000g05~ now owned by Curtis Coxj Cr~ ~or so long as tko Cox parcel is zoned or used for residential purposes or until such parcel and the (6) foot minimum height fence shall be installed within the buffer mpproximazely ~eventy-~ive (75) feet from the Cox pa~eel, the exact location of which sh~ll be determined at the time oE site plan review. The aforesaid buffer ~hall conform to the requirements of the Zoniu~ Ordinance, Division 4, Sections 19 520, 19 521 exception (i) and (j), and TO: Buff~r~ A one hundred (100) foot buffer shall be ~aintalned along tho common boundary of the ~ro~er~y with Tax Parcel 11~0601000000~0 now owned by Curti~ F~ for residential purposes or until such parcel and the Property are owned by the ~a~e p~rson or enti~y~ A six {~1 foot minimum height fence shall be installed within the buffer approxlmetely s~venyy fiv~ (75] f~s~ from ~ke Cox parcsl~ the exact location of which shall be determln~d a~ ~he time of si~e plan review. The aforesaid buffer shall conform to the requirements o~ the Zoning Ozdinanus~ Division 4, section~ 19-520, 19- $.D.S.~. REGARDIN~ TP/E BUSINESS LICENSE FEES ORDINANCE On motion of Mr. Daniel, seconded by Mr. ~oHale~ the Board ~me~ded the Board minu~es of July 23~ 1997 as follows: Dani~l~ seconded by Mr. McHale~ for the Board to adept the following ordinance: AN ORDINANCE TO AMEN/) TEE CODE OF THE COUNTY ~LND REENACTING SECTION 11-32 RELATING TO TREES ~ Chesterfield County: Chesterfield, 1~97, as amended~ is amended and reenacted to read as follow~: S,c. ll-]~. Unlawiul conditions of weeds~ ~zass, sh~berv, (a) (1) ~o O~er of any vacant developed or undeveloped pzoperny, including property upon which buildings plaited subdivisions or any usher areas zoned for residential, business, commercial or in4ustrial use in the county shall Lo 9row or remain thereon any had§e, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any 'street, sidewalk or public alley in a manner which obstructs or ~mpedee the safe and orderly movement of per~onc or vehicles zhereon, or in the cass of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk, thereby endangering such personm and v~hieles. permit to remain mn much property or any part thereof a grass shall no~ apply to land zoned ~or o~ in an active farmin~ operation. (4) Upon remedying any such unlawful c©ndi~io~, ~he owner shall ~ispose of such vegetation in a manner that eliminates any potential fire hazard. (b) whenever ~ke county administrator, or the official designated by him, has determined by repert~, inspections or otherwise, that any such unlawful condition exit,s, he shall cu~ or ~aume to be out the wrass, w~eds, brush or other epecified in Ute notice, such notice ekall be in writing, shall be delivered by hand or mailed to the last known ad,race of ~he vegetation are not cut within tks required ~ime, the county official designated by the county administrator shall cause administrative handling charge of $35.00~ shall be billed to the property o~]er and if not paid chall be ~dded to and unpaid for e period of 50 days~ then the treasBrer shall certify such charges as being unpaid to the clerk of the circuit court of the county~ who shall maintain a record book clerk's efflee- ~very charge authorized by thie section as a r~ult of a violation of paragraph (a)(1) with which th~ etcher and lien holder of any such property shall have been assessed and which remains unpaid shall constitute a lien against such proper~y ranking on a parity with liens for uapaid local taxes (c) Any owner who violates para~raph (a) (1) of thi~ violation of paragraph {a} (3) of this section shall be punishable by a civil penalty not to e~ceed $1QQ,QQ. {Code 1978, § lO 19.1; osd. of 6 12 96, § 1} State law r~£erence(s) ~Authcrized by Code of Virginia~ §§ lt.I-1l~ l$.l-ll. Ol. (2) That this ordinance shall become eff¢ctiv~ upon adoption 97-709 TO: "AN OPd~I~NC2 TO ~EAqD TEE CODE OF TEE COttgTY OF CH~ST~RFIELD, 1997, ~ ~2~ENDED, BY ~ENDING ~D R~ENACTING SECTION 6-4 RE~TI~ T0 BUEINES~ LICENSE FEES