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07-29-1998 MinutesBOARD OF SUPERVISORS MINUTES July 29, 1998 Supervisors 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 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr Craig Bryant, Dir., Utilities Mr Steven Calabro, Dir~, County Airport Ms Jana Carter, Dir., Youth Services Ms Marilyn Cole, Asst. County Administrator Mr Richard Cordle, Treasurer Ms Mary Ann Curtin, Dir., Legislative Services Ms Becky Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Chief Stephen Elswick Fire Department 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, Clerk to the Board Mr. Joe Horbal, Asst. Comm. of Revenue Mr. Donald Kappel, Dir., Public Affairs Dr. Butt Lowe, Dir., Mental Health/Retard. Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Gary R. McLaren, Dir., Economic Development Mr. Steven L. Micas, County Attorney Mr. Francis M. Pitaro, Dir., General Services 98-509 7/29/98 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., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mrs. Humphrey called the regularly scheduled meeting to order at 4:00 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the minutes of June 24, 1998, as submitted. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 2. COUNTY ADMINISTRATOR'S COMMENTS: Mr. Ramsey introduced Ms. Janice B. Blakley, who has recently been appointed as the Deputy Clerk to the Board of Supervisors. He stated that Ms. Blakley was previously employed in the County Attorney's Office, a number of years ago, as a Legal Secretary and welcomed her back to the County. Mr. Ramsey then introduced Colonel Baker and stated that Colonel Baker was selected as the "Officer of the Month" for June, 1998 by the National Law Enforcement Officers Memorial Fund in recognition and appreciation for his exemplary law enforcement service and devotion to duty throughout the course of his career. He noted that Colonel Baker is only the second management level police officer to ever be appointed as "Officer of the Month". He read portions of the news release by the National Law Enforcement Officers Memorial Fund. He congratulated him on his accomplishment and commended him for his outstanding efforts and leadership he has brought to Chesterfield County. Colonel Baker expressed appreciation for the recognition and stated that the men and women of the Police Department also deserve recognition for this accomplishment. Mr. Ramsey then recognized and commended Ms. Lyle for the Accounting Department's efforts for the County's Comprehensive Annual Financial Report, for the fiscal year ended June 30, 1997, upon receiving a Certificate of Achievement for Excellence in Financial Reporting. He further stated that this Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting and is the 98-510 7/29/98 seventeenth consecutive year that the Accounting Department has achieved this reCognition. He commended Ms. Lyle and her staff for their outstanding efforts and accomplishment. Ms. Lyle expressed appreciation for the recognition and for the Board's and Mr. Ramsey's support that enables this type of recognition to be achieved for the County. Mr. Ramsey then introduced Mr. Cordle and Mr. Horbal. He commended the Treasurer's and Commissioner of Revenue's Office for their efforts towards the County being the first locality to qualify for the car tax rebate. He recognized Mr. Rick Parks, Director of Information Systems Technology, who also assisted in this effort and commended him and his staff in this effort. Mr. Cordle expressed appreciation for the recognition and to the Information Systems Technology Department for their efforts. '' Mr. Horbal expressed appreciation for the recognition, on behalf of the Commissioner of Revenue's Office. He recognized Ms. Patricia Howell, Deputy Commissioner of Revenue for Personal Property, who played a major role in making this accomplishment a reality. Mrs, Humphrey expressed appreciation to Mr. Cordle, Mr. Horbal, and staff for their expertise in local government and fiscal management. Mr. Ramsey stated that a presentation will be held at this time regarding the County's Strategic Plan and the recent Citizen Satisfaction Survey. He further stated that over the years, the County has adopted many continuous improvement systems. He stated that the County was one of the first to implement performance based pay; that in the early 1990's the County began a real focus on customer service; that in 1992, the County began on the Total Quality Management path, which brought many successes to the County. He then briefly reviewed continuous improvement initiatives including adopting the balanced score-card approach for performance measurements; adopting the philosophy of process management; adopting the Baldridge criteria for excellence; and focusing attention on a County-wide strategic plan. He presented a copy of a brochure to each Board member, outlining the County's Strategic Plan and briefly reviewed the process for development of Plan. He noted that a copy of the Plan will be distributed to all County employees. He noted that one aspect of the Strategic Plan is to get customer feedback -- this was recently done through a Citizen Satisfaction Survey. He stated that today's presentatiOn on the Survey would be tied to the County's seven strategic goals, except for Goal #5 (employer of choice), which was not addressed in the Survey. He then reviewed the County's seven strategic goals including providing world-class customer service; acknowledging the County's extraordinary quality of life; being the safest and most secure community of its size in the United States; being the unifying leader of local 98-511 government; being the employer of choice; being the model of excellence in government; and also being a first choice business community. Mr. Ramsey then introduced Dr. Connie Schroyer, Senior Consultant, Hay Management Consultants, HayGroup, who conducted the Citizens Satisfaction Survey for the County, to present the results of the County's Citizen Satisfaction Survey. Dr. $chroyer stated that it has been a pleasure to work with a County that is truly committed to providing the highest quality of life for its citizens. She further stated that the survey was designed to identify both the strengths and opportunities for the County. She commended the County for not taking the safe route, but instead asking the tough questions about both good and bad experiences as well as what the County could do to improve. She reviewed the results of the County's Citizen Satisfaction Survey including purpc, se and methodology, noting that 2,500 citizens responded to the survey. She stated that results of what citizens reported liking best about living in the County included convenient location; suburban lifestyle; the school system; feeling safe; there being a low crime rate; affordable housing; and overall appearance and cleanliness. She then reviewed strengths and opportunities of the Goals of the Survey including Goal #1, providing world-class customer service. There was a brief discussion relative to how the strengths and opportunities were obtained. Dr. Schroyer then reviewed Goal #2, the County acknowledged for its extraordinary quality of life. being There was brief discussion relative to the results of the survey as it relates to toll roads. Dr. Schroyer continued to review strengths and opportunities of acknowledging the County for its extraordinary quality of life and then reviewed Goal #3, the County being the safest and most secure community of its size in the USA. She then reviewed Goal #4, the County being a unifying leader for local government; (Note: Goal #5 was not covered); Goal #6, the County being the model for excellence in government; and Goal #7, the County being the First Choice business community. She then summarized the survey including significant positive feedback was established; baseline to gauge future progress was established; identified strengths and opportunities of the County; an excellent tool for continuous improvement of County processes and services; and thoughtful and candid responses were provided. She then reviewed overall rating of quality of life in Chesterfield County, noting that 91 percent of citizens feel the quality of life in Chesterfield is excellent or good. When asked, she stated that of the nine percent that felt the quality of life was fair or poor, only one percent felt it was poor. She further stated that planned, managed growth was the largest concern expressed by citizens in the Survey. (It is noted a copy of the Survey is filed with the papers of this Board.) 7/29/98 98-512 Mr. Ramsey reviewed the County's plan of action due to results from the Sur~ey including prioritizing opportunities; identifying action plans being developed by departments to address any needed improvements; replying to citizens requesting contact from County personnel; comprehensive customer feedback through focus groups; progress being reported to Board of Supervisors and citizens; and results being used as input to the County's Strategic Plan. He commended the Board of Supervisors for their willingness and support in asking the community the difficult and necessary questions necessary for such a Survey. Mr. Warren requested staff to brief Chesterfield County's elected officials regarding the Survey and to offer them the opportunity to provide any necessary input. Mrs. Humphrey concurred with the comments expressed by Mr. ' Warren.~' She -noted that she has requested staff to brief members of the legislative delegation and constitutional officers regarding the Survey and indicated that the business community should also be made aware of the results of the Survey. Mr. Barber stated that he feels it is also important that staff address the differences in responsibilities between the County, State, federal, and other agencies so that citizens have a better understanding of responsibilities that fall under the purview of the County. He further stated that he feels it is important that as the Survey is presented, it is important that the legislators and the Board of Supervisors have the same understanding of the issues identified by County citizens. Mr. McHale stated that he feels it is important for the County to brief the business and development community and legislators regarding the results of the Survey in an effort to address common issues. Mr. Daniel stated that he is pleased with the professional expertise that was shown during this process and noted that he feels key issues were addressed. Mrs. Humphrey stated that 2,500 out of 10,000 citizens polled responded to the survey. She further stated that the comments came from a broad spectrum, however, there was the hope for more citizens to respond to the survey. She expressed appreciation to Dr. Schroyer for her efforts and expertise into the Survey. ~3. BOARD COMMITTEE REPORTS Mr. McHale stated that he represented the Board of Supervisors at the annual CARITAS meeting on July 28, 1998, in which he received, on behalf of the County, a Certificate of Appreciation for the County's assistance to CARITAS. He recognized CARITAS' Executive Director and Board for their 7/29/98 98-513 efforts in greatly improving the CARITAS organization. presented the Certificate to Mr. Ramsey. He REQUESTS TO POSTPOE__N_~I_Q~L ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board added Item 8.C.36., Transfer of Three Cent Road Funds from the Bermuda, Dale, and Midlothian Districts and Streettight Funds from the Clover Hill and Matoaca Districts and Appropriate Donation from the Pocoshock Youth Soccer League to Install Ballfield Lights at Manchester Middle School; added Item 8.C.37., Authorization to Hire a Consultant to Review Geologic Submissions by Vulcan Quarry; replaced Item 8.C.4., Authorization to Acquire Right-of-Way to Widen Commonwealth Centre Parkway by Purchase or Condemnation; replaced Item 8.C.22., State Road Acceptance; replaced Item 14.D., Recognizing Boy Scouts Upon Attaining Rank of Eagle Scout; and deleted Item 8.C.27.b., Request to Quitclaim Portions of a Twenty Foot Sewer Easement Across Property of Howard W. Hancock, Jr. and J.E. Hancock and Property of Cloverhill Development Company, and, adopted the Agenda, as amended. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 5. RESOLUTIONS AND SPECIAL RECOGNI~IONS 0 RECOGNIZING MRS. BARBARA MUELLER-WOOD UPON HER RETIREMENT Mr. Cordle introduced Mrs. Barbara Mueller-Wood who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Treasurer is an elected constitutional officer responsible for delivering uncompromising financial services to the citizens of the County; and WHEREAS, Mrs. Barbara Mueller-Wood was hired by the Treasurer's Office as a part-time Account Clerk on January 5, 1981; hired as a full-time Account Clerk on December 17, 1984; and subsequently was promoted, throughout numerous positions in the office, to her current position of Deputy Treasurer of Customer Service on February 14, 1992; and WHEREAS, Mrs. Wood was selected as the 1988 Treasurer's Office "Employee of the Year"; and WHEREAS, Mrs. Wood is a 1990 graduate of the County's Supervisory Institute and obtained the professional certification of Certified Governmental Deputy Treasurer from the University of Virginia on May 1, 1996; and 98-514 7/29/98 WHEREAS, M~s. Wood served as customer service trainer for the County's ~T~ain the Trainer - Commitment to Excellence" program and has been responsible for promoting, training, and managing the excellent customer service functions of the Treasurer's Office; and WHEREAS, Mrs. Wood has provided personal customer service to the citizens of Chesterfield County in a manner that exhibits professionalism, courtesy, dedication, empathy, sensitivity, and uncompromising quality; and WHEREAS, Mrs. Wood has been a trusted team player and leader in the Treasurer's Office -- responsible for designing, implementing, and managing numerous quality service innovations. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly commends and recognizes Mrs~ Barbara Mueller-Wood for her dedicated and outstanding service to the Treasurer's Office and the citizens of Chesterfield County and extends their congratulations and best wishes upon her retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Wood 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. Mrs. Humphrey presented the executed resolution to Mrs. Wood, accompanied by Mr. Cordle, and expressed appreciation for her dedicated service to the County. Mrs. Wood expressed appreciation for the recognition and to her co-workers for their support. She stated that she will miss her service with Chesterfield County. 6. WORK SESSIONS 0 EMERGENCY MEDICAL SERVICES (EMS) STUDY Mr. Ramsey stated that Chesterfield has an excellent history in providing Emergency Medical Service (EMS). He further stated that staff is not requesting the Board of Supervisors to adopt any of the findings from the report at this time, however, staff is requesting that the Board endorse the concept of giving the EMS Study to the EMS Advisory Committee, which has been in existence since the last Study was completed, and would also recommend that some frontline career firefighters and frontline volunteer providers be added to the Committee to react to the Study. He stated that the Committee would then bring recommendations back to himself and to the Board of Supervisors. 