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10-28-1998 Minutes
BOARD OF SUPERVISORS MINUTES October 28, 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 Dr. William Bosher, Jr. Supt., School Board Mr. Craig Bryant, Dir., Utilities Ms. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Legislative Services Mr. William W. Davenport, Commonwealth's Attorney Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Russell Harris, County Ombudsman Ms. Tammy D. Haskins, Clerk to the Board Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappe!r Dir., Public Affairs Dr. Burt Lowe, Dir., Mental Health/Retard. Ms. Mary Lou Lyle, Dir., Accounting Ms. Mary Martin, Asst. Dir., Human Resource Mgmt. Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Francis Pitaro, Dir., General Services Ms. Sarah Snead Dir., Social Services Mr. James J. L. Stegmaier, Deputy Co. Admin., .Management Services 98-746 0/28/98 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 4:05 p.m. 1. APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of October 14, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Ms. Maddie Stewart, District Director of the Muscular Dystrophy Society, who was present to present a plaque to the Fire Department for their participation in the "Fill the Boot" Drive. Ms. Stewart presented the plaque to Chief Elswick and expressed appreciation for the firefighters' efforts in the "Fill the Boot" Drive. She noted that the firefighters raised $1.7,500, the highest total in Cental Virginia. Lieutenant Peter Svoboda expressed appreciation to the Fire Department staff for their support and stated that the "Fill the Boot" Drive was a combined effort of both the Professional Firefighters Association and volunteer firefighters. Mr. Ramsey noted that the County recently exceeded its United Way goal of $140,000. Mrs. Humphrey expressed appreciation to Chief Elswick for the Fire Department's support of volunteer activities and to Ms. Stewart, on behalf of all the children, who have benefited from the efforts of the Muscular Dystrophy Society towards the treatment of disabling diseases. Ms. Snead presented an overview of the automation crisis regarding the Unysis mainframe. She stated that on direction from the State use of Unysis is reduced to fifteen percent meaning that only fifteen out of one hundred and fifty staff members can access the Unysis mainframe at the same time. She further stated that the Unysis mainframe directly impacts the staff and customers of the Social Services Department including the ADAPT Program; processing and delivery of food stamp benefits; 10/28/98 98-747 Welfare reform data; personnel transactions; vendor payments; and fiscal transactions. She noted that a new Unysis mainframe has been ordered and should be installed in December, 1.998, a~ the eazliest, and that the Department is responding to the crisis by implementing a flex schedule and prioritizing tasks. She commended staff for their response to the automation crisis and stated that Chesterfield was the first agency of its size to complete the conversion of ADAPT. There was brief discussion regarding fiscal impact that might occur because of tile lack of capacity and federal penalties and sanctions for cases not being timely processed. Ms. Snead stated %hat all Social Services Depaz'tments have joined together under the Virginia League of Social Services Executives (VLSSE3 to write a letter to the Commission of the State Department of Social Services to ensure that penalties will not be incurred. Mrs. Humphrey requested that Senator Stephen Martin be advised of the problems incurred by Social Services relating' to the lack of c~pacity and its fiscal impact. Mr. McHa!e suggested that the Social Services Department notify Judge Robert Merhige regarding these issues to ensure that sanctions not be imposed. He expressed concerns relative to the implementation of the new computer system. 