BE IT O~AINED by ~he Board of Supervisors Chesterfield C~unty~ That Section ~ ~ of th% Cod~ uf ~hu County Chesterfield, 1997, as amended, i~ amended and reenacted to r~ad as follows: $~.6-4. License fees. Every person 5nga~e~ in a bu~ine~ which is licensable pursuant to this chapter ~hall pay an annual ~ee if the total ~r~s racelp~s~ or gross purchase~ in the case of wholesale m~rchants~ from all activities of th~ business are or mor~ , but less than $100~000.00, during the ba~e year. business provided ~ha~ the bu~in~ ~hall not pay more than number of licenses the business must obtain. The annual fee shali be caluula~d a~ of Business $50,o00.o0 - $24,~.00 $ 25.00 825,000.00 849~9~9.00 50.00 $~O,00~,O0 $74,~.00 75.00 $75,00Q.00 - ~99~999.00 [2) That this ordinanc~ ~hall becoma effective January 1, 1~. Vote: Unanimous" 8.D.9. REQUEST FOR PEF~MIS~ION FROM OLD TIF~ BUILDER, INCORPORATED FOR A ~RI~EWAY TO EWCROACB WITKIN A SIXTEEN FOOT DRAINAGE EA~EM~NTACROSS LOT 11, W~STBU~¥ SUBDIVISION On motion of Mr. Daniel, seconded by Mr. McKale, the Poard approved a request from Old Time Builder, Incorporated to have a driveway encro&ch within a sixteen foo~ ~rainage easemen~ across LO~ 11~ Westbury Subdi¥i~ion~ subject to the execution Of a license agreement. Vote: Unanimous 8.D.10. A~PROVAL OF TWO F~3LL-TIME POEITIO~S FOE TEE DEPARTMENT OF SOCIAL SERVICES TO SUPPORT WELFAR~ REF@RH/DAYDA~E PRO~RAMS On motion of ~r- Daniel, seconded by Mr. McHale, the Board approved the creation of two new full-~i~e positions ~or the Department of Social Services Lo Support W~lfar~ Rerun/Day $60,~23 to b~ funded by federal and State sources.} 10122/97 97-?T0 VENICLES AT P~BLIC AUCTION On ~otion of Mr. Daniel~ seconded by Mr. McHal~ the Board rescinded the decision to get a public hearing date to consider an ordinance that allows Chesterfield the option to engage public auction. 8.D.12. TRANSFER OF MIDLQTHI~DISTBICT THREE CENT ROAD TO PAY A PORTION OF T~ ~ERVICE~ FOR T~E VI~A~E MID~OTHIAN DAY FESTIVAL On me, ion of M~. Dan4el, ~econd~d by Mr. McHale, the Board tra~s~erre~ $1~400 to the Police and ~ark~ and Recreation Departments to pay a portion of the zervic~ for the Village of Midlothian Day Peetivai. Vote: Unanimous 8.D.13. TRANSFER OF CLOVER ~ILL, BERMTrDA, DAL~, AND MIDLOTHIAN DISTRICTS THREE CENT ROAD FUNDS ~ MATOACA DISTRICT STREETLIGHT FTIND Ye ~RE&TE A GALLERY AR~A IN ~E CHESTEREIELD COUNTY MUSEUM On motion of MT~ Daniel~ seconded by Mr. McHule , the Board transferred $1,00~ £rom the Clover Kill, Bermuda, Dale, and Midlothian Districts Thr~ Cent Ro~d Fund, and $1~0~0 fram the ~at©~ca Die,riot $~reetligkt Fun~ to the Chesterfield Historical Society to create a ~allery area in the Chesterfield County Museum Ito~al of $5,000} . Mr. Warren introduced Colonel Mcface Mj~j%, III, Chairman of Historic Sites Committee of the Chesterfield Risterical Society, who w~ present at the meeting. in approvin~ Iten R.D_13., Transfer of Clo~er Hill, ~emuda~ Dale, and Midlotkian Districts Three Cent Road Fund~ and Matoaca District ~treetligh~ Funds to Create ~ Gallery Ar~a in the Chesterfield County Museum. Me stated that the rehabilitation has already begun in the gallery. Mr. Barbe~ stated that the Historical Society has also received a gran~ from th~ Target Department ~tcre. He further ~tated that representatives from Target have e×presee~ =heir desire become a good corporate citizen and contributor. He noted that the ~ist©rical Society i~ one cE %he first Target'e gen~rosi~y~ 9. H~ARIN~ QF CITIZENS ON UNSCHEDULED MATTERS OR There were no ~earlngs of Citizens on Unscheduled ~&ttsr~ or Claims at this time. Projects; District Road and Street Light Funds; and And~ further, the Board nooep~ed %he ~cllowi~g roads in~o ~oute 3015 (Am~tel Bluff Way) From 0.23 ._. TAM,BERRY TO,HOUSES. 1~4 to 0.16 mile Nor~h~as~ Rout~ 12_ DIOR On motion O~ ~r. McHale, seconded by Mr. Warren~ ~ko 6card recessed to th~ Administration Building, Room 502, for dinner. Beverly Rogers Led the Pledge cf Allegiance to the FlaW of Uni~od $$a~es of America. 