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10-09-2002 MinutesBOARD OF SUPERVISORS MINUTES October 9, 2002 Supervisors in Attendances Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance~ Major James Bourque, Police Department Mr. Craig Bryant, Dir., Utilities Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Rebecca Dickson, Dir., Budget and Management Mr James Dunn, Dir., Economic Development Mr William Dupler, Building Official Ms Lisa Elko, Clerk Ms Kelly Fried, Quality Improvement Mgr., Mental Health/Mental Retard./ Substance Abuse Services Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Mary Lou Lyle, Dir., Accounting Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Glen Peterson, Dir., Community Diversion Incentive Program Mr. Francis Pitaro, Dir., General Services Dep. Chief Paul Shorter, Fire Department Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development 02- 694 10/09/02 Mr. Thomas Taylor, Dir., Block Grant Office Mr. Miller called the regularly scheduled meeting to order at 4:17 p.m. 1. APPROVAL OF MINUTES FOR SEPTEMBER 18, 2002 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of September 18, 2002, as submitted. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS o Mr. Micas introduced Ms. Lola Rodriguez, a new Assistant County Attorney in his office. Mr. Ramsey stated that the National Little League Baseball Association is now requiring background checks for coaches and volunteers in their leagues, indicating that this is another instance where the Board has been at the forefront of the issue. 3. BOARD COMMITTEE REPORTS There were no Board committee reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Warren, the Board added Item 8.C.4.c., Transfer of District Improvement Funds from the Clover Hill and Matoaca District Improvement Funds to the Department of Environmental Engineering to Purchase and Install a Turbidity Curtain in Swift Creek Reservoir; replaced Item 8.C.12., Authorization to Exercise Eminent Domain for the Acquisition of Easements for the Woolridge Road Waterline; deleted Item 8.C.13., Approval of Option Agreement with George Emerson, et al. and the Industrial Development Authority of Chesterfield County to Purchase 145 Acres in the Bermuda Magisterial District and Appropriation of Funds to the Industrial Development Authority; replaced Item 10.B., Report on the Status of the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases; deleted Item 14.C., Resolution Recognizing Philip Morris U.S.A. for Its Community Efforts and Sponsorship of a Tree Planting Ceremony Honoring Firefighters Lost on September 11, 2002; and adopted the Agenda, as amended. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 695 10/09/02 RESOLUTIONS AND SPECIAL RECOGNITIONS RECO~NiZIN~ THE FORT LEE W COMPANY, 2~&TH QUARTERMASTER BATTALION FOR THEIR VOLUNTEER WORK AT T~ BROWN AND WILLIAMSON TOBACCO CORPORATION CONSERVATION AREA Mr. Golden introduced Captain Michelle Sharp and Captain Kristen Sloan, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County is committed to conserving our natural environment and works in partnership with the Friends of Chesterfield's Riverfront to facilitate opportunities to implement the county's adopted Riverfront Plan; and WHEREAS, Chesterfield County is working to conserve and allow appropriate public access opportunities on this 262 acre property along 0.8 miles of the James River; and WHEREAS, Fort Lee W Company, 244tn Quartermaster Battalion in the spirit of community partnership led by First Lieutenant Michelle Sharp, has initiated volunteer efforts of over 40 soldiers to prepare this property located on the James River, north of Bermuda Hundred Road and east of Enon Church Road, located within the Bermuda Magisterial District for public access; and WHEREAS, this level of volunteer effort on this newly acquired property sets a precedent for further community partnerships on behalf of conservation, allowing our citizens and visitors to enjoy the natural beauty of Chesterfield County's riverfront areas and abundant wildlife; and WHEREAS, such civic spirit and generosity merits the appreciation of this Board and of all the citizens of Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 9tn day of October 2002, publicly recognizes Fort Lee W Company, 244th Quartermaster Battalion for outstanding civic spirit, and expresses the appreciation of all citizens of Chesterfield County to the participants in preparing this conservation area for public access. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Fort Lee W Company, 244th Quartermaster Battalion and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. McHale presented the executed resolution to Captains Sharp and Sloan, accompanied by Ms. Janit Potter, Executive Director of Friends of Chesterfield's Riverfront, and commended the members of the 244th Quartermaster Battalion for their partnership efforts in conserving the county's riverfront. 02- 696 10/09/02 6. WORK SESSIONS o PROPOSED 2003 LEGISLATIVE PROGRAM Ms. Curtin presented an overview of the county's draft 2003 legislative program. She stated that the county's on-going legislative priority is to protect the county's cash proffer authority. She reviewed proposed legislative requests, including requiring the Tax Commissioner to issue a decision regarding the Tax Commissioner's jurisdiction to consider the appeal of an assessment within 30 days of receipt of the taxpayer's application for correction of an assessment; requiring the Tax Commissioner to state to the taxpayer and the co~fLissioner of revenue or other assessing official the reason for not making a determination on an assessment appeal within the currently allowed 90-day period and to limit any additional time allowed to no more than 30 days beyond the initial 90-day period; and providing that jurors in all civil cases be paid by the losing party as determined by the court, and in cases that are non-suited or in which a settlement is reached on the day of the trial after the jurors appear for service, the jurors shall be paid iby the plaintiff. Mr. Miller expressed concerns that the losing party is often not the party that asked for the jury. Mr. Micas stated that the legislative request was initiated by the Clerk of the Circuit Court. Mr. Ramsey stated that the request was based upon use of public funds to pay for juries in civil matters. He further stated that many cases are being settled, and juries are being paid without having to serve. Mr. Miller expressed concerns relative to discouraging settlements through this legislative request. Mr. Ramsey suggested that Mr. Miller discuss the request with Ms. Judy Worthington, Clerk of Circuit Court. He stated that constitutional officers are encouraged to bring legislative requests to the Board. Ms. Curtin stated that $50,000 to $60,000 is incurred by the county annually as a result of providing jurors in civil cases and paying jurors who are not required to serve because cases are either non-suited or settled on the day of the trial. Mr. Miller expressed further concerns relative to requiring the losing party to pay the cost of a jury when the losing party did not request the jury. Mr. Micas stated that the request was made in an effort to reduce the cost to the county for juries that are never used. He further stated that he anticipates the request will be opposed by trial lawyers as inhibiting the right to a jury. It was generally agreed that the Board be provided with additional information from the Clerk of the Circuit Court relative to the request. 