3. BOARD COMMITT~E ~EPORTS Mr. Daniel expressed appreciation to ~he Meadowbrook Civic Association Ceuncil and te County staff for the success ef the Fall Festival. Mr. Barber stated that Midlothian Village Day was a success and that the second phase, of construction of the Midlothian YMCA will begin this Fall. He further stored that he attended the Maymont Dinner and noted that plans for a new nature and education center are underway. He stated that he attended the Gateway Business Association's organizational meeting on October 22, 1998 and that he met with the James River West Civic Association regarding transportation issues. He noted that his next constituent's meeting will be held November 2, 1998 regarding the Christmas Mother Program.and County related growth issues. Mr. Warren stated that he attended the City of Petersburg's 250th Anniversary Celebrauion on October 24, 1998 and that it was a tremendous success. He further stated that he was the guest speaker at Gateway Business Association's annual meeting and at the Brandermil! Newcomers Reception on October 22, 1998. He noted that he will .be participating in a panel discussion dealing with transpornation issues at the regional 98-748 1.0/28/98 Transportation Summit on October 29, 1998. Mr. McHale stated that he attended the opening of the new Bensley-Bermuda Rescue Squad facility and expressed appreciation to DuPont for making the land available to the rescue squad and to its volunteers for their commitment. He noted that the Bensley-Bermuda volunteers donated 71,000 hours last year. Mrs. Humphrey stated that the Historical Society will hold a fashion show on October 30, 1998 to raise funds for the County's 250th Anniversary Celebration and that she along with other County officials would be participating. She noted that the enhancement of the County's telecommunications system must include towers which are necessary for the Fire and Police Departments and encouraged citizen support of these towers. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Daniel, the Board replaced Item 5., Resolution Recognizing Senior Captain Douglas Malaspino, Fire Department~ Upon His Retirement and, adopted the Agenda, as amended. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 0 RECOGNIZING SENIOR CAPTAIN DOUGLAS MALASPINO, FIRE DEPARTMENT, UPON HIS RETIREMENT Chief Elswick introduced Senior Captain Douglas Malaspino who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Senior Captain Douglas Malaspino will retire from the Chesterfield County Fire Department on December 1, 1998; and WHEREAS, Senior Captain Malaspino attended Recruit School #4 in 1974 and has faithfully served the County for nearly twenty-five years in various assignments -- as Firefighter at the Bon Air and Manchester Fire Departments; as Fire Sergeant at the Midlothian and Chester Fire Departments; as Fire Lieutenant at the Training and Safety Division; Captain, serving as an Administrative Officer, for Emergency Operations; and as a Senior Captain at the Training and Safety Division; and WHEREAS, Senior Captain Malaspino received the Firefighter of the Year Award in 1978; and 98-749 10/28/98 WHEREAS, Senior Captain Malaspino assisted in developing and initiating the Hazardous Incident Materials Team for the Chesterfield Fire Department in 1982, to provide the citizens with fast, efficient response to calls for chemical spills, biomedical wastes, or radioactive incidents; and WHEREAS, Senior Captain Malaspino developed the Volunteer Recruit School Program to provide consistent, high quality training in a format that combines State requirements with Chesterfield Fire Department requirements; and WHEREAS, Senior Captain Malaspir~o has coordinated the Self Contained Breathing Apparatus (SCBA) Evaluation Study; the project with the State Chiefs Association to acquire Sprinkler Trailers; and career recruit schools; and WHEREAS, Senior Captain Malaspino has served as a State Instructor Trainer on numerous subjects for twenty years and has received a resolution from the Virginia Fire Services Board for recognition of nine years of service dealing with human relations; and WHEREAS, Senior Captain Malaspino has served as an Instructor and Course Developer for the National Fire Academy on various fire service courses. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the contributions of Senior Captain Douglas Malaspino, expresses the appreciation of ail residents for his service to the County, and extends their appreciation for his dedicated service and their congratulations upon his retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Senior Capnain Malaspino 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 5he executed resolution to Senior Captain Malaspino, accompanied by members of his family, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Firefighter Chris Malaspino presented his father with a shadowbox containing his badges. Senior Captain Malaspino expressed appreciasion to the Board for the recognition and to members of the Fire Department for their support. 