2, COUNTY ADMINISTRATOR'S CO~R~NTS Mr. R&~ey introduced ~r. Gregory Wingfield who was present to brief 5he Board on activities o~ the Gre~tsr Richmond Partnership. Mr. Wingfield roce~ni~od the prQ~ress of economic ini~iaB~ves in Chesterfield County. Be pre~entod brO~huSe~ to hhe Board relatin~ to Creator Richmond Partnership news and Drofile~; the Annual Report for 1996-97; and tho Greeter 10/22/97 97 Richmond area arts and culture information. He stated that Chesterfield is one o~ ~our public investors of the Partnership the Partnership over the past thr~e years. ~e further that the Partnership weu!~ no~ have achieved its suoemsme~ Over the years without the contributions from the public/private initiatives include again hosting, with Virginia university, a reception on November ~ 1997 -- tbs evening pr~or to the State Chambers Report TO Top Management event held in New York City on November 6, 1997. Ee fur~hez staked that additional initiatives instudm working with Mr. Daniel and the Airport Advisory Committee on new signage that will welcome Mr. Daniel~ the Partnership ham looked at opportunities within cooperation is a good way to utilize the talents of certain that the Partnership is premiering is a fourteen minute vl~eo Industry and noted ~hat ~his video has 5ann premiered in Taipel, Tokyo, eeoul, and Hon~kon~. Mr. Daniel stated tha~ much ~hings am the mupport o~ e~t~ndin~ tha~ make this organization a success. He stated that the business community and the four local governments, all working for other~+ ~e further stated uhat ~he metropolitan Richmond of the effurt~ uf Mr. Wingfisld and the Greater ~iohmond f~tg the Repo~t is a beautiful display of art, history, and Park, Eppin~on Plantstion, and ~he award wirmin~ choir Virginia state Unive~elty skould be a part of the Report, 97-713 15. RESOLUTIONS ~ SPECIAL RECOGNITIONS O RECOGNIZING NOVES~BER 2. 1997 AS "REV~RE~ C. WARREN ~4A$$ENB~RG DAY" Mr. ~tith inuroduc=d Reverend C. Warren ~aesenburg who present to rec~iv~ hhe On motion of the Board, the fallowing r~selu~ion was adopted! Pastor of First BapTist Church - Midlothien on November S, 1992 and i~ now celebrating hi~ Fifth Anniversary; and W~RE~, Pir$~ ~ap~i~ Church originated in 1846 and County and the Commonwealth of Virginia and has uiven birth ~ix Ckurch~s Mount Nebo; Mount Calvary; ~ethleh~m; Spring University; r~ived hi9 ~heological ~raining at virginia Union %he Ma~t~r~s Pru~xam a~ ~ke Richmond Vi~ginla Seminary where answering system, televisions, VCR~s~ and a new heating and air-conditioning ~y~m have been purchased; and the ~arterly New~ietter mhd ~ke first Pictorial Directory, in the hi~to~ o~ th= Church, were puPil=had; and WHE~AS, also under Reverend Massenburg~s leadership, Fellowship; Girl Suou~s; the C. W~rren Masse~urg Combined Choir; a children's nur~e~; the Young Adult User Board; Communizy Bible Study; and Chris%inn Women United; and and academic robes; and ~EREAZ, Reverend Me~nburg has been recognized by the religious leader~hl9 and by the c~ty of Richmon~ for his Reverend ~assenburg ~or his dedicated se~ic~, leadershi9, and achievements. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be pre~ented to Reverend Messenburg end ~a~ this rszelution be permanently re~orded amo~gthe papera of this Vote: Unanimous Me~enburg, accompanied by his wife, congrahulated him on his ouLs~endin9 accomplishments and dedicated service to First Baptist Church and th~ County and wish him future success. AIRFIELD DRIVE TO DOMINION AVIATION ~ERVICES Mr. Calabro sta~ed that thia da~e and ~ime has been adverLised 9or a public hearin~ to ccnsider the conveyance of a land lease located ~t 7~24 Airfield Drive to Dominion Aviation Service~. NO one came forward ~c ~psak in ~avor o~ or ageznst this issue. O~ ~OLiO~ c~ ~r. Daniel, seconded by Mr. McHele, the Board authorized the County Administrator ~o ex, cute a land lease agreement, in the amount o~ $3~2QQ per year subject to Consumer 9rice Index increases annually, to