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10-10-2001 MinutesBOARD OF SUPERVISORS MIN-dTES October 10, 2001 Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Kelly E. Miller, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Ms. Lisa Elko, Clerk 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 Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Dir., Accounting Ms. Lynell McClinton, Chief of Admin., Parks and Rec. Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney 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 Mr. Thomas A. Taylor, Dir., Block Grant Office Sheriff Clarence Williams, Sheriff's Department Mrs. Humphrey called the regularly scheduled meeting to order at 4:15 p.m lO/lO/Ol 01-782 1, APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the minutes of September 26, 2001, as submitted. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 2. COUNTY ADMINISTRATOR'S COM~4ENTS Mr. Ramsey introduced Mr. Wes Swope, Director of Golf/General Manager for First Tee Chesterfield to make a presentation on programs and activities after their first full summer of operation. Mr. Swope stated that operations at First Tee are currently very strong and it is anticipated that contributions from title sponsors, together with two grants, should extinguish any operating deficit for 2002. He further stated that the buffer along the exterior of the golf course adjacent to home sites should be completed by late October or early November 2001. He then introduced Ms. Sherry Dircks, Director of Instruction and Programming, to review First Tee's certification program. Ms. Dircks stated that First Tee's certification program is a six-session program that includes life skills as well as golf instruction. She further stated that 258 students have completed the program since January 2001. She stated that First Tee hopes to expand its programming in the future by adding additional classes and offering life skill instruction in all levels of the County's school system. Mr. Wade Vidal stated that participation at the First Tee facility has been a wonderful experience for his son Logan. Mr. Logan Vidal, a member of First Tee's junior program, stated that he has enjoyed the program so much that he now volunteers at the facility. Ms. Alicia Vidal stated that First Tee offers a great opportunity for families to participate together in the same sport. Mr. Ramsey stated that 90 percent of the children who have been certified through First Tee's program and 95 percent of the children who are utilizing the facility are Chesterfield residents. When asked, Mr. Ramsey stated that no County funds are being used to subsidize First Tee. He also indicated that the buffering around the water hazards is complete. BOARD COMMITTEE REPORTS Mr. Barber expressed appreciation to Ms. Randol who was guest speaker at his constituents' meeting on October 1, 2001 regarding the Citizen Satisfaction Survey. Mr. Warren stated that his next constituents' meeting will be held October 30, 2001 regarding terrorism, homeland security and its impact on the community. He further stated that he will hold another community meeting on November 19, 2001 at Clover Hill High School relative to international terrorism and facts that County residents should be aware of. 01-783 iO/lO/O1 Mrs. Humphrey requested that invitations also be extended to the Matoaca District constituency for the November 19, 2001 meeting. Mr. Warren stated that he feels a joint meeting for Clover Hill and Matoaca residents is a good idea. Mr. McHale stated that he will hold a constituents' meeting on November 5, 2001 relative to the Citizen Satisfaction Survey. He further stated that the meeting will be held at the Small Business Incubator so that residents will have the opportunity to view the facility. REOUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board added Item 8.B.9.c., Transfer of District Improvement Funds from the Clover Hill District Improvement Fund to the Parks and Recreation Department for the Purchase and Installation of a Water Meter to Serve the Irrigation System at the Swift Creek Elementary School Athletic Field; added Item 8.B.10., Transfer of Unallocated Community Development Block Grant Funds for the Design and Construction of Drainage Improvements at Rayon Park; added Item 8.B.11., Authorization for Sprintcom, Incorporated, Triton PCS, Incorporated and Richmond 20MH2, LLC d/b/a NTELOS to Apply for Substantial Accord and a Conditional Use Planned Development to Permit Exceptions to Ordinance Requirements for Communications Antennae to be Installed on the Robious Water Tank; replaced Item 10.B., Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and adopted the Agenda, as amended. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITION~ 5oa. RECOGNIZING MR. JOSEPH H. NUNNALLY, JR., S~RIFF'S OFFICE, UPON HIS RETIREMENT Sheriff Williams introduced Mr. Joseph Nunnally who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Joseph H. Nunnally, Jr. has faithfully served the Chesterfield County Sheriff's Office in positions ranging from Deputy to Captain since January 1971; and WHEREAS, serving the public for over thirty years, Mr. Nunnally has provided quality public service and symbolized the type of employee Chesterfield County seeks; and WHEREAS, Mr. Nunnally's desire to do a good job has been a primary factor that has permitted him to perform at a very high level while always striving for excellence and going beyond the call of duty; and WHEREAS, Mr. Nunnally has been extremely effective in working with all groups, including elected representatives, officials from surrounding localities, co-workers, and the citizens of Chesterfield County. lO/lO/Ol 01-784 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Mr. Joseph H. Nunnally, Jr., expresses the appreciation of all residents for his service to the County, and extends its appreciation for his dedicated service to the County, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Nunnally and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and a Jefferson Cup to Mr. Nunnally, accompanied by members of his family and Sheriff Williams, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Mr. Nunnally expressed appreciation to the Board recognition and stated that he has enjoyed working Sheriff's Office and serving the public. for the in the 5,B, RECOGN!ZiN~ QCTOBER 7 - 15, 2001 A~ "FIRE PREVENTION W~EK" Lieutenant Lonnie Lewis expressed appreciation to the Board for its support of fire prevention efforts and stated that open houses will be held at all County fire stations on October 14, 2001. He stated that this year's theme is fire safety in the home. He further stated that Lowe's has generously donated 1,000 smoke detectors for the Fire Department to distribute to County citizens. He stated that a program is being developed for a summer Fire Camp which will target middle school children in the County. He then introduced Fire Marshal Michael Hatton who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, cooking, heating and electrical fires represent three of the nation's leading causes of home fires, and are collectively responsible for nearly half of all home fires and almost one-third of the associated fire deaths; and WHEREAS, the vast majority of home cooking, heating and electrical fires can be prevented by taking simple safety precautions; and WHEREAS, developing a home fire escape plan and practicing it at least twice a year is critical to escaping a fire safely; and WHEREAS, proper installation, testing and maintenance of smoke alarms are part of a thorough home fire escape plan; and WHEREAS, by preventing the leading causes of home fires, and by developing and practicing a thorough home fire escape plan, people can greatly reduce their risk to fire; and WHEREAS, the Fire Prevention Week 2001 theme, "Cover Your Bases and Strike Out Fire," teaches the public how to prevent cooking, heating and electrical fires, and encourages people to develop a home fire escape plan that includes working smoke alarms; and iO/iO/O1 01-785 WHEREAS, the fire service of Chesterfield County is dedicated to the safety of life and property from the devastating effects of fire; and WHEREAS, the members of the fire service are joined by other concerned citizens of this County, as well as other emergency service providers and safety advocates, businesses, schools and service clubs. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of October 7-13, 2001, as "Fire Prevention Week," and that this week commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors calls upon the people of Chesterfield County to participate in fire prevention activities at home, work and school, and to take the steps needed to make their homes and families safe from the leading causes of home fires, which include cooking, heating and electrical. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution to Chief Hatton, accompanied by Lieutenant Lewis, and expressed appreciation for the Fire Department's efforts in fire prevention. 