98-750 6. WORK SESSIONS 0 1999 LEGISLATIVE PROGRAM Ms. Curtin presented an overview of the Proposed 1999 Legislative Program including legislative requests, tax exemption requests, support and oppose requests, and the calendar for the 1999 Legislative Program. She stated that the County's Legislative Program is being tied to the County's seven strategic goals and noted that the legislative requests are categorized by which strategic goal the request is related to. She then stated that the legislative requests include allowing the Board of Supervisors to delegate authority to issue summons for violation of the unlicensed and inoperative vehicle code to County staff as appropriate under the goal of being the safest and most secure community of its size in the USA; and allowing localities to accept surety bonds, cash bonds, or letters of credit in the amount of $50,000 in lieu of liability insurance for control of dangerous or vicious dogs under the goal of being the model for excellence in government. She then reviewed tax exemption requests for the Richmond Animal League and Chesterfield Alternatives and support and oppose items including supporting increases in House Bill 599 allocations for localities with Police Departments; supporting the legislative requests of the Coalition of High Growth Localities; supporting legislation increasing the $2 for Life Program to $4 for Life; supporting the passage of Volunteer Fire and Rescue Retirement legislation; supporting full funding of existing Compensation Board staffing standards for Clerks of Circuit Court Offices; supporting legislation to provide immunity to local governments, employees, and appointees for Y2K issues; supporting fifty percent funding for Juvenile Detention Homes; opposing any efforts to limit local government exemptions under the Freedom of Information Act; and opposing any legislation to impose a per ton waste fee on local governments. She then reviewed the calendar for the 1999 Legislative Program and introduced the County's legislative team. Mr. Daniel stated that he would also like to present to the legislators a summary of the cost to implement Governor Gilmore's car tax. Mr. Barber expressed appreciation to Mr. Carmichael and Mr. Cordle for ,their foresight in implementing the car tax relief program. There was brief, discussion relative to growth related issues. Mr. Barber requested that staff send a copy of the portion of the Citizen Satisfaction Survey relating to growth related issues to the General Assembly before the dinner session with the Board. Mrs. Humphrey requested a list of the top ten conservation issues that may affect the County that the General Assembly will be dealing with in the upcoming session. 10/28/98 98-751 Mr. Warren commended the legislative team for their outstanding efforts. 7. DEFERRED ITEMS 7.A. UNIFIED PAY PLAN Mr. Ramsey reviewed the Unified Pay Plan proposal summary including proposals and alternatives and their total costs. He stated that the implementation of either of the two proposals would be a major financial challenge for the County. He further reviewed the County Administrator's Recommendations including approving a two year plan to address salary compression -- 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 the new range structure and job classification system, effective FY 2000 (July, 1999); and basing future merit increases on employee's actual salaries rather than midpoint to avoid compression, effective FY2000 (July, 1999). He stated that he is also recommending that the Board approve the concept of the Unified Pay Plan with the School System, thereby making the job analysis identical with the School System and the County. Mr. McHale stated that the Budget and Audit Committee is in agreement with the Board and County Administrator Recommendation of the $100 per year increase in April, 1999 and $50 per year increase in April, 2000. Mr. Daniel stated that he concurred with Mr. McHale's comments and that approving the Unified Pay Plan is the first step in addressing salary compression. Mr. Warren stated that he concurs with Mr. Daniel's comments and that because this is a two-year plan he would like to see the plan revisited later with the possibility of adding an additional increase in the third year. Mr. Ramsey recognized Dr. Bosher and noted that the School Board adopted the concept of the Unified Pay Plan on October 27, 1998. Mrs. Humphrey stated that she also feels this is a first step and that salaries need to be evaluated on a regular basis in the future. Mr. Daniel made a motion for the Board to approve the recommendation of the Budget and Audit Committee for a two year plan to address salary compression - April, 1999 increasing salaries by $100 for every year of County service, and April, 2000 increasing salaries by $50 for every year of County service; implement the new range structure and job classification system, effective July, 1999; approve the concept of the Unified Pay Plan with the School System and the 98-752 10/28/98 County and base future merit increases on employee's actual salaries rather than midpoint to avoid compression, effective July, 1999. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 7.B. FY98 RESULTS OF OPERATIONS Mr. Stegmaier reviewed the County's preliminary unaudited financial results of operations for FY98. There was brief discussion relative to the collection of delinquent personal property taxes. Mr. Stegmaier stated that there was a net addition of $4.8 million to the fund balance. He then reviewed uses of unspent School and County appropriations. Mr. Ramsey commended School and County staff for their quality effort towards fiscal management. Mr. Daniel stated that the financial strength of the County is due to total quality management and goal oriented employees and programs. On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of November 12, 1998 for a public hearing to consider the appropriation of $700,000 and the authority to transfer up to $400,000 from the Employee Benefits Appropriation to address the Unified Pay Plan in FY99; designated $1.886 million for use in future years to address the County United Pay Plan; designated the net School FY98 expenditure savings of $2.093 illion for school use; and reappropriated $141,300 for use by the Fire Department in FY99. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8. NEW BUSINESS 8.A. AUTHORIZATION FOR THE COMMONWEALTH'S ATTORNEY TO INCREASE EXPENDITURE FUNDING IN THE FY99 BUDGET Mr. Davenport expressed concerns relative to budget matters in the Commonwealth's Attorney's Office and referenced a letter from the County Administrator regarding this issue. He stated that at the time of his election in 1988, the Commonwealth's Attorney's Office was greatly understaffed and that State statistics still show~ the County Commonwealth's Attorney's Office as being five attorneys behind. He noted that less than forty percent of his budget is received from the County and that more than sixty percent is received from the Compensation Board and through grants. He stated that over 1,500 cases are prosecuted each week by his office and noted that three 10/28/98 98-753 positions in the Commonwealth's Attorney's Office are grant funded. He further stated that the Commonwealth's Attorney's Office is the largest law firm in the County and briefly reviewed the Office's duties and responsibilities. He stated that a software package relating 5o case management was obtained at no charge from another jurisdiction and that grants were secured for computers and printers for the Commonwealth's Attorney's Office. He acknowledged the need for a vertical prosecution software package necessary for efficiency and stated that this has been on the drawing board since 1988. He noted that monies earmarked for the Commonwealth's Attorney's Office are being placed in the General Fund. He stated that a full-time budget person became necessary in the Commonwealth's Attorney's Office to handle its large budget. He noted that in anticipation of moving into the space in the Courts Building vacated by Probation and Parole, a line item was included in his budget beginning in 1991 for reconstruction and furnishing of the space, but was informed that the funds for the reconstruction would come from the General Services Department. He stated that because of the 1996-1997 storm cleanup in the County, General Services no longer had the anticipated funds when needed. He noted that the County's Commonwealth's Attorney's Office is one of the best in the State and requested that he be allowed to bring the Commonwealth's Attorney's budget before the Board, instead of going through the Budget Department's process. He stated that the Commonwealth's Attorney's Office has many expansion issues and requested that the Board consider increasing expenditure funding for the Commonwealth's Attorney's FY99 Budget. There was brief discussion relative to the number of attorneys and cases in Henrico County. Mr. Davenport stated that, according to the Compensation Board, the Commonwealth's Attorney's office is five attorneys behind and that five capital murder cases have been tried in the County in 1998. He stated that because of the number of capital murder cases, the figure, representing the number of attorneys behind, will