Deminio~ Aviation Serviee~ for property 3coated ~t 9424 Airfield Drive. Vote: Unanimous 17. REQUESTS FOR MO~ILE HONE PE~ITS AND REZONING In Matoeca MegieterlaI District, ~OODE FAMILY LTD. AND~. A. ~. ~NTER]~RISE$, INC, requested retching and amendment of zoning district map from A~ricultural (k) to Community Business {C-~). The density cf such amendment will be controlled by zonin~ condition~ Or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for co~unity mixed use. This request lies on 6.0 ~cre~ free, iDa approximaLely ~0 feet on the north line of tull Street Road, apDro×imetely 385 feet on the east llne of 0~erdate Road and approximately St0 feet on the south line of Cesby Koad and located at the intersection e~ these ro~ds. GPIN and 713-670-0110 and 3313 {Sheet Ms. Beverly Rogers, Planning Administrator, pre~entad a summary of Case 97SN0241 and e%a~9~ ~hau ~he Planning Commission end staff recommends approval and acceptance of the proffered conditions. She noted 5he U~oer Swift Creek Plan suggests the p~ops~ty is appropriate for community mixed use at such time that public water and wastewa~sr are available to serve the This requast was moved tc the en~ of the Aqenda due applicant not b~im9 preeen~ at the meeting at this time. 10/221S7 In Clover Hill Maglstsrlal District, JA~dE9 F. HUBBARD requested rezoning and amendment of zoning district map from AgrlculturR! (A) to Community Buginss~ (C-~)~ Tko density of such amendment will be controlled byzoning conditions or Ordinance The Comprehensive Plan suggests ~he property is appropriate for commercial use. This r~qu~t lies on 2.4 acres fronting approximately 70 ~eot on the seat line of Ruthers Road, approximately 4~0 feet eou~h o~ Midlotkian Turnpike. ~PIN 705 5097 amd 76~-706-8814 (Sheet 8). Mg. Rogers presented a ~ummary of Case 985~0L05 and stated thmt ~he Planning Commission and staff recommends approval and acceptance of the proffered conditions. She noted the request conforms ~o ute Turner Read Mr. James Hubbard, representing the applicant, stated that the recomm~ndatlon is acceptable. There was no opposition present. On motion of Nr. Warren, seconded by Mrs~ ~umphrey~ ~he ~eard approved Case 9BSN0105 and accepted th~ following ~roffer~d 1. The public water system mhall be 2. Prier to site plan approval, thirty-five (35) feet of right of way on the east side of Rotters Road measured ~rom the centerline o~ that part o~ Rotters Road immediately adjacent to the pr©p~r~y stall be free and unrestricted, to and fo~ the benefit of Chest~rfi~l~ County+ $, Access to Rushers Road shall be limited ~o o~e entrance/exit. The exact location of thi~ access shall be approved by the T=ansportaLion Department. This access shall be shared with adjacent properties to the north and south as required by ~he Transportation Department. Prior to site plan approval, an access easement acceptable to the Transportation Department, shall be recorded. Prior to issuance of an occupancy permit, an additional lane of pavement shall b~ constructed a]on~ Rotters Road for the en~ir~ propur~y £ronta~e, Any additional right of way (or easements) required for this improvement shell be dedicated, free and unrestricted, ~o and the ben,fit of Chesterfield County. Cocktail lounges sad nightclubs ~hall not be p~rmitt~d. Vote: 985N0106 In Bermuda Magisterial Di~trict~ ~ILBERT C. BOOKER, SR. requested rezonlng and amendment of zoning district map from Residential (R-7) and Light Industrial (I-l) to ~enerml Business IC-5}~ Tko density o~ such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate regional mixed use. This request lies on 5.75 acres fronting Highway, approximately 20 feet $ou~h o£ Velds Drive. GPI~ 7~5- 97-716 the Planning Commission and staff recommend~ approvalt subject t~ one condition and acceptance of the prolisred c©nditious. Mr. Gilbert Booker, Jr. Dieted ~ha~ Yhe resommendation is aoceptable~ There was no oppneition pre~nt. boundaries of the reeuest pro~erty where adjacent ~o time Of site plan review. At suck time