02- 697 10/09/02 Ms. Curtin continued to review legislative requests, including eliminating a duplicate contract award process by having the Board of Supervisors award road contracts for road construction projects managed by the county; and requiring an applicant for any type of land disturbing permit to produce satisfactory evidence that any delinquent real estate taxes owed to the locality which have been properly assessed against all properties owned by the applicant in that locality have been paid prior to the initiation of the application for a permit. Mr. Miller expressed concerns relative to legitimate situations in which delinquent real estate taxes may not have been paid. Mr. Ramsey stated that, when legislative issues that were adopted by the 2002 General Assembly were discussed, the Board requested that this procedure be expanded to delinquent real estate taxes on all property owned by an applicant for any type of land disturbing permit. Mr. Barber expressed concerns relative to developers who owe significant delinquent real estate taxes, yet continue to develop property on which the taxes are current. Mr. Miller expressed concerns relative to persons who might be precluded from developing property because of contested delinquent real estate taxes on other property. Mr. Barber stated that it would be helpful for staff to provide the Board with information relative to delinquent real estate taxes owed by zoning applicants when zoning cases are heard. Ms. Curtin reviewed the legislative request to increase the amount of fees allowable for courthouse maintenance and lift the current cap on the total amount of fee that may be charged for courthouse maintenance and the law library. When asked, Ms. Curtin stated that General Services initiated this request. She further stated that increasing the current fee from $2.00 per case to $4.00 per case would result in approximately $100,000 in additional revenue. She then reviewed the legislative request to allow the Fire Department to give the Emergency Medical Services (EMS) passport to both volunteer firefighters and volunteer rescue squads as an incentive to volunteer. She reviewed support positions, including supporting legislation to eliminate the sunset provisions in the Code of Virginia to extend the ability to assess a $5 fee on court cases to fund courthouse security personnel beyond the current sunset of July 2004; and supporting continued state appropriations for the LINK Transit System. Mr. Miller expressed concerns that the ridership of the LINK Transit System is down, stated that the system is losing a great deal of money, and indicated that he will not support continued state appropriations for the LINK System. Mr. Warren stated that he feels the park and ride system has been a success. He further stated that he hopes the county's philosophy of not putting local funds into the LINK System 02- 698 10/09/02 would be made clear to anyone who plans to support this at the state level. Mr. Miller expressed concerns relative to the county supporting the continuation of state funding of the LINK Service, and then being requested to provide local funding to subsidize state shortfalls in this area. Discussion ensued relative to the current funding of the LINK Transit System. Ms. Curtin noted that the funding of the LINK System does not affect the state's general fund. Mr. Miller expressed concerns that road improvement issues were deferred to fund the LINK System. Mr. McHale stated that he feels the Board needs to make it clear to the General Assembly that the LINK System will not be supported with local funding. He further stated that the project has been tested and GRTC has done an excellent job, but it is just not working. He stated that he feels transportation dollars should be spent in a way that will better serve the community. Mr. Barber stated that he feels the Board was misinformed relative to the source of funding of the LINK System. He further stated that he feels it would be more efficient to fund the Community Services Board's (CSB) transportation needs than the LINK System. Mr. Ramsey stated that the CSB is having ongoing discussions with GRTC relative to its transportation needs. Discussion ensued relative to the county's relationship with the Petersburg Area Transit. Ms. Curtin continued to review support positions, including supporting the Virginia Municipal League's efforts to repeal the non-conforming uses, manufactured housing bill passed in the 2002 General Assembly. She then reviewed oppose positions, including opposing the by-right placement of manufactured homes in any residential district; opposing any legislation that results in increased contribution rates for the Virginia Retirement System; opposing state mandated consolidations of Community Services Boards; and opposing any state budget reduction which disproportionately targets Chesterfield County. Mrs. Humphrey requested that opposition of by-right placement of manufactured homes in any residential district and support of the Virginia Municipal League's efforts to repeal the non- conforming uses, manufactured housing bill be moved into the category of legislative priorities. Mr. Barber requested that Ms. Curtin keep the Board informed about carry-over legislation that could impact the county. Mr. Miller thanked Ms. Curtin for the presentation. 02- 699 10/09/02 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Warren, seconded by Mr. Barber, the Board approved the following streetlight installations: Clover Hill District Belmont Hills Subdivision Intersection of Old Creek Road and Welch Drive Cost to install streetlight: $1,134.57 Forest Acres Subdivision Intersection of Francill Drive and Kayvee Road Cost to install streetlight: $1,720.38 Dale District Old Coach Hills Subdivision Vicinity of 5118 Hackney Road Cost to install streetlight: $2,754.44 Midlothian District Rosemont Subdivision Intersection of Latham Boulevard and Latham Place Cost to install streetlight: $305.99 Brookstone Subdivision Intersection of Fox Hurst Drive and Fox Hurst Terrace Cost to install streetlight: $3,965.40 Rock Creek Park Subdivision Lake Shore Drive, opposite 7927 Cost to install streetlight: $2,093.51 County-Wide Streetlight Fund Entrance to Camp Baker Vicinity of 7600 Beach Road Cost to install streetlight: $2,473.64 Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow simultaneous nomination/appointment of a member to serve on the Community Criminal Justice Board. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 700 10/09/02 O COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. James J. Brown to serve on the Community Criminal Justice Board, whose appointment is effective immediately and expires June 30, 2004. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C. CONSENT ITEMS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board removed the following items from the Consent Agenda to allow for public comment: Item 8.C.12., Authorization to Exercise Eminent Domain for the Acquisition of Easements for the Woolridge Road Waterline; and Item 8.C.4.c., Transfer of District Improvement Funds from the Clover Hill and Matoaca District Improvement Funds to the Environmental Engineering Department to Purchase and Install a Turbidity Curtain in Swift Creek Reservoir. Ayes: Miller, Warren, Barber, Hu~nphrey and McHale. Nays: None. 8.C.1. APPROVAL OF RECEIPT OF GRANT FUNDS 8.C.1.&. FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO BE USED TO DEVELOP A COMPREHENSIVE PERSONAL PROTECTIVE CLOTHING PRO~RAMAND APPROPRIATION OF GRANT FUNDS AND LOCAL MATCH FUNDS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Fire and Emergency Medical Services (EMS) Department to receive and appropriate $361,847 in grant funds from the Federal Emergency Management Agency for developing a Comprehensive Personal Protective Clothing Program, and appropriated $77,576 in local match funds from the Fire and EMS Department operating budget. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.l.b. FROM THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE FY2003 LOCAL LAW ENFORCEMENT BLOCK GRANT TO BE USED TO PURCHASE EQUIPMENT TO ENHANCE THE POLICE DEPARTMENT'S COMMUNITY POLICING AND CRIME PREVENTION EFFORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Police Department to accept and appropriate a U.S. Department of Justice Local Law Enforcement Block Grant, in the amount of $80,916, to purchase equipment to enhance the Police Department's community policing and crime prevention efforts, appropriated the local match of $8,991, and authorized the County Administrator to execute all documents. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 701 10/09/02 8.C.2. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chanae to the Secondary System of Stat~ Hlghwaw: Addition Basla for Change: Statutory Reference: Project: From: To: Addition, New subdivision street §33.1-229 Enon Oaks Enon Oaks Lane, State Route Number: 5384 Bermuda Orchard Ln., (Rt. 828) Cul-de-sac, a distance of: 0.18 miles. Right-of-way record was filed on 6/13/2001 with the Office Of Clerk To Circuit Court in Pb. 118; Pg. 49, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, 02- 702 10/09/02 pursuant to § 33.1-229, Code of Virginia, Department's Subdivision Street Requirements. and the AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. TYpe Change to the Secondary System of State Hlahwavs: Ad~tlti0n Besla for Change: Addition, New subdivision street Statutory Reference: Project: Glebe Point West Molena Drive, State Route Number: 3948 From: To: .04 MI. SW of Masada Dr., (Rt. 3919) Bradleys Bridge Rd., (Rt. 631), a distance of: 0.12 miles. Right-of-way record was filed on 4/13/1988 with the Office Of Clerk Of Ci muit Court In Pb. 61; Pg.3, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. TY~e Chanoe to the Secondary System of State Hl(3hwavs: Addition Basle for Change: Statutory Reference: Project: From: Addition, New subdivision street §33.1-22~ Hampton Park, Section 11 Hampton Station Court, State Route Number: 5381 Hampton Glen Ln., (Rt. 5245) 02- 703 10/09/02 To: Cul-de-sac, a distance of: 0.11 miles. Right-of-way record was filed on 4/25/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 91, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chanae to the Secondary System of State Hiahwil~s: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: From: To: Addition Hampton Park, Section 12 Hampton Green Drive, State Route Number: 5383 Hampton Meadows Ln., (Rt. 4645) .07 Mi. S of Hampton Meadows In., (Rt. 4645), a distance of: 0.07 miles. Right-of-way record was filed on 4/25/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 96, with a width of 40 Ft. · Hampton Green DHve, State Route Number: 5383 From: Hampton Meadows Ln., (Rt. 4645) To: .07 Mi. N of Hampton Meadows In., (Rt. 4645), a distance of: 0.04 miles. Right-of-way record was flied on 4/25/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 96, with a width of 40 Ft. · Hampton Meadows Circle, State Route Number: 5382 From: Hampton Meadows In., ( Rt. 4645) To: Hampton Meadows Ln., ( Rt. 4645), a distance of: 0.06 miles. Right-of-way record was filed on 4/25/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 96, 02- 704 10/09/02 with a width of 40 Ft. · Hampton Meadows Lane, State Route Number: 4645 From: Hampton Glen Ln., (Rt. 5245) To: Hampton Meadows Cr., (Rt. 5382), a distance of: 0.05 miles. Right-of-way record was filed on 4/25/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 96, with a width of 40 Ft. · Hampton Meadows Lane, State Route Number: 4645 From: Hampton Meadows Cr., (Rt. 5382) To: Hampton Meadows Cr., (Rt. 5382), a distance of: 0.02 miles. Right-of-way record was filed on 4/25/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 96, with a wfdth of 40 Ft. · Hampton Meadows Lane, State Route Number: 4645 From: Hampton Meadows Cr., (Rt. 5382) To: Hampton Green Dr., (Rt. 5383), a distance of: 0.04 miles. Right-of-way record was filed on 4/25/2001 with the Office Of Clerk To Circuit Court in Pb. 116; Pg. 96, with a width of 40 Ft And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk' s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvl;e Change to the Secondary System of State Hlahwavs: Addition Basis for Change: Statutory Reference: Project: From: Addition, New subdivision street Weatbury, Section 2 Upperbury Court, State Route Number: 5385 Upperbury Dr., (Rt. 4266) 02- 705 10/09/02 To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 6/6/1996 with the Office Of Clerk To Cimuit Court in Pb. 90; Pg. 87-99, with a width of 40 Ft. · Upperbury Drive, State Route Number: 4266 From: .03 Mi. S of Porters Mill Rd., (Rt. 3,.'~1) To: Winbury Dr., (Rt. 4263), a distance of: 0.10 miles. Right-of-way record was filed on 6/6/1996 with the Office Of Clerk To Circuit Court in Pb. 90; Pg. 87-99, with a width of 50 Ft. · Upperbury Drive, State Route Number: 4266 From: Winbury Dr., (Rt. 4263) To: Upperbury Ct., (Rt. 5385), a distance of: 0.06 miles. Right-of-way record was filed on 6/6/1996 with the Office of Clerk To Circuit Court in Pb. 90; Pg. 87-99, with a width of 50 Ft. · Upperbury Drive, State Route Number: 4266 From: Upperbury Ct., (Rt. 5385) To: Valerle Dr., (Rt. 5386), a distance of: 0.08 miles. Right-of-way record was flied on 6/6/1996 with the Office of Clerk To Circuit Court in Pb. 90; Pg. 87-99, with a width of 50 Ft. · Valerle Court, State Route Number: 5387 From: Valerie Dr., (Rt. 5386) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 6/6/1996 with the Office of Clerk To Circuit Court in Pb. 90; Pg. 87-99, with a width of 40 Ft. · Valerle Drive, State Route Number: 5386 From: Upperbury Dr., (Rt. 4266) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 6/6/1996 with the Office of Clerk To Circuit Court in Pb. 90; Pg. 87-99, with a width of 40, FL · Valerle Drive, State Route Number: 5386 From: Upperbury Dr., (Rt. 4266) To: Valerie Ct., (Rt. 5387), a distance of: 0.05 miles. Right-of-way record was filed on 6/6/1996 with the Office Of Clerk To Circuit Court in Pb. 90; Pg. 87-99, with a width of 40 Ft. · Valerle Drive, State Route Number: 5386 From: Valerie Ct., (Rt. 5387) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 6/6/1996 with the Office Of Clerk To Circuit Court in Pb. 90; Pg. 87-99, 02- 706 10/09/02 with a width of 40 Ft. I Wlnbury Drive, State Route Number: 4263 From: .05 Mi. S. of Porters Mill Rd., (Rt. 3341) To: Winbury Tr., (Rt. 5388), a distance of: 0.03 miles. Right-of-way record was filed on 6/6/1996 with the Office Of Clerk To Circuit Court in Pb. 90; Pg. 87-99, with a width of 40 Ft. · Wlnbury Drive, State Route Number: 4263 From: Winbury Tr., (Rt. 5388) To: Upperbury Dr., (Rt. 4266), a distance of: 0.13 miles. Right-of-way record was filed on 6/6/1996 with the Office Of Clerk To Circuit Court in Pb. 90; Pg. 87-99, with a width of 40 Ft. · Winbury Terrace, State Route Number: 5388 From: Wtnbury Dr., (Rt. 4263) To: Cul-de-sac, a distance of: 0.03 mites. Right-of-way record was ~ed on 6/6/1996 with the Office Of Clerk To Circuit Court in Pb. 90; Pg. 87-99, with a width of 40 Ft. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.3. ADOPTION OF RESOLUTION RECOGNIZING OCTOBER 9, 2002, AS "SAVE DAY IN CHESTERFIELD COUNTY" On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, violence is among the leading causes of death in America, and has replaced disease as the number one killer of children; and WHEREAS, domestic violence has devastating effects on a woman's physical and emotional well-being, and her ability to care for her children; and WHEREAS, violence comes in many forms; sexual violence; gang and peer-related violence committed by youth of all ages; family violence; street violence; and violence in the media; and WHEREAS, billions of dollars per year are attributable to preventable violence-related deaths and injuries and add a tremendous burden to America's health care system; and WHEREAS, the first step toward unraveling the many layers of our nation's violence problems can begin with awareness; and WHEREAS, awareness and prevention are the heart of the SAVE Program and of its cornerstone event, SAVE Today for Tomorrow, during which physicians' spouses across the country will join efforts to Stop ~erica's Violence Everywhere (SAVE); and 02- 707 10/09/02 WHEREAS, members of the Richmond Academy of Medicine Alliance, Incorporated will lead the effort to urge local citizens to search for ways we can all help SAVE (Stop America's Violence Everywhere); NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 9tn day of October 2002, recognizes October 9, 2002, as "SAVE Day" in Chesterfield County. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.4. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.4.a. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE VIRGINIA STATE UNIVERSITY SCHOLARSHIP PROGRAM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $2,000 from the Matoaca District Improvement Fund to the Virginia State University Scholarship Program. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8 .C.~ .b. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE BOOKS FOR THE MEADOWBROOK HIGH SCHOOL LIBRARY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $10,000 from the Dale District Improvement Fund to the School Board to purchase books for the Meadowbrook High School Library. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.5. SET DATE FOR PUBLIC HEARING TO CONSIDER ANAMENDMENT TO THE ZONING ORDINANCE RELATING TO THE DEFINITION OF A GROUP HOME On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of November 13, 2002 at 7:00 p.m. for a public hearing to consider an amendment to the Zoning Ordinance relating to the definition of a group home. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.6. APPROVAL OF UTILITY CONTRACT FOR HAMPTON PARK - SECTION 19 On motion of Mr. McHale, seconded by Mrs. Hu~nphrey, the Board approved the following utility contract for Hampton Park - Section 19, Contract Number 02-0129, which includes the extension of 541 L.F. + of 12-inch oversized wastewater lines: 02- 708 10/09/02 Developer: Contractor: Hampton Park Associates LLC RMC Contractors Contract Amount: Estimated County Cost for Oversizing .......... Estimated Developer Cost Estimated Total ........ Code: (Refunds thru Connections - Oversizing) District: Matoaca $7,159.00 $66,742.00 $73,901.00 5N-572VO-E4C (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.7. AWARD OF CONSTRUCTION CONTRACT FOR WOOLRID~E ROAD WATERLINE PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract to G. V. Layne Contracting, in the amount of $567,888, for the Woolridge Road Waterline Project, and authorized the County Administrator to execute the necessary documents. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.8. AWARD OF WATER CONTRACT FOR 6526 AND 6533 HILL ROAD WATER LINE EXTENSION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded the following water contract for 6526 and 6533 Hill Road Water Extension, which includes 72 L.F. + of six-inch water lines: Developer: Contractor: Contract Amount: Code: District: Charles E. Potts Infracorps of Virginia, Inc. Estimated County Cost for Offsite ............ Estimated Developer Cost .... Estimated Total ........ (Refunds thru Connections - Offsite) Dale $1,218.00 $13,482.00 $14,700.00 5B-572VO-E4D (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.9. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH ~qM/BMP EASEMENT AND A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF CLOVERHILL DEVELOPMENT COMPANY, L.L.C. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width SW}4/BMP easement and a portion of 02- 709 10/09/02 a sixteen-foot sewer easement across Cloverhill Development Company, L.L.C. the property of (It is noted a copy of the plats are filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.10. REQUESTS FOR PERMISSION 8.C.10.a. FROM CREEKWOOD DEVELOPMENT COMPANY TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPOSED LOT 1, CREEKWOOD, SECTION N On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Creekwood Development Company to install a private sewer service within a private easement to serve proposed Lot 1, Creekwood, Section N, and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.10.b. FROM WILLIAM JESSE DAMON AND ROBERTA SUE DAMON TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON PETERSBURG STREET On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from William Jesse Damon and Roberta Sue Damon to install a private sewer service within a private easement to serve property at 12712 Petersburg Street, and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.11. ACCEPTANCE OF PARCELS OF LAND 8.C.11.&. ALONG THE EAST RIGHT OF WAY LINE OF LE GORDON DRIVE FROM E. RAY MORRIS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.290 acres along the east right of way line of Le Gordon Drive (State Route 707) from E. Ray Morris, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 710 10/09/02 8.C.11.b. ALONG THE WEST RIGHT OF WAY LINE OF OLD STAGE ROAD FROM F. G. PRUITT, JR., AND DORIS B. PRUITT, O. J. PRUITT AND BETTY P. PRUITT, JOAN P. BUHRMAN, MARTHA P. FINK, ELIZABETH DALE P. WILKINSON, JULIE M. MOONEY, CARRIE P. EMERY, F. GRAY PRUITT, III AND NANCY C. PRUITT, THOMAS E. PRUITT AND TERI C. PRUITT, AND O. J. PRUITT, JR. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.189 acres along the west right of way line of Old Stage Road (State Route 732) from F. G. Pruitt, Jr. and Doris B. Pruitt, O. J. Pruitt and Betty P. Pruitt, Joan P. Buhrman, Martha P. Fink, Elizabeth Dale P. Wilkinson, Julie M. Mooney, Carrie P. Emery, F. Gray Pruitt, III and Nancy C. Pruitt, Thomas E. Pruitt and Teri C. Pruitt, and O. J. Pruitt, Jr., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. The following items were removed from the Consent Agenda for public coJm~Lent: 8.C.12. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF EASEMENTS FOR THE WOOLRID~E ROAD WATERLINE Mr. George Beadles requested that future agenda items for eminent domain issues provide more specific information relative to negotiations for the property. He expressed concerns that the contract for the project is being awarded at the same time as the authorization to exercise eminent domain for the acquisition of easements. No one else came forward to speak to the issue. Mr. Harmon stated that discussions with the property owner have been ongoing since July 2002, and easement acquisition for the project began in September 2001. When asked, Mr. Micas stated that the requested action is in compliance with state law. On motion of Mr. Warren, seconded by Mr. McHale, the Board authorized the County Attorney to proceed with eminent domain and exercise immediate right of entry pursuant to Sections 15.2-1904 and 1905 of the Code of Virginia for the acquisition of easements for the Woolridge Road Waterline, and instructed the County Administrator to notify the owner by certified mail on October 11, 2002, of the county's intention to take possession of the easements. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 10/09/02 8.C.4.c. FROM THE CLOVER HILL AND MATOACA DISTRICT IMPROVE~m. NT FUNDS TO THE DEPARTMENT OF ENVIRONMENTAL ENGINEERING TO PURCHASE AND INSTALL A TURBIDITY CURTAIN IN SWIFT CREEK RESERVOIR Mr. George Beadles inquired as to what necessitated the need for a turbidity curtain and also the reason it is not being funded through the Utility Department budget. No one else came forward to speak to the issue. Mr. Warren stated that, as a result of significant rain in early September, sedimentation was leached from Virginia Department of Transportation's Route 288 Project into Tomahawk and Little Tomahawk Creeks, and then into the county's drinking water resource, primarily in the area on the north side of Genito Road. He further stated that the curtain is environmentally sensitive and will serve as a further means of protecting the Swift Creek Reservoir. He stated that this probably should have been installed five years ago, but the county was not aware of its availability. Mrs.. Humphrey requested that the Utilities and Environmental Engineering Departments determine if there are other areas where these curtains might be necessary, and suggested that additional curtains be funded through the general fund. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board transferred $1,500 from the Clover Hill District Improvement Fund and $1,500 from the Matoaca District Improvement Fund ($3,000 total) to the Department of Environmental Engineering to purchase and install a turbidity curtain in Swift Creek Reservoir. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. The following item was removed from the Consent Agenda for Board discussion: 8.C.14. APPROVAL OF MEMBERSHIP DUES WITHHOLDING REQUEST FROM THE CHESTERFIELD PROFESSIONAL FIREFIGHTERS ASSOCIATION When asked, Mr. Ramsey stated that staff has consistently recommended denial of similar requests in the past. He further stated that staff feels approval of the request would establish a precedent for other employee organizations. Mr. Miller expressed concerns relative to unionization of public servants and the possibility of collective bargaining issues. He stated that he does not support the request and feels it would set a bad precedent. Mr. McHale stated that the county allows dues withholding for the Chesterfield Education Association (CEA), indicating that he supports the request because it is not inconsistent with what the county allows for its teachers. Mr. Warren stated that he concurs with Mr. McHale, and inquired as to whether the Chesterfield Professional Firefighters Association is a union. 02- 712 10/09/02 Mr. Micas stated that the Chesterfield Professional Firefighters Association is a chapter of an international union that engages in union activities. He further stated that the organization cannot collectively bargain in the State of Virginia. Mr. Barber stated that he has always had his CEA dues deducted from his paycheck and feels the firefighters should be afforded the same benefit as teachers. Mrs. Humphrey stated that the Chesterfield Professional Firefighters Association is a functioning unit within the Fire Department, and she will support the request. On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized payroll deduction for professional firefighter association union dues. Ayes: Warren, Barber, Humphrey and McHale. Nays: Miller. 9. HEARINGS OF CITIZENS ON UNSCHEDULEDMATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the following reports: A report on Developer Water and Sewer Contracts; and a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH Meadow Oaks, Section C Blackjack Oak Court (Route 05356) - From Meadow Oaks Boulevard (Route 5450) to Cul-de-sac 0.12 Mi English Oak Court (Route 5357) - From Meadow Oaks Boulevard (Route 5450) to Cul-de-sac 0.07 Mi Meadow Oaks Boulevard (Route 5450) - From 0.02 mile south of Morningmist Drive (Route 5455) to Intersection English Oak Court and Blackjack Oak Court (Route 5357 and 5356) 0.03 Mi Meadow Oaks Boulevard (Route 5450) - From Intersection English Oak Court and Blackjack Oak Court (Route 5357 and 5356) to .04 mile south of English Oak Court and Blackjack Oak Court (Route 5357 and 5356) 0.04 Mi Ayes: Miller, Warren, Humphrey, Barber and McHale. Nays: None. 02- 713 10/09/02 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: 12. INVOCATION Reverend Charles Long, Pastor of New Hope Lutheran Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Jonathan Patrick Rice led the Pledge Allegiance to the flag of the United States of America. of Mr. Miller recognized Boy Scouts Michael Wilson, Daniel Cheatham and Brent Wood, Troop 880, sponsored by Beulah United Methodist Church, who were present at the meeting. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING OCTOBER 2002, AS "DOMESTIC VIOLENCE AWARENESS MONTH" Mr. Hammer introduced Ms. Janett Forte, Domestic Violence Resource Center Coordinator, Ms. Sharon Lindsay, Police Department Domestic Violence Coordinator, Mr. Larry Barnett, Community Services Board and Task Force Co-chair, Ms. Beth Smyers, Domestic Violence Commonwealth Attorney, and members of the Domestic Violence Task Force who were present to receive the resolution. (~Silent witness" figures accompanied members of the Domestic Violence Task Force.) On motion of the Board, the following resolution was adopted: WHEREAS, violence in the home continues as a major social problem affecting all members of the family and community and dramatically reduces the quality of life for many citizens; and WHEREAS, we understand the problems of domestic violence occurs among people of all ages and in families of all economic, racial, and social backgrounds; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and 02- 714 10/09/02 WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men and their children and our community as a whole; and WHEREAS, Chesterfield County is committed to supporting the well being of families by advocating for intervention and prevention activities that decrease the incidents of domestic violence; and WHEREAS, only a coordinated and integrated effort, which obtains a co~u~Litment from all elements of the community to share responsibility in the fight against domestic violence, will put an end to the horrific crime. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 9tn day of October 2002, publicly recognizes the month of October 2002, as "Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic Violence Resource Center, the Chesterfield Domestic Violence Task Force and our local domestic violence service providers in working towards the elimination of domestic violence in our co~Lunity. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution to Ms. Forte, accompanied by members of the Domestic Violence Task Force, and acknowledged the importance of public awareness efforts to eliminate domestic violence. Ms. Forte expressed appreciation to the Board for its support and for recognizing of "Domestic Violence Awareness Month." Ms. Beth Taylor, daughter of one of the ~silent witnesses," shared her mother's domestic violence story with the Board, and requested that the Board continue to promote awareness of domestic violence. 14.B. RECOGNIZING JONATHAN PATRICK RICE UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Hammer introduced Mr. Jonathan Patrick Rice who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his coK~Lunity, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and 02- 715 10/09/02 WHEREAS, Mr. Jonathan Patrick Rice, Troop 888, sponsored by Saint Augustine's Catholic Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Jonathan has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 9tn day of October 2002, hereby extends its congratulations to Mr. Jonathan Patrick Rice on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Rice, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Rice expressed appreciation to the Board for the recognition and also to his mentors and parents for their support. 15. PUBLIC HEARINGS 15.A. TO CONSIDER RE-ADOPTION OF AN ORDINANCE IMPOSING MANDATORY RESTRICTIONS ON THE USE OF PUBLIC WATER, SURFACE WATER AND GROUND WATER IN ACCORDANCE WITH THE GOVERNOR'S EXECUTIVE ORDER Mr. Bryant stated that this date and time has been advertised for a public hearing to consider re-adoption of an ordinance imposing mandatory restrictions on the use of public water, previously adopted on an emergency basis. Mr. Miller called for the public hearing. Mr. George Beadles expressed concerns relative to use of water from the Swift Creek Reservoir and Lake Chesdin for the Brandermill and Chesdin Landing Country Clubs, and suggested that they use public water instead. He suggested that the Board rapidly consider charging a rate one and one-half times the current rate for water consumption above a certain limit. He also suggested that aerial photographs be taken of Lake Chesdin to show how bad the drought situation really is, and expressed concerns that Mr. Bryant has not provided the Board with a current update of the county's water conditions. Mr. Richard Inman, a Midlothian resident, expressed concerns that he is unable to wash his 36-foot motor home under the current ordinance. 