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02-11-1998 MinutesBOARD OF SUPERVISORS MINUTES February 11, 1998 Supervisors in Attendance: Staff in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Dr. William Bosher, School Board Superintendent. Mr. Craig Bryant, Dir., Utilities Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergov. Relations Ms Becky Dickson, Acting Dir., Budget and Mgmt. Mr F. W. Dolezal, Fire Department Mr William D. Dupler, Building Official Mr Michael Golden, Dir., Parks and Recreation Mr Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, County Ombudsman Ms. Tammy D. Haskins, Acting Clerk to the Board Mr. Donald Kappel, Dir., Public Affairs Ms. Mary Lou Lyie, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Lt. Col. Dennis McDonald, Police Department Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Francis Pitaro, Dir., General Services Mr. William D. Poole, Asst. Dir., Planning Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., CommuniEy Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. Scott Zaremba, Asst. Dir., Human Resource Mgmt. 98-65 Mrs. Humphrey called the regularly scheduled meeting to order at 4:10 p.m. 1. APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of January 28, 1998, as amended. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Mrs. Rosalyn Key, with the Capital Area Training Consortium (CATC), to brief the Board on the status of the Consortium's programs in Chesterfield County. Mrs. Key reviewed the CATC'S programs in the County including Virginia's CareerConnect System and stated that CareerConnect is the soon to be developed Internet based workforce development information system that will attempt to provide a broad array of information and services to job seekers and employers alike. She requested the County to assist the CATC in ensuring that the System meets the needs of the Chesterfield community. 3. BOARD COMMITTEE REPORTS Mr. Daniel stated that he attended a Virginia Association of Counties (VACo) Board of Directors meeting on February 5, 1998 and noted that there are numerous pieces of legislation going through the General Assembly such as funding for school construction and health care. He noted that the major topic of discussion continues to be the Uno car tax" issue and that VACo is no longer opposed to this measure. He stated that there is still much dialogue on how the Uno car tax" measure will ultimately be implemented. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES iN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board replaced Item 8.C.4., Authorization to Exercise Eminent Domain for the Acquisition of Sewer Easements and Temporary Construction Easements Across Property of Lucy C. Rightmeyer, Edward C. Roberts, and Nationsbank, Trustees; added Item 8.C.5.d., Acceptance of a Parcel of Land Along Bermuda Hundred Road from Meadowville, L.L.C. to follow Item 8.C.5.c., Acceptance of a Parcel of Land Along the North Right-of-Way of Hickory Road from Children's Home of Virginia Baptists, Incorporated; and added Item 8.C.14., Adoption of Resolution Regarding Budget Amendments to Establish a Regional Mass Transportation System to follow Item 8.C.13.b., Transfer of Dale District Three Cent Road Funds to Purchase Flags to be Used at Schools in the Dale District and Install Flag Poles at Hopkins Elementary School and the Chesterfield Technical 98-66 2/11/98 Center; and added an Item to Adopt a Resolution in Opposition to Senate Bill 570; and, adopted the Agenda, as amended. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 5, RESOLUTIONS AND SPECIAL RECOGNITIONS There were no Resolutions and Special Recognitions. 6. WORK SESSIONS 6.A. THE EASTERN MIDLOTHIAN PLAN Mr. Glenn Larson stated that because of the strategic and economic importance of the Eastern Midlothian Turnpike Corridor and surrounding communities, the future success of the Eastern Midtothian Plan will greatly influence the future of Chesterfield County. He then introduced Ms. Barbara Fassett, Project Manager for the Eastern Midlothian planning effort to present an overview of the Plan. He noted that Ms. Beverly Rogers, Planning Administrator, will then present an overview of the proposed zoning ordinance amendments relating to C-5 uses along the Midlothian Turnpike Corridor. Ms. Fasset presented an overview of important issues of The Eastern Midlothian Pla~ including the strategic regional location and economic importance of the Corridor to the economy of Chesterfield; acknowledging the importance of close private/public cooperation in implementing the Plan; identifying business activity that will continue to be successful in a changing marketplace; and recognizing that healthy neighborhoods are the foundation for a viable, strong community and critical to the success of the Eastern MidloEhian business corridor. She then reviewed key findings including the Eastern Midlothian business corridor accounting for nine percent of ChesEerfi. eld's commercial tax base; the corridor having great potential for increased development of employment center uses; and the County should not be seen as the principal provider of solutions to the challenges facing 5he Eastern Midlothian area. She then reviewed major plan recommendations including land use balance in the Eastern Midlothian area; land use supportive of employment centers and retail businesses; the Eastern Midlothian business alliance; community initiatives to work for healthy neighborhoods; and zoning adjustments consistent with the proposed land use plan. There was brief discussion relative to what issues of the Plan are at risk if Senate Bill 570, which relates to vesting of land uses, is passed and to the affect that Senate Bill 570 will have on zoning and land use. Mrs. Humphrey stated that staff will update the Board in the evening' session regarding some issues in the General Assembly including the Watkins/Marsh Budget Amendment and Senate Bill 570. 98-67 Mr. Warren stated that the Brandermill Community Association has expressed their interest in receiving additional information regarding Senate Bill 570. He further stated that he feels the public needs to be more informed regarding issues such as this. He stated that he has also heard much concern from citizens regarding the Watkins/Marsh proposal. Mr. Daniel stated that he feels the Board of Supervisors needs to adopt a resolution opposing Senate Bill 570. Mr. Warren concurred with the comments expressed by Mr. Daniel and stated that he would like for the Board to adopt a resolution at its evening session of the meeting today opposing Senate Bill 570. Mr. McHale stated that many needs of the County have changed over the years and that enabling legislation needs to be in place that is responsive to those changes. He further stated that he feels it is important that the public is aware that the three Senators, representing Chesterfield County, are supporting Senate Bill 570. Mr. Barber commended staff on their quick analysis of the Board's position on issues such as this. He stated that County staff participated in