most likely be increased by the Compensation Board. Mr. Daniel expressed appreciation to Mr. Davenport for advising the Board regarding funding issues and stated that documentation needs to be sent to the General Assembly Delegates regarding these issues. He requested additional time to review information before making a decision regarding the Commonwealth's Attorney's budget request. He stated that he would be reluctant to deviate from the current County budgeting policy although he would like to see more coordination relating to the budget process. He requested that the County Administrator oversee the budgeting process to ensure that every department receives equal budget support. There was brief discussion relative to State funding availability for the Commonwealth's Attorney's Office and information being distributed to the County's legislators. 98-754 lO/28/98 Mrs. Humphrey stated that she recognizes concerns regarding the budgeting process of the Commonwealth's Attorney's Office. There was brief discussion relative to the budgeting process of the constitutional offices. Mr. Ramsey stated that according to the County Charter, a budget is to be submitted by the County Administrator to the Board of Supervisors which encompasses every aspect of County Government including School System, constitutional officers and all County departments. There was brief discussion relative to the request from Mr. Davenport to the Board and the response from the County Administrator and to the percentage of increase in the local support of the Commonwealth's Attorney's budget. Mr. Ramsey stated that he would like to meet with Mr. Davenport regarding a plan to address the current budget overexpenditures and bring a recommendation back to the Board. Mr. Barber expressed concerns relative to overexpenditures and noted the increase of County support of the Commonwealth's Attorney's budget from twenty to thirty-three percent. He stated that he feels all departments are treated fairly through the budgeting process and tile Budget and Audit Committee should be able to address the Commonwealth's Attorney's budgeting concerns. 8 · B. APPOINTMENTS 8.B.1, COMMITTEE ON THE FUTURE On motion of Mr. Daniel, seconded by Mr. McHale, the Board deferred consideration of a me~nber, representing the Dale District, to serve on the Committee on the Future until November 24, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. On motion of Mr. McHale, seconded by Mr. Daniel, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Community Services Board Structure Study Task Force and the Drug and Alcohol Abuse Task Force. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-755 0/28/98 8.B.2. COM/~ITY SERVICES BOARD STRUCTURE STUDY TASK FORCE On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board simultaneously nominated/appointed Mrs. Renny Humphrey and Mr. Edward Barber, representing the Board of Supervisors; Dr. Carolyn S. Cockrell and Mr. Thomas ~Mac" Deadmore, representing the Community Services Board; and Ms. Rebecca Dickson, Budget Director, to serve on the Community Services Board Structure Study Task Force, whose terms are effective immediately and are at the pleasure of the Board. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,B.3. DRUG AND ALCOHOL ABUSE TASK FORCE On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Ms. Lucille Lanier, representing the Matoaca District, to serve on the Drug and Alcohol Abuse Task Force, whose term is effective immediately and is at the pleasure of the Board. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Warren, seconded by Mr. McHale, the Board approved the following streetlight installation cost approvals: Clover Hill District * Wiltee Lane, vicinity of 2317 Cost to install light: $42.58 Matoaca District * Moseley Road, vicinity of 6100 Cost to install light: $1,196.26 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8oD. 8.D.2. 8,D.2 .a. CONSENT ITEMS AUTHORIZATION FQR POLICE DEPARTMR~T TO APPLY FOR FEDERAL GRA/qTS FOR CONTINUATION OF THE SCHOOL RESOURCE OFFICER PROGRAM AT L,C. BIRD HIGH SCHOOL On motion of Mr. Barber, seconded by Mr. McHaie, the Board authorized the Police Department to apply for a Department of zo/ 8/98 98-756 Criminal Justice Services Grant, in the amount of $35,300, for continuation of the School Resource Officer Program at L. C. Bird High School and to appropriate the necessary funds when approved. (It is noted that the local cash match of $8,825 will be provided by the FY98-99 Police operating budget.