5.C. RECOGNIZING OCTOBER 2001, AS "OUALITY MO~" Mr. Ramsey introduced Ms. Sharon Randol, Quality Coordinator who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, a commitment to excellence in government, education, manufacturing, service and health care is essential to our nation's well-being; and WHEREAS, over the years, Virginians have shown great personal pride and interest in developing quality goods and services and in promoting a high standard of excellence in both the public and private sectors; and WHEREAS, from the smallest to largest manufacturing service organizations in the Commonwealth of Virginia, quality is a major concern; and WHEREAS, the individual workers, business leaders, educators, and government officials must work together to promote excellence in the public and private sectors, and WHEREAS, in February 1992, the Chesterfield County Board of Supervisors directed the County Administrator to develop and initiate an ongoing total quality improvement effort aimed at reinventing the way Chesterfield County government services its customers; and WHEREAS, many County employees have joined the ranks of those in the private sector who are applying quality improvement tools and training in the workplace; and WHEREAS, Chesterfield County has distinguished itself as a leader in quality and productivity as evidenced by the lO/ O/Ol 01-786 receipt of the 1998 Award for Continuing Excellence, and by documented improvements that have accumulated to 31,000 hours saved and $5.7 million in costs savings and cost avoidance; and WHEREAS, the Chesterfield County Board of Supervisors recognizes that continuation of the County's commitment to Total Quality Improvement is a vital part of the County's strategies to provide a FIRST CHOICE community through excellence in public service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 2001, as ~Quality Month" in Chesterfield County and calls its significance to the attention of all its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution to Ms. Randol, accompanied by Mr. Ramsey, and expressed appreciation for the Total Quality Improvement initiative that has saved the County $1 million annually. Mr. Ramsey read a letter from Senators Warner and Allen acknowledginH the outstanding performance of Ms. Randol as Chair of the process for the Senate Productivity and Quality Award of Virginia. He expressed appreciation to Ms. Randol for her leadership in quality efforts in the State as well as the County. Ms. Randol expressed appreciation for the Board's continued support of the quality initiative. 6. WORK SESSIONS O REPORT ON CHANGES FOR FINANCIAL STATEMENTS Mr. Jeff Franklin, Accounting Manager, presented an overview of major reporting changes for financial statements required by the Governmental Accounting Standards Board (GASB) effective for FY2002. He stated that governments with revenues in excess of $100 million or more must implement the changes in FY2002. He reviewed four components of the required changes: maintaining a fund based focus; government wide focus; infrastructure; and management discussion and analysis. He stated that the fund based focus includes recording financial activity by major fund and indicated that the same statements and information will still be available. He further stated that the government wide focus will move jurisdictions into the line of more traditional business reporting using statements of activities and net assets. He further stated that infrastructure is being reported for the first time in governmental funds and requires retroactive reporting and reporting using historical cost based depreciation. He stated that the Management Discussion and Analysis component of the changes will provide an analysis of the basic financial statements that users need to interpret the information presented in the statements. He reviewed improvements that will be accomplished through the new reporting: provides long term financial perspective; presents cost of services approach; continues to provide short term perspective for budgetary accountability; and provides a narrative overview and analysis. Mr. McHale stated that the new reporting statements will be easier for citizens to review. 01-787 iO/iO/O1 Mr. Ramsey stated that the reporting changes represent a major transition for the Accounting Department and commended staff for their efforts in implementing the new reporting. 