discussions surrounding Senate Bill 570, however, it is his understanding that none of the changes, necessary to protect Chesterfield County citizens, were incorporated in this Bill. He further stated that due to the County's involvement in the process, the County should not be held accountable for the end results of such Bills. Ms. Fassett then reviewed the Eastern Midlothian Plan's community initiative recommendations including creating a sense of community; building neighborhood self-sufficiency; and ensuring the coordinated delivery of County services. She then reviewed the Business Alliance recommendations including commitment to a strong public/private partnership. She then reviewed the Business Alliance fundamental principles including business commitment; and coordination with the Gateway Business Association. She stated that the community initiative is a series of strategies devoted to building community. She further stated that the goals of the community initiative are to create a sense of community, building neighborhood self- sufficiency, ensure the delivery of County services in a coordinated and focused manner, and encourage further cooperation between residents, businesses, and the County. She further stated that other goals involve community identity, property maintenance[ community beautification, and public safety. She stated that the future of the Eastern Midlothian area is more closely tied to private investment and market forces rather than to the actions of government, therefore, the role of the private citizens, businesses, and property owners in this business development strategy is absolutely critical to its success. She then reviewed long term objectives including commitment to strong public/private partnership, maximizing private investment, avoiding deterioration through productive use of land and buildings, and promoting strategic public investments. She then reviewed principals associated with the 2/11/98 98-68 business alliance. She then introduced Ms. Rogers to review the concept of the proposed ordinance amendment. Ms. Rogers then presented an overview of uses, current zoning, and proposed zoning regarding the ordinance amendment. She stated that one of the concerns expressed by the business community related to certain types of commercial uses that do not yet exist along the Midlothian Turnpike Corridor, but which could have a negative impact on the area should businesses locate along the Corridor. She further stated that the majority of the properties on the south line, and some properties on the north line, of the Midlothian Turnpike Corridor, are zoned C-5. She stated that staff has held several meetings with area residents, as well as the business community, and that following the meetings, a proposed zoning ordinance amendment was drafted to address concerns specifically relating to uses permitted by-right in a C-3 District within the Eastern Midlothian Corridor. When asked, she stated that the proposed ordinance amendment applies only to the Eastern Midlothian Turnpike corridor, however, there may be other portions of the County in which the proposed ordinance may be applicable. Mr. Daniel expressed some concern with the proposed ordinance not applying County-wide and stated that he feels if certain uses should be Conditional use along Eastern Midlothian, perhaps they should also be Conditional use County-wide. Mr. Poole stated that the Planning Commission put forth a work program approximately one year ago which includes a general discussion of commercial/industrial uses and appropriate zoning categories for certain uses. He indicated that the issue outlined by Mr. Daniel coUld be addressed at that time. Ms. Rogers stated that the goals of the proposed amendment include protecting existing business and residential development from new incompatible development and allowing public input to ensure that businesses requiring conditional use are operated in a manner which is compatible with existing businesses and residential developments in the area. She further stated the ordinance amendment will not prevent any existing legal business from continuing their current use and will not require any change to existing legal businesses or developments that are currently located in the area; and will not prevent anyone from seeking a conditional use for those uses that have been deemed appropriate through conditional use from ever locating along the Midlothian Turnpike Corridor. Mr. Warren recognized Officer Jeff Verlanda who was present at the meeting and noted that he attended many meetings regarding the Plan. He expressed appreciation to him for his efforts and input into this Plan. 98-69 6,B. PROJECTED FY99 REVENUES Mr. Ramsey introduced Ms. Sharon Randol, Quality Coordinator, to brief the Board on the County's Total Quality Improvement efforts as a kickoff to the budget presentation on projected revenues. Ms. Randol stated that Total Quality Improvement was developed in the County in 1992. She reviewed total quality efforts including winning the VML award for the~ Bond referendum communications; designing a TQI University; the County receiving a Triple Triple A Bond Rating; receiving fifteen NACo Achievement awards this past year and applying for forty awards this year; applying for the Award for Continuing Excellence; and developing the County's first Citizen Survey since 1985. She then reviewed the Baldridge Criteria; and strategic planning linking performance goals. She then reviewed the seven goals in the Strategic Plan consisting of providing world-class customer service; being the safest and most secure community of its size in the USA; providing an extraordinary quality of life; being the unifying leader of local government in the region; being the employer of choice; being the model of excellence in government; and being the First Choice business community. Mr. Barber commended staff and County Administration for their Total Quality Improvement efforts and stated that the County has made many improvements through this initiative. Ms. Randol then reviewed four areas of the Baldridge criteria including information and analysis; process management; process inventories; and business results. She expressed appreciation to the Board of Supervisors and Mr. Ramsey for their continued support of Total Quality Improvement. She then introduced Ms. Dickson for the budget revenues portion of the presentation. Ms. Dickson presented an overview of projected FY99 revenues including Chesterfield's projected population from 1970-2000; revenues per capita; FY99 estimated revenues versus FY98 adopted revenues; real estate taxes; 1988-1998 real estate assessed value; percent change of real estate assessed value from 1988-1998; and percent of assessed value of commercial/industrial real estate from 1988-1998. Mr. Daniel stated that the Budget and Audit Committee discussed the issue of the ratio of commercial/industrial real estate to residential. He further stated that the Committee has requested staff to look into additional types of factors such as return to the economy and sales taxes generated to see if there are other statistics that could properly track what is actually taking place in the County. Ms. Dickson stated that staff will be reviewing other factors and possibilities with the Department of Economic Development this coming summer. 