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.2 .b. TO FUI~D A CRIME ANALYST POSITION AND RELATED EOUIPMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the Police Department to apply for a Federal COPS School Based Partnerships Grant, in the estimated amount of $60,201, to provide funding for one crime analyst position and computer equipment and to appropriate the necessary funds when approved. (It is noted that no County match is required for this Grant.) Ayes: Humphrey, Warren, Barber, Daniels, and McHale. Nays: None. 8.D.3. AUTHORIZATION FOR THE SHERIFF'S DEPARTMENT TO APPLY FOR A CRIMINAL HISTORY IMPROVEMENT GRANT FOR THE PURCHASE AND OPERATION OF A VIDEO ARRAIGNMENT SYSTEM On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the Sheriff's Oiffice to apply for a Department of Criminal Justice Services Grant, in the amount of 333,166, to provide video arraignment capabilities and to appropriate the necessary funds when approved; and transferred $74,977 from the Reserve for Capital Projects for the required County match. Ayes: Humphrey, Warren, Barber, Daniels, and McHale. Nays: None. 8.D 4. APPROVAL OF FY99 SCHOOL BOARD GRANT REVISIONS On motion of Mr. Barber, seconded by Mr. McHale, the Board increased the School Grants Fund Instruction appropriation category in the amount of $132,030 and increased the School Grants Fund Administration/Attendance and Health appropriation category in the amount of $2,000. Ayes: Humphrey, Warren, Barber, Daniels, and McHale. Nays: None. 8.D.5. APPROVAL OF FY99 NEW SCHOOL BOARD GRANTS On motion of Mr. Barber, seconded by Mr. McHale, the Board increased the Instruction appropriation category in the School 98-757 o/28/9s Grants Fund in the amount of $120,545. Ayes: Humphrey, Warren, Barber, Daniels, and McHale. Nays: None. 8.D.6. APPROVAL OF UTILITY CONTRACT FOR BUCKINGHAM WOOD On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the following Utility Contract, for Buckingham Wood - Contract Number 98-0117, which includes an offsite extension of 290 L.F. ± of eight inch water line: Developer: Tascon-Buckingham Wood, L.P. Contractor: InfraCorps of Virginia, Inc. Contract Amount: Estimated Total - Total Estimated County Cost: Water (Offsite) (Refund thru connections) Estimated Developer Cost Code: (Offsite) District: Midlothian $78,316.56 5,400.00 $72,916.56 5B-572VO-E4D Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,D,7. APPROVAL OF CHANGE ORDER NUMBER ONE FOR A DECREASE IN FUNDS FOR THE FALLING CREEK WASTEWATER TREATMENT PLANT UPGRADE On motion of Mr. Barber, seconded by Mr. McHale~ the Board approved Change Order Number One (Final) for a decrease in the amount of $17,744.65 for County Project #94-0201, Falling Creek Wastewater Treatment Plant-Upgrade and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D,8. ACCEPTANCES OF PARCELS OF LAND 8.D.8.a. ALONG OLD BUCKINGHAM ROAD FROM TASCON-BUCKING~AM WOOD, L,P. On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of two parcels of land containing 0.273 acres along Old Buckingham Road from Tascon-Buckingham Wood, L.P. 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. 98-758 10/28/98 8.D.8.b. ALONG WEST HUNDRED ROAD FROM CLIFTON C MCDANIEL AND DONNA GAIL MCDANIEL On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 0.011 acres along West Hundred Road from Clifton C. McDaniel and Donna Gail McDaniel 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.8.c. LYING NORTH OF WEST HUNDRED ROAD FROM CHESTER DEVELOPMENT ASSOCIATES, L.C. On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of six parcels of land containing 2.245 acres lying north of West Hundred Road (State Route 10) from Chester Development Associates, L.C., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,D.8.d. ALONG THE WEST RIGHT OF WAY LINE OF RIVER'S BEND BOULEVARD FROM RIVER'S BEND DEVELOPMENT COMPANY, L.P. On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 2.77 acres along the west right of way line of River's Bend Boulevard (State Route 484:0) from River's Bend Development, L.P. 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.9, REQUESTS FOR PERMISSION 8.D.9.a. TIMOTHY W. KNAPP, SR. AND DONNA M. KNAPP FOR A FENCE TO ENCROACH WITHIN A SIXTEEN FOOT DRAINAGE AND UTILITY EASEMENT ACROSS LOT 3, BLOCK B, BURY SUBDIVISION On motion of Mr. Barber, seconded by Mr. McHale, the Board approved a request from Timothy W. Knapp, Sr. and Donna M. Knapp to have a fence encroach within a sixteen foot drainage and utility easement across Lot 3, Block B, Bury Subdivision, subject to the execution of a license agreement. (It is noted o/28/98 98-759 a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.9 .b. VILLAGE ASSOCIATES TO F~AVE A PORTION OF A PROPOSED SIDEWALK AND THREE LIGHT POLES ENCROACH WITHIN A SIXTEEN FOOT WATER EASEMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board approved a request from Village Associates for a portion of a proposed sidewalk and three light poles to encroach within a sixteen foot water 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.