02- 716 10/09/02 Mr. Brian Fatzinger, a Midlothian resident who is in the landscaping/irrigation business, stated that it takes 1.5 inches of water to maintain an established lawn. He requested that the Board adopt an on-going conservation program, after the October 31, 2002 ending date of the ordinance, for either an odd/even watering schedule, or an evening only schedule. He noted that night watering provides 50 percent more water into the ground than watering during the day. There being no one else to speak to the ordinance, the public hearing was closed. Mr. Ramsey provided water consumption data from the past several months: 55 million gallons per day in July during the height of the water usage; 28-29 million gallons since the mandatory restrictions were adopted in August; and 33-34 million gallons per day in the past few days. He stated that, although watering of refurbished lawns is permitted for 30 days until October 31, 2002, the consumption is still 20 million gallons less than it was in July. He further stated that Lake Chesdin is 65 inches below spillway and holding at the level with the current drawdown, and Swift Creek Reservoir is 3.3 feet below the spillway and continuing to drop slowly, with reduced production to approximately four million gallons per day. He stated that the restrictions adopted by the Board have significantly reduced consumption. Mr. Warren stated that he received an e-mail from a constituent who repairs his driveway annually and would like to be able to water it prior to the repair. He further stated that he receives Governor Warner's drought report on a regular basis, and indicated that it is a very serious problem throughout the state. He noted that Chesterfield was the first locality in Central Virginia to take a leadership role in conserving water, and the citizens have shown that they are willing to sacrifice to protect the county's valuable water resource. On motion of Mr. McHale, seconded by Mr. Warren, the Board re-adopted the following ordinance: AN ORDINANCE AMENDING THE ORDINANCE SUSPENDING THE COUNTY MANDATORY RESTRICTIONS ON USE OF PUBLIC WATER AND IMPOSING MANDATORY RESTRICTIONS ON THE USE OF PUBLIC WATER, SURFACE WATERS AND GROUND WATER IN ACCORDANCE WITH THE GOVERNOR'S EXECUTIVE ORDER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. That the following ordinance is hereby adopted as follows: Sec. 1. Suspension of mandatory restrictions on use of public water. Due to the adoption by the Governor of Virginia of Executive Order 33 on August 30, 2002, the County ordinance imposing mandatory restrictions on use of public water adopted by the Board of Supervisors on an emergency basis on July 24, 2002 and readopted on August 28, 2002, hereafter referred to as the County Mandatory Water Restriction Ordinance is hereby suspended until such time as Executive Order 33 is no longer in force and effect as to 02- 717 10/09/02 Chesterfield County. At such time as Executive Order 33 is no longer in force and effect as to Chesterfield County, the County Mandatory Water Restriction Ordinance shall immediately become effective again. Sec. 2. Mandatory water use restrictions. ao No public water, ground water, or surface water shall be used for any of the activities prohibited by Executive Order 33, or by any modification hereafter made to Executive Order 33. Any modification to the water use prohibitions adopted by the Governor shall be prohibited in the County by this ordinance, mutatis mutandis. Except as set forth in subparagraph (b) of this section, if Executive Order 33 is amended, superseded or otherwise modified in a way that permits a water use that is not permitted by the County Mandatory Water Restriction Ordinance, or if the Drought Coordinator grants an exception to the restrictions of the Executive Order that permits a water use that is not permitted by the County Mandatory Water Restriction Ordinance, then the prohibition of the County Mandatory Water Restriction Ordinance shall be in full force and effect, and the water use that would otherwise have been permitted by such amendment, supersession, modification or exception shall still be prohibited in Chesterfield County as provided in such Ordinance. In addition, washing paved areas is prohibited except for health and safety requirements. bo Watering of newly established lawns and watering of lawns that have been aerated and/or thatched and overseeded, shall be permitted for a period of thirty (30) days after the new lawn has been planted or the existing lawn has been seeded, or until October 31, 2002, which ever comes earlier. Watering is prohibited after October 31, 2002. All lawn watering not expressly permitted by this section is prohibited. Sec. 3. These restrictions shall take effect immediately upon adoption of this ordinance. Sec. 4. It shall be a violation of this ordinance for any person to use water or allow, or cause the use of water in violation of any of the provisions of this ordinance. Sec. 5. Penalty. The provisions of section 6 of the County Mandatory Water Restriction Ordinance shall apply to violations of this ordinance. In addition, notice of assessment of fines imposed on violators who are not users of the public water system shall be sent to the address where the violation took place. Sec. 6. This ordinance shall not be set out in the Code. (2) That this ordinance shall take effect immediately and shall expire upon the termination of Executive Order 33 as it affects Chesterfield County, at which time the County Mandatory Water Restriction Ordinance shall once again become effective. Ayes: Warren, Miller, Barber, Humphrey and McHale. Nays: None. 02- 718 10/09/02 15.B. TO CONSIDER ELECTRONIC SUBMISSIONS FOR CERTAIN SITE PLAN AND SUBDIViSION APPROVALS AND RELATED FEES Mr. McElfish stated that this date and time has been advertised for a public hearing to consider amendments to the subdivision and zoning ordinances relative to electronic submissions for certain site plan and subdivision approvals and related fees. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance amendments. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-264 AND 19-279 RELATING TO ELECTRONIC SUBMISSIONS FOR CERTAIN SITE PLAN APPROVALS AND RELATED FEES BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That Sections 19-264 and 19-279 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 19-264. Preparation and submission of site plans. o o o (f) After site plan approval other than minor site plan and improvement sketches and prior to the issuance of a land disturbance permit, the property owner or his agent shall deliver to the director of environmental engineering in electronic format such as DXF for AutoCADD, or other electronic format acceptable to the director, the following information: (i) proposed contours for the approved site plan, (ii) boundaries of all impervious areas for the approved site plan and (iii) delineation of storm sewer lines and associated structures for the approved site plan. In lieu of the foregoing, the property owner or his agent may submit the required information in a non-electronic format upon payment to the environmental engineering department of the fee stated in § 19-279 to reimburse the county's costs of transferring the information to the required electronic format. o o o Sec. 19-279. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing as follows: o o o (e) Request by applicant for environmental engineering department to transfer to electronic format such non- 02- 719 ~0/09/02 electronic information regarding contours, boundaries of impervious areas and delineation of storm sewer lines as set forth in § 19-264. $75.00 (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS ~IENDED BY AMENDING AND RE-ENACTING SECTIONS 17-11 AND 17-32 RELATING TO ELECTRONIC SUBMISSIONS FOR SUBDIVISION APPROVALS FOR TOWNHOUSE PROJECTS AND RELATED FEES BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That Sections 17-11 and 17-32 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 17-11. Fees. The fees for processing subdivisions by the county shall be payable upon submission of the plats to the county for tentative or final approval and shall be equal to the following: o o o (i) Request by applicant for engineering department to transfer to electronic format such non-electronic information for townhouse projects regarding contours, boundaries of impervious areas and delineation of storm sewer lines as set forth in § 17-32(d). $75.00 o o o Sec. 17-32. Procedure for lot subdivision approval. o o o d. Procedure for review of construction plans. o o o (4) For all projects involving townhouses, prior to the issuance of a land disturbance permit, the property owner or his agent shall deliver to the director of environmental engineering in electronic format such as DXF for AutoCADD, or other electronic format acceptable to the director, the following information: (i) proposed contours for the approved construction plans, (ii) boundaries of all impervious areas for the approved construction plans and (iii) delineation of storm sewer lines and associated structures for the approved construction plans. In lieu of the foregoing, the property owner or his agent may submit the required information in a non-electronic format upon payment to the environmental engineering department of the fee stated in § 17-11 to reimburse the county's costs of transferring the information to the required electronic format. 02- 79-0 ~0/09/02 (2) That this ordinance shall become immediately upon adoption. Ayes: Warren, Miller, Barber, Humphrey and McHale. Nays: None. effective 15.C. TO CONSIDER AN ORDINANCE ESTABLISHING A SEPARATE TAX CLASSIFICATION AND RATE FOR BIOTECHNOLOGY EQUIPMENT Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance establishing a separate tax classification and rate for biotechnology equipment. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY ADDING SECTION 9-59.1 RELATING TO TAXATION OF BIOTECHNOLOGY EQUIPMENT BE IT ORDAINED Chesterfield County: by the Board of Supervisors of 1) That the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to add Section 9-59.1 to read as follows: Sec. 9-59.1. Biotechnology Equipment. The following shall constitute a classification separate from other classifications of tangible personal property and be taxed at the rate of $1.00 on every $100 of assessed value thereof: equipment used primarily for research, development, production, or provision of biotechnology for the purpose of developing or providing products or processes for specific commercial or public purposes, including, but not limited to, medical, pharmaceutical, nutritional, and other health- related purposes; agricultural purposes; or environmental purposes but not for human cloning purposes as defined in § 32.1-162.21 of the Code of Virginia or for products or purposes related to human embryo stem cells. For purposes of this section, biotechnology equipment means equipment directly used in activities associated with the science of living things. (2) That this ordinance shall become immediately upon adoption. effective Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 721 10/09/02 15.D. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO PARTIAL TAX EXEMPTION FOR REHABILITATED, RENOVATED AND REPLACE~n~.NT STRUCTURES Mr. Micas stated that this date and time has been advertised for the Board to consider ordinance amendments relating to partial tax exemption for rehabilitated, renovated and replacement structures. Mr. Miller called for the public hearing. No one came forward to speak to the ordinances. After brief discussion, on motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-31 RELATING TO PARTIAL EXPEMPTION FROM REAL ESTATE TAXES FOR CERTAIN REHABILATED, RENOVATED OR REPLACEMENT COMMERCIAL OR INDUSTRIAL STRUCTURES BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That Section 9-31 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: (a) A partial exemption from real estate taxes is granted to certain commercial and industrial property which qualifies under the criteria listed in subsection (b). (b) For real property to qualify for the partial exemption granted by this section, the following criteria must apply: (1) Any real estate upon which there is an existing commercial or industrial structure shall be deemed to have been substantially rehabilitated, renovated or replaced when a structure 25 years old or older has been improved so as to increase the assessed value of the structure by 15 percent or more. For structures in an area designated by the Commonwealth of Virginia as an enterprise zone, the structure may be 15 years old or older. (2) The base value of the commercial or industrial structure shall be the assessed value of the structure prior to the commencement of the work as determined by the county assessor upon receipt of an application for the tax exemption. (3) The tax exemption provided in subsection (b) (1) shall apply when the rehabilitation, renovation or replacement is completed and the amount exempt from tax shall be equal to the increase in assessed value, if any, resulting from the rehabilitation, renovation or replacement of the assessed commercial or industrial structure, as determined by the county assessor. The exemption shall apply only to any subsequent assessment or reassessment. In any year in which the market value of the qualified real estate decreases below the base 02- 722 10/09/02 value, as determined pursuant to this section, no credit or refund shall be provided to the owner. (4) The exemption shall run with the real estate for five years. (5) Nothing in this section shall be construed to allow the county assessor to list upon the land book any reduced value or any reduced taxes due to the exemption provided herein. (c) Prior to beginning the rehabilitation, renovation or replacement the owner of any real estate meeting the criteria stated in this section shall apply for the exemption on forms provided by the county. Upon receiving the application, the county assessor shall determine the base value of the structure. This base value determination shall be effective for two years from the date of determination, but applicants may reapply after this time period expires. The owner shall pay an application fee of $50.00 for each application which shall be refundable upon completion of the replacement or rehabilitation. Property located in an enterprise zone shall be exempt from paying an application fee. (d) Upon completion of the rehabilitation, renovation or replacement the county assessor shall be notified in writing and shall inspect the property to determine the assessed value of the structure and the amount, if any, of the rehabilitated real estate tax exemption for that structure. No property shall be eligible for exemption unless the appropriate building permits have been acquired, and the county assessor has verified that the rehabilitation, renovation or replacement indicated on the application has been completed and meets the requirements of this section. In determining the base value and the increased value resulting from the