98-70 2/11/98 Mr. McHale stated that the commercial/industrial real estate figures deal mainly with land that factories are located on and the factory itself and does not deal with machinery and tools. He further stated that the Committee requested staff to look into additional types of factors in an effort to get a more balanced "scorecard" on this ratio to reach a better measure of the County's performance. Mr. Warren stated that he is happy with the Committee's recommendation to staff and that he feels the way the County communicates this type of information to the public can always be improved. Ms. Dickson then reviewed building permits for single family and apartments for calendar years 1988-98; personal property taxes; percent change and total revenue projected for personal property revenue for FY90-FY99; projected percent change and total assessed value of personal property for FY94-FY98; number of new and used car registrations from FY94-FY97 for Chesterfield, Henrico, and Richmond. Mrs. Humphrey excused herself from the meeting. Ms. Dickson then reviewed the number of new and used car registrations from July - December for FY97 and FY98 for Chesterfield, Henrico, and Richmond; estimated percent change of local sales tax for FY88-FY99; local sales tax for FY90- FY98; and revenue available for FY99. Mrs. Humphrey returned to the meeting. Ms. Dickson then reviewed FY99 general fund sources/uses and the calendar for future presentations on the budget. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8,A. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Daniel, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Airport Advisory Board and the Solid Waste Advisory Committee. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-71 8.A.1. AIRPORT ADVISORY BOARD On motion of Mr. McHale, seconded by Mr. Daniel, the Board simultaneously nominated/reappointed the following members to serve on the Airport Advisory Board whose terms are effective February 14, 1998 and will expire March 1, 2001: Name District Melvin C. Shaffer William B. Chandler John R. Lillard Richard M. King Richard E. Collier Francis M. Pitaro Dale Midlothian Matoaca Bermuda Clover Hill Ex-Officio Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.A,2, SOLID WASTE ADVISORY COMMITTEE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Solid Waste Advisory Committee whose terms are effective immediately and will expire December 31, 1998. Name District James Kalanges Hugh Hawthorne William Howell Dona Link Tim Gorzycki William Parrish David Gee Michael Murphy Maria Trainham Bermuda Clover Hill Clover Hill Dale Dale Matoaca Matoaca Midlothian At-Large Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.B. STREETLIG~T INSTALLATION COST APPROVALS On motion of Mr. Warren, seconded by Mr. Barber, the Board approved the following streetlight installation cost approval: Clover Hill * Elkhardt Road and Tillers Ridge Drive Cost to install light: $176.70 Ayes: Nays: Humphrey, Warren, Barber, Daniel, 'and McHale. None. 98-72 2/11/98 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTION RECOGNIZING DETECTIVE ERNEST W. HAZZARD UPON HIS RETIREMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, Mr. Ernest W. Hazzard retired from the Chesterfield County Police Department on February 1, 1998; and WHEREAS, Mr. Hazzard has provided over twenty years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Hazzard has faithfully served the County in the capacity of Patrol Officer, Investigator, and Detective; and WHEREAS, Mr. Hazzard performed dutifully in his assignments and is especially recognized for his expertise and contributions toward the successful resolution of a number of major criminal investigations and heinous crimes since 1984; and WHEREAS, Mr. Hazzard has provided the Chesterfield County Police Department with years of loyal and dedicated service and the Chesterfield County Board of Supervisors will miss his diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes Mr. Ernest W. Hazzard and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Hazzard and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.2. APPROPRIATION OF FUNDS FOR THE CENTRE STREET ROAD PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board appropriated $350,000 in anticipated Virginia Department of Transportation reimbursements for the design and right-of-way acquisition of the Centre Street Road Project. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-73 8.C.3. STATE ROAD ACCEPTANC~ This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Fernbrook, Olde Williamsburg Section, Phase V, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Fernbrook, Olde Williamsburg Section, Phase V, Dale District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Barber, seconded by Mr. McHale, it is resolved that the roads in Fernbrook, Olde Williamsburg Section, Phase V, Dale District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Olde Liberty Road Length: 0.19 mile From: Existing Olde Liberty Road, State Route 3249, 0.01 mile north of Burgess House Lane, State Route 3248 To: Cul-de-sac, 0.20 mile north of Burgess House Lane, State Route 3248 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Welhaven Drive Length: 0.15 mile From: Olde Liberty Road, 0.03 mile north of Burgess House Lane, State Route 3248 To: Cul-de-sac, 0.15 mile northeast of Olde Liberty Road Guaranteed Right-of-Way Width: 40 feet. Name of Street: Benchmark Court Length: 0.03 mile From: Cul-de-sac, 0.03 mile west of Olde Liberty Road To: Olde Liberty Road, 0.11 mile north of Burgess House Lane, State Route 3248 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Barnwell Circle Length: 0.04 mile From: Olde Liberty Road, 0.16 mile north of Burgess House Lane, State Route 3248 To: Cul-de-sac, 0.04 mile east of Olde Liberty Road Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. 2/11/98 98-74 These roads serve 44 lots. This Section of Fernbrook, Olde Williamsburg Section, Phase V, is recorded as follows: Plat Book 53, Page 78, July 23, 1986. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .C .4. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACOUISITION OF SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS ACROSS PROPERTY OF LUCY C. RIGHTMEYER, EDWARD C , ROBERTS , AND NATIONSBANK, N.A. On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the County Attorney to proceed with eminent domain for the acquistion of sewer easements and temporary construction easements for the Meadowville Trunk Sewer and Pumping Station across property of Lucy C. Rightmeyer, Edward C. Roberts, and Nationsbank, N.A., (Co.-Trustees under the Will of G. Dallas Coons), for the estate of G. Dallas Coons, and exercise immediate right of entry pursuant to Sections 15.2- 1904 and 1905 of the Code of Virginia and that the County Administrator be instructed to notify the owner by certified mail on February 12, 1998 of the County's intention to take possession of the easement. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.5. ACCEPTANCE OF PARCELS OF LAND 8 .C.5.a. ALONG THE SOUTH RIGHT-OF-WAY OF IRONBRIDGE ROAD AND THE WEST RIGHT-OF-WAY QF EAST BOOKER BOULEVARD FROM SAMUEL W. GALSTAN AND C.. SHARONE WARD On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of two parcels of land: one parcel containing 0.016 acres along the south right-of-way of Ironbridge Road (State Route 10) and one containing 0.018 acres along the west right-of-way of East Booker Boulevard (State Route 1541) from Samuel W. Galstan and C. Sharone Ward (husband and wife) and authorized the County Administrator to execute the necessary deed. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-75 2/ 1/98 8.C.5.b. ALONG THE WEST RIGHT-OF-WAY OF BELMONT ROAD FROM BELLE ISLE CORPORATION On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 0.888 acres along the west right-of-way of Belmont Road, State Route 651, from Belle Isle Corporation, and authorized the County Administrator to execute the necessary deed. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.5.c. ALONG THE NORTH RIGHT-OF-WAY OF HICKORY ROAD FROM CHILDREN'S HOME OF VIRGINIA BAPTISTS, INCORPORATED On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 3.301 acres along the north right-of-way of Hickory Road, State Route 628, from Children's Home of Virginia Baptists, Incorporated and authorized the County Administrator to execute the necessary deed. Ayes: Nays: .Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.5.d. ALONG BERMUDA HUNDRED ROAD FROM MEADOWVILLE, LLC On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 2.2223 acres along Bermuda Hundred Road from Meadowville, LLC and authorized the County Administrator to execute the necessary deed. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.6, REQUEST FOR PERMISSION FROM GEORGE E. JOHNSON AND BARBARA A. JOHNSON TO INSTALL PRIVATE WATER AND SEWER SERVICES FOR A RESIDENCE ON KINGSDALE ROAD On motion of Mr. Barber, seconded by Mr. McHale, the Board approved a request from George E. Johnson and Barbara A. Johnson to install private water and sewer services for a residence at 3036 Kingsdate Road, subject to the execution and recordation of an agreement acceptable to the County Attorney. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.7. APPROVAL OF UTILITIES CONTRACT FOR THE JESSUP FARMS, SECTION A AND OLD COACH HILLS, SECTION A PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the following Utilities Contract for Jessup Farms, Section A (portion of) and Old Coach Hills, Section A (portion 98-76 2/11/98 of) - Contract Number 97-0303, which project includes additional wastewater improvements as requested by the County and authorized the County Administrator to execute any necessary documents: Developer: Contractor: Contract Amount: Brookstone Associates, L.C. Excalibur Construction Corporation Estimated Total - $106,009.75 Total Estimated County Cost: Wastewater (Additional Work) (Refund thru connections) Estimated Developer Cost: Code: (Additional Work) District: Dale $ 2,520.00 $103,489.75 5N-572VO-E4D Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.8. APPROVAL QF CF~NGE ORDERS 8.C.8.a. FOR ADDITIONAL WORK ON THE ADVANCE SITE PACKAGE CONTRACT AT THE PUBLIC SAFETY TRAINING CENTER IN ENON On motion of Mr. Barber, seconded by Mr. McHale, the Board approved a change order, in the amount of $16,715, with J. E. Liesfield for additional work on the advanced site package contract at the Public Safety Training Center in Enon. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.8.b. FOR THE HALLOWAY AVENUE AND RIVER ROAD WATER LINE REHABILITATION PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Change Order #1 (Final) for an increase of $52,023.20 for the Halloway Avenue and River Road Water Line Rehabilitation Project and authorized the County Administrator to execute the necessary documents. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C.9. AWARD CONSTRUCTION CONTRACT TO GERALD K. MOODY T/A SOUTHERN CONSTRUCTION CQMPANY FQR T~E ELKI{ARDT ROAD WATER LINE REF-ABILITATION PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board awarded a construction contract to Gerald K. Moody T/A Southern Construction Company, in the amount of $330,821.81, and authorized the County Administrator to execute the necessary documents. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-77 2/zl/98 8.C.10. AUTHORIZATION TO DECLARE A PARCEL OF LAND ON RIVER ROAD SURPLUS PROPERTY AND OFFER PROPERTY FOR SALE On motion of Mr. Barber, seconded by Mr. McHale, the Board declared a 2.000 acre parcel of land on River Road surplus property and offered the property for sale by sealed bids. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.11. SET DATES FOR PUBLIC HEARINGS 8.C.11.a. TO CONSIDER THE APPROPRIATION OF FUNDS TO ACOUIRE PROPERTY FOR T~E MEADOWVILLE TEC~/~OLOGY PARK On motion of Mr. Barber, seconded by Mr. McHale, the Board set the date of February 25, 1998 at 7:00 p.m. for a public hearing to consider appropriating $665,700 from the Industrial Park Reserve to the Chesterfield County Industrial Development Authority for the purpose of acquiring property for the Meadowville Technology Park. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.11.b. TO CONSIDER THE EASTERN MIDLOTHIANPLANAND PROPOSED ZONING ORDINANCE AMENDMENT RELATING TO USES PERMITTED IN THE C-5 DISTRICT IN THE EASTERN MIDLOTHIAN TURNPIKE CORRIDOR On motion of Mr. Barber, seconded by Mr. McHale, the Board set the date of March 11, 1998 at 7:00 p.m. for a public hearing to consider the Eastern Midlothian Plan and the proposed zoning ordinance amendment relating to uses permitted in the C-5 Distrit in the Eastern Midlothian Turnpike corridor. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.12. TRANSFER OF THREE CENT ROAD FUNDS FOR AFTER-PROM ACTIVITIES Mrs. Humphrey stated that promoting post-prom acitivities has been a success across Chesterfield County and was pleased that Board members were willing to help sponsor these events again this year. 8.C.12.a. MATOACA DISTRICT FOR MA/~CHESTER HIGH SCHOOL On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $1,000 from the Matoaca District Three Cent Road Fund to the School Board for after prom activities at Manchester High School, subject to conditions. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 2/11/98 98-78 8.C,12.b. MATOACA DISTRICT FOR MATOACA HIGH SCHOOL On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $1,000 from the Matoaca District Three Cent Road Fund to the School Board for after-prom activities at Matoaca High School, subject to conditions. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C.12 .c. CLOVER HILL DISTRICT FOR CLOVER HILL AND MONACAN HIGH SCHOOLS On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $2,000 from the Clover Hill District Three Cent Road Fund to the School Board for after-prom activities at Clover Hill and Monacan High Schools. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C,12 .d. MIDLOTHIAN DISTRICT FOR JAMES RIVER AND MIDLOTHIAN HIGH SCHOOLS On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $2,000 from the Midiothian District Three Cent Road Fund to the School Board for after-prom activities at James River and Midlothian High Schools. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.12.e. DALE DISTRICT FOR MEADOWBROOK HIGH SCHOOL On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $1,000 from the Dale District Three Cent Road Fund to the School Board for after-prom activities at Meadowbrook High School. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,C,12.f, MATOACA, BERMUDA, AND DALE DISTRICTS FOR LLOYD C. BIRD HIGH SCHOOL On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $1,000 ($400 from the Bermuda District Three Cent Road Fund, $400 from the Dale District Three Cent Road Fund, and $200 from the Matoaca District Three Cent Road Fund) to the School Board for after-prom activities at Lloyd C. Bird High School. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-79 2/11/98 8.C.13. TRANSFER OF THREE CENT ROAD FUNDS 8.C.13 .a. BERMUDA DISTRICT FOR TRACK AND FIELD EQUIPMENT AT CHESTER MIDDLE SCHOOL On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $1,500 from the Bermuda District Three Cent Road Fund to the Parks and Recreation Department to pay for the construction of a long jump track and shot put pad at Chester Middle School. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.c.13 .b. DALE DISTRICT TO PURCHASE FLAGS TO BE USED AT SCHOOLS IN THE DALE DISTRICT AND INSTALL FLAG POLES AT HOPKINS ELEMENTARY SCHOOL AND THE C~ESTERFIELD TEC~INICAL CENTER After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $1,820 from the Dale District Three Cent Road Fund to the School Board to purchase flags to be used at schools in the Dale District and to install flag poles at Hopkins Elementary School and the Chesterfield Technical Center. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.14. ADOPTION OF RESOLUTION REGARDING BUDGET ADMENDMENTS TO ESTABLISH A REGIONAL MASS TRANSPORTATION SYSTEM Mr. Daniel stated that the language that was originally written by the SJR 261 Study Committee, regarding a regional mass transportation system, was quite clear and the clarity was such that the localities, including Chesterfield, would not be obligated to pay for any of the costs of the mass transit system, and that whatever funds were given, were to be given freely by the State through the legislative process, and that the State would always be responsible for the costs. He further stated that it has now come to his attention that the proposed language of the budget appropriation did not ensure that after a couple of years, funding would not then be the responsibility of the localities. He stated that he would like a formal resolution to be adopted by the Board expressing the Board's position to the public. He further stated that funding that is being requested for this mass transportation system could be used towards many County projects. He stated that it is important for the public to know that the County is not talking about putting local funds into this project at this time nor in the future. He further stated that he would never vote for a generic resolution that would request the County to become obligated to take this funding over after a certain number of years. 98-80 2/11/98 Mr. Barber stated that the regional mass transportation system, referred to by Mr. Daniel, is SJR 261, which is a study committee that made a recommendation for a regional bus service, and in which Senators Watkins, Marsh, and Lambert then introduced a Bill into the General Assembly this year that would fund, for the next two years, public bus transportation in and out of Chesterfield County. He further stated that the County's position, which has been consistent for a number of years, is that public transportation is not a funding priority, therefore, the County has not extended bus lines into the County. He stated that once bus lines are extended into the County, the County must become liable for the revenue to operate the buslines. He further stated that it would take $500,000 or more to extend bus service from the City of Richmond into the County. He stated that County staff negotiated and discussed this Bill, which is now in the Senate. He further stated that staff requested that the General Assembly guarantee that the regional mass transportation system would be a State funded activity. He stated that the members of the General Assembly did not incorporate staff's input into the proposed budget appropriation language. Mr. Daniel stated that the priorities of the County need to be considered first before the issue of mass transportation service. He further stated that he cannot support anything that is open-ended, such as this bill. Mr. Warren stated that he supports the resolution before the Board at this time and that he would oppose the Watkins/Marsh Budget Amendment (SRJ 261). He further stated that he feels this Budget Amendment is bad public policy that represents new government spending, which is approximately $12.5 million in taxpayer dollars over the next two years. Discussion, comments, and questions ensued relative to the number of new riders that this bus transportation service would serve; the service cost per person over the next two years; the number of people who ride the Greater Richmond Transit Company bus service at Cloverleaf Mall; the number of people that a bus will accomodate; the increase in congestion as a result of bus service; and similar transportation services being avialble through Social Services and Mental Health. Mr. Warren stated that he feels the mass transportation issue has not been given adequate attention and that this is bad legislation which should be elminated. He stated that he will support the proposed resolution opposing the Budget Amendment. Mr. McHale stated that neighbors in Richmond have asked the County to support the extension of bus service along the Midlothian Corridor and the Hull Street Corridor. He further stated that the Board, on several instances, have stated that extending bus service is not a priority for the County. He stated that in the spirit of cooperation, the Board has indicated that if the State would fund the transportation, the Board would not stand in the way of them providing that service. He further stated that the County provided input into this project and laid out the ground work under which the County would be willing to participate in an effort to give 98-81 2/ /98 this pilot project a chance to work. He further stated that he does not feel the County should be at any risk for funding this transportation service. He stated that he feels what the County put forward in the negotiations with its neighbors was reasonable and was responsive to their stated needs. He further stated that he feels the General Assembly should either kill or cure this Bill. On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the SJR 261 Study