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, approved the following streetlight installations: CLOVER HILL DISTRICT * Sandyridge Parkway and Shady Pointe Court Cost to install streetlight: $5,852.36 MIDLOTHIAN DISTRICT * Elkhardt Road, vicinity of 6611 Cost to install streetlight: $312.12 Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. the Board 8.B. CONSENT IT~M~ 8.B.1. APPROVAL OF DONATION OF SURPLUS BOAT TRAILER AND MOTOR TO COLONIAL HEIGHTS FIRE DEPARTMENT On motion of Mr. McHale, seconded by Mr. Miller, the Board approved the donation of a boat trailer and motor to Colonial Heights Fire Department. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.2. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivi$iQn Street Requirements. lo/ o/ol 01-788 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. Tyne Change to the Secondary System of State Hiohwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.t -229 Project: From: To: Addition Savannah Trace, Section 3 Gateline Drive, State Route Number: 3028 Steven Hill Dr., ( Rt. 3898) .04 Mi. S Of Steven Hill Dr., ( Rt. 3898), a distance of: 0.04 miles. Right-of-way record was filed on 4/25/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 69, with a width of 40 Ft. · Ironside Drive, State Route Number: 3032 From: Steven Hill Dr., ( Rt. 3898) To: .07 Mi. S Of Steven Hill Dr., ( Rt. 3898), a distance of: 0.07 miles. Right-of-way record was filed on 4/25/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 69, with a width of 40 Ft. · Ruddy Creek Drive, State Route Number: 4474 From: Steven Hill Dr., ( Rt. 3898) To: Bryanbell Dr., ( Rt. 3031), a distance of: 0.11 miles. Right-of-way record was filed on 4/25/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 69, with a width of 40 Ft. · Steven Hill Drive, State Route Number: 3898 From: Ruddy Creek Dr., ( Rt. 4474) To: .02 Mi. E Of Ruddy Creek Dr., (Rt. 4474), a distance of: 0.02 miles. Right-of-way record was filed on 4/25/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 69, with a width of 40 Ft. · Steven Hill Drive, State Route Number: 3898 From: Ruddy Creek Dr., ( Rt. 4474) To: Gateline Dr., ( Rt. 3028), a distance of: 0.08 miles. Right-of-way record was filed on 4/25/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 69, with a width of 40 Ft. · Steven Hill Drive, State Route Number: 3898 From: Gateline Dr., ( Rt. 3028) To: Ironside Dr., ( Rt. 3032), a distance of: 0.10 miles. Right-of-way record was filed on 4/25/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 69, with a width of 40 Ft. · Steven Hill Drive, State Route Number: 3898 From: Ironside Dr., ( Rt. 3032) To: Tumaway Ln., ( Rt. 3030), a distance of: 0.07 miles. 01-789 Right-of-way record was filed on 4/25/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 69, with a width of 40 Ft. · Staven Hill Drive, State Route Number: 3898 From: Tumaway Ln., ( Rt. 3030) To: .07 Mi. W Of Tumaway Ln., ( Rt. 3030), a distance of: 0.07 miles. Right-of-way record was filed on 4/25/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 69, with a width of 40 Ft. · Turnaway Lane, State Route Number: 3030 From: Steven Hill Dr., ( Rt. 3898) To: .03 Mi. S Of Steven Hill Dr., ( Rt. 3898), a distance of: 0.03 miles. Right-of-way record was filed on 4/25/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 69, with a width of 40 Ft. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.3. ADOPTION OF RESOLUTIONS 8.B.3 .a. RECOGNIZING OFFICER ROBERT H. SAMUELS, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, Mr. Robert H. "Robbie" Samuels retired from the Chesterfield County Police Department on October 1, 2001; and WHEREAS, Officer Samuels provided 24 years of quality service to the citizens of Chesterfield County; and WHEREAS, Officer Samuels has faithfully served the County in the capacity of Patrol Officer, Evidence Technician, and Field Training Officer; and WHEREAS, Officer Samuels received a commendation for his outstanding forensic knowledge and skill, whereby he provided crucial forensic evidence and testimony, which led to the arrest and conviction of two murderers in Chesterfield County; and WHEREAS, the evidence gathered by Officer Samuels and other detectives also enabled the Richmond Police Department to clear a murder and shooting in the City of Richmond; and WHEREAS, Officer Samuels has received numerous letters of thanks and appreciation for the assistance rendered in all types of situations; and WHEREAS, Officer Samuels has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Officer Samuels' diligent service. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Robert H. "Robbie" Samuels, and extends on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to lo/lo/ol 01-790 the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.3 .b, RECOGNIZING OCTOBER 10, 2001 AS "SAVE DAY IN CHESTERFIELD COUNTY" On motion of Mr. McHale, seconded by Mr. Miller, 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 America's Violence Everywhere (SAVE); and 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 publicly recognizes October 10, 2001 as "SAVE Day" in Chesterfield County. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. $.B.4. APPROVAL OF CONSTRUCTION CONTRACTS $.B,4,a, TQ GERALD K. MOODY T/A SOUTHERN CONSTRUCTION COMPANY FOR THE CHALKLEY ROAD WATER LINE PROJECT On motion of Mr. McHale, seconded by Mr. Miller, the Board awarded a construction contract to Gerald K. Moody T/A Southern Construction Company, in the amount of $146,401.97, for County Project Number 00-0121, Chalkley Road Water Line, and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-791 lO/lO/Ol 8.B.4.b. TO HOLMES ENTERPRISES, INCORPORATED FOR THE RENOVATION OF THE ROOF FOR THE PROCTOR'S CREEK WASTEWATER TREATMENT PLANT DIGESTOR BUILDING On motion of Mr. McHale, seconded by Mr. Miller, the Board awarded a construction contract to Holmes Enterprises, Incorporated, in the amount of $195,000, for the renovation of the roof for the Proctor's Creek Wastewater Treatment Plant Digestor Building, and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.5. APPROVAL OF UTILITY CONTRACT FQR CROSS-SMITH SEWER LINE EXTENSION On motion of Mr. McHale, seconded by Mr. Miller, the Board approved the following utility contract for Cross-Smith Sewer Line Extension - Contract Number 01-0134, which includes 163 L.F. ± of eight-inch wastewater lines, and authorized the County Administrator to execute any necessary documents. Developer: Contractor: Contract Amount: Code: District: Margaret S. Cross and Littleton Lester Smith InfraCorps of Virginia, Incorporated Estimated County Cost for Offsite ...................... Estimated Developer Cost ..... Estimated Total .............. (Refunds thru Connections - Offsite) Matoaca $11,002.45 $23,672.55 $34,675.00 5N-572VO-E4D (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.6. ACCEPTANCE OF PARCELS OF LAND_ 8 .B.6 .a. ALONG THE EAST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY AND THE SOUTH RIGHT OF WAY LINE OF OSBORNE ROAD FROM CAPITAL REALTY ASSOCIATES, L.L.¢, On motion of Mr. McHale, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing 0.489 acres along the east right of way line of Jefferson Davis Highway and the south right of way line of Osborne Road from Capital Realty Associates, L.L.C., 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: Humphrey, Miller, Barber, McHale and Warren. Nays: None. lO/lO/O 01-792 8.B.6.b. ALONG THE EAST RIGHT OF WAY LiNE OF BRANDERS BRIDGE ROAD FROM THE TRUSTEES OF LIVING WORD WORLn OUTREACH On motion of Mr. McHale, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing 0.067 acres along the east right of way line of Branders Bridge Road (State Route 625) from the Trustees of Living Word World Outreach, 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: Humphrey, Miller, Barber, McHale and Warren. Nays: None. APPROPRIATION OF FUNDS FOR THE WINTERPOCK ROAD WIDENING PROJECT AT ROUTE 360 On motion of Mr. McHale, seconded by Mr. Miller, the Board appropriated $249,516 in cash proffers for the Winterpock Road Widening Project ($106,036 from Shed 11 and $143,480 from Shed 12); and authorized the County Administrator to proceed with the design, right-of-way acquisition and advertisement for a construction contract for the Winterpock Road Widening Project. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. SET DATE FOR A PUBLIC HEARING TO CONSIDER CHANGES TO THE ZONING ORDINANCE RELATING TO AMENDMENTS TO PREVIOUSLY ZQNED PROPERTY On motion of Mr. McHale, seconded by Mr. Miller, the Board set the date of November 14, 2001 at 7:00 p.m. for a public hearing to consider changes to the Zoning Ordinance relating to amendments to previously zoned property. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.9, TRANSFER OF DISTRICT IMPROVEMENT FUNDS $,B,9.a, FROM THE MATOACA DISTRICT IMPRQVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR FIELD IMPROVEMENTS TO EXISTING BASEBALL FIELDS AND THE CREATION OF A FOOTBALL FIELD AT THE ALBERTA SMITH ATHLETIC FIELD On motion of Mr. McHale, seconded by Mr. Miller, the Board transferred $5,000 from the Matoaca District Improvement Fund to the Parks and Recreation Department for field improvements (top soil, seed, irrigation and drainage) to existing baseball fields and the creation of a football field at the Alberta Smith Athletic Field. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-793 O/lO/Ol 8.B.9.