substantial rehabilitation, renovation or replacement the county assessor shall employ usual and customary methods of assessing real estate. (e) Where rehabilitation is achieved through demolition and replacement of an existing structure, the partial exemptions provided in subsection (b) shall not apply when any structure demolished is a registered Virginia landmark or is determined by the Department of Historic Resources to contribute to the significance of a registered historic district. (2) That this ordinance shall become immediately upon adoption. effective And, further, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-32 RELATING TO PARTIAL EXEMPTION FROM REAL ESTATE TAXES FOR CERTAIN REHABILATED, RENOVATED OR REPLACEMENT RESIDENTIAL STRUCTURES (1) That Section 9-32 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: 02- 723 10/09/02 (a) A partial exemption from real estate taxes is granted to certain residential property which qualifies under the criteria listed in subsection (b). (b) For real property to qualify for the partial exemption granted by this section, the following criteria must apply: (1) The property must be lawfully used for residential purposes. (2) There must be a residential structure on the property no less than 25 years of age which has been rehabilitated, renovated or replaced; provided, however, that if the real estate tax assessment of the structure is more than ten percent lower than the assessment of similar structures in the immediate area, as determined by the assessor, due to the physical condition of the structure, the structure may be 15 years or older in order to qualify under this subsection. (3) If the structure is a multifamily residential structure, the rehabilitation, renovation or replacement must not increase the total square footage of the structure being rehabilitated, renovated or replaced by more than 30 percent. (4) For structures other than multifamily residential structures, the exemption shall apply only to the first 200 percent of any increased square footage due to replacement or rehabilitation. (5) The rehabilitation, renovation or replacement must increase the assessment of the structure by more than ten percent and must be complete. (6) The rehabilitation, renovation or replacement must be accomplished with appropriate building permits. (c) Prior to beginning the rehabilitation, renovation or replacement the owner of any real estate meeting the criteria stated in this section shall apply for the exemption on forms provided by the county. Upon receiving the application, the county assessor shall determine the base value of the structure. This base value determination shall be effective for two years from the date of determination, but applicants may reapply after this time period expires. The owner shall pay an application fee of $50.00 for each application, which shall be refundable upon completion of the replacement or rehabilitation. (d) If the assessor determines that the property for which an application has been filed qualifies for the partial exemption under this section, the property shall be exempt from the increase in real estate taxation resulting solely from the rehabilitation, renovation or replacement. This exemption shall become effective on January 1 of the year following the determination made by the assessor and shall run with the real estate for a period of eight tax years. The amount of the exemption shall not change over such eight-year period. Upon completion of the rehabilitation, renovation or replacement the county assessor shall be notified in writing and shall inspect the property to determine the assessed value of the structure and the amount, if any, of the 02- 72~ 10/09/02 rehabilitated real estate tax exemption for that structure. No property shall be eligible for exemption unless the appropriate building permits have been acquired, and the county assessor has verified that the rehabilitation, renovation or replacement indicated on the application has been completed and meets the requirements of this section. In determining the base value and the increased value resulting from the substantial rehabilitation, renovation or replacement the county assessor shall employ usual and customary methods of assessing real estate. (e) Nothing in this section shall be construed to permit the county assessor to list upon the land book any reduced value due to the partial exemption provided in subsection (d) (f) Where rehabilitation is achieved through demolition and replacement of an existing structure, the partial exemption provided in subsection (b) shall not apply when any structure demolished is a registered Virginia landmark or is determined by the Department of Historic Resources to contribute to the significance of a registered historic district. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.E. TO CONSIDER COMCAST'S PROPOSED RATE INCREASE FOR LIMITED BASIC CABLE SERVICE Mr. Micas stated that this date and time has been advertised for a public hearing to consider Comcast's proposed rate increase (up to a maximum of 89 cents) for limited basic cable service, effective November 1, 2002. He stated that, under federal law, the county can review the rate increase but the review is limited to determine whether it was correctly calculated under the Federal Communication Commission (FCC) regulations. He further stated that staff has no reason to believe that Comcast has not followed the FCC formulas, and, if the Board chooses to audit Comcast's submissions supporting the rate increase, it would likely require hiring a consultant at a significant cost of approximately $i0,000, and noted that other localities generally do not undertake rate reviews because of the low likelihood of lower rates. He stated that staff's recorc~Lendation is to authorize the County Administrator to investigate the feasibility of auditing Comcast's records and report to the Board by November 13, 2002. Mr. Miller called for the public hearing. Mr. George Beadles stated that he does not feel the County should spend $10,000 to hire a consultant to study Comcast's submissions relative to the rate increase. He further stated that he would like to see the Planning Commission's work session televised. There being no one else to speak to the issue, the public hearing was closed. 02- 725 Mr. Kirby Brooks, representing Comcast, came forward to answer questions from the Board. He stated that Comcast has not determined if there will be a rate increase at this time, but has filed its required annual recalculation of rates. He noted that the limited basic rate has not changed since January 1999. Discussion ensued relative to the types and cost of services offered by Comcast, and the actual cost of installing cable for new subscribers. Mr. Warren thanked Mr. Brooks for his assistance in responding to requests on behalf of citizens, and stated that he feels Comcast has excellent choices and is competitive with satellite television providers. Discussion ensued relative to comparative rates in nearby jurisdictions. Mr. Barber stated that he feels the public hearing was a good idea, and he hopes the Board will continue to hold public hearings when there is the possibility of a Comcast rate increase. He further stated that he does not feel it is necessary for the County Administrator to investigate the potential increase. Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to deny staff's request to authorize the County Administrator to investigate the feasibility of auditing Comcast's records. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16. ADJOURNMENT On motion of Mr. Warren, seconded by Mr. McHale, the Board adjourned at 8:21 p.m. until October 16, 2002 at 5:00 p.m. for a meeting with the Legislative Delegation. Ayes: Miller, Warren, Humphrey, Barber and McHale. Nays: None. Chairma~ 02- 726 10/09/02