a~ a~jacen~ Residential (R-7) pro~erty is zoned or utilized for non- residential purposes this buffer requirement shall be eliminated~ (P) the Board accepted the £ellowing proffered The public wastewater system shall be used. Ne direc~ access ~hall be provided to the requested property fIem Frisnd Avenue, Pickett Avenue, cr Reune ~/~0~. Prior to any site plan approval, ~ixty (69) feet of right of way on the east side of Roams 1/301 measured from the center llne of R~ute 1/3Q1 immediately adjacent unrestricted to and for the benefit of Chesterfield ~xuept for ~imberin~ approved by the Virginia State Departmsnt of Forest r!; ~or the purpose of removal of dead or disemsed trees~ there shall be ne timbering on the Property until a land die=urbance permit has b~sn obtained from the Environmental Engineerin~ Departmenh and the approved devices have been installed. 98BN0109 In Matuaca Magisterial District, ~A~NG J. LEE requested remoning and amendment o% sonin~ district map ~rom Agricultural (A) tc Residential (R-4O). Residential use of up to 1.D9 units per acre is permitted in a Residential (R-40) District, Th~ yielding a density of 0.22 unit per acre. The CompreheDsive frun%ing approximately 200 feet on th~ souZh line of River Road acrss~ from P~rdua Avenue. ~RIN 7~B-GOB-27~2 (Sheet Ba). Ms. Rogers presented a summary of Case 9~$~01O~ and stated tha~ ihs Planning Co,miss{on and staff ree~mmend~ approval and acceptance of the proffered conditions. Sh~ no,md the recfnest conforms to the Southern and Western Area Plan. Mr. KenKe~h Thompson. representing th~ applicant, stated tha~ th~ recommendation is acceptable. There was ne opposition present. 97-717 Qn motion of Mrs. Humphrey, seconded by Mr, Barber, Board approved Case ~N010~ and accepted th~ fellcwin~ proffered conditions: l. Prier to i~suance Of a building permit, forty-five measured from the centerline of that part of River Road immediately adjacent to the request property, shall be dedicated, free and unrestricted, to-and for the benefit of Chesterfield County. A maximum of one {1} dwellin~ unit shall be permitted. 3. The applicant, et~bdivider, or assignee{s} shall pay the following to ~he County of Chesterfield at the :£me cf buitdin~ permit application for infrastructure improvements within ~he service district for the property. A. $6,000 if paid prior ~o {uly %, l~; or not to exceed $6819 if paid between July 1 1995 C. The amount approved by 5he Board of Supervisors not to exceed $68%9 adjusted upward by any increase in the Marshal% and Swift Buildin~ Cost Index between July 1, 1~98 and July 1 of the ~ia~al year in which paid after June 30, 1~99. V~te: Unanimous En Matoaca Magisterial District, C~OD~ PA~ILY LTD. A~D~. A. ~. ~NTERPR~E~, %~C. requested retching an~ a~sn~ment of senin~ district map from A~ricultural (A} to Community Busine$~ (C~3}. The density of such amendment will be controlled by z~ning conditions er Ordinance standazds. The Comprehensive Plan suggests the property i~ appropriate for community mixed use. This request lies on 6.0 acres fronting approximately 63~ feet on the north line of Kull Streef Read~ approximately 385 fee~ on the east lin~ of Otterdale ~oad and approximately 630 feat on the south line of Cosby Road and located al the intersection of these roads. GPIN 713-669-I~5 and 713-670-0110 and 3313 ISheet Ms. Rogers stated that John Cogbillr ~squire represented this that there was ng ~pposltion to the request at the ~lanning Commission meeting and the applicant accepted the publi~ hearing~ The applicant wa~ not p~e~nc at the meeting. Mr. War~en stat=~ that in past zoning requests~ the Board has required uhat uke applican~ be 9resent at the meeting to accept Mrs. Humphrey concurred with the comm~nt~ e~ressed by i0/22/97 ~7~71~ tke Beard ~o defer Case 97SN0242 until November 25, 1997. 18. ~-DJO%-RNMENT O~ motion of Mr. McHale, sec©n~e~ by Mr. Daniel, the Board adjourned at 7;50 p.m. un~il Nove~ber 12, 1997 at 4:00 p.m. La~ B. Ramssy '~ CollnEy Adm±ni~trator~/ Chai~an 719