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE VIRGINIA STATE UNIVERSITY SCHOLARSHIP PROGRAM On motion of Mr. McHale, seconded by Mr. Miller, the Board transferred $2,000 from the Matoaca District Improvement Fund to the Virginia State University Scholarship Fund, to be designated for a Chesterfield County student. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.9.c. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FQR THE PURCHASE AND INSTALLATION OF A WATER METER TO SERVE THE IRRIGATION SYSTEM AT THE SWIFT ~RE~K ELEMENTARY SCHOOL ATHLETIC FIELD On motion of Mr. McHale, seconded by Mr. Miller, the Board transferred $7,000 from the Clover Hill District Improvement Fund to the Parks and Recreation Department for the purchase and installation of a water meter to serve the irrigation system at the Swift Creek Elementary School athletic field. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.10. TRANSFER OF UNALLOCATED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE DESIGN AND CONSTRUCTION OF DRAINAGE IMPROVEMENTS AT RAYON PARK On motion of Mr. McHale, seconded by Mr. Miller, the Board transferred $50,000 in unallocated Community Development Block Grant funds for the design and construction of drainage improvements at Rayon Park, pending approval by the Office of Housing and Urban Development. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .B.11. AUTHORIZATION FOR SPRINTCOM, INCORPORATED, TRITON PCS, INCORPORATED AND RICHMOND 20MH2, LLC D/B/A NTELOS TO APPLY FOR SUBSTANTIAL ACCORD AND A CONDITIONAL USE PLANNED DEVELOPMENT TO PERMIT EXCEPTIONS TO ORDINANCE REOUIREMENT~ FOg COMMUNICATIONS ANTENNAE TO BE INSTALLED ON T~E ROBIOUS WATER TANK On motion of Mr. McHale, seconded by Mr. Miller, the Board authorized Sprintcom, Incorporated, Triton PCS, Incorporated and Richmond 20MH2, LLC d/b/a NTELOS to apply for substantial accord and a conditional use planned development to permit exceptions to ordinance requirements for communications antennae to be installed on the Robious Water Tank. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-794 9, HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIM8 There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Miller, the Board approved 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. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 11, DINNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: (It is noted Mr. Barber did not return for the evening session.) Mrs. Humphrey stated that photographs and literature for the 20 National Association of Counties (NACo) Awards received by the County are on display in the lobby of the Administration Building. Mrs. Humphrey congratulated the Virginia Commonwealth University School of Engineering upon receiving its full accreditation. Mrs. Humphrey expressed condolences to families and friends of members of the Richmond Dive Club who tragically perished in Belize as a result of Hurricane Iris. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Kyle Healy led the Pledge of Allegiance to the flag of the United States of America. 12. INVOCATION Mr. Russell Harris gave the invocation. 01-795 14, RESQLUTIQNS AND ~PE¢IAL RECQGNITIONS 14 .A. RECOGNIZING OCTOBER 11, 2001, AS "CHRISTMAS MOTHER DAY" Mr. Hammer introduced Ms. Mary Giebel, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, most families in Chesterfield County enjoy peace and happiness during the Christmas holidays; and WHEREAS, there are many, including children, the elderly and the less fortunate, who do not have the means to enjoy this special time of year; and WHEREAS, the Chesterfield/Colonial Heights Christmas Committee has successfully provided food, gifts, and clothing to many of our citizens in the past; and WHEREAS, Ms. Mary Giebel has been elected Christmas Mother for 2001 and requests support of all the citizens of the County to ensure that those less fortunate may enjoy this special season of the year. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 11, 2001 as "Christmas Mother Day" and urges all citizens of Chesterfield County to support this worthy endeavor. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors publicly commends the Christmas Committee for their very successful efforts in past years and extends best wishes for a successful 2001 season. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Giebel and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. Mrs. Humphrey presented the executed resolution and a contribution, on behalf of the County, to Mrs. Giebel and wished her well in her endeavors as Christmas Mother. She recognized Mrs. Martha Miles and Mrs. Barbara McHale, past Christmas Mothers who were present at the meeting. Mrs. Giebel expressed appreciation to the Board for its support of the Chesterfield/Colonial Heights Christmas Mother Program. 