98-515 7/29/98 Chief Eiswick stated that the firefighters that traveled to assist in Florida returned safely and noted that a "welcome home" breakfast will be held on August 7, 1998 for the firefighters and reporters that went to Florida. He invited each of the Board members to attend, the breakfast. He stated that the EMS System is comprise~ of the Fi. re Department and the four Volunteer Rescue Squads. He reviewed some of the goals of the EMS Study including preserving the County's volunteer rescue squad system; performing a comprehensive review of the System; making recommendations for approval of the System; and ensuring that the County always delivers quality care to its citizens. He then introduced Mr. Kip Causey, Chairman of the EMS Advisory Council. Mr. Causey expressed appreciation to the Board for their support in providing the opportunity to conduct another EMS Study and acknowledged the importance of a new study needing to be conducted. He also expressed appreciation to the Board for their support of the EMS System, which allows volunteer personnel to work hand-in-hand with the career personnel. He then introduced Mr. William Gay, representing David M. Griffith and Associates, to present an overview of the Emergency Medical Services (EMS) Study. Mr. Gay briefly reviewed highlights of the study including the County's growth into the next century; increased level of medical care; ambulance transportation~ the possibility of creation of emergency care centers in the County; and the inclusion of citizen advisors on tlhe EMS Advisory Committee. He then reviewed recommendations regarding billing for service; emergency medical services care; ]placing the Fire Chief in charge of EMS; the cost for an all career EMS service~ career and voluntary personnel working more closely together; communication and data information; volunteer development; and retention of volunteers. He stated that he feels that the report is a starting point for developing and refining the system over time and will have to be developed in cooperation with the volunteers working wit~ the career department to achieve the objectives of the County. Discussion, comments, and questions ensued relative to billing for EMS services; ways that the County can address acute care needs; whether the volunneer organizations have had input into the Study; the possibility of satelliting additional hospitals in the County; and billing practices of other localities for EMS services. Mr. Ron Hall, with Manchester Volunteer Rescue Squad, stated that he feels the County should take a cautious approach regarding billing practices. It was agreed that the Board o~ Supervisors supports the recommendation of Mr. Ramsey regarding the Study. 98-53.6 7/29/98 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. Warren, the Board suspended its rules at this time to allow simultaneous nomination/ appointment/reappointment of members to serve on the Riverside Regional Jail Authority; the Social Services Board; the Citizens Transportation Advisory Committee; the Committee on the Future; Camp Baker Management Board; the Youth Services Citizen Board; and the Chesterfield Emergency Planning Committee. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.1. RIVERSIDE REGIONAL JAIL AUTHORITY On motion of Mr. McHale, seconded by Mr. Daniel, the Board simultaneously nominated/appointed/reappointed Mr. Lane B. Ramsey, member, and Sheriff Clarence William, alternate member, to serve on the Riverside Regional Jail Authority, whose terms are effective immediately and will expire June 30, 2002. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.A.2. SOCIAL SERVICES BOARD On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Bruce Miller and Ms. Virous Jones, representing the County at-large, to serve on the Chesterfield-Colonial Heights Social Services Board, whose terms are effective immediately and will expire June 30, 2002. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,A.3. CITIZENS TRANSPORTATION ADVISORY COMMITTEE On motion of Mr. Daniel, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. Robert G. Corder, representing the County at-large, to serve on the Citizens Transportation Advisory Committee, whose term is effective immediately and will expire June 30, 2000. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-517 7/29/98 8.A.4. COMMITTEE ON THE FUTURE On motion of Mr. Daniel, seconded by Mr. McHale, the Board deferred consideration of member to serve on the Committee on the Future, representing the Dale District, until August 26, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.A.5. CAMP BAKER MANAGEMENT BOARD On motion of Mr. Humphrey, seconded by Mr. McHale, the Board appointed Mr. Mark Nugent, representing the Matoaca District, to serve on the Camp Baker Management Board, whose term is effective immediately and will expire April 30, 1999. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. (It is noted that Mr. Nugent is filling the unexpired term of Ms. Barbara Snider who resigned.) 8.A.6. YOUTH SERVICES CITIZEN B~A~ On motion of Mr. McHale, seconded by Mr. Warren, the Board simultaneously nominated/appointed Ms. Leigh Miles, student member representing Clover Hill District; Ms. Samantha Dunbar, student member representing Bermuda District; and Ms. Rosalia Brown, student member representing Dale District, to serve on the Youth Services Citizen Board, whose terms are effective immediately and will expire June 30, 1999. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.A,7. CHESTERFIELD EMERGENCY PLANNING COMMITTEE On motion of Mr. McHale, seconded by Mr. Daniel, the Board simultaneously nominated/appointed Mr. Carmen Bria and Mr. Jeffrey M. Dato, representing the Coun5y at-large, to serve on the Chesterfield Emergency Planning Committee, whose terms are effective immediately and will be at the pleasure of the Board. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-518 7/29/98 8.B. STREETLIG~T INSTALLATION COST APPROVALS On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the following streetlight installation cost approval: * Additional Lighting-Monacan High School Parking Lot Exit Road Install one additional 23000 lumen streetlight at the curve in the exit road to eliminate a dark spot between the existing lights Cost to install light: $443.75 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C. CONSENT ITEMS 8.C.1. APPROPRIATION OF FUNDS FOR TWO SECONDARY ROAD CONSTRUCTION PROJECTS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board appropriated anticipated Virginia Department of Transportation reimbursements, in the amount of $450,000, for the Coalboro Road (Winterpock Road to River Road) design and right-of-way acquisition project and $100,000 for the Lindberg Drive construction project. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C.2. AUTHORIZATION FOR POLICE DEPARTMENT TO APPLY FOR A FEDERAL GRANT TO PROVIDE CONTINUED FUNDING FOR THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES AT-RISK YOUTH GRANT PROGRAM On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the Police Department to apply for a Department of Criminal Justice Services Grant, in the amount of $46,864, to provide continued funding for the Department of Criminal Justice Services At-Risk Youth Grant Program, and appropriated up to $35,148 upon approval of the grant with a local transfer match of $11,715. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.3. APPROVAL OF DONATION TO THE MIDLOTHIAN FAMILY YMCA On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board donated $14,113 to the Midlothian District YMCA and authorized the transfer of $14,113 from the Non-Departmental appropriation category. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 7/29/98 98-519 8,C.4. AUTHORIZATION TO ACQUIRE RIGHT-OF-WAY TO WIDEN COMMON-WEALTH CENTRE PARKWAY BY PURCHASE OR CONDEMNATION On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized staff to acquire right-of-way to widen Commonwealth Centre Parkway and, if necessary, to condemn for such right-of- way and appropriated $150,000 in developer contributions. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.5. APPROVAL OF DESIGNATION OF COMMUNITY SERVICES BOARD STRUCTURE On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved the designation of the Community Services Board structure and adopted the following resolution: WHEREAS, Title 32.1-194 of the Code of Virginia, as amended, requires each locality 'to designate the type of community services board through which it provides mental health, mental retardation, and substance abuse services to its residents; and WHEREAS, the County of Chesterfield delivers such services through the Chesterfield Community Services Board; and WHEREAS, the Chesterfield Community Services Board, through its Board of Directors appointed by the Chesterfield Board of Supervisors, sets policy for an administers the provision of mental health, mental retardation and substance abuse services that are provided by County staff and by contracts with other organizations and providers; and WHEREAS, this structure most closely fits the definition of "administrative policy community services board" as described in the law. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby designate the Community Services Board as an administrative: policy community services board as modified by the County Charter with the duties and responsibilities conferred upon it by law and such other duties and responsibilities which may be assigned by this body. AND, BE IT FURTHER RESOLVED, 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. 98-520 7/29/98 8.C,6. APPROVAL OF BUDGET REVISION FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board appropriated $301,080 in additional state/federal revenue and $141,600 in fee revenue; increase the Mental Health/Mental Retardation/Substance Abuse Department expenditure appropriations by $442,680; and approved the establishments of five full-time positions. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.7. APPROVAL OF FY99 CHESTERFIELD COMMUNITY SERVICES BOARD PERFORMANCE CONTRACT On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board ~'appr~ved the FY99 Performance Contract between the Chesterfield County Community Services Board and the Virginia Department of Mental Health/Mental Retardation/and Substance Abuse Services. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.8. AWARD OF CONSTRUCTION CONTRACT TO SIMONS CONTRACTING COMPANY, INCORPORATED FOR CONSTRUCTION OF THE WAGNER BUILDING PARKING LOT On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the County Administrator execute a construction construct with Simons Contracting Company, Incorporated, in the amount of $232,192.00, for the construction of the new Wagner Building park lot. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.9. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE A CONTRACT WITH RCC CONSULTANTS INCORPORATED FOR PHASE III PUBLIC SAFETY COMMUNICATIONS CONSULTANT ~,N-D ENGINEERING SERVICES On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the County Administrator to execute a contract with RCC Consultants, Incorporated for Phase III Public Communications consulting and engineering services. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-521 7/29/98 8.C.10. REQUEST FOR ENTERTAINMENT/MUSICAL FESTIVAL PERMIT FOR THE ANNTJAL CHESTERFIELD COUNTY FAiR On motion of Mrs. Humphrey, seconded by Mr. Barber, Board approved a request for an entertainment/musical festival permit from the Chesterfield County Fair Association for the 85th annual Chesterfield County Fair at the County fairgrounds complex to be held August 28, 1998 through September 5, 1998, subject to conditions and adherence to staff recommendations. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.11. APPROVAL OF REVISIONS TO THE COUNTY AIRPORT REGULATIONS AND STANDARDS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved revisions to the Chesterfield County Airport Rules, Regulations and Minimum Standards Document and authorized implementation of the Standards at the County Airport. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,C,12. APPROPRIATION OF ADDITIONAL COMPENSATION BOARD REVENUE AND EXPENDITURES ANDAUTHORIZATION FOR FOUR ADDITIONAL POSITIONS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board appropriated $96,448 in additional Compensation Board revenue and increased expenditures in the amount of $96,448 and approved the creation of four additional positions for the County Jail. The difference of $35,528, which is the local funding match for these positions, will be identified during the year end process for FY99. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,C.13, APPROVAL OF FUNDS TO CONTINUE THE ASSAULT DIVERSION PROGRAM On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved the acceptance of $22,523 and appropriated the funds to continue the Assault Diversion Program for Youth Offenders and transferred the local match, in the amount of $22,523 from the Virginia Juvenile Crime Correction Control Act (VJCCCA) Grant. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-522 7/29/98 8.C.14, APPROPRIATION OF FUNDS FOR COMPLETION OF THE ISTEA VI VIRGINIA CIVIL WAR TRAILS GRANT On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board appropriated $130,000 in federal and local funds from the completion of the ISTEA VI Virginia Civil War Trails Grant and authorized the County Administrator to execute all necessary contracts, subject to approval of form by the County Attorney, to accept the grant. There is no County match for this grant. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,C.15. APPROVAL OF REQUEST FROM DUNMAR PROPERTIES, L.C. FOR MODIFICATION OF THE AIRPORT INDUSTRIAL PARK RESTRICTIVE COVENANTS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved a request from Dunmar Properties, L.C. to approve modification of Airport Industrial Park restrictive covenants to permit Dunmar to erect a chain link perimeter fence, subject to requirements. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.16. SET DATES FOR pUBLIC HEARING 8.C.16.a. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 13-41 RELATING TO UNLAWFUL PARKING On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board set the date of August 26, 1998 at 7:00 p.m. for a public haring to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Section 13-41 relating to unlawful parking. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C.16.b. TO CONSIDER AN ORDINANCE RELATING TO DANGEROUS OR VICIOUS DOGS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board set the date of August 26, 1998 for a public hearing to consider to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending the reenacting Section 4-24 relating to dangerous or vicious dogs. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-523 7/29/98 8.C.17. ADOPTION OF RESOLUTIONS SUPPORTING ROAD AND RAIL INDUSTRIAL ACCESS FUNDING FOR THE JAMES RIVER INDUSTRIAL CENTER AND SET DATE FOR PUBLIC HEARING TO CONSIDER APPROPRIATION OF FUNDS FOR THE INDUSTRIAL ACCESS PROJECT On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Reynolds Real Estate Ventures plans to construct a new industrial park, James River Industrial center, off of Coach Road and Reymet Road; and WHEREAS, the property on which the park will be located may require the reconstruction of a section of Coach Road (Route 614), the relocation of a section of Reymet Road (Route 608) and construction of a new site road connecting to Coach Road; and WHEREAS, sufficient qualifying capital investment is expected to occur, within three (3) years of the Commonwealth Transportation Board's allocation of funds for the construction of adequate access to the property,, to satisfy VDOT's capital investment requirements; and WHEREAS, Chesterfield County hereby guarantees that the necessary right-of-way and utility adjustments for the park access will be provided at no cost to the Virginia Department of Transportation. 