Committee made recommendations regarding the provision of public transportation service in the Richmond region; and WHEREAS, a critical element of the Committee's recommendations was that the Commonwealth of Virginia should recognize the importance of developing a regional mass transit system in the capital of the Commonwealth by providing State general funds each fiscal year for the system's operating and capital requirements so that no expenditures would be required from local governments to provide this service; and WHEREAS, the budget amendment, sponsored by Senators Marsh, Watkins, and Lambert, does not include language that assures that the Commonwealth will continue to provide the necessary funding for the service and that local governments will not be mandated to absorb the costs of the system in the future; and WHEREAS, the budget amendment, sponsored by Delegate Hall, does not include the language recommended by the SJR 261 Committee, but instead recommends a diversion of federal funding from other transportation sources in order to implement the service and takes funding from current critical projects; and WHEREAS, the fiscal impacts of providing the service cannot be absorbed by local governments without major impacts on the provision of higher priority services such as schools, emergency services, public safety, and highways. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does not support budget amendments to establish a regional mass transportation system which do not incorporate the recommendations of the SJR 261 Committee that provide for State funding of mass transit services and requires no financial resources from local governments. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9. ~EARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or Claims at this time. 98-82 2/zz/98 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 Road and Street Light Funds; and Lease Purchases. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 11. DINNER On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Reconvening: Mr. Daniel requested everyone to remember Mr. Jack Stith, a former Falling Creek Middle School Principal, who recently passed away. Mrs. Humphrey requested everyone to also remember the family of Lieutenant Charles Brady, with the Cheserfield County Police Department, who recently passed away'. 12, INVOCATION Reverend Carl Coslett, Pastor of Trinity United Methodist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO TEE FLAG OF TEE UNITED STATES OF AMERICA Members of Boy Scout Troop 874 led the Pledge of Allegiance to the Flag of the United States of America. Mrs. Humphrey introduced Ms. Curtin to brief the Board and the public on legislative issues at this time, specifically, regarding the Budget Amendment put forth by Senators Watkins, Lambert, and Marsh and Senate Bill 570. Ms. Curtin stated that on February 22, 1998 the State Budget will be released and the County will know if the $12.5 million budget amendment for mass transit was funded or not. She further stated that Senate Bill 570 was reported out of the Senate Local Government Committee and that the County is 2/11/98 98-83 attempting to gather some support to amend the Bill, however, it is currently on the Senate floor with little opposition. Mrs. Humphrey reemphasized that SB570 has passed the Senate with a unanimous vote and stated that all the economic development initiatives of the County will be negatively impacted if this Bill passes the legislature and becomes law. Mr. Warren stated that he feels it is important that the County take a position regarding Senate Bill 570. Mr. Micas stated that a resolution has been drafted by staff declaring the Board's opposition to SB570 in its present form and noted that each of the Board members have a copy of that resoution. On motion of Mr. McHale, seconded by Mr. Daniel, the Board suspended its rules at this time to amend the Agenda and add an Item to adopt a resolution in Opposition to Senate Bill 570. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. The Clerk read the following resolution into the record: WHEREAS, SB570 relating to vested rights in certain land uses was presented to the Senate Local Government Committee on February 10, 1998 and they unanimously recommended its approval; and WHEREAS, the proposed Bill will ability to adopt zoning ordinances unforseen land use issues; and impact the County's to address critical WHEREAS, as soon as staff learned of the Bill, representatives met with the senate subcommittee reviewing the Bill and recommended changes, some of which were adopted; and WHEREAS, despite the subcommittee's changes, the Bill still limits the Boards' ability to address future land use concerns, effects a major change in state vesting law, limits the ability of citizens and business owners to request future code changes to address their needs and contradicts other portions of the state code. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors opposes SB570 in its current form and supports carrying the Bill over to the 1999 Session or, in the alternative, supports adoption of the attached amended Bill. After brief discussion, Mr. Daniel suggested that the Board eliminate the language in the final paragraph that reads, "and supports carrying the Bill over to the 1999 Session or, in the alternative, supports adoption of the attached amended Bill.~ 98-84 2/11/98 Mr. Daniel then made a motion, seconded by Mr. Warren, for the Board to adopt the following resolution, as amended: WHEREAS, SB570 relating to vested rights in certain land uses was presented to the Senate Local Government Committee on February 10, 1998 and they unanimously recommended its approval; and WHEREAS, the proposed Bill will impact the County's ability to adopt zoning ordinances to address critical unforseen land use issues; and WHEREAS, as soon as staff learned of the Bill, representatives met with the senate subcommittee reviewing the Bill and recommended changes, some of which were adopted; and WHEREAS, despite the subcommittee's changes, the Bill still limits the Boards' ability to address future land use concerns, effects a major change in state vesting law, limits the ability of citizens and business owners to request future code changes to address their needs and contradicts other portions of the state code. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors opposes SB570 in its current form. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. When asked, Ms. Curtin stated that citizens may comment on legislative proposals by writing to Senator John Chichester and Senator Stanley Walker, Co-Chairs of the Senate Finance Committee, and Delegate V. Earl Dickinson and Delegate Vince Callahan, Jr., Co-Chairs of the House Appropriations Committee. Mr. Barber briefly reviewed Senate Bill 613 relating to violations of parental rights and requested staff to report back to the Board regarding this Bill and how it would affect social service agencies and public institutions. Ms. Curtin stated that the County's use tax distribution request was carried forward in Senate Finance to next year and that even though the Bill did not pass, the County was successful in getting the State Tax Department to study the issue. She further stated that the tax credits for fast tolls also was not passed, however, there seems to be a lot of support for this issue, as similar bills were also submitted from other parts of the State. Mr. Barber stated that Fairfax County has not gone to the General Assembly as it relates to sprinklers being placed in attics of multi-family dwellings, however, Fairfax is considering asking for sprinklers to be part of the code in multi-family housing for decks, closets, hallways, etc. and not the attics. He further stated that he hopes the County may be successful in this request. He stated that he is disappointed that this issue has been placed in a study commission, rather than legislation. 98-85 2/11/98 Ms. Curtin stated that the SJR82, relating to a legislative study to address operation or other efficiencies that may be incurred by looking at the administration of both the Powhite Parkway and Powhite Parkway Extension, is progressing through the Senate. Mr. Ramsey stated that the Building Code Violations request, which would allow the County to better enforce Building Code Violations and give added protection to citizens, has passed the Senate and is in a House Committee at this time. Mrs. Humphrey expressed appreciation to Ms. Curtin for her efforts. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14,A. RECOGNIZING MR. RENEJUDE ANTHOAUf "J.R." DIZON FOR HIS COURAGE IN THE APPREHENSION OF A ROBBERY SUSPECT Lieutenant Colonel Dennis McDonald introduced Mr. Renejudge Anthony "J.R." Dizon, who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, on January 12, 1998, a cashier at the Food Lion Grocery Store, located at 1100 Courthouse Road in Chesterfield County, was.robbed of U.S. Currency; and WHEREAS, Mr. Renejude Anthony ~J.R." Dizon, a junior attending Monacan High School, was working part-time at the store at the time of the robbery; and WHEREAS, as the suspect fled on foot through the parking lot, "J.R." gave chase, along with citizens Mr. Bruce Bryant, Mr. Larry Wendt, and Ms. Amy Link; and WHEREAS, as the suspect was caught, ~J.R." tackled him and Mr. Bryant, Mr. Wendt, and Ms. Link then assisted "J.R." in holding the suspect until the police arrived; and WHEREAS, "J.R.'s" actions reflect bravery and a willingness to get involved and take an active part in crime prevention in Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Renejude Anthony ~J.R." Dizon for his courage and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for his courageous efforts. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Dizon and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-86 2/11/98 Mr. Warren presented the executed resolution to Mr. Dizon, accompanied by members of his family, commended him on his courageous efforts and for his willingness to ~get involved" in crime prevention. Mr. Dizon expressed appreciation for the recognition. 14 .B. RECOGNIZING MR. MARK D. KACMARCIK, TROOP 922, UPON ATTAINING ~ OF EAGLE SCOUT 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 WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, 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. Mark D. Kacmarcik, Troop 922, sponsored by Bermuda Hundred United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Mark is indeed 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. Mark D. Kacmarcik and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. McHale presented the executed resolution and patch to Mr. Kacmarcik, accompanied by members of his family, congratulated him on his outstanding accomplishment, and wished him well in his future endeavors. Mr. Kacmarcik expressed appreciation for the recognition and to his family for their support. 98-87 2/ /98 ~4 .C. RECOGNIZING THE 1997 MIDLOTHIAN MIDDLE SCHOOL BOYS SOCCER TEAM FOR THEIR OUTSTANDING ACCOMPLISHMENTS AND SPORTSMANSHIP Mr. Golden introduced Mr. Eric Robinson, Coach, and members of the Midlothian Middle School Boys Soccer Team, who were present to accept the resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, participation in middle school sports has long been an integral part of Chesterfield County's educational, physical, and emotional development for students; and WHEREAS, Mr. Eric Robinson, Coach of the Midlothian Middle School Boys Soccer Team, has been in the field of coaching for the past twenty-five years; and WHEREAS, under Mr. Robinson's guidance and direction, the 1997 Midlothian Middle School Boys Soccer Team finished the regular season with a 8-0-2 record and won the County Tournament with a 11-0-2 record; and WHEREAS, the Midlothian Boys Soccer Team consists of Captains Brian Fleischhauer, Nick Bernard, and Andrew Bachman and their teammates. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby commends the 1997 Midlothian Middle School Boys Soccer Team for their outstanding accomplishments and splendid sportsmanship and expresses their best wishes, on behalf of Chesterfield County, for continued success. AND, BE IT FURTHER RESOLVED, that copies of this resolution be presented to the Midlothian Boys Soccer Team and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. Barber presented the executed resolutions to Mr. Robinson, accompanied by Mr. Fleischauer, Mr. Bernard, and Mr. Bachman, congratulated them on their outstanding achievements, and wished them future success. Mr. Robinson expressed appeciation for the recognition. Mr. Fleishchauer, Mr. Bernard, and Mr. Bachman expressed appreciation for the recognition and to Mr. Robinson for his leadership, and to their teammates for their outstanding efforts. 98-88 2/11/98 15. REQUEST FOR MOBILE HOME PERMITS AND REZONING PLACED ON T~R CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 There were no Requests at this time. 16. PUBLIC HEARINGS 16 A. TO CONSIDER AN ORDINANCE T0 AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19-144, 19-145, 19-154, 19-158, AND 19-301 RELATING TO INTERCOMS AND OUTSIDE PUBLIC ADDRESS SYSTEM Mr. Kirk Turner, Development Manager, with the Community Development Department, stated that this date and time has been advertised for a public hearing to consider an ordinance relating to intercoms and outside public address system. He further stated that the Planning Commission unanimously recommends adoption of the proposed ordinance change. When asked, he stated that associations with outdoor speakers will not not be affected by this proposed ordinance. He noted that there was no opposition present to the request at the Planning Commission's public hearing. Mr. Reubin Waller stated that he supports the proposed ordinance and requested the Board's favorable consideration of the request. There being no one else to address this ordinance, the public hearing was closed. On motion of Mr. Barber, 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 AMENDING AND REENACTING SECTIONS 19-144, 19-145, 19-154, 19-158 AND 19-301 RELATING TO INTERCOMS AND OUTSIDE PUBLIC ADDRESS