14.B. RECOGNIZINg BOY SCOUTS UPON ATTAININg THE RANK OF EAGLE SCOUT 14.B.1. JONATHAN REEVES STOKES, MIDLOTHIA~T Mr. Hammer introduced Mr. Jonathan Stokes who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 01-796 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 community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Jonathan Reeves Stokes, Troop 800, sponsored by Bethel Baptist 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 hereby extends its congratulations to Mr. Jonathan Reeves Stokes 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: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. Mrs. Humphrey presented the executed resolution and patch to Mr. Stokes, accompanied by members of his family, congratulated him on his outstanding achievement and wished him well in his future endeavors. Mr. Stokes expressed appreciation to the Board for the recognition and also to his parents and God for their support. 14,B,2, KYLE FRANCIS V0LPE HEALY, CLOVER HILL Mr. Hammer introduced Mr. Kyle Healy 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 community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and 01-797 lO/lO/Oi WHEREAS, Mr. Kyle Francis Volpe Healy, Troop 800, sponsored by Bethel Baptist 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, Kyle 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 hereby extends its congratulations to Mr. Kyle Francis Volpe Healy 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: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. Mr. Warren presented the executed resolution and patch to Mr. Healy, accompanied by members of his family, congratulated him on his outstanding achievement and wished him well in his future endeavors. Mr. Healy expressed appreciation to the Board for the recognition and also to God, his pastor, parents and fellow scouts for their support. 15. PUBLIC HEARINGS 15 .A. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT T~E CLOVER HILL WATER TANK Mr. Stith stated that this date and time has been advertised for a public hearing to consider the leasing of County property at the Clover Hill water tank. Ms. Lisa Murphy, representing Sprintcom, Incorporated, expressed appreciation for the opportunity to co-locate antennae on County structures and encouraged the Board to approve the lease. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved the leasing of County property at the Clover Hill water tank to Sprintcom, Incorporated subject to required zoning amendments, if any. Ayes: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. 15 .B. TO CONSIDER T~ APPROPRIATION OF FUNDS FOR THE ROUTE 360 (SWIFT CREEK TO WINTERPOCK ROAD) WIDENING PROJECT Mr. Stith stated that this date and time has been advertised for a public hearing to consider the appropriation of funds for the Route 360 Widening Project. lO/lO/O 01-798 No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board appropriated an additional $5,800,000 in anticipated Virginia Department of Transportation (VDOT) reimbursements for the Route 360 (Swift Creek to Winterpock Road) Widening Project, and authorized a construction amendment, acceptable to the County Attorney, to the VDOT/County Project Agreement. Ayes: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. 15,C, TO CONSIDER THE REQUEST TO OUITCLAIM A 0,376 AC~E RIGHT OF WAY TO SOMMERVILLE DEVELOPMENT CORPORATION Mr. Stith stated that this date and time has been advertised for a public hearing to consider a request to quitclaim a 0.376 acre right of way to Sommerville Development Corporation. No one came forward to speak to the request. On motion of Mr. Miller, 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 0.376 acre parcel of land to Sommerville Development Corporation. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. 