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 access to the James River Industrial Center. AND, BE IT FURTHER RESOLVED, that the Chesterfield 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. A_ND, 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. And, further, the Board adopted the following resolution: WHEREAS, Rehrig International ("Rehrig") has expressed its intention and desire to the Chesterfield County Board of Supervisors to locate its business operation in Chesterfield County; and 98-524 7/29/98 WHEREAS, Rehrig's operation will require rail access; and WHEREAS, Rehrig has reported to the County their intent to apply for the maximum industrial access railroad track funds allowable from the Commonwealth of Virginia's Department of Rail and Public Transportation Department; and WHEREAS, Rehrig has requested that the Board of Supervisors provide a resolution support its application for the funds. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby endorses and supports the application of Rehrig for the maximum allowable industrial access railroad track funds. AND, BE IT FURTHER RESOLVED, that the County hereby makes known its desire and intent to assist Rehrig in their effort to obtain the~maximum,financial assistance from the Commonwealth Transportation Board in locating its business in Chesterfield County. And, further the Board transferred $5,000 from the Industrial Access Account to the project for the County's cost to acquire a Capital Investment Survey; set the date of August 26, 1998 at 7:00 p.m. for a public hearing to consider the appropriation of $1,395,000 ($450,000 in anticipated Virginia Department of Transportation (VDOT) reimbursements and $945,000 in anticipated developer reimbursements for the construction of the access road and right-of-way acquisition); authorized the County Administrator to enter into the necessary County VDOT/Virginia Department of Rail and Public Transportation Developer construction/right-of-way acquisition agreements/ contracts, permits, and surety agreements, acceptable to the County Attorney, in order to have the access road and rail spur constructed; authorized staff to acquire "off-site" right-of- way for the project, using condemnation if necessary, with Reynolds paying all acquisition costs; and authorized staff to advertise a road construction contract for the access road. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.19. APPROVAL OF AGREEMENT WITH THE COUNTY SCHOOL BOARD FOR USE OF SCHOOL BUSES FOR PROGRAMS CONDUCTED BY THE DEPARTMENT OF PARKS AND RECREATION On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the County Administrator to execute an agreement with the Chesterfield County School Board for the use of school buses for programs conducted by the Department of Parks and Recreation, in a form approved by the County Attorney. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-525 7/29/98 8 .C.20. ALLOCATION OF UTILITY INDUCEMENT FUNDS TO EXTEND WATER ANDWASTEWATER LINES TO SERVE PROPERTY ON COACH ROAD On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board allocated Utility Inducement Funds, not to exceed $350,000, to extend water and wastewater lines to serve industrial property south of Willis Road at Coach and Reymet Roads and waived the requirement that the County's share of the total cost does not exceed seventy-five percent. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.21. AUTHORIZATION FOR PARKS A~ RECREATION TO FILE APPLICATION FOR VARIANCE REOUEST ON BEHALF OF JAMES RIVER HIGH SCHOOL SPORTS BOOSTER CLUB FOR AN ELECTRONIC SCOREBOARD On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the Parks and Recreation Department to file application for variance request, on behalf of James River High School Sports Boosters Club, for an electronic scoreboard. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C,22. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Oak Hill., Clover Hill District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the ]Director of Environmental Engineering, the streets in Oak Hill, Clover Hill 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 Mrs. Humphrey, seconded by Mr. Barber, it is resolved that the roads in Oak Hill, Clover Hill 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: 7/29/98 98-526 Name of Street: Grey Oak Drive Length: 0.37 mile From: Cul-de-sac, 0.37 mile south of Providence Road, State Route 678 To: Providence Road, State Route 678, 0.27 mile west of Loch Braemar Drive, State Route 2386 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Oakford Court Length: 0.04 mile From: Cul-de-sac, 0.04 mile west of Grey Oak Drive To: Grey Oak Drive, 0.25 mile south of Providence Road, State Route 678 Guaranteed Right-of-Way Width: 50 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. These roads serve 22 lots. Oak Hill is recorded as follows: Plat Book 75, Pages 52 and 53, May 14, 1991. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Southshore, Section A, Clover Hill District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Southshore, Section A, Clover Hill 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 Mrs. Humphrey, seconded by Mr. Barber, it is resolved that the roads in Southshore, Section A, Clover Hill 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: Southshore Drive Length: 0.38 mile 98-527 7/29/98 From: Hull Street Road, State Route 360, 0.70 mile west of Harbour View Court, State Route 4700 To: Southshore Road, 0.38 mile north of Hull Street Road, State Route 360 Variable Right-of-Way Width: 50 to 80 feet. Name of Street: Southshore Court Length: 0.04 mile From: Cul-de-sac, 0.04 mile west of Southshore Drive To: Southshore Drive, 0.31 mile north of Hull Street Road, State Route 360 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Southshore Road Length: 0.23 mile From: Cul-de-sac, 0.07 mile west of Southshore Drive To: Cul-de-sac, 0.16 mile east of Southshore Drive Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of t[he adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 43 lots. This section of Southshore is recorded as follows: Section A, Plat Book 77, Pages 71 and 72, February 7, 1992. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Antler Ridge, Section 8, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the ]Director of Environmental Engineering, the streets in Antler Ridge, Section 8, Matoaca 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 Mrs. Humphrey, seconded by Mr. Barber, it is resolved that the roads in Antler Ridge, Section 8, Matoaca 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 7/29/98 98-528 Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Flag Tail Drive Length: 0.08 mile From: Whirlaway Drive, 0.10 mile southeast of Triple Crown Drive, State Route 4900 To: Existing Flag Tail Drive, State Route 4904, 0.02 mile south of Triple Crown Drive, State Route 4900 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Whirlaway Drive Length: 0.24 mile From: Cul-de-sac, 0.05 mile south of Flag Tail Drive To: Temporary turnaround, 0.19 mile northeast of Flag Tail Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Whirlaway Mews Length: 0.05 mile From: Cul-de-sac, 0.05 mile south of Whirlaway Drive To: ~Whirlaway Drive, 0.12 mile east of Flag Tail Drive 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. These roads serve 38 lots. This section of Antler Ridge is recorded as follows: Section 8, Plat Book 84, Page 89, July 14, 1994. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Fawn Creek, Section 2, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Fawn Creek, Section 2, Matoaca 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 Mrs. Humphrey, seconded by Mr. Barber, it is resolved that the roads in Fawn Creek, Section 2, Matoaca District, be and they hereby are established as public roads. 98-529 7/29/98 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: Brocket Drive Length: 0.15 mile From: Cul-de-sac, 0.29 mile south of Spring Run Road, State Route 662 To: Existing Brocket Drive, State Route 5150, 0.14 mile south of Spring Run Road, State Route 662 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Faline Court Length: 0.03 mile From: Cul-de-sac, 0.03 mile west of Brocket Drive To: Brocket Drive, 0.24 mile south of Spring Run Road, State Route 662 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Salten Court Length: 0.04 mile From: Cul-de-sac, 0.04 mile west of Brocket Drive To: Brocket Drive, 0.19 mile south of Spring Run Road, State Route 662 Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of t[he adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 31 lots. This section of Fawn Creek is recorded as follows: Section 2, Plat Book 88, Page 66, August 25, 1995. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Pypers Pointe, Section 1, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the ]Director of Environmental Engineering, the streets in Pypers Pointe, Section 1, Matoaca 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. 98-530 7/29/98 Therefore, upon consideration whereof, and on motion of Mrs. Humphrey, seconded by Mr. Barber, it is resolved that the roads in Pypers Pointe, Section 1, Matoaca 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: Pypers Pointe Drive Length: 0.46 mile From: End of road, 0.46 mile south of River Road, State Route 602 To: River Road, State Route 602, 1.14 mile east of Exter Mill Road, State Route 636 Variable Right-of-Way Width: 50 to 90 feet. Name of Street:.Corte Castle Road Length: 0.32 mile From: Cul-de-sac, 0.25 mile west of Pypers Pointe Drive, 0.40 mile south of River Road, State Route 602 To: End of road, 0.07 mile east of Pypers Pointe Drive, 0.40 mile south of River Road, State Route 602 Guaranteed Right-of-Way Width: 50 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. These roads serve 24 lots. This section of Pypers Pointe is recorded as follows: Section 1, Plat Book 83, Page 45, February 1, 1994. Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.23. APPROVAL OF SCHOOL GRANTS FOR FY99 On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board appropriated $55,820 to the Instruction appropriation category in the School Grants Fund for FY99 for three additional grants. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.24, APPROPRIATION OF FUNDS FOR THE COACH RQAD WATER LINE PROJECT On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board appropriated $300,000 for the Coach Road Water Line Project. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-531 7/29/98 8 .C.25. AWARD OF CONSTRUCTION COntRACT FOR THE BUFORD ROAD WATER LINE REHABILITATION PROJECT On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a contract with Greg E. Jones ExCavating, in the amount of $579,776.69 and appropriated additional funds, in the amount of $225,000, for the Buford 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.26. REQUESTS FOR PERMISSION 8.C.26.a, LWWVENTURES FOR AN EXISTING SIGN TO ENCROACH WITHIN A SIXTEEN FOOT SEWER EASEMENT On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved a request from LWW ventures, L.L.C. for an existing sign to encroach within a sixteen foot sewer easement, subject to the execution of a license agreement. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.26.b. REHBORG TRUCKING TO USE A PORTION OF COUNTY PROPERTY FOR PARKING On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved a request from Rehborg Trucking to use a portion of the driveway at 1301 Meadowville Road to park a dump truck, subject to the execution of license agreement. (It is noted that a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,C.26.c. HELEN ¢. WAGNER TO CONSTRUCT A FENCE WITHIN A SIXTEEN FOOT DRAINAGE EASEMENT ACR0SS LOT 47, SANDY OAK SUBDIVISION On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved a request from Helen C. Wagner to construct a fence within a sixteen foot drainage easement across Lot 47, Sandy Oak Subdivision, subject to the execution of a license agreement. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 7/29/ 8 98-532 8.C.26.d. DISTINCTIVE HOMES, INCORPORATED FOR ANEXISTING DECK TO ENCROACH WITHIN A SIXTEEN FOOT SEWER EASEMENT ACROSS LOT 3. SAINT CLAIR. SECTION A On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved a request from Distinctive Homes, Incorporated to have an existing deck encroach within a sixteen foot sewer easement across Lot 3, Saint Clair, Section A, subject to the execution of a license agreement. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.26.e. JAMES H. YORKE AND DEBORAH A. YORKE TO INSTALL A WATER SERVICE FOR ANEW RESIDENCE ON PRIVET DRIVE On motion of Mrs. Humphrey, seconded by Mr.~Barber, the Board approved a request from James H. Yorke and Deborah A. Yorke to extend a private water service within a fifteen foot private easement to serve a new residence at 8621 Privet Drive. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.27. REQUESTS TO QUITCLAIM 8 .C.27 .a. A PORTION OF A SIXTEEN FOOT SEWER AND WATER EASEMENT ACROSS PROPERTY OF AFFORDABLE RESIDENCES IN CHESTERFIELD II, INCORPORATED On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sixteen foot sewer and water easement across property of Affordable Residences in Chesterfield II, Incorporated. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C.27 .c. A PORTION 0FANEXISTING VARIABLE WIDTH DRAINAGE AND SEWER EASEMENT ACROSS PROPERTy OF TRADE ROAD ASSOCIATES,LLC, On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of an existing variable width drainage and sewer easement across property of Trade Road Associates, L.L.C. (It 98-533 7/29/98 is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.28. ACCEPTANCE OF PARCELS OF LAND 8.c.28.a. ALONG TEE NORTH RIGHT-OF-WAY LINE OF MAIN STREET FROM ELMO. YOUNG AND LE0~RD BINES On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.005 acres along the north right-of-way line of Main Street (State Route 1120) from Elmo Young and Leonard Hines and authorized the County Administrator to execute the necessary deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C.28 .b. ALONG THE WEST RIGHT-OF-WAY OF JEFFERSON DAVIS HIGHWAY FROM HOME DEPOT U.S.A., INCORPORATED On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.4805 acres along the west right-of-way of Jefferson Davis Highway, State Route 1 & 301, from Home Depot U.S.A., Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.28 .c. ALONG THE SOUTH LINE OF HULL STREET ROAD AND ALONG THE EAST LINE OF WINTERPOCK ROAD FROM LOWE'S HOME CENTERS, INCORPORATED On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board accepted the conveyance of three parcels of land; one parcel containing 0.032 acres along the south right-of-way line of Hull Street Road (State Route 360); one parcel containing 0.062 acres along the south right-of-way line of Hull Street Road (State Route 360); and one parcel containing 0.876 acres along the east right-of-way line of Winterpock Road (State Route 621) from Lowe's Home Centers, Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-534 7/29/98 8.C.28.d. ALON~ THE WEST RIGHT-OF-WAY OF JEFFERSON DAVIS HIGHWAY FROM CMA PROPERTIES, INCORPORATED On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.1283 acres along the west right-of-way of Jefferson Davis Highway, State Route 1 & 301, from CMA Properties, Incorporated 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: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,C.29. APPROVAL OF PIPELINE CROSSING AGREEMENT WITH CSX TRANSPORTATION On,motion,of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the County Administrator to execute a Pipeline Crossing Agreement with CSX Transportation for the installation of a waterline for Chester Village Green. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 ,C.30. APPROVAL OF CONTRACT FOR PURCHASE OF A PARCEL OF LAND ON COGBILL ROAD On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved a contract for the purchase of a parcel of land along Cogbill Road, subject to approval by the School Board, and authorized the County Administrator to sign the contract and necessary deed. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C.31. DESIGNATION OF A WETLAND PRESERVATION EASEMENT ON COUNTY PROPERTY On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board designated a wetland preservation easement on County property and authorized the County Administrator to execute the necessary Declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-535 7/29/98 8.C.32. APPROVAL OF UTILITY CONTRACT FOR BRANDY OAKS, SECTIONS 5AND9 On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved the following utility contract for Brandy Oaks, Section 5 and 9, which project includes 4270 L.F. ± of sixteen inch oversized water lines and authorized the County Administrator to execute any necessary documents: Developer: Contractor: Contract Amount: Estimated Total Total Estimated County Cost: Water (Oversizing) (Refund thru connections) Estimated Developer Cost: Code: (Oversizing) District: Matoaca Westbridge Development, Inc. Bookman Construction Company - $221,000.00 $ 85,655.00 $135,345.00 5B-572VO-E4C Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.33. APPROVAL OF REVISED UTILITY CONTRACT FOR ROSEMONT, SECTION F On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved the following revised utility contract for Rosemont, Section F, which project includes an offsite extension of 987 L.F. ± of eight inch wastewater lines and authorized the County Administrator to execute any necessary documents: Developer: Contractor: Contract Amount: Estimated Tot:al Total Estimated County Cost: Wastewater (Offsite) (Refund thru connections) Estimated Developer Cost: Code: (Offsite) District: Midlothian Rosemont Associates R.M.C. Contractors, Inc. - $141,876.00 $ 16,069.00 $125,807.0% 5N-572VO-E4D Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C.34. APPROVAL OF PURCHASE OF LOT 18,. REVISED LOT 14, IN KINGSLAND HEIGHTS SUBDIVISION FOR THE NORCLIFF ROAD WATER TANK FROM CARLTON WAYNE MARTIN On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved the purchase of Lot 18, Revised Lot 14, in Kingsland Heights Subdivision, in the amount of $11,000, for the Norcliff Road Water Tank from Carlton Wayne Martin and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 7/29/98 98-536 8.C.35. TRANSFE~ OF FUNDS FOR A FILE TRACKING SYSTEM IN THE CIRCUIT COURT CLERK'S OFFICE On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board authorized the transfer, of up to $50,000, from the Reserve for Future Capital Projects, to the Circuit Court Clerk Office to purchase a file tracking system. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8 .C.18. ADOPTION OF RESOLUTION SUPPORTING THE COMMONWEALTH TRANSPORTATION BOARD IN NAMING ROUTE 288 THE "JAMES RIVER PARKWAY" Mrs. Humphrey stated that there has been some discussions in the region about naming the Route 288 corridor. She suggested that the Board name Route 288 the "Chesterfield Freeway" rather than the "James River Parkway". Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to adopt a resolution supporting the Commonwealth Transportation Board in naming Route 288 the ~Chesterfield Freeway". Mr. Daniel stated that he supports the naming of Route 288 the ~Chesterfield Freeway" and that if naming Route 288 the "Chesterfield Freeway" fails, he feels that Chesterfield should receive some recognition on the naming of the next major roadway constructed. Mr. Barber referenced the County securing construction of the Powhite Parkway/Route 288 Interchange loop and ramp without a toll booth. He stated that he feels as a name is being decided for Route 288, he feels the language ~Freeway" should be part of the name. He further stated that he would not oppose naming the road "James River Parkway". He stated that he feels the language "Freeway" is the ultimate message that needs to be sent because much work went into this road to ensure people could travel Route 288 with no tolls. Mr. McHale stated that he likes the name "James River Parkway", however, when the road from 1-95 to the Powhite Extension would have been a toll facility, except for actions taken by previous Boards of Supervisors, the idea of "Freeway" is very appropriate. He further stated that he will support and endorse naming Route 288 the "Chesterfield Freeway". Mrs. Humphrey called for the vote on the motion made by her, seconded by Mr. Warren, for the Board to adopt the following resolution: WHEREAS, the completion of Route 288 will help reduce traffic congestion, promote economic development, and help improve air quality for the region; and 98-537 7/29/98 WHEREAS, Route 288 will provide a major new transportation link connecting all localities in the region; and WHEREAS, the Commonwealth Transportation Board has the statutory authority to name state highways. NOW, THEREFORE BE IT RESOLVED, that for the foregoing reasons the Chesterfield County Board of Supervisors respectively requests that the Commonwealth Transportation Board name Route 288 the ~Chesterfield Freeway". Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.36. TRANSFER OF THREE CENT R02~ FUNDS FROM EACH OF THE FIVE MAGISTERIAL DISTRICTS AND APPROPRIATE DONATION FROM THE POCOSHOCK YOUTH SOCCER LEAGU~ TO INSTALL BALLFIELD LIGHTS AT MANCH~STER MIDDLE SCHOOL After brief discussion, Mr. Daniel stated that he will support contributing $1,000 towards the baltfield lights, rather than $2,140, in which is shown on the Board paper. Mr. McHale stated that he will support his commitment of contributing $130 towards the installation of the ballfield lights. Mrs. Humphrey stated that based on the formulas, it was found that the majority of the youth participating were from the Clover Hill and Dale Districts; that the least were from the Bermuda District; and the Matoaca and Midlothian Districts were fairly comparable. She further stated that she will support her contribution of $990 from street light funds. Mr. Warren stated that after discussions with Mr. Barber, Mr. Barber will now contribute $1,590, rather than $1,020, and that he will now contribute $4,290, rather than $3,720. He acknowledged the growth of the Pocoshock Youth Soccer League and expressed appreciation to the Board for their support in this effort. Mr. Warren then made a motion, seconded by Mrs. Humphrey, for the Board to transfer $990 from the Matoaca District Streetlight Fund; $4,290 from the Clover Hill District Streetlight Fund; $130 from the Bermuda District Three Cent Road Fund; $1,000 from the Dale District Three Cent Road Fund; and $1,590 from the Midlothian District Cent Road Fund and appropriated a donation, in the amount of $4,000, from the Pocoshock Youth Soccer League, to install ballfield lights at Manchester Middle School. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-538 7/29/98 8.C.37. AUTHORIZATIQN TO HIRE A CONSULTANT TO REVIEW GEOLOGIC SUBMISSIONS BY VULCAN OUARRY Mr. McHale expressed concerns relative to this issue setting a precedent. He inquired as to whether this is a function in which County should be involved and spending County funds on. Mrs. Humphrey stated that she would like the County to work with the necessary experts in addressing Vulcan Quarry's geological information, as submitted to Mines, Minerals, and Energy. She further stated she wants to address the issue of water quality that was not addressed in the original Vulcan Quarry conditional use process. Mr. Daniel stated that he did not support the Vulcan case and that this issue is an example of why he did not support it. He further stated that he feels a review of geologic submissions would be good and for the information to be published to reassure the people on various issues regarding the Quarry. Mr. Warren stated that he also voted against the Vulcan Quarry case, however, the issue before the Board is a new situation, an opportunity to learn additional information, and to adequately serve the citizens. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Warren, the Board authorized staff to hire a consultant to review geologic and hydrogeologic submissions by Vulcan Quarry. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or Claims. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber,. 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. 98-539 7/29/98 11. DINNER On motion of Mr. Barber, seconded by Mr. McHale, the Board recessed to the Administration Building, Room 502, for a dinner meeting with members of the Community Services Board. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. The Board of Supervisors met with members of the Community Services Board and introductions and welcoming remarks were made by Mrs. Humphrey. Dr. Carolyn S. Cockrell, Community Services Board Chairman, addressed the Board and expressed appreciation for the opportunity to discuss the mental health, mental retardation and substance abuse services needs of Chesterfield citizens. Dr. Cockrell then presented a brief overview of current agency activities and · accomplishments which included national accreditation of services; development of intensive residential options for persons with mental illness; and a variety of NACo awards. She noted that "as a part of the Chesterfield County government family, we strive to epitomize the Excellence in Public Service for which Chesterfield has become known,n Dr. Cockrell was joined by Community Services Board members Ernest E. Johnson and Thomas "Mac" Deadmore in providing a synopsis of key issues that will need addressing by the Board of Supervisors in the near future including increased demand for services; resource availability; and environmental/external threats. In conclusion, various critical needs were emphasized including additional psychiatry services; gro'up home options for persons with mental retardation currently being cared for by elderly family members; and replacement of obsolete MIS computer system. Mr. Warren expressed appreciation to Mr. Colestock and Mr. Scales, Clover Hill District, for tlhe service and time devoted to keeping the Board of Supervisors informed. Mr. Daniel expressed appreciation to Mr. Deadmore and Mr. Peto for the many hours devoted as representatives of Dale District to the Community Services Board. Mr. Barber expressed appreciation to Ms. Cooper and Mr. Johnson, Midlothian District, for their representation and expressed his support that "adequate resources are the number one concern in reaching out to the community". Mr. McHale referenced results of a recent County Citizens Survey, indicating an increase in population numbers of persons with special needs. Mrs. Humphrey, on behalf of the Board, expressed appreciation to the Chairman and members of the Community Services Board, 7/29/98 98-540 for their hard work and dedication in the provision of quality services for persons with mental disabilities; noted the changes taking place throughout the State regarding CSB Board structure; and stated that the Chesterfield Community Services Board will have a unique opportunity to be a model for the future. Reconvening: 12. INVOCATION Mr. Pete Stith gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Chaplain Billy Souther, Chaplin Coordinator for the Chesterfield Police Department, led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A, RECOGNIZING AUGUST 4, 1998 AS "NATIONAL NIGHT OUT" Colonel Baker introduced approximately thirty County neighborhood watch coordinators who were present at the meeting to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the National Association of Town Watch is sponsoring the fifteenth Annual Edition of a special coast-to- coast community crime prevention event on August 4, 1998 called ~National Night Out" -- America's Night Out Against Crime; and WHEREAS, Chesterfield County plays an essential role in assisting the Chesterfield County Police Department through its cooperative crime prevention efforts in Chesterfield County and is locally supporting ~National Night Out"; and WHEREAS, it is important that all citizens in Chesterfield County be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime and drug use in our neighborhoods; and WHEREAS, "National Night Out" provides an opportunity for Chesterfield County to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and 98-541 7/29/98 WHEREAS, neighborhood awareness, spirit, and cooperation are important themes of the "National Night Out" project and key components in helping the Chesterfield County Police Department fight crime and drug abuse. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby call upon all citizens of Chesterfield County to join the Chesterfield County Police Department and the National Association of Town Watch in supporting and participating in tlhe Eighth Annual "National Night Out" on August 4, 1998. AND, BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Tuesday, August 4, 1998 as "National Night Out" in Chesterfield County. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. ~Mrs. Humphrey presented the executed resolution to Colonel Baker, accompanied by area neighborhood coordinators, and commended them on their efforts to reduce crime in the County. Colonel Baker expressed appreciation to Target for the donation of funds to purchase a new McGruff outfit and commended the Police Department and neighborhoods for their efforts against fighting crime. 14 .B. RECOGNIZING DIBERT VALVE AND FITTING COMPANY, INCORPORATED AS THE ~1998 S~LL BUSINESS OF THE YEAR" Mr. McLaren introduced Messrs. Hugh and Sam Dibert who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the County that contribute to the County's economy and its citizens; and WHEREAS, Dibert Valve & Fitting Company, Incorporated, a family-owned business begun by Hugh Dibert, Sr., has been located in Chesterfield County for thirty-five years and has grown from one initial employee to twenty-five, with sales currently fifteen percent over last year; and WHEREAS, Dibert Valve & Fitting Company exemplifies their Mission Statement of being the very best supplier their customers have by always meeting or exceeding their expectations and acting in a way that shows the highest level of fairness and integrity; and WHEREAS, Dibert Valve & Fitting Company provides a workplace that encourages and rewards high performance from 98-542 7/29/98 their Associates, practices continual improvement of productivity and quality and encourages their employees to live their lives by the Golden Rule - "Do unto others as you would have them do unto you"; and WHEREAS, Hugh and Sam Dibert were instrumental in the development of the Jefferson Davis Committee, have guided the resurgence and current progress of the Jefferson Davis Corridor and are also represented on the Board of Directors for Virginia Hunters for the Hungry and St. Francis Home. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly expresses its gratitude, on behalf of the County, to Dibert Valve & Fitting Company, Incorporated for their many contributions by recognizing them as the 1998 Small Business Recipient of the Chesterfield County Business Appreciation and Recognition Award. AND~ BE IT FURTHER RESOLVED' that a copy of this resolution be presented to Dibert Valve & Fitting Company 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. McHale stated that Dibert Valve has been a corporate citizen for many years and has significantly assisted in the improvement and stabilization of the Jefferson Davis Corridor. He then presented the executed resolution to Mr. Hugh and Sam Dibert, expressed appreciation for their contributions and commitment to the community, and congratulated them on being named the Chesterfield County ~Small Business of the Year for 1998" Mr. Sam Dibert expressed appreciation for the recognition and also expressed appreciation to his family for their support. He recognized members of his family who were present at the meeting. 14,C. RECOGNIZING THE EMPLOYEES OF ALLSTATE INSURANCE COMPANY AND THE ALLSTATE FOUNDATION FOR THEIR CONTRIBUTIONS TO THE CHESTERFIELD FIRE DEPARTMENT Captain Mark Nugent, Deputy Fire Marshal, introduced Ms. Doris Brown and Mr. Matt Stegle, with the Allstate Insurance Company, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County promotes and provides pro- active fire and life safety education to prevent injury; and WHEREAS, many injuries and deaths are preventable; and 98-543 7/29/98 WHEREAS, the goal of the fire and life safety education is to change unsafe habits and behavior; and WHEREAS, the employees of the Allstate Insurance Company and the Allstate Foundation have formed a partnership with the Chesterfield Fire Department to work together and deliver fire and life safety education programs to the citizens of Chesterfield County; and WHEREAS, these Allstate employees dedicate their time to work with firefighters in delivering safety information, inspecting child safety seats, and distributing bike helmets; and WHEREAS, the Allstate Foundation has designated the Chesterfield Fire Department as the recipient of a grant, in the amount of $22,435, that will be used for two significant public safety initiatives: the ~Heads UP! Helmets ON! EVERY TIME!" Campaign and the Fire and Life Safety House, which will serve as a mobile teaching resource to promote safety awareness among the youth in Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Allstate Insurance Company employees who are dedicating their time to promote safety habits and the Allstate Foundation for their generous contributions and expresses its appreciation for their support toward making Chesterfield County the safest and most secure community of its size in the U.S.A. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mrs. Humphrey presented the executed resolution to Ms. Brown and Mr. Stegle and expressed appreciation for their contribution to the Fire Department towards these two projects and for their efforts in promoting safety. Ms. Brown presented a check, in the amount of $22,435, to Chief Elswick and Captain Nugent. Chief Elswick referenced a bicycle accident that happened with a six year old child on Route 10 and noted that the child lived. He stated that the child and her brother were given two bicycle helmets, funded by the donation of Allstate. Mr. Stegle expressed appreciation for the recognition and stated that he is feel proud to work for a company that allows the opportunity to give money back to the community. 98-544 7/29/98 14 .D. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 14.D.1, TIMOTHY A, .DAVIS, TROOP 894 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. Timothy A. Davis, Troop 894, sponsored by Saint David's Episcopal 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, Timothy 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. Timothy A. Davis 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. Barber presented the executed resolution and patch to Mr. Davis, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. 14.D.2. JUSTIN W. KEPPLER, TROOP 183 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 98-545 7/29/98 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. Justin Keppler, Troop 183, sponsored by Saint Ann's Catholic 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, Justin 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. Justin W. Keppler 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. Barber presented the executed resolution and patch to Mr. Keppler, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. 14,D.3. GEORGE F. SWENCK, TROOP 800 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. George Frederick "Derick" Swenck, III, 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 received by less than two percent of those individuals entering the Scouting movement; and 98-546 7/29/98 WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Derick 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. George Frederick "Derick" Swenck 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. Barber presented the executed resolution and patch to Mr. Swenck, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his · future endeavors 14.D,4. SCOTT PURCELL, TROOP 800 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. Scott Purcell, 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 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, Scott 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. Scott Purcell 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. 98-547 7/29/98 Mr. Barber presented the executed resolution and patch to Mr. Purcell, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE 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 97SN0293 In Clover Hill Magisterial District, B. MITCHELL SNEAD, NANCY K. SNEAD AND MARGO NORMENT requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). A drug store with drive-in windows and other retail uses is planned. However, with the approval of this request, other C-3 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. This request lies on 11.5 acres fronting approximately 700 feet on the north line of Hull Street Road, approximately 70 feet east of Hicks Road. GPIN 759-692-6088 and 759-693-Part of 8413 (Sheet 14). Mr. Poole presented a summary of Case 98SN0293 and stated that the applicant has requested a 120 day deferral. Mr. Jim Theobold, representing the applicant, stated that the applicant was requesting a deferral. There was no opposition present to the deferral. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board deferred Case 98SN0293 until November 24, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0243 In Midlothian Magisterial District, MSO, INC. requested rezoning and amendment of zoning district map from Community Business (C-3) and Corporate Office (0-2) to Community Business (C-3) . Commercial uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial and office use. This request lies on 4.3 acres fronting approximately 420 feet on the east line of Courthouse Road, approximately 300 feet on 98-548 7/29/98 Branchway Road and located approximately 100 feet north of International Drive. Tax ID 741-708-Part of 1820 (Sheets 7 and 8). Mr. Poole stated that Mr. Barber has requested a thirty day deferral. Ms. Kendra Madison, representing the applicant, stated that the recommendation for a deferral is acceptable. There was no opposition present to the deferral. On motion of Mr. Barber, seconded by Mr. McHale, deferred Case 98SN0243 until August 26, 1998. Ayes: Nays: the Board Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0186 In Dale Magisterial District, WALTER W. MARSH requested rezoning and amendment of zoning district map from Agricultural (A) to Light Industrial (I-l). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 29.4 acres fronting approximately 1,075 feet on the north line of Cogbill Road, approximately 580 feet east of Belmont Road. GPIN 763-677-Part of 7240 (Sheet 22). Mr. Poole stated that the applicant is requesting that the Board remand Case 98SN0186 to the Planning Commission to make some modifications to the request and to continue to work on the project. Mr. Daniel stated that his intention was to hear the. request this evening, however, after further addressing the request this afternoon, he feels it would be fair to both the public and the applicant to address the necessary issues. He further stated that he supports the request being remanded to the Planning Commission. Mr. Lee Ayers, representing the applicant, requested that the case be remanded to the Planning Commission. He further stated that the applicant will make changes to the application that will improve its quality. There was no opposition present. On motion of Daniel, seconded by Mr. Warren, the Board remanded Case 98SN0186 to the Planning Commission. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-549 7/29/98 98SN0185 In Matoaca Magisterial District, G. H. COGBILL FAMILY PARTNERSHIP requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). Commercial and office uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed uses. This request lies on 14.2 acres fronting approximately 420 feet on the south line of Iron Bridge Road, approximately 250 feet west of Beach Road, also fronting approximately 1,000 feet on the west line of Beach Road, approximately 200 feet south of Iron Bridge Road. GPIN 769-660-Part of 7197 (Sheet 31). Mr. Poole presented a summary of Case 98SN0185 and stated that staff and the Planning Commission recommend approval, subject to one condition and acceptance of the proffered conditions. He noted that the request conforms to the Central Area Plan. John Cogbill, Esquire, representing the applicant, stated that the recommendation is acceptable.. He recognized Mr. Tom Comparado, the developer of the proposed project, who was present at the meeting. Due to someone being present to speak to the request, the request was placed in its normal sequence on the Agenda. 98SN0176 (Amended) In Clover Hill Magisterial District, HOME DEPOT U. S. A., INC. AND IRVING. HORNER requested rezoning and amendment of zoning district map from Agricultural (A)~. Community Business (C-3), General Business (C-5) and Light Industrial (I-l) to Community Business (C-3) and Light Industrial (I-l) with Conditional Use Planned Development to permit use and bulk exceptions plus amendment of Conditional Use Planned Development Case 85S153 on a tract currently zoned Light Industrial (I-l) relative to curb and gutter, pavement, road improvements and permitted uses. A mix of commercial and industrial uses is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 198.7 acres fronting in two (2) places for a total of approximately 3,450 feet on the north line of Hull Street Road, approximately 1,200 feet on the east line and approximately 1,200 feet on the west line of Warbro Road and approximately 1,800 feet on the east line of Route 288, and located in the northeast and northwest quadrants of the intersection of Hull Street and Warbro Roads. GPIN 737-680-0386; 735-683-Part of 0636; and 738-682-Part of 0134 (Sheets 13 and 20). Mr. Poole presented a summary of Case 98SN0176 and stated that subsequent to the case being remanded to the Planning Commission, the applicant had amended the proposal to comply 98-550 7/e9/ 8 with the spirit and intent of the Powhite/Route 288 Plan. She indicated that Staff and the Commission now recommend approval and acceptance of the proffered conditions. Mr. John Easter, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved Case 98SN0176 and accepted the following proffered conditions: The textual statement and the plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998 shall be deemed the Master Plan. The public water and wastewater systems shall be used. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. Prior to any site plan approval for Tracts II-A, II-B, III, or IV, thirty-five (35) feet of right of way on the west side of Warbro Road, measured from the centerline of that part of Warbro Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Prior to any site plan approval for Tract V, thirty-five (35) feet of right of way on the east side of Warbro Road, measured from the centerline of that part of Warbro Road immediately adjacent to Tract V, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. o Prior to any site plan approval for Tract II-A or upon request from the Chesterfield County Transportation Department ("Transportation Department"), whichever occurs first, a sixty {60) foot wide right of way from Route 360 via the north/south public road ("Main Site Road") to that portion of the Cheatham parcel that lies east ~f Route 288 (part of GPIN 733-680-9439), shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right of way shall be approved by the Transportation Department. The maximum density of Tracts I, II-A, II-B, III, and IV, for traffic planning purposes, shall be 486,000 square feet of shopping center, 3,000 square feet of fast food restaurant with drive-through window, and 380,000 square feet of light industrial, or equivalent densities as approved by the Transportation Department. Additional traffic studies may be submitted to and 7/29/98 98-551 o o 10. approved by the Transportation Department. If the approved studies demonstrate that additional density can be developed on the property and acceptable levels of service are maintained, as determined by the Transportation Department, the Transportation Department may modify this condition to increase permissible densities. Direct access to Warbro Road and Route 360 for Tracts II-B, III, and IV shall be limited to and generally located as shown on the plan prepared by Barakos-Landino Design Group, titled Chesterfield Crossing - Access Plan, dated March 10, 1998. Direct access to Route 360 for Tract V shall be limited[ to one (1) entrance/exit, and direct access to Warbro Road for Tract V shall be limited to two (2) entrances/exits. The exact location of accesses to Warbro Road and Route 360 shall be approved by the Transportation Department. Prior to any site plan approval, an access plan for the Main Site Road shall be submitted to, and approved by, the Transportation Department. Access to and from the Main Site Road shall conform to the approved access plan. The plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998 shall be considered the master road plan. The Main Site Road is included only for illustrative purposes, to show the general location and concept of such road; provided, however, that the road shall be aligned within Tract II-B as far north and east as practicable while accommodating access to Tract II-A and meeting Transportation Department standards. Approval of the plan by the County does not imply that the County gives final approval of any particular road alignment or section. To provide for an adequate roadway system, the developer shall be responsible for the following: a) Construction of an additional lane of pavement along Route 360 (i.e. third westbound through lane), from the eastern property line of Tract V through the Main Site Road intersection. The exact length of this improvement shall be approved by the