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10-14-1998 MinutesBOARD OF SUPERVISORS MINUTES October 14, 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 Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. Joseph E. Beck, Jr., Asst. Dir., Utilities Dr. William Bosher, Jr., Supt., School Board Mr. Steven Calabro, Dir., County Airport Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Legislative Services Ms. Becky Dickson, Dir., Budget and Management Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admino, Human Services Mr Russell Harris, County Ombudsman Ms Tammy D. Haskins, Clerk to the Board Mr Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs Ms Mary Martin, Asst. Dir., Human Resource Mgmt. Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr Francis Pitaro, Dir., General Services 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 98-710 10/14/98 Mrs. Humphrey called the regularly scheduled meeting to order at 4:15 p.m. She expressed condolences in the death of Richmond City Police Officer Thomas McMahon. 1. APPROVAL OF MINUTES 1.A. SEPTEMBER 22, 1998 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of September 22, 1998, as submitted. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 1,B, SEPTEMBER 23, 1998 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of September 23, 1998, as submitted. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that the South Central Wastewater Authority recently received the 1998 United States Environmental Protection Agency Region III Operations and Maintenance Excellence Award for the Large - Advanced Category Wastewater Treatment Plant. He further stated that this award is a tremendous accomplishment and congratulated the staff of the plant. 3. BOARD COMMITTEE REPORTS Mrs. Humphrey stated that she participated in the constituent's meeting of Mr. Thomas Wootton, Matoaca District School Board representative, on October 12, 1998 regarding the new Spring Run Road Elementary School.. She congratulated Virginia State University for receiving funds from the Department of Housing and Urban Development for facility upgrades and the Manchester High School Lancers Band who will be attending the Peach Bowl. She stated that Mr. Daniel will be awarded the Jefferson Cup Award from the Virginia Association of Counties at the annual conference in November, 1998 and congratulated him for this well deserved honor. Mr. Daniel stated that the credit for receipt of this prestigious award belongs to the Board of Supervisors, County Administration staff, and the regional boards and commissions that he has been involved with during his tenure as a Board member. He further stated that his greatest reward has been the opportunities afforded to foster positive change for improving the quality of life in the County. 98-711 lo/14/98 Mr. Barber stated that he attended the 15th Anniversary of Fire Station Number Nine and commended the firefighters for their efforts in serving the community. He further stated that he was the guest speaker for Founders Day at John Tyler Community College last week. He noted that Midlothian Village Day will be held October 17, 1998 and that his constituent's meeting will be held November 2, 1998 regarding planning and developing issues. Mr. Warren stated that his last constituent's meeting, regarding new projects within the 360 Corridor, was well attended and that the 360 Corridor Committee has planned many improvements. He further stated that his next constituent's meeting will be held in early November, 1998 regarding planned- managed growth. Mr. McHale stated that his next constituent's meeting will be held on October 19, 1998 regarding the plans for the new Chester Library. He recognized several members of the Women's Club of Chester present at the meeting. Mr. Daniel stated that the Meadowbrook Fall Festival will be held on October 24, 1998 accompanied by the opening of the satellite community policing office. He further stated that the Meadowbrook Council will be meeting on October 19, 1998 and that he represented the County on October 13, 1998 at the ground breaking of Route 895. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CF_ANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board replaced Item 8.D.7.b., Set Date for Public Hearing to Consider an Ordinance to Amend the Code of the County of Chesterfield, 1997, as Amended, by Amending and Reenacting Section 6-9 Relating to Business Licenses; deleted Item 8oD.15., Authorization to Exercise Eminent Domain for the Acquisition of a Sixteen Foot Water Easement and Two Ten Foot Temporary Construction Easements for the Chippenham/Route 1 Interchange Water Li~e Rehabilitation; added Item 8.D.23.c., Transfer of Three Cent Road Funds from Matoaca District to Purchase Football Equipment for Use by Matoaca Youth Athletics and Other Athletic Organizations; added Item 8.D.24., Authorization for the Board of Supervisors to Initiate Zoning Application to Rezone Ashton Creek Apartments; added Item 10.C., Executive Session Pursuant to Section 2.!-344(A) (7), Code of Virginia, 1950, As Amended, for Consultation with Legal Counsel Regarding Legal Issues Relating to David R. Cosby, et al. v. Board of Supervisors and, adopted the Agenda, as amended. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-712 o/ 4/98 5. RESOLUTIONS AND SPECIAL, RECOGNITIONS O RECOGNIZING OCTOBER, 1998 AS "QUALITY MONTH" Mrs. Sharon Randol, Quality Coordinator, introduced Mr. Ron Tatum, President of the Richmond Association for Quality and Participation, and Ms. Jackie Anderson, Chairman of the Richmond Chapter of the American Society for Quality. She displayed a certificate of recognition for Quality Month in the Commonwealth of Virginia that the County received from Governor Gilmore. On motion of the Board, the following resolution was adopted: WHEREAS, a commitment, to excellence in manufacturing, service, and government is essential to our nation's well- being; and WHEREAS, over the years, Virginians have shown great personal pride and interest in developing quality goods and services and in promoting a high standard of excellence in both the public and private sectors; and WHEREAS, from the smallest to largest manufacturing service organizations in the Commonwealth of Virginia, quality is a major concern; and WHEREAS, the individual workers, business leaders, educators, and government officials must work together to promote excellence in the public and private sectors; and WHEREAS, in February, 1992, the Chesterfield County Board of Supervisors directed the County Administrator to develop and initiate an ongoing total quality improvement effort aimed at reinventing the way Chesterfield County government services its customers; and WHEREAS, many County employees have already joined the ranks of those in the private sector who are applying quality improvement tools and training in the workplace and Chesterfield County has developed ongoing partnerships with quality leaders in the private sector; and WHEREAS, the Richmond Chapter of the American Society for Quality, and the Richmond Association of Quality and Participation, have provided leadership, programs and networking opportunities in the Greater Richmond area which have been beneficial to both the public and private sectors. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October, 1998 as "Quality Month" in Chesterfield County and calls its significance to the attention of all its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-713 ~_o/14/98 Mrs. Humphrey expressed appreciation for the total quality initiative and its positive impact on public service in the County. Ms. Anderson stated that many of the members of the Richmond Chapter of the Association for Quality and Participation live and work in the County and expressed appreciation, on behalf of the organization, for the recognition and the honor of having the resolution presented by the Board. She stated that the Board and the County employees exemplify some of the highest principles associated with quality and have demonstrated what can be achieved when a group of people dedicate themselves to pursuing excellence as their destination and choosing quality as a path to get them there. She congratulated the Board for their effort and accomplishments and expressed appreciation to the County for being a role model in the area of quality improvement. Mr. Tatum stated that the Association for Quality and Participation is a national, non-profit organization that focuses on improving the workplace through quality initiatives and participation. He expressed appreciation to the Board for the recognition and stated that it is evident that the County is focused on empowerment, inclusiveness, training and improvement in the workplace and that he is honored to live in the County. He stated that the Richmond Chapter of the Association for Quality and Participation won a national award last year for their quality efforts. He congratulated the Board members for their continuing quality and inclusiveness efforts. 6. WORK SESSIONS O UNIFIED PAY PLAN Mr. Ramsey presented an overview of the Unified Pay Plan including pay equity; attracting, retaining and motivating employees; internal equity; external competitiveness; and simplification of the pay system. He reviewed the Pay Plan study recommendations including coordinating the pay systems of the schools and the County into a unified pay plan; implementing a uniform job evaluation system using multiple factors/criteria; jointly defining markets; and developing a plan to alleviate salary compression. He then reviewed the County's current and proposed salary structures. He continued to present an overview of the Unified Pay Plan including employee concerns regarding salary compression; not being paid "at market"; and increases based on midpoint. He then reviewed the County Administrator's recommendations including approving a two year plan to address salary compression in April, 1999 -- increasing salaries of full time employees by $100 for every year of County service, and April, 2000 -- increasing salaries by $50 for every year of County service; implementing a new range structure and job classification system, effective July, 1999; and basing future merit increases on employee's actual 98-714 10/14/98 salaries rather than midpoint to avoid compression, effective July, 1999. He continued to review County Administrator's recommendations including midpoint versus actual salary increases and employee benefits. He then reviewed factors considered in the recommendation including the increase being based on performance; all full-time employees being eligible; reducing compression; and the pay plan being easy to understand and communicate. He reviewed other alternatives considered including increasing pay based on years in position; placement in range and across-the-board increases; and the financial challenges of the study from FY99 to FY01. When asked, he stated that if $100 would put an employee over the top of their scale, they would not be eligible for the increase and that department heads and employees with less than one year of service would be exempt. Mr. Barber stated that the County has had difficulty attracting applicants and retaining employees because of the need to offer more competitive salaries. Mr. Warren stated that he feels this plan moves the County in the right direction, while maintaining the County's fiscal integrity. He further stated that he would like staff to prepare an analysis of other options for larger salary increases, including the impact of these options, for the October 28, 1998 meeting. Mr. Ramsey stated that his original recommendation was for a three year plan with $50 per year, for each year of service over the next three years, and that after further reviewing other options at the Board's request, the final recommendation was made. He further stated that in order to go beyond his proposed recommendation, the Board would have to implement serious adjustments to either the capital program or bond projects or eliminate programs. Mr. Warren inquired as to other options for implementing the salary compression concern and how they will impact the upcoming County capital improvement projects. He stated that he feels other alternatives need to be considered before a decision is made regarding the Plan. Mr. Daniel stated that he concurred with Mr. Warren's comments regarding staff submitting a more detailed report of the cost to go beyond the proposed recommendation and the proposed Pay Plan could then be placed on the Agenda for the October 28, 1998 Board meeting for formal consideration. He further stated that several concerns have been expressed by employees regarding the Pay Plan and noted that most employees are below mid-point. He stated that the Budget and Audit Committee recommends approval of the proposed Pay Plan and requested that suggestions be submitted to Mr. Ramsey in an effort to analyze other options. Mr. McHale stated that he feels the proposed Pay Plan represents an initial step for future adjustments. 98-715 There was brief discussion regarding the proposed Pay Plan being deferred to the October 28, 1998 Board meeting. Mr. Barber stated that he feels Mr. Ramsey's recommendations represent a strong effort by the Board to address the issue of employees' salaries within existing fiscal restraints. Mr. Daniel stated that he feels Mr. Warren's request for an analysis of other options should be addressed. Mrs. Humphrey stated that she feels the proposed Pay Plan is a beginning to address salary concerns. She referenced the Emergency Medical Services Study and the possibility of a source for funds. She stated that public safety employees have expressed concerns regarding the proposed Pay Plan and that she would like to review salaries from other jurisdictions. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. FY98 RESULTS OF OPERATIONS On motion of Mr. McHale, seconded by Mr. Barber, the Board deferred consideration to set a date for a public hearing to consider reappropriation of $700,000 in FY99 to address the Unified Pay Plan; designate $1.88 million for use in future years to address the Unified Pay Plan; and reappropriate $141,300 for use for the Fire Department in FY99 until October 28, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B. APPOINTMENTS On motion of Mr. Daniel, seconded by Mr. McHale, the Board deferred consideration of a member, representing the Dale District, to serve on the Committee on the Future until October 28, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C. STREETLI~HT INSTALLATION COST APPROVALS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a streetlight installation cost approval for Tinsberry Drive, midway between 2701 and Jefferson Davis Highway, in the Bermuda District,in the amount of $976.43. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-716 10/14/98 8.D. CONSENT ITEMS 8.D.1. ADOPTION OF RESOLUTIONS 8.D.l.a. SUPPORTING THE NAMING OF ROUTE 895 TO POCAHONTAS PARKWAY On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Route 895 will provide improved access to the Richmond International Airport from Chesterfield County; and WHEREAS, representatives of the firm that will be constructing Route 895 have asked the Board of Supervisors to support the naming of Route 895 as the Pocahontas Parkway; and WHEREAS, the Commonwealth Transportation Board has the authority to name highways in the Commonwealth. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County supports the naming of Route 895 as the Pocahontas Parkway. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 D.l.b. RECOGNIZING MR. KEVIN MARSDEN, TROOP 869, UPON ATTAINING RANK OF EAGLE SCOUT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: 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. Kevin Matthew Marsden, Troop 869, sponsored by Saint Matthias' 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, Kevin is 98-717 0/ 4/98 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. Kevin Matthew Marsden and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.i.c, RECOGNIZING MR. W. $. CARNES FOR HIS CONTRIBUTIONS AND SUPPORT OF THE MEADOW-BROOK AREA On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. William S. Carnes has been a strong supporter and friend of the Meadowbrook community for over forty years; and WHEREAS, Mr. Carnes had a vision that the Meadowbrook area needed a shopping center to serve the community; and WHEREAS, Mr. Carnes has been instrumental in developing the Meadowbrook community and has been generous in supporting the efforts of Chesterfield County and numerous community organizations; and WHEREAS, Mr. Carnes truly cares for Meadowbrook and has provided an office to support the efforts of the Meadowbrook/Meadowdale Community Policing Program. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. William S. Carnes for his continued contributions and support of the Meadowbrook area and eohancing its quality of life, and extends on behalf of its members and the citizens of Chesterfield County their appreciation. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Carnes and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.l.d. RECOGNIZING THE CITY OF PETERSBURG ON THE OCCASION OF ITS 250TH ANNIVERSARY On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: 98-718 o/z4/gs WHEREAS, Native Americans had resided in the lower Appomattox Valley for thousands of years before contact with the Jamestown colonists in early May of 1607; and WHEREAS, the establishment of the Citie of Henricus in 1611, in what is now Chesterfield and Henrico Counties, brought English settlers even closer to the Native American settlements; and WHEREAS, as a response to Powhatan uprisings, Fort Henry was established at the Falls of the Appomattox in the spring of 1646 and was under the command of Abraham Wood; and WHEREAS, Indian trade, and later, the cultivation of tobacco, were the principal economic activities of the English settlers for more than 200 years; and WHEREAS, the City of Petersburg, formally established as a town on December 17, 1748, is heir to this rich American history and has been vital in the historic development of the region since its earliest days. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses best wishes to the citizens of Petersburg, Virginia, and wishes them a happy 250th anniversary and continued success. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.2. AUTHORIZATION FOR THE COMMONWEALTH ATTORNEY TO APPLY FOR DEPARTMENT OF CRIMINAL JUSTICE SERVICES GRANTS AND APPROPRIATION OF FUNDS 8.D.2.a. CONTINUATION OF A V-STOP/FELONY DOMESTIC VIOLENCE AGAINST WOMEN PROSECUTOR POSITION On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Commonwealth Attorney to enter into a grant agreement with the Department of Criminal Justice Services (DCJS) to provide funding for a VSTOP/Felony Domestic Violence Against Women Prosecutor position; appropriate revenue and expenditures related to the grant when received, not to exceed $65,500; and create one full-time domestic violence prosecutor position. (It is noted that the maximum local cost will be $27,967, which will be provided in the form of in-kind services.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-719 10/14/98 8.D.2.b. FOR A V-STOP/DOMESTIC VIOLENCE PROSECUTOR POSITION On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Commonwealth Attorney to enter into a grant agreement with the Department of Criminal Justice Services (DCJS) to provide funding for a VSTOP/Domestic Violence Against Women Prosecutor position and appropriate revenue and expenditures related to this grant when received, not to exceed $60,500. (It is noted that this is a continuation of an existing grant and that the maximum local cost will be $19,020, which will be provided in the form of in-kind services.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.3. AUTHORIZATION FOR POLICE DEPARTMENT TO APPLY FOR A FEDERAL GRANT FOR THE DOMESTIC VIOLENCE COORDINATOR PROGRAM AND APPROPRIATION OF FUlqDS On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Police Department to apply for a Department of Criminal Justice Services V-STOP Grant for continuation of the Domestic Violence Coordinator Program in the amount of $59,203, and appropriate the necessary funds when approved. (It is noted that a local in-kind match of $14,756 is being provided by the Police Department.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.4. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO ENTE~ INTO A SPECIAL PROJECT SERVICE AGREEMENT FOR AGRICULTURAL OPERATION LEAF COMPOSTING On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to enter into a special project service agreement with Central Virginia Waste Management Authority (CVWMA) for agricultural operation leaf composting. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,D.5. AWARD OF CONTRACTS 8,D.5,a. TO SOUT~IWOOD BUILDERS, INCORPORATED FOR CONSTRUCTION OF PI{ASE 2A OF THE PUBLIC SAFETY TRAINING CENTER AT ENONAND TRANSFER OF FUNDS On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a construction contract to Southwood Builders, Inc., in 98-720 lO/14/99 the amount of $505,364, for Phase 2A of the Public Safety Training Center at Enon and transferred $70,000 to the project from the Reserve for Capital Projects. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D,5 .b. TO SHOOSMITH BROTHERS, INCORPORATED FOR SITE WORK IMPROVEMENTS AT THE CLOSED CHESTER LANDFILL On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a contract to Shoosmith Brothers, Incorporated, in the amount of $168,500, for site work improvements at the closed Chester Landfill. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.5.c. TO G. L. HOWARD, INCORPORATED FOR THE WATER LINE EXTENSION ALONG COACH ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a construction contract to G. L. Howard, Incorporated, in the amount of $161,195.50, for the Coach Road Water Line Extension Project and authorized the County Administrator to execute the necessary documents. (It is noted that a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.6. AUTHORIZATION FOR COUNTy ADMINISTRATOR TO EXECUTE SUPPLEMENTAL AGREEMENT FOR DESIGN OF NEW JUVENILE AND DOMESTIC RELATIONS COURTS FACILITY On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a supplemental agreement, in the amount of $241,363, for phase III of the design of the new Juvenile and Domestic Relations Courts Facility. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.7. SET DATE FOR PUBLIC HEARINGS 8.D.7 .a. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AM~BNDING AND REENACTING SECTION 17-2 RELATING TO TaR DEFINITIONS OF FRONTAGE AND SUBDIVISION On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of November 12, 1998 at 7:00 p.m. for a public hearing 98-721 to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting section 17-2 relating to the definitions of frontage and subdivision. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.7 .b. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THR COUNTY OF C~ESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 6-9 RELATING TO BUSINESS LICENSES On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of November 12, 1998 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting section 6-9 relating to business licenses. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.8. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE A NON-DISTURBANCE AGREEMENT BETWEEN T~E COUNTY AND HEILIG-MEYERS FOR THE HANGAR LEASE WITH DOMINION AVIATION SERVICES On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to enter into a Non- Disturbance Agreement, in a form approved by the County Attorney, between the County and Heilig-Meyers for the Hangar Lease with Dominion Aviation Services. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.9~ APPROVAL OF FUNDING FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. McHale, seconded by Mr. Warren, the Board appropriated $210,000 in Federal and State Part C funds for expenditures within the Grants Fund and reappropriated $55,592 in Federal Substance Abuse funds for expenditures in Fiscal Year 1998-1999, to provide funding for the Community Services Board. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-722 10/14/98 8.D.10. 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 road in Meadow Oaks, Section E, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Meadow Oaks, Section E, Dale District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the road in Meadow Oaks, Section E, Dale District, be and it hereby is established as a public road. 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: Oregon Oak Drive Length: 0.09 mile From: Dalebrook Drive, State Route 1601, at Cliffwood Road, State Route 2490 To: Existing Oregon Oak Drive, State Route 5451, 0.09 mile northeast of Dalebrook Drive, State Route 1601 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. This road serves 12 lots. This section of Meadow Oaks, is recorded as follows: Section E, Plat Book 78, Page 70, July 9, 1992. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Meadow Oaks, Section F, Dale District, and 98-723 10/14/98 Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Meadow Oaks, Section F, Dale District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the road in Meadow Oaks, Section F, Dale District, be and it hereby is established as a public road. 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: Evergreen Oak Court Length: 0.11 mile From: Dalebrook Drive, State Route 1601, at Grovewood Road, State Route 2469 To: Cul-de-sac, 0.11 mile southeast of Dalebrook Drive, State Route 1601 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. This road serves 16 lots. This section of Meadow Oaks, is recorded as follows: Section F, Plat Book 82, Page 18, September 22, 1993. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: 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 9, 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 9, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and 98-724 lO/14/9s Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retentiOn facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Antler Ridge, Section 9, 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: Whirlaway Drive Length: 0.10 mile From: Existing Whirlaway Drive at section limits, 0.12 mile north of Secretariat Drive To: Existing Whirlaway Drive at section limits, 0.22 mile north of Secretariat Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Palomino Way Length: 0.17 mile From: Cul-de-sac, 0.17 mile west of Whirlaway Drive To: Whirlaway Drive, 0.17 mile north of Secretariat 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 26 lots. This section of Antler Ridge, is recorded as follows: Section 9, Plat Book 85, Page 69, September 26, 1994. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: 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 Swift Creek Crossing, 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 Swift Creek Crossing, 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 lO/14/98 98-725 Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Swift Creek Crossing, 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: Creek Crossing Drive Length: 0.11 mile From: Swift Crossing Drive, 0.11 mile southeast of Bailey Bridge Road, State Route 654 To: Bailey Bridge Road, State Route 654, 0.19 mile southwest of Old Bailey Bridge Road, State Route 668 Guaranteed Right-of-Way Width: 75 feet. Name of Street: Swift Crossing Drive Length: 0.26 mile From: Cul-de-sac, 0.18 mile southwest of Creek Crossing Drive To: End of section limits, 0.08 mile east of Creek Crossing Drive Guaranteed Right-of-Way Width: 53 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 23 lots. This section of Swift Creek Crossing, is recorded as follows: Section 1, Plat Book 86, Pages 14 and 15, November 1, 1994. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: 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 Swift Creek Crossing, 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 Swift Creek Crossing, 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 98-726 lO/14/98 detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Swift Creek Crossing, Section 2, 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: Swift Crossing Court Length: 0.04 mile From: Swift Crossing Drive, 0.15 mile west of Creek Crossing Drive To: Cul-de-sac, 0.04 mile northwest of Swift Crossing Drive Guaranteed Right-of-Way Width: 40 feet. Name of Street: Swift Crossing Place Length: 0.03 mile From: Swift Crossing Drive, 0.06 mile west of Creek Crossing Drive To: Cul-de-sac, 0.03 mile northwest of Swift Crossing Drive Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of the adjacen~ slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 14 lots. This section of Swift Creek Crossing, is recorded as follows: Section 2, Plat Book 87, Pages 54 and 55, March 24, 1995. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.11. APPROVAL OF CHAI~GE ORDER FOR ADDITIONAL ROADS IN SUMMERFORD SUBDIVISION, SECTION A On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a change order, in the amount of $47,981, to White Contracting Company for the placement of additional asphalt to additional roads in Summerford Subdivision, Section A not included in the original contract. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-727 10/14/98 8 .D.12. DESIGNATION OF VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SLOPE AND DRAINAGE EASEMENT AND A VDOT PEDESTRIAN ACCESS EASEMENT ON COUNTY PROPERTY On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the designation of a variable width Virginia Department of Transportation (VDOT) slope and drainage easement and a variable width VDOT pedestrian access easement on County property for the development of Harrowgate Place, Section 1, 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: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,D.13. DESIGNATION OF RIGHT OF WAY FOR SPRING RUN ELEM~.NTAR¥ SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the designation of right of way for Spring Run Elementary School 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: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.14. APPROVAL OF UTILITY CONTRACT FOR LOWE'S AT WINTERPOCK After brief discussion, on motion of Mr. MCHale, seconded by Mr. Warren, the Board approved a Utility Contract, for Lowe's at Winterpock - Contract Number 97-0277, which includes 360 L.F. ± of sixteen inch and 1270 L.F. ± of fifteen inch oversized wastewater lines: Developer: Lowe's Home Centers, Inc. Contractor: Godsey & Sons, Inc. Contract Amount: Estimated Total - Total Estimated County Cost: Wastewater (Oversizing) (Refund thru connections) Estimated Developer Cost Code: (Oversizing) District: Matoaca $463,209.00 3,351.11 $459,857.89 5N-573VO-E4C Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 -728 8.D.16. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN FOOT AND TWENTY FOOT SEWER EASEMRNT ACROSS PROPERTY OF HOME DEPOT USA, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, 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 and twenty foot sewer easement across property of Home Depot USA, Incorporated. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.17. REQUESTS FOR PERMISSION 8.D.17 .a. EDWARD J. HARDY, JR. AND CAROL J. HARDY TO INSTALL A PRIVATE WATER SERVICE FOR A RESIDENCE ON WEST HUNDRED ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Edward J. Hardy, Jr. and Carol J. Hardy to install a private water service for a residence at 1142 West Hundred Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.17.b. DORIS JONES SPRATLEY TO INSTALL A PRIVATE WATER SERVICE FOR A RESIDENCE ON WEST HUNDRED ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Doris Jones Spratley to install a private water service for a residence at 1148 West Hundred Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.17.c. MARY D. WALTON TO HAVE A TWELVE FOOT GRAVEL DRIVEWAY TO ENCROACH WITHIN AN UNIMPROVED FIFTY FOOT RIGHT OF WAY KNOWN AS DOWD LANE On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Mary D. Walton for a twelve foot gravel driveway to encroach within an unimproved fifty foot right of way known as Dowd Lane, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-729 10/14/98 8.D.17.d. 5 "C" REALTY COMPANY, L,P, FOR A FIFTEEN INCH STO~ SEWER TO ENCROACH WITHIN AN EXISTING SIXTEEN FOOT SEWER EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from 5 "C" Realty Company, L.P. for a fifteen inch storm sewer to encroach within an existing sixteen foot sewer easement, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.17.e. TIMOTHY J. HARRINGTON, JR, AND MICHELE P. HARRINGTON TO HAVE A PRIVATE STORM DRAIN ENCROACH WITHIN A FORTY FOOT COUNTY RIGHT OF WAY KNOWN AS RIVERMIST TERRACE On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Timothy J. Harrington, Jr. and Michele P. Harrington for a private storm drain to encroach within a forty foot County right of way known as Rivermist Terrace, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D,18. ACCEPTANCES OF PARCELS OF LAND 8.D.18.a. ALONG ROCK HILL ROAD FROM UNITED STATES POSTAL SERVICE On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.471 acres along Rock Hill Road from United States Postal Service and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,D,18,b. ADJACENT TO T~R NORTH RIGHT OF WAY LINE OF COMMONWEALTH CENTRE PARKWAY FROM J, B. CAMPBELL, JOSEPH J. HARDING, III, THOMAS E. CARR, AND BETSY B. CARR On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing 0.1145 acres along the north right of way line of Commonwealth Centre Parkway from J. B. Campbell, Joseph J. Harding, III, 98-730 lo/14/s8 Thomas E. Carr, and Betsy B. Cart and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.19. APPROVAL OF A RIGHT OF ENTRY FOR THE 1-895 PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a right of entry for certain construction to proceed on the 1-895 Project. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.20. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO RENEW W~ALTH CARE CONTRACTS FOR THE COUNTY'S 1999 HEALTH CARE PROGRAM WITH TRIGON HEALTHKEEPERS, CIGNA, DELTA DENTAL AND PRUDENTIAL On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to renew health care contracts for the County's ]_999 Health Care Program with Trigon HealthKeepers, CIGNA, Delta Dental and Prudential. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.21. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO APPLY FOR AND ACCEPT FEDERAL AND STATE GRANTS FOR AIRPORT IMPROVEMENT PROJECTS On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to accept both Federal Aviation Administration and Virginia Department of Aviation Grants, in the amount of $437,528, for Airport Improvement Projects and to enter into contracts with the Federal and State Governments for expenditure of said funds; authorized the County Administrator to enter into contracts with the applicable lowest responsive and responsible bidders; and appropriate $269,269 in Federal funds, $168,259 in State funds, and transfer $42,065 in local funds for these projects. (It is noted that the local match of $42,065, required for the State grant, is available in the Airport Capital Improvement Projects account.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-731 lo/14/s8 8 .D.22. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND ON COGBILL ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the purchase of a parcel of land, containing .700 ± acres, along Cogbill Road, in the amount of $11,000, from Henry Branch, Jr., Barbara B. Jones and Carolyn B. Whitlock, for the expansion of Meadowbrook High School. (It is noted that the School Board approved the purchase on October 13, 1998 and funding for this purchase and associated closing costs is available through the 1997 General Obligation Bonds. It is also noted that a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.23. TRANSFER OF THREE CENT ROAD FUNDS 8.D.23,a. MATOACA DISTRICT FOR THE CONSTRUCTION OF A SUN SHIELD AT THE POCAHONTAS STATE PARK AMPHITHEAT~E On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $1,500 from the Matoaca District Three Cent Road Fund to the State Department of Conservation and Recreation for the construction of a sun shield at the Pocahontas State Park Amphitheatre. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.23 .b. DALE DISTRICT TO PURCHASE AND INSTALL AN OUTSIDE MESSAGE BOARD AT SALEM CHURCH MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $2,000 from the Dale District Three Cent Road Fund to the School Board for the purchase and installation of an outside message board at Salem Church Middle School. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,D.23 .c. MATOACA DISTRICT TO PURCHASE FOOTBAT,L EQUIPMENT F0~ USE BY MATOACA YOUTH ATHLETICS AND OTHER ATHLETIC ORGANIZATIONS On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $550 from the Matoaca District Three Cent Road Fund to the Parks and Recreation Department for the purchase of football equipment for use by Matoaca Youth Athletics and other athletic organizations. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-732 ~0/14/98 $.D.24. AUTHORIZATION FOR THE BOARD OF SUPERVISORS TO INITIATE ZONING APPLICATION TO REZONE ASHTON CREEK APARTMENTS On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the initiation of a zoning application by the Board of Supervisors for rezoning of the Ashton Creek Apartments, Tax I.D. No. 790-650-8154, from R-7 (single family) to R-MF (multi- family) with conditional use plan development to permit use and bulk exceptions. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D,l.e. GRANTING THE GREATER RICHMOND TRANSIT COMPANY THE AUTHORITY TO EXTEND TRANSIT SERVICE TO THE ROUTE 1/CHIPPENHAM PARKWAY K-MART Mr. Daniel stated that the request to extend service to the Route 1/Chippenham Parkway K-Mart was made at the recent K-mart reopening by K-Mart management, citizens who were present, and a City Council member. He further stated that the Greater Richmond Transit Company has agreed to pay the marginal cost of extending the transit service. Mr. Warren stated that there is no liability to the County taxpayer for funding the service and that he supports the extension of the transit service. He further stated that he feels there should be more analysis of the impact of future requests for extension of transit service such as traffic congestion, ridership data, cost benefit analysis of the program, and the effect it will have on the Welfare to Work Program. Mr. Daniel stated that he concurred with Mr. Warren's comments. There was brief discussion regarding the constitution and by- laws of the Greater Richmond Transit COmpany relating to the process for extension of bus service and the funding source for extension. On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, public transportation service could be provided to the Route 1/Chippenham Parkway K-Mart area by extending existing Greater Richmond Transit Company (GRTC) service; and WHEREAS, GRTC has informed the County that they will provide the service, including paratransit service meeting Americans with Disabilities Act requirements, at no cost to the County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors grants GRTC the authority to extend transit service along Route 1 to the K-Mart area at Route 1 and 98-733 Chippenham Parkway as generally described as follows: south along Route 1 from DuPont to the K-Mart entrance on Route 1 at Chippenham Parkway to a proposed bus stop in the K-Mart parking lot, then north on Route 1 to Dupont. 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 at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, 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: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. !0 .C. EXECUTIVE SESSION PURSUANT TO SECTION 2,1-344(A) (7), CODE OF VIRGINIA, 1950, AS A~ENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING LEGAL ISSUES RELATING TO DAVID R, COSBY, ET AL. V, BOARD OF SUPERVISORS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board moved Item 10.C., Executive Session Pursuant to Section 2.1- 344(A) (7), Code of Virginia, 1950, As Amended, for Consultation with Legal Counsel Regarding Legal Issues Relating to David R. Cosby, et al. V. Board of Supervisors to follow Item 17., Remaining Mobile Home Permits and Zoning Requests. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 11. DINNER On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for a dinner meeting with members of the Chesterfield Historical Society. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. The Board of Supervisors met with members of the Chesterfield County Historical Society and reviewed the history of 98-734 10/14/98 Chesterfield County; Chesterfield County's 250th Anniversary events; cooperative programs and community events; cooperative programs through Parks and Recreation, the Historical Society, County Schools, Henricus, national and State Parks, and Universities and Colleges; special projects; marketing; community beautification; promotions; fundraising initiatives; renovation of the County museum; volunteers and volunteer hours; staffing needs; and fundraising efforts. It was generally agreed to adjourn to the regularly scheduled Board meeting. Reconvening: 12. INVOCATION Reverend Robert H. Armstrong, Rector of Saint John's Episcopal Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Michael Steen, special events coordinator for the County's 250th Anniversary Celebration, led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14,A. RECOGNIZING MR. RAYMOND E, HEVENER, SR, FOR HIS CONTRIBUTIONS, DEDICATION AND COM/~ITMENT TO THE YOUTH OF CHESTERFIELD COUNTY Mr. Tim Mick, Chairman of the Parks and Recreation Advisory Commission, accompanied by Mr. Golden, introduced Mr. Raymond Hevener, Sr., who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, participation in youth football has long been an integral part in the physical and emotional development of the youth of Chesterfield County; and WHEREAS, Mr. Raymond E. Hevener, Sr. has been a coach and member of the Chesterfield Quarterback League for forty years; and WHEREAS, the Chesterfield Quarterback League started with six franchises and has now grown to twenty-nine athletic associations; and 98-735 WHEREAS, Mr. Hevener has provided guidance and direction to the league and has been a mentor for the organization by instilling in thousands of youth the philosophy of commitment and the love of football; and WHEREAS, Mr. Hevener was instrumental in developing the philosophy of volunteer based athletic associations and worked with County officials in the development of park facilities in southern Chesterfield; and WHEREAS, the Chesterfield County School Board at the request of the Board of Supervisors and the citizens of Chesterfield County recognized Mr. Hevener's dedication and unselfish commitment by naming the Salem Church Middle School football field in his honor. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Raymond E. Hevener, Sr. for his outstanding commitment and dedication. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors, on behalf of the citizens of Chesterfield County, hereby expresses their appreciation, gratitude and continued success to Mr. Hevener and the Chesterfield Quarterback League organization. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey, accompanied by Ms. Beth Davis, Dale District School Board representative, presented the executed resolution to Mr. Hevener, accompanied by his wife, and expressed appreciation for his many years of dedicated service to the County's youth football program. She noted that on October 19, 1998 there will be an official lighting and naming of the football field at Salem Church Middle School the "Hevener Field." Mr. Hevener expressed appreciation to the Board for the recognition and also expressed appreciation to his parents and wife for their support over the years. 14 .B. RECOGNIZING MS. BONNIE STINSON FOR ~mR WORK FOR CANINE COMPANIONS FOR INDEPENDENCE Mr. Kappel introduced Ms. Bonnie Stinson, who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, of all the animals that inhabit the earth, perhaps no two different species have formed a closer bond than man and dogs; and 98-736 10/z4/98 WHEREAS, service dogs, hearing dogs, assisted service dogs and facility dogs assist their human friends in various ways each day and dramatically improve quality of life for those with visual, hearing, or other disabilities; and WHEREAS, those who train these dogs help to enrich the lives of the individuals who receive these canine companions; and WHEREAS, Ms. Bonnie Stinson, a Science teacher at Salem Church Middle School for more than twenty years, raises puppies as a volunteer for Canine Companions for Independence; and WHEREAS, Ms. Stinson teaches the dogs to obey up to sixty commands -- from walking beside a wheelchair to turning on lights; and WHEREAS, it is appropriate to recognize Ms. Stinson for the giving of her time and talents. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Bonnie Stinson and commends her for her volunteer work for Canine Companions for Independence. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Stinson and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey, accompanied by Ms. Beth Davis, presented the executed resolution to Ms. Stinson and expressed appreciation for her volunteer work for Canine Companions for Independence. Ms. Stinson, accompanied by one of her puppies, expressed appreciation to the Board for the recognition and also expressed appreciation to the Salem Middle School staff, administration and students for their support. 14.C. RECOGNIZING MAGISTRATE JOHN A. STOSCH UPON HIS Mr. Stegmaier introduced Magistrate John A. Stosch, who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the office of magistrate traces its development through centuries of English and American history; and 98-737 o/ 4/s8 WHEREAS, these judicial officers of the Commonwealth of Virginia perform the vital role of serving as a buffer between law enforcement and society; and WHEREAS, magistrates have the authority to issue arrest warrants and search warrants, to admit citizens to bail or to incarcerate accused persons, and to issue warrants and perform other important duties; and WHEREAS, these many services contribute to an orderly and law-abiding society; and WHEREAS, Magistrate John A. Stosch began his service with the Chesterfield County Sheriff's Department in 1970 and then was appointed a Magistrate of the 12th Judicial District on June 21, 1974; and WHEREAS, Magistrate Stosch served in this important capacity until October 1, 1998. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Magistrate John A. Stosch and extends to him all best wishes for a happy and rewarding retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Magistrate Stosch and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution to Mr. Stosch, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Mr. Stosch expressed appreciation to the Board for the recognition. 14 ,D. RECOGNIZING OCTOBER, 1998 AS "DOMESTIC VIOLENCE AWARENESS MONTH" On motion of the Board, the following resolution was adopted: WHEREAS, violence in the home continues as a major social problem affecting all members of the family and community; and WHEREAS, Chesterfield County is committed to supporting the well-being of families through services that will prevent violence; and WHEREAS, we understand the problems of domestic violence cross all economic, racial and societal barriers and are supported by societal indifference; and 98-738 lo/ 4/99 WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security, and humanity -- due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men and their children and our community as a whole; and WHEREAS, only a coordinated and integrated effort, which obtains a commitment from all elements of the community to share responsibility in the fight against domestic violence, will put an end to the horrendous crime. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the month of October, 1998 as "Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield Domestic Violence Resource Center, the Chesterfield Domestic Violence Task Force and Chesterfield domestic violence staff in working towards the elimination of domestic violence in our community. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution to Ms. Janet Forte, Domestic Violence Resource Center Coordinator, accompanied by Ms. Karen Althoff, Police Department Domestic Violence Coordinator; Dawn Thorpe from the Victim/Witness Program; and Connie St. John, the Shelter Coordinator for the Chesterfield YWCA Shelter, and expressed appreciation for their efforts towards eliminating domestic violence. Ms. Forte expressed appreciation to the Board for their support and presented a purple ribbon to each Board member which signifies commitment to ending domestic violence. 14 .E. RECOGNIZING MR. JEFFREY MCKEE, TROOP 806, UPON ATTAINING RANK OF EAGLE SCOUT On motion of the Board,. the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges mn 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 98-739 WHEREAS, Mr. Jeffrey McKee, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Jeffrey 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. Jeffrey McKee and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. McKee, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. McKee expressed appreciation to the recognition. Board for the 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 OPPOSITI0~ - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 There were no zoning cases to be heard on the consent agenda at this time. 16. PUBLIC HEARINGS 16,A. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF A SIXTEEN FOOT EASEMENT WITHIN BRANDERMILL TRADE CENTER Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate portions of a sixteen foot easement within Brandermill Trade Center. No one came forward to speak in favor of or against this ordinance. 98-740 On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to EAST BOUNDARY PARTNERSHIP, a Virginia general partnership, ("GRANTEE"), portions of a 16' easement within Brandermill Trade Center, CLOVER HILL 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 32, at Pages 22 and 23. WHEREAS, EAST BOUNDARY PARTNERSHIP, a Virginia general partnership, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of a 16' easement within Brandermill Trade Center, CLOVER HILL Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 32, Pages 22 and 23, by J. K. TIMMONS & ASSOCIATES, INC., dated JANUARY 24, 1978. The easement petitioned to be vacated is more fully described as follows: Portions of a 16' easement within Brandermill Trade Center, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated JULY 22, 1998, 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 easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 1!5.2-2272 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 98-741 portion of the plat vacated. This Ordinance shall vest fee simple title of the easement hereby vacated in the property owner within BRANDERMILL TRADE CENTER, 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 EAST BOUNDARY PARTNERSHIP, a Virginia general partnership, or its successors in title, as GRANTEE. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16.B. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE- ENACTING SECTION 9-2 TO INCREASE THE FEE FOR RETURNED CHECKS Mr. Micas stated that this time and date has been advertised for a public hearing to consider an ordinance relating to increasing the fee for returned checks. No one came forward to speak in favor of or against this ordinance. On motion of Mr. McHale, seconded by Mrs. Humphrey, 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 9-2 RELATING TO FEE FOR RETURNED CHECKS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-2 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-2. Fee imposed for returned checks. The treasurer shall collect a fee of $25.00 from anyone whose check for payment of any sum due to the county is returned for any reason, unless the person delivers to the treasurer cash or cash equivalent in the full amount of the returned check within five days after the check is returned. (2) That this ordinance shall become effective immediately. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-742 DRAFT 10/14/98 16 .C. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE- ENACTING SECTION 10-7 RELATING TO THE COUNTY ADMINISTRATOR'.S AUTHORITY TO APPOINT ASSISTANT FIRE MARSHALS Mr. Micas stated that this time and date has been advertised for a public hearing to consider an ordinance relating to the County Administrator's authority to appoint assistant fire marshals. No one came forward to speak in favor of or against this ordinance. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 10-7 RELATING TO APPOINTMENT OF ASSISTANT FIRE MARSHALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 10-7 of the Code of the County of Chesterfield, 1997, as amended, is amended and reenacted to read as follows: Sec. 10-7. Authority of fire marshal and assistant fire marshals. The county fire marshal and his assistants, who shall be appointed by the County Administrator pursuant to Code of Virginia, § 27-36, shall have the authority to arrest, to procure and serve warrants and to issue summonses in the manner authorized by general law for violations of this chapter and of all fire safety, fire prevention and related ordinances, as permitted by Code of Virginia, § 27-34.2. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16 .D. TO CONSIDER AMENDMENTS TO THE FIXED BASE OPERATOR SERVICES AND LEASE AGReeMENT WITH DOMINION AVIATION SERVICES, INCORPORATED TO EXTEND THE POTENTIAL TERM OF T~R AGREEMRNT TO DECEMBER 31, 2028 Mr. Calabro stated that this time and date has been advertised for a public hearing to consider amendments to the Fixed Base Operator (FBO) Services and Lease Agreement with Dominion Aviation Services, Incorporated. 98-743 DRAFT 10/14/98 No one came forward to speak in favor of or against this issue. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board approved amendments to the Fixed Base Operator !FBO) Services and Lease Agreement with Dominion Aviation Services, Incorporated to extend the potential term of the agreement to December 31, 2028 to coincide with the thirty year ground lease for the new hangar. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16 .E. TO CONSIDER AMENDMENT TO A LAND LEASE WITH DOMINION AVIATION SERVICES, INCORPORATED TO PERMIT THE CONSTRUCTION OF A CORPORATE HANGAR, TO EXTEND THE TERM OF THE LEASE TO DECEMBER 31, 2028, TO GRANT A FIRST RIGHT OF REFUSAL TO PURCHASE THE HANGAR, AND TO DEFER RENT UNTIL JANUARY 1, 1999 Mr. Calabro stated that this date and time has been advertised for a public hearing to consider amendments to a land lease with Dominion Aviation Services, Incorporated. There was a brief discussion regarding the enhancement of the industrial park. No one came forward to speak in favor of or against this issue. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved amendments to a land lease with Dominion Aviation Services, Incorporated to permit the construction of a corporate hangar, to extend the term of the lease to December 31, 2028, to grant a first right of refusal to purchase the hangar, and to defer rent until January 1, 1999, whichever occurs first. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no remaining zoning cases to be heard at this time. 10 .C. EXECUTIVE SESSION PURSUANT TO SECTION 2,1-344(A) (7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING LEGAL ISSUES RELATING TO DAVID R. COSBY, ET AL, V. BOARD OF SUPERVISQRS On motion of Mr. Barber, seconded by Mr. McHale, the Board went into an Executive Session Pursuant to Section 2.1-344(A) (7), Code of Virginia, 1950, as Amended, for Consultation with Legal 98-744 DRAFT 10/14/98 Counsel Regarding Legal Issues Relating to David R. Cosby, et al. v. Board of Supervisors. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Executive Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, I) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Daniel: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mrs. Humphrey: Aye. 18'. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 8:40 p.m. until October 28, 1998 at 4:00 p.m. Ayes: Hump'hrey, Warren, Barber, Daniel, and McHale. Nays: None. A~ 'mz~ i~s t r~or Cha i rman 98-745 DRAFT 10/14/98