15 .D. TO CONSIDER AN AMENDMENT TO THE zONING ORDINANCE RELATING TO FLAGS Mr. Stith stated that this date and time has been advertised for a public hearing to consider an amendment to the zoning ordinance relating to flags. (It is noted the Planning Commission recommended the ordinance amendment in Exhibit A at their August 21, 2001 meeting, which limits non-commercial flag poles to 75 feet and prohibits flags from being draped from buildings.) Mr. Bob Schrum stated that he supports the proposed ordinance, but would like to see the restriction on flag pole height eliminated for the American flag. When asked, Mr. Schrum stated that the Garrison Flag requires a 75-foot pole. There being no one else to speak to the ordinance, the public hearing was closed. When asked, Mr. Jacobson stated that flag poles exist in the County that are taller than 75 feet. He further stated that the ordinance amendment in Exhibit C would remove any restrictions on non-commercial flags, flag pole heights and the draping of flags from buildings, but would still restrict commercial flags. When asked, Mr. Micas stated that all non-commercial flags must be treated equally relative to restrictions. Mr. Miller questioned the possibility of requiring that flags be maintained in the proper manner. 01-799 iO/lO/Oi Mr. Jacobson stated that maintenance of flags is not addressed through the zoning ordinance. Mr. Micas stated that the zoning ordinance is designed to regulate use, and maintenance of use is handled through the Building Code. Mr. Miller questioned the possibility of addressing the desecration of flags through the proposed ordinance. Mr. Micas stated that the First Amendment allows the flag image to be used in unsavory ways. Mrs. Humphrey stated that Exhibit C has addressed the Board's concerns by providing that there be no restriction on the size of noncommercial flags or flag poles. Mr. Miller stated that American flag should appropriately. he feels persons be responsible who display the for honoring it Mr. Micas stated that he will provide the Board with a memorandum explaining what local governments can do to protect the image of the American flag. Mr. Miller expressed concerns relative to obstructed views as a result of displaying large flags on short flag poles. Mr. Jacobson stated that obstructed views are not addressed in the zoning ordinance. Mr. Ramsey stated that the Police and Transportation Departments would address issues of obstructed views. Mr. McHale stated that he is satisfied that Exhibit C addresses the concerns raised by Mr. Schrum. Mr. Warren made a motion, seconded by Mr. McHale, for the Board to adopt the ordinance amendment in Exhibit C. Mr. Schrum stated that Congress is currently developing a flag etiquette proposal which he feels will address Mr. Miller's concerns. Mrs. Humphrey called for a vote on the motion made by Mr. Warren, seconded by Mr. McHale, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-632 AND 19-639 RELATING TO FLAGS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 19-632 and 19-639 of the Code of thC County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: (1) Sec. 19-632. Definitions. the For the purposes of sections 19-631 through 19-650, following words and phrases shall have these meanings: o o o Banner: A sign consisting of a piece of fabric or other similar 1o/1o/oz 01-800 flexible material, other than a flag or pennant, used to advertise a special promotion or activity. o o o Flag: A sign consisting of a piece of cloth or other flexible material attached to a flag pole, light post or mounted on a building and used as a symbol. o o o Sec. 19-639. Flags. Flags do not require sign permits and are allowed so long as: The flag is a noncommercial flag that only depicts the emblem and insignia of a nation, political unit, educational, charitable, religious, civic or similar group or is a noncommercial decorative flag. A commercial flag is a flag that is not a noncommercial flag. Commercial flags are allowed but each commercial flag shall be limited to the same size requirements as freestanding signs (Section 19-649). The size of any freestanding sign allowed on a site shall be reduced by the total square footage of all commercial flags displayed on the site. Commercial flags must not exceed a height of forty feet. Each flag other than a building mounted flag must be individually attached to a pole which does not exceed a height of forty feet for commercial flags. The height of the pole shall be measured in accordance with § 19-647. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. 16. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adjourned at 7:45 p.m. until October 19, 2001 at 9:00 a.m. for the Regional Summit to be held at the Richmond Convention Center; from that meeting to October 22, 2001 at 6:30 p.m. for a dinner with the Volunteer Fire Chiefs to be held at Ruth's Chris Steak House; and from that meeting to the next regularly scheduled meeting on October 24, 2001 at 4:00 p.m. in the Public Meeting Room. Ayes: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. ~ent/~y'A~amTnS'emsYt~ator / Chairman 01-801