Transportation Department; b) Construction of an additional lane of pavement along Route 360 (i.e. fourth westbound through lane), from approximately 500 feet east of the Main Site Road intersection, west to the Route 288 northbound on ramp. The exact length of this improvement shall be approved by the Transportation Department; c) Construction of additional pavement along the 7/29/98 98-552 d e g) h) I) j) westbound lanes of Route 360 at each approved access, including the Warbro Road intersection, to provide a separate right turn lane; Construction of additional pavement along the eastbound lanes of Route 360 at the Main Site Road intersection to provide dual left turn lanes. The exact length of this improvement shall be approved by the Transportation Department; Construction of a raised median along the eastbound lanes of Route 360 to preclude northbound Route 288 vehicles from traveling east on Route 360 and turning left onto the Main Site Road, if required, as determined by the Transportation Department. The exact length and design of this improvement shall be approved by the~Transportation Department; Construction of the Main Site Road as a public road and as a four lane divided roadway from Route 360 toward the northern boundary of Tract II-B, but tapering to a two-lane roadway prior to reaching the northern boundary of Tract II-B if such taper can be accomplished in accordance with VDOT standards. The Main Site Road shall be constructed through Tracts I and II-A as a two-lane roadway. The exact length and design of this improvement shall be approved by the Transportation Department; Construction of a six (6) lane typical section (i.e. two (2) northbound lanes and four (4) southbound lanes) for the Main Site Road at the Route 360 intersection. The exact length of this improvement shall be approved by the Transportation Department; Construction of additional pavement along the Main Site Road at each approved access to provide left and right turn lanes, if warranted, based on the Transportation Department standards; Full cost of traffic signalization at the Main Site Road/Route 360 intersection, when warranted, based on Transportation Department standards; Construction of additional pavement along the eastbound lanes of Route 360 at the Warbro Road intersection to provide dual left turn lanes. The exact length of this improvement shall be approved by the Transportation Department; 98-553 7/29/98 k) Construction of additional pavement along Warbro Road to provide a six (6) lane typical section (i.e. two !2) northbound lanes and four (4) southbound lanes) at its intersection with Route 360. The exact length of this improvement shall be approved by the Transportation Department; 1) Construction of a raised median along Warbro Road from Route 360 to the southernmost approved access for Tract III onto Warbro Road; m) Construction of additional pavement along Warbro Road at each approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards; n) Full cost of traffic signal modification at the Warbro Road/ Bridgewood Road/Route 360 intersection as required for the improvements set forth in parts a, c, j, k, and 1 of this condition; and o) Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the road improvements identified above. 11. Prior to any site plan approval, a phasing plan for required road improvements, as identified in Proffered Condition 10, shall be submitted to and approved by the Transportation Department. The approved phasing plan shall include a requirement that the Main Site Road be constructed to provide access from Route 360 across the creek to Tract II-A, within, three (3) years from the issuance of Certificate(s) of Occupancy for more than three hundred fifty thousand (350,000) square feet of C- 3 uses in Tracts II-B, III, and IV. Proffered Conditions Applicable to Tracts II-B, III, and IV 12. The Applicants, their successors and assigns, (hereinafter jointly "the Applicants") shall be responsible for providing to the following individuals, written notice of the submission to Chesterfield County of site plans for C-3 uses: the last known president or representative on file with the County Planning Department for the civic associations of Clarendon, Lake Genito, Genito Estates, Glen Tara, Deer Run, Ashbrook, and Woodlake, and the Community Manager of the Brandermill Community Association. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the plan. The Applicants shall provide a copy of the notification letter to the Planning Department. 98-554 7/29/98 13. 14. 15 16. 17. 18. 19. 20. 21. 22. Ail buildings constructed on the property for C-3 uses shall be compatible in architectural style, materials, colors, and details. Franchise-type out-parcel buildings shall also be compatible to the architectural style, materials, colors, and details which predominate in this portion of the development. Within Tract II-B, the C-3 uses permitted as a use exception and the C-1 uses permitted as restricted uses in an I-1 district shall be limited to: (I) two out- parcels not to exceed in the aggregate 2.5 acres and located generally in the southeast corner of Tract II-B; and (ii) any area of Tract II-B that may fall on the east or north side of the Main Site Road as generally shown on the plan entitled Chesterfield Crossing-Tract Scheme, prepared by Weaver & Associates and dated July 1, 1998. C-3 uses in Tract II-B east and north of the Main Site Road and in Tracts III and IV shall not exceed a total of 450,000 gross square feet. The following C-3 uses shall not be permitted: Multiple-family dwellings and townhouses The pedestrian pathways serving C-3 uses shall include amenities such as benches, trees and/or landscaping, decorative paving, and trash containers. Any open basins required for water quantity or quality control located on the property shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for the uses developed on the property. The landscaping plan for such ponds shall include landscaping adjacent to the ponds as well as aquatic and sub-aquatic plantings. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. Freestanding business identification signs shall be monument-style signs. Any lighting fixture mounting located on the property shall not exceed a height of thirty-five (35) feet. Ail building-mounted business identification signs located on the rear of the buildings shall conform to the Zoning Ordinance requirements. No Development Standards Waiver or variance for the business identification signs located on the rear of the buildings shall alter this condition. An area of approximately five thousand (5,000) square feet shall be provided within Tract III or that portion of Tract II-B that lies north and east of the Main Site 7/29/98 98-555 Road, for public and semi-public use, such as area civic association events, special commercial events or cultural activities. This area shall be designated through recordation of an open space easement. Buildings shall be sited around the area so as to create and encourage pedestrian activity and other public/semi- public activity. The area shall incorporate amenities to include, but not necessarily limited to, benches for public seating, decorative paving, landscaping, pedestrian scale lighting, or other similar features. 23. The C-3 uses located in Tract III and that portion of Tract II-B that lies north and east of the Main Site Road shall be designed to minimize the linear character typical of strip commercial development through use of building off-sets and other architectural design features and through site design of outparcels to minimize the view from Route 360 of parking areas for those uses and for in-line uses, as determined by the Director of Planning 24. Prior to or in conjunction with site plan approval for commercial uses in Tracts II-B, III and IV, the Developer shall prepare and record restrictive covenants (the "Covenants") with respect to commercial uses in Tracts II-B, III and IV that provide for review of the architectural treatment of the buildings by an architectural review committee (the ~ARC"). Review by the ARC shall be outlined in the Covenants. The recorded Covenants shall incorporate a copy of the Design Guidelines attached as Exhibit A. These Guidelines shall not be changed for a period of ten (10) years from the date of the issuance of the first building permit on the Property. Notice of the ARC's approval shall be submitted to the Planning Department prior to the Planning Department approval of the architectural elevations. 25. The ARC shall include, in addition to the Developer's representatives and property owners, one member from the Brandermill community selected by the Board of the Brandermill Community Association. 26. A maximum of 100 feet of the southern portion of Tract IV shall be permitted Community Business (C-3) uses. Such C-3 uses may only be located in the southern 100 feet of Tract IV if necessary to accommodate the site design of in-line users in Tract III. Proffered Condition Applicable tO Tract V 27. In addition to the Light Industrial (I-l) uses, the following additional uses shall be permitted in Tract V: a) Those uses permitted in the Convenience Business (C-i) District excluding convenience stores and gasoline sales, provided that such 7/29/98 98-556 uses shall be limited to a maximum of 25,000 gross square feet, and shall generally be located in the northeast quadrant of the intersection of Warbro Road and Route 360 and designed so as to accommodate Light Industrial (I-l) uses to the east along Route 360. b) Carpenter and cabinetmakers' offices and display rooms; contractors' offices and display rooms; and electrical, plumbing or heating supply sales, service and display rooms, provided that for such uses the gross square floor area of any retail (display) area shall be limited to thirty (30) percent of the gross floor area of any individual use, and that outside storage shall be prohibited. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0196 In Bermuda Magisterial District, W. L. PETWA¥, III requested rezoning and amendment of zoning district map from Residential (R-7) and Light Industrial (I-l) to General Business (C-5) . A contractor's office and storage yard is planned. However, other C-5 uses could be developed with the approval of this request. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial uses. This request lies on 7.4 acres known as 8530 Perrymont Road. GPIN 791-673-5812 and 8033 (Sheet 23). Mr. Poole presented a summary of Case 98SN0196 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Jefferson Davis Corridor Plan. Mr. David Matthews, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 98SN0196 and accepted the following proffered conditions: The public water system shall be used. Prior to any site plan approval, forty-five (45) feet of right-of-way, measured from the centerlines of Chester Road and Perrymont Road, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. No direct access shall be provided to Chester Road. 98-557 7/29/98 o o Direct access to Perrymont Road shall be limited to one (1) entrance/exit for all non-residential use. The exact location of this access shall be approved by the Transportation Department. The following C-5 uses shall not be permitted: a) b) c) d) e) f) g) h) I) j) k) 1) Cocktail lounges and night clubs Fraternal uses Liquor stores Material reclamation, aluminum, glass, plastic only Tire recapping and vulcanizing establishments Fur dressing and dyeing Linoleum, asphalt-felt base and other hard surface floor cover manufacturing Mortician's good manufacturing Paper recycling by the compaction method Rectifying and blending of~liquors Wholesaling houses and distributors of alcoholic beverages Wine, brandy and brandy spirits manufacturing receiving centers-- and paper products Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0238 In Matoaca Magisterial District, DOUGLAS SOWERS requested Conditional Use and amendment of zoning district map to permit two (2) acres of above-ground utility structure (wastewater pump station) use within a 26.9 acre tract zoned Agricultural (A) and Residential (R-7). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 26.9 acres fronting approximately 1,430 feet on the north line of Route 288, approximately 940 feet east of Qualla Road. Tax ID 748-675-8833 Mr. Poole presented a summary of Case 98SN0238 and stated that staff and the Planning Commission recommend approval, subject to conditions. He noted that the Central Area Plan suggests the property and surrounding area is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. Skitch Rudy, Esquire, representing the applicant, stated that the recommendation is acceptable. There was brief discussion relative to why zoning is necessary to construct a wastewater pump station. 98-558 7/29/98 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 98SN0238, subject to the following conditions: Ail mechanical equipment shall be enclosed by a masonry structure having a residential appearance and design. Further, the perimeter of the building shall be landscaped to create a residential appearance. The exact treatment of the facility and landscaping shall be approved by the Planning Department. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust or tracking problems and to provide ease of ingress and egress. (P) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0240 In Midlothian Magisterial District, CHARLES PISCATELLI requested amendment to Conditional Use Planned Development (Case 89SN0422) and amendment of zoning district map to permit sporting goods sales in a Light Industrial (I-l) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 2.0 acres fronting approximately 278 feet on the east line of Johnston Willis Drive, approximately 1,130 feet south of Midlothian Turnpike. Tax ID 746-707-5596 (Sheet 8). Mr. Poole presented a summary of Case 98SN0240 and stated that staff and the Planning Commission recommend approval, subject to one condition. He noted that although the Northern Area Land Use and Transportation Plan suggests the property is appropriate for light industrial uses, the current zoning allows a number of commercial uses on the request property and surrounding areas. Mr. Roger Hughes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. Mr° Daniel stated that he and Mr. Hughes use to occupy nearby office space at Philip Morris; however, he does not see any conflict of interest regarding this issue since he no longer is employed by the company. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved Case 98SN0240, subject to the following condition: In addition to the uses permitted by Case 89SN0422, sporting goods sales shall be permitted. (p) (Notes: A. This condition modifies Condition 1 of 7/29/9 98-559 Ayes: Nays: Case 89SN0422 relative to permitted uses. Based on existing site improvements, adequate on-si're parking is available to accommodate retail sales of sporting goods as accessory to office/warehouse or other light industrial uses. Specifically, based upon existing available parking, the retail use would be permitted as accessory to the office/warehouse use when the office space is less than fifty (50) percent of the gross floor area and the retail space is less than thirty (30) percent of the gross floor area. Any retail sales activity, beyond that which is accessory to office/warehouse or other light industrial uses, would require the provision of additional parking spaces. These spaces must be zoned to allow the use for which the spaces are provided.) Humphrey, Warren, Barber, Daniel, and McHale. None. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AN 0RDINANCE TO ~END THE CODE OF THE COUNTy OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-152 RELATING TO TRANSIENT OCCUPANCY TAX TO INCREASE THE TAX FROM SIX PERCENT TO EIGHT PERCENT OF THE TOTAL ;~OUNT PAID FOR ROOM AND SPACE Mrs. Dickson stated that this date and time has been advertised for a public hearing to consider an ordinance relating to transient occupancy tax to increase the tax from six percent to eight percent of the total amount paid for room and space. She further stated that legislation was enacted during the 1998 General Assembly session permitting the Counties of Chesterfield, Hanover, and Henrico to impose an additional two percent transient occupancy tax, provided that the tax is designated for the Richmond Convention Center. She noted that the City of Richmond can impose the additional two percent without legislative authority. No one came forward to speak in favor of or against this ordinance. 98-560 7/29/98 On motion of Mr. Daniel, 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 RE-ENACTING SECTION 9-152 RELATING TO TRANSIENT OCCUPANCY TAX BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-152 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-152, Imposed; amoont. Pursuant to the provisions of Code of Virginia, §§ 58.1-3819 and 58.1-3823, there is hereby imposed on each and every transient a lodging tax in the amount of eight percent of the total amount paid for room or space rental by such transient to any hotel; however, this tax shall not apply to rooms or spaces rented for continuous occupancy by the same individual or group for 30 days or more. (2) 1, 1998. That this ordinance shall become effective August Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. Warren recognized Mr Jack Berry, Mr. William Baxter, Mr. George Peyton, and Mr. Mike Watkins, who were present at the meeting. 16 .B. TO CONSIDER THE EXCHANGE OF LAND FOR TEE NEW BENSLEY FIRE STATION Mr. Stith stated that this date and time has been advertised for a public hearing to consider the exchange of land for the new Bensley Fire Station. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved the conveyance of three parcels of land, totaling 0.129 ± acre in exchange for a 0.005 acre parcel for the construction of the new Bensley Fire Station from Maurice M. Cox and Mary W. Cox, and authorized the Chairman of the Board and the County Administrator to sign the necessary deeds. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-561 7/29/98 16 .C. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF SPRING STREET WITHIN GROVE PLACE SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of Spring Street within Grove Place Subdivision. No one came forward to speak in favor of or against this ordinance. On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to MICHAEL MELNYK and MABEL T. MELNYK, husband and wife, and LAWRENCE H. G~kNETT and HARRIETT LEE Z. GARNETT, ("GRANTEE'S'), a portion of Spring Street within Grove Place Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 8, at Page 124. WHEREAS, MICHAEL and MABEL T. MELNYK, husband and wife, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of Spring Street within Grove Place Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office, Circuit Court of said County in Plat Book 8, Page 124, by W. W. LAPRADE & BROS., dated MARCH 2, 1948, and recorded MARCH 5, 1948. The right of way petitioned to be vacated is more fully described as follows: A portion of Spring Street within Grove Place Subdivision, the location of which is more fully shown on a plat made by W. W. LAPRADE & BROS., dated MARCH 2, 1948, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the right of way sought to be vacated. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 115.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid right of way be and is hereby vacated. 98-562 7/29/98 This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the right of way hereby vacated in the adjacent property owners free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and MICHAEL MELNYK and MABEL T. MELNYK, husband and wife, LAWRENCE H. GARNETT and HARRIETT LEE Z. GARNETT, or their successors in title, as GRANTEE. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 98SN0185 In Matoaca Magisterial District, G. ~. COGBILL FAMILY PARTNERSHIP requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). Commercial and office uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed uses. This request lies on 14.2 acres fronting approximately 420 feet on the south line of Iron Bridge Road, approximately 250 feet west of Beach Road, also fronting approximately 1,000 feet on the west line of Beach Road, approximately 200 feet south of Iron Bridge Road. GPIN 769-660-Part of 7197 (Sheet 31). Ms. Beverly Rogers presented a summary of Case 98SN0185 and stated that staff and the Planning Commission recommend approval, subject to one condition and acceptance of the proffered conditions. She noted that the request conforms to the Central Area Plan. John Cogbill, Esquire, representing the applicant, stated that the recommendation is acceptable. He noted that the subject property was previously owned by Mrs. Theo Cogbill and that her daughter who inherited the property is present at the meeting this evening to represent the family partnership. He also noted that Mr. Comparado, the developer, was also present at the meeting. 98-563 7/29/98 Mrs. Humphrey recognized the great works of Ms. Theo Cogbill and recognized that this is a difficult issue for the Cogbill family. She briefly reviewed some of the improvements being made by the developer. She stated that there are concerns relative to the water quality in the Swift Creek and that run- off from this construction site needs to be addressed. She recognized that the applicant has addressed some creative things with wetponds as it relates to this request. Mr. Willard Childress expressed concerns relative to the protection of the environment as it relates to this request. He requested that staff begin addressing issues such as BMP's and bio-type of retention ponds,, which will improve the environment of Virginia as construction takes places throughout the County. Mrs. Humphrey stated that she is comfortable that traffic, transportation and architectural standards have been met regarding this request. When asked, Mr. cogbill stated that the pond will be a wet pond, not a dry pond. He further stated that there would be grasses and landscaping around the pond that would address the quality issues addressed by Mr. Childress. There was brief discussion relative to the BMP, and its being constructed during the first phase of the project. Mr. Cogbill stated that some concerns were expressed, by residents along Beach Road, regarding the future zoning and development of the remaining portion of the property. He explained that the remaining portion of the property had been master planned to show how future development could occur in compliance with the recommended Pla~!. He indicated that issues related to the development of the remaining portion of the property would be addressed through future zoning requests. He stated that the applicant is addressing all transportation improvements as they relate to public safety. When asked, he stated that the development would be called "Chesterfield Commons". Mr. Childress stated that his intent is for the County to change the philosophy of considering BMP's and the bio- retention issues as it relates to construction throughout the County. Mrs. Humphrey stated that she feels that the County has put forth a lot of effort towards BMP's and that she feels the applicant has addressed all area concerns. Mr. Barber stated that he feels the Planning Commission, this Board of Supervisors, and staff have contributed many things, that he would consider environmentally conscious and that he feels the County places environmental concerns on an equal plain and, in some cases, on a higher plain, than other elements of zoning cases. 98-564 Mr. Daniel stated that he feels the County has gradually improved over the years as it relates to considering environmental concerns and that the County is in the process of continuous improvement. He further stated that he feels Ms. Theo Cogbill, previous landowner of the subject property, would be supportive of the proposed request. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 98SN0185, subject to the following condition: A seventy-five (75) foot buffer shall be maintained along the southern property boundary. This buffer shall conform to the requirements of the Zoning Ordinance for seventy-five (75) foot buffers, Sections 19-520 through 19-522. (P) And, further, the Board accepted the following conditions: The application contains two exhibits described as follows: Exhibit A - Plan entitled "Compiled Plat" prepared by Charles C. Townes & Associates, P.C., dated January 7, 1998. Exhibit B - Architectural Elevations entitled "Courthouse Commons Shopping Center," prepared by Barlew Neuhoff Architects Incorporated, revised July 13, 1998. Exhibit C - Plan entitled "Cogbill Property, Master Plan" prepared by Charles C. Townes & Associates, P.C., revised January 12, 1998. Exhibit C shall be considered only a general illustration of the proposed development and does not reflect a blueprint for future action for the any portion of the property that is not the subject of this application or for the Property, except as explicitly outlined below. Utilities. used. Public water and wastewater systems shall be o Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. o Stormwater Management. Any stormwater management facility will be designed to meet the following criteria: ao No post-development drainage or drainage from the road widening associated with the development of the Property shall drain to the pond located on GPIN 771-660-2867, commonly known as Tyler's Pond; 98-565 7/29/98 C o Uses. No post-development drainage from impervious areas shall be directed to the existing driveway culvert on GPIN 770-660-3254; Drainage improvements shall be designed and constructed to mitigate potential for erosion and downstream flooding. The exact design and treatment of the improvements shall be reviewed and approved at the time of site plan review. Any storm water management facility that uses the existing outfall on GPIN 767-661-5216 shall be designed to store a ten (10) year post- development and a two (2) year pre-development storm discharge for this Property only. No additional storage for any existing or future upstream drainage flowing through the Property shall be incorporated into this requirement; and Any open basins required, for. water quantity or quality control which are engineered to serve the Property shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for the uses developed on the Property. The landscaping plan for such ponds shall include landscaping adjacent to the ponds. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. The area designated "Shopping Center" on Exhibit A shall be used for a shopping center and retail outparcels. Except as qualified herein, uses permitted shall be those uses permitted by-right and those permitted with restrictions in the C-3 District except the following uses shall not be permitted: i. Multi-family housing. ii. Townhouses. iii. Cocktail lounges, but not including sit- down restaurants or cafeterias. [NOTE: The purpose of this proffer is to restrict uses that primarily sell on- premises alcoholic beverages; however, restaurants with accessory sale of alcoholic beverages are not intended to be included in this restriction.] Pool halls. Pawn shops. Second hand shops. 7/29/98 98-566 o The area designated as "Office" on Exhibit A shall be limited to the following uses: i. Access to any land which is located in an agricultural, office, business or industrial district or used for agricultural, office, business or industrial purposes. ii. Art school, gallery or museum. iii. Banks and savings and loan associations. iv. Brokerages. v. Churches and/or Sunday schools. vi. Communication studios, stations and/or offices exclusive of towers. vii. Eyewear sales and service. viii.Libraries. ix. Medical clinics. x. Messenger or telegraph services. xi. Offices. xii. Post office and mailing services. xiii.Nursery schools and child or adult care centers. xiv. Schools, business, dance, and/or music. xv. Telephone exchanges. xvi. Underground utility uses except as provided in section 19-145(a), when such uses are located in easements or in public rights-of-way. xvii.Office/warehouse where the retail portion of the warehouse for each individual tenant occupies forty percent (40%) or less of the.individual tenant's space. The loading/warehouse areas shall be oriented away from any adjacent residential uses; xviii.Such other uses as are deemed ~accessory uses" to those set forth above. Dedications. Prior to any site plan approval, the following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: Forty-five (45) feet of right-of-way, on the west side of Beach Road measured from the centerline of that part of Beach Road immediately adjacent to the Property, and Sixty (60) feet of right-of-way, on the south side of Iron Bridge Road/Route 10 (~Route 10") measured from the centerline of that part of Route 10 immediately adjacent to the Property. Access. Direct access to Route 10 shall be limited to one (1) entrance/exit, located at the western Property line, as generally shown on Exhibit A. 7/29/98 98-567 o bo Direct access to Beach Road shall be limited to one (1 entrance/exit, located approximately midway on the Beach Road Property frontage (approximately 700 feet from the intersection of Beach Road and Route 10), subject to site distance requirements. The location of this access shall be as generally shown on Exhibit A. C · Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the Property to ensure shared future cross access with the F & M Bank parcel (the ~Bank Parcel," GPIN 770-661-8777). The use of the easement and any construction required for its use shall occur if and when the Bank Parcel requires such access. Ail improvements necessary to facilitate the use of the easement shall be the sole responsibility of others. Transportation Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following: a o Construction of an additional lane of pavement along the eastbound lanes of Route 10 for the entire Property frontage; Construction of additional pavement along the eastbound lanes of Route 10 at the approved Property accesses to provide a separate right turn lane at each access; C · Construction of a travelway across the Property and through the adjacent portion of the remaining Cogbill property (part of GPIN 769- 660-7197 and not included in this request) to the existing full movement median break on Route 10 immediately west of the Beach Road/Route 10 intersection. The travelway is generally shown on Exhibit C as the hatched area. The exact location and configuration of this access may be modified at the time of site plan approval; (NOTE: This access point and travelway is provided with the first phase of development in an effort to facilitate access for future phases of the property located along Route 10.) do Construction of additional pavement along the westbound lanes of Route 10 at the travelway access and the Beach Road intersections to provide an adequate left turn lane, provided these improvements shall not include any 7/29/98 98-568 o o relocation or closure of the existing median break immediately east of the Beach Road intersection. The exact length of these road improvements shall be approved by the Transportation Department~ e o Construction of additional pavement along Beach Road at the approved Property access to provide left and right turn lanes based on Transportation Department standards; f o Construction of a raised median acceptable to the Transportation Department on Beach Road from Route 10 to the southern property line with median breaks at Krause Road and the Beach Road access. The Beach Road median access shall be designed and constructed to preclude vehicles exiting the Property from traveling ~north on Beach Road. The Krause Road median access shall be designed to preclude vehicles traveling southbound on Beach Road from turning left into Krause Road, but shall provide for left turns from Krause Road to southbound Beach Road; go Full cost of traffic signal modifications at the Beach Road/Lori Road/Route 10 intersection, as required for the road improvements identified above; and Dedication to Chesterfield County, free and unrestricted, of any additional right-of- way (or easements) required for the improvements identified in Proffered Condition 7 above. Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 7, shall be submitted to and approved by the Transportation Department. Architecture. The Property shall have compatible architectural treatments, colors and materials generally as shown on Exhibit B. The roof shingles for the center portion of the shopping center identified as the "Food Store" shall be a simulated slate material. Alternate roof materials and/or gable features, including the use of metal roofs, on the remaining portions of the Shopping Center shall be permitted as approved by the Director of Planning. The side elevation closest to Beach Road and extending approximately 60 feet from the front of the building(s) shall have architectural features, materials and roof details similar to and integrated with the front elevation. Except as stated above, alternative and different building materials (such as split block) shall be permitted on the sides and rear elevations, provided the use of other materials are compatible with the Shopping Center. 7/29/98 98-569 Mullions/muntins similar in appearance to those at the Chesterfield Meadows Shopping Center shall be used in the tenant space windows. NOTE: The determination of the exact colors of the building materials (including the roofs, brick and block), the size of window panes in the tenant spaces, and the compatibility of the architecture shall be made at the time of site plan review. 10.a. At such time as the Shopping Center is developed measures shall be taken to minimize the views of loading and service areas and the views of the rear elevations of the Shopping Center from the ground elevation of the future (or existing) development on the Office portion of the Property and from pulDlic rights-of-way. These measures may include, but are not limited to landscaping, walls, topography, etc. At the time of site plan review, plans depicting this requirement shall be submitted to the Planning' Department for review and approval. Ornamental trees such as magnolia, crepe myrtle, heritage birch, and crabapple shall be a made a part of the perimeter and surface parking area landscape requirements. The installation of ornamental trees shall not be in addition to the Ordinance requirements. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0177 In Dale Magisterial District, A. T. LINEGAR requested rezoning and amendment of zoning district map from Corporate Office (O- 2) to Community Business (C-3). A restaurant and convenience store with gasoline sales is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 2.8 acres fronting approximately 277 feet on the east line of Iron Bridge Road, also fronting approximately 153 feet on Cogbill Road and located approximately 380 feet northeast of the intersection of these roads. GPIN 776-683-2540, 3156 and 4030 (Sheets 15). Ms. Rogers presented a summary of Case 98SN0177 and stated that today the applicant submitted proffered conditions that would eliminate the car wash; agreed to additional landscaping measures along Cogbill Road; and agreed that the two buildings located to the rear of the convenience store would be limited to office uses. She continued to present a summary of Case 98SN0177 and stated that the Planning Commission and staff recommend denial. She further stated that staff recommends denial because the proposed zoning and land use do not conform 7/29/98 98-570 to the Central Area Plan; existing 0-2 zoning on the request property and on adjacent properties along Iron Bridge and Cogbill Roads provides a transition between more intense commercial zoning and development at the Ironbridge Road/Cogbitl Road intersection and existing and anticipated area non-commercial uses to the north and east; and the request site and surrounding 0-2 properties were rezoned as one project to allow a coordinated, campus-style office park with limited, supporting commercial uses. Mrs. Humphrey excused herself from the meeting. Ms. Rogers continued to present a summary of Case 98SN0177 and stated that if the Board wishes to consider the additional proffered conditions, it would need to amend its rules of procedures. Mrs. Humphrey returned to the meeting. Mr. Cogbill, representing the applicant, indicated that the applicant was essentially amending the existing zoning to permit certain additional commercial uses. He presented an overview of the proposed development. He stated that the applicant is requesting a specific change to allow for a gas station; that the applicant is not attempting to increase the amount of commercial space; and that the applicant has proffered to maintain the residential character by using pitch roofs. He further stated that the applicant has met with the community regarding this request and expressed appreciation to the Howard family and Ms. Kite for their time in addressing this request with the applicant. He stated that the applicant has made proffers for transportation and allowing additional landscaping along Cogbill Road, as well as the removal of the car wash. He further stated that the applicant feels that this project is a good project, with the additional proffers and traffic improvements, and will benefit the County and be an asset to the community. Ms. Laurie May, an area resident, stated that she supports the proposed request. Ms. Martha E. Kite stated that she does not support the proposed request. Ms. Mary Howard Sergeant, adjacent property owner, expressed concerns relative to how this proposed development will affect area residents; to there being no sidewalks for pedestrian to walk in this area, specifically as it relates to children walking to school; the lack of County transportation for children who reside in close proximity to the school; and to the impact of headlights on homes in the area. She referenced the original rezoning request in which there was going to be no gas station constructed on this property. She also expressed concerns relative to the increase in traffic and crime in the area if the request is improved. She reiterated that she is concerned about the safety of children in the area and increased traffic in the area if the request is approved. She 7/29/98 98-571 stated that she feels this is an example of spot zoning and referenced several cases that were denied relative to spot zoning on Iron Bridge Road. She requested the Board to consider her concerns. Mr. John Howard, speaking on behalf of his mother who is an adjacent property owner, expressed concerns about commercial uses located in residential areas. Ms. Donna Johnson expressed concerns relative to traffic dangers on Cogbill Road. She: indicated that several convenience store/gas stations are already located within approximately one-half mile south of this request. She stated that she feels there are ample gas/convenience stores in this area. She further stated that she feels that the proposed development will have a negative impact on the area and on her property. She requested that the Board deny the request. Mr. Tim Thacker, an adjacent property owner, stated that he supports the proposed ~request,~ however, expressed concerns relative to how the development would impact his drainfield. Mr. John Mills, a resident of Cogbill Road, stated that he feels there are ample gas stations in this area and indicated that he does not support construction of a gas station on the subject property. Mr. Billy Souther, Pastor of $outhside Baptist Church, stated that they support the proposed request. He further stated that if any problems should arise, they would work with the property owner in addressing the issues. Ms. Marie Newbert, a resident of Iron Bridge Road, stated that she and her husband support the proposed request. Mr. Beverley White stated that people need to accept change and that he and his wife support the request. Mr. W. R. Dyke, a resident of Iron Bridge Road, stated that he supports the request. Ms. Frances Faleras, a resident of Iron Bridge Road, stated that she supports the request. Mr. R. Irving Lee, a resident of Iron Bridge Road, stated that he supports the proposed request. Mr. William T. Kenyell, a resident of Iron Bridge Road, stated that he supports the request. Mrs. Humphrey commended the citizens on a very good public process regarding this public hearing. Mr. Cogbill stated that the property is currently commercially zoned and has B-2 uses permitted; that the property was zoned before the Central Area Plan was developed; and that the applicant proposed the construction of a fence to address 7/29/98 98-572 concerns relative to headlights. He stated further that he had submitted into the record of the Planning Commission a petition with approximately 70 signatures of citizens, residing in the Iron Bridge Road/Cogbill Road area, in support of the request. Mrs. Humphrey requested that the applicant insure that Mr. Thacker's drainfield concerns be addressed. There was brief discussion relativeto the amount of commercial square footage permitted by the existing zoning. When asked, Mr. Cogbill stated that the applicant is not proposing to increase the amount of commercial square footage already permitted. There was brief discussion relative to citizens having the expectation that gasoline sales would not be one of the uses proposed for this property in the original zoning. Mr. Daniel stated that he has known the Howard family for many years and that it is difficult to address issues and be fair to all parties involved. He further stated that he attended several meetings with the Howard family regarding this request. He stated that there is existing zoning; that in this case, there is an approved zoning case; and that commercial uses are already permitted. When asked, Ms. Rogers stated that to her knowledge there are no areas designated on the Central Area Plan for mixed use which are occupied by a convenience store. Mr. Daniel stated that spot zoning already exists in the area; that the proffers that were submitted today regarding this request and addressing improvements relative to landscaping, uses and elimination of a car wash. He further stated that the request is in keeping with the consultant's recommendation in the Central Area Plan regarding rejuvenating and bringing commercial usage into older neighborhoods. He inquired whether or not the existing zoning and the Howard tract would remain intact. When asked, Ms. Rogers stated that the proffered conditions would require that the access to Cogbill be relocated to align with Howell Drive. Mr. Daniel stated that the County would work with Ms. Howard to maintain her existing ingress and egress to her property. He further stated that he has received letters from Southside Nazarene Church supporting the zoning; that he has received petitions supporting the zoning; and that he has received a letter from the Howard's regarding their input into the request. He stated that he has put a lot of thought into this request. There was brief discussion relative to there being petitions that were submitted in opposition of the request. 98-573 7/29/98 Mr. Daniel stated that if he were lzo make a motion to approve the request, he would insist that all the additional proffers be included, which woUld require a motion to suspend the rules to allow for the additional proffers to be considered. Mr. Daniel then made a motion for the Board to suspend its rules at this time to consider the additional proffered conditions. Mr. Warren seconded the motion made by Mr. Daniel, providing that the additional proffered conditions will address some of the concerns that have been expressed. He further stated that, on that basis, he can support Mr. Daniel's motion. Mr. McHale stated that he is aware that the applicant and staff has worked hard on this request. He further stated that when the Board decided to not accept ].ate proffers, it gave the Board the opportunity to only accept those proffers in situations where the proffers were going to allay the public concerns. He stated that he has consistently agreed to accept late proffers when the proffers have been presented as a good faith effort and where they have resulted in a consensus by all parties. He further stated that based on what he has heard, he feels the Howard's still have some concerns. He stated that he will not support suspending the rules as it will allow those involved the opportunity to continue to work toward a resolution suitable to all parties.. Mr. Daniel stated that since there would not be a unanimous vote on the suspension of the rules, he will make a motion for the Board to defer Case 98SN0177 until August 26, 1998. Mr. Daniel then made a motion, seconded by Mr. Warren, for the Board to defer Case 98SN0177 until August 26, 1998. Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 18. ADJOURNMENT Mrs. Humphrey made a motion, seconded by Mr. Warren, for the Board to adjourn at 9:50 p.m. until August 24, 1998 at 6:00 p.m. for a joint meeting with members of the School Board at Pocahontas State Park. After brief discussion regarding the future public hearing on Case 98SN0177, Mr. Micas stated that the public must have an opportunity to speak to any additional proffers only at the next public hearing. Mr. Daniel stated that he would like to amend his motion regarding Zoning Case 98SN0177, as he will not be attending the evening session of the August 26~, 1998 Board meeting. He further stated that either a sixty day or forty five deferral would be appropriate at this time. 98-574 7/29/98 Mr. Cogbill stated that he would support the preference of the Board on the deferral. Mr. Daniel amended his motion for the Board to defer consideration of Case 98SN0177 until September 9, 1998 meeting. On motion of Mr. Daniel, seconded by Mr. Warren, the Board deferred Case 98SN0177 until September 9, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mrs. Humphrey called for the vote on the motion made by her, seconded by Mr. Warren, for the Board to adjourn at 9:50 p.m. until August 24, 1998 at 6:00 p.m. for a joint meeting with members of the School Board at Pocahontas State Park. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. y B .' humphrey -- Chairman 98-575 7/29/98