SYSTEM BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-144, 19-145, 19-154, 19-158, and 19-301 of the Code of the County of Chesterfield, 1997, as amended, is amended and reenacted to read as follows: Sec. 19-144. Permitted uses by right. Within any C-1 District, no buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: 98-89 2/11/98 o o o © Banks and savings and loan associations with or without drive-in windows. o o o Sec. 19-145. Uses permitted with certain restrictions. The following uses shall be permitted in the C-1 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: o o o (e) Intercoms as accessory to permitted uses, provided that such system is not audible to any property located in an A, R, R-TH or R-MF district. Sec. 19-154. Conditional uses. The following uses may be allowed by conditional use in the C-2 District, subject to the provisions of section 19-13: (e) o o o Outside public address system in conjunction with any permitted use, conditional use or special exception. o o o Sec, 19-158. Permitted uses by right. Within any C-3 District, no buildings, structures or premises shall be used or arranged or designed to be used except for one or more of the following uses: o o o (s) Restaurants, to include carry-out. o o o Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: o o o Intercom - A device designed for two-way communication between a person within a building or kiosk and a pedestrian or operator of a motor vehicle and which is not generally audible to others. o o o 98-90 2/11/98 Outside Public Address System - Any device used for broadcast of messages or music which is generally audible by more than one person. o o o (2) That this ordinance shall become effective immediately upon adoption. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 16 .B. TO CONSIDER AN AMENDMENT TO THE FY97-98 BUDGET TO APPROPRIATE $1,085,000 TO CONSTRUCT AN INDUSTRIAL ACCESS ROAD IN THE ASHTON CREEK BUSINESS CENTER Mr. McCracken stated that this date and time has been advertised for a public hearing to consider an amendment to the FY97-98 Budget to appropriate $1,085,000 to construct an industrial access road in the Ashton Creek Business Center. No one came forward to speak in favor of or against this issue. On ~notion of Mr. McHale, seconded by Mr. Daniel, the Board appropriated $1,085,000 ($450,000 in anticipated developer contributions for the capital investment surety, $450,000 in anticipated Virginia Department of Transportation (VDOT) reimbursements, and $185,000 in anticipated developer reimbursements) for the construction of an industrial access road in the Ashton Creek Business Center; transferred $5,000 from the Industrial Acceess Account to the project for the Capital Investment Surety cost; authorized the County Administrator to enter into the necessary County/VDOT/developer construction agreements/contracts, permits, and surety agreements, acceptable to the County Attorney, in order to have the access road constructed; authorized staff to advertise a road construction contract for the access road; and adopted the following resolution: WHEREAS, Emerson Construction Group, Inc. (ECG) plans to construct a new industrial park off of Ruffin Mill Road; and WHEREAS, ECG intends to immediately construct an initial 64,000 square foot building with a capital investment of $2 million for qualifying manufacturing/processing users; and WHEREAS, the property on which the initial building will be located requires the reconstruction of a section of Ruffin Mill Road (Route 746) and construction of a new road connecting to Ruffin Mill Road; and WHEREAS, the construction of the initial building and subsequent qualifying buildings are expected to occur within three (3) years of the Commonwealth Transportation Board's allocation of funds for the construction of'an access road to the property and is expected to satisfy the Virginia Department of Transportation's (VDOT's) capital investment requirements; and 98-91 WHEREAS, Chesterfield County hereby guarantees that the necessary right-of-way and utility adjustments for the new access road will be provided at no cost to VDOT. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby requests the Commonwealth Transportation Board to provide industrial access funding to construct an adequate road to the industrial park. AND, BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors hereby agrees to provide a surety acceptable to VDOT to guarantee sufficient qualifying capital investment will occur within three years of the Commonwealth Transportation Board's allocation of industrial access funds for the access road. AND, BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the Secondary System of Highways. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 16 .C. TO CONSIDER AN AMENDMENT TO THE FY97-98 BUDGET TO APPROPRIATE $1,910,483 FROM FY97 RESULTS OF OPERATIONS TO INCREASE THE GENERAL FUND TRANSFER TO TEE SCHOOL BOARD Ms. Dickson stated that this date and time has been advertised for a public hearing to consider an amendment to the FY97-98 Budget to apropriate $1,910,483 from FY97 results of operations to increase the General Fund transfer to the School Board. Dr. Bosher expressed appreciation to the Board and County Administration for their continued support of the School System. He stated that the proposed funding will assist the School Board in a coordinated plan with County Administration and the Information Systems Technolgoy Department to move forward on the School System's Student Information System and the Accountability System. He noted that approximately $600,000 of the funding will assist in major maintenance projects. There being no one else to address this issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Barber, the Board reappropriated the FY1997 School Operating Fund unused General Fund transfer of $1,910,483 and transferred the FY1997 surplus State sales of of $129,334 (for a total increase in the transfer to Schools of $2,039,817). Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-92 2/11/98 TO CONSIDER THE CONVEYANCE OF A PARCEL OF LAND CONTAINING 1.6 ACRES ON LANDFILL DRIVE, MATQACA DISTRICT Mr. Stith stated that this date and time has been advertised for a public hearing to consider the conveyance of a parcel of land containing 1.6 acres on Landfill Drive to Gordon M. Bowers Investment Partners Three, L.C., in the Matoaca Magisterial District. No one came forward to speak in favor of or against this issue. After brief discussion, on motion of Mr. Warren, seconded by Mr. Barber, the Board approved the purchase of a parcel of land, containing 1.6 acres, more or less, on Landfill Drive, in the amount of $120,020.00, from Gordon M. Bowers Investment Partners Three, L.C. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no requests at this time. 18. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. Warren, the Board adjourned at 8:10 p.m. until February 25, 1998 at 3:30 p.m. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. L~a~e B. County Administrator ' .~-~umphrey Renny B Chairman 98-93 2/11/98