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 roads in Point of Rocks Estates, Section 2, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Point of Rocks Estates, Section 2, Bermuda District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration 'whereof, and on motion of Mr. Barber, seconded by Mr. McHale, it is resolved that the roads in Point of Rocks Estates, Section 2, Bermuda 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: Santell Drive Length: 0.08 mile From: Existing Sante!l Drive, State Route 4381, at intersection with Bermuda Avenue, State Route 2410 To: Cul-de-sac, 0.08 mile northeast of Bermuda Avenue, State Route 2410 Guaranteed Right-of-Way Width: 50 feet. 10/28/98 98-760 Name of Street: Traywick Drive Length: 0.08 mile From: Existing Traywick Drive, State Route 4379, at intersection with Bermuda Avenue, State Route 2410 To: Cul-de-sac, 0.08 mile north of Bermuda Avenue, State Route 2410 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Bermuda Point Court Length: 0.20 mile From: Bermuda Avenue, State Route 2410, at intersection with Bermuda Court, State Route 4378 To: Cul-de-sac, 0.20 mile northwest of Bermuda Avenue, State Route 2410 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Cameron Avenue Length: 0.09 mile From: Cul-de-sac, 0.09 mile southwest of Central Avenue, State Route 823 To: Existing Cameron Avenue, State Route 2417, 0.03 mile west of Central Avenue, State Route 823 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 66 lots. This section of Point of Rocks Estates is recorded as follows: Section 2, Plat Book 79, Page 68, November 19, 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 roads in Rockhaven, Section 2, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Rockhaven, Section 2, Bermuda District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Barber, seconded by Mr. McHale, it is resolved that the roads in Rockhaven, Section 2, Bermuda District, be and they hereby are established as public roads. lo/28/98 98-761 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: Rockhaven Drive Length: 0.12 mile From: Rockbasket Lane, 0.07 mile east of Rockbasket Terrace To: Existing Rockhaven Drive, State Route 4867, 0.07 mile south of Greyledge Boulevard, State Route 4884 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Rockbasket Lane Length: 0.46 mile From: Cul-de-sac, 0.22 mile west of Rockhaven Drive To: Cul-de-sac, 0.24 mile east of Rockhaven Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Rockbasket Terrace Length: 0.05 mile From: Rockbasket Lane, 0.07 mile west of Rockhaven Drive To: Cul-de-sac, 0.05 mile north of Rockbasket Lane Guaranteed Right-of-Way Width: 50 feet. Name of Street: Rockbasket Place Length: 0.05 mile From: Rockbasket Lane, 0.06 mile west of Rockbasket Terrace To: Cul-de-sac, 0.05 mile north of Rockbasket Lane Guaranteed Right-of-Way Width: 50 feet. Name of Street: Rockbasket Court Length: 0.05 mile From: Rockbasket Lane, 0.13 mile west of Rockhaven Drive To: Cul-de-sac, 0.05 mile north of Rockbasket Lane Guaranteed Right-of-Way Width: 50 feet. Name of Street: Rockbasket Turn Length: 0.05 mile From: Rockbasket Lane, 0.13 mile east of Rockhaven Drive To: Cul-de-sac, 0.05 mile north of Rockbasket Lane Guaranteed Right-of-Way Width: 50 feet. Name of Street: Bonjour Lane Length: 0.25 mile From: Rockbasket Lane, 0.20 mile east of Rockhaven Drive To: Greyledge Boulevard, 0.10 mile southwest of Bermuda Orchard Lane, State Route 828 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 77 lots. This section of Rockhaven is recorded as follows: Section 2, Plat Book 91, Page 16, June 28, 1996. 98-762 10/28/98 A portion of Bonjour Lane is recorded as follows: Deed Book 1450, Pages 465, 466, 467, and 468, January 29, 1980. 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 Windsor Park, 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 Windsor Park, Section 2, Matoaca District, meet the requirements established by the S~lbdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Barber, seconded by Mr. McHale, it is resolved that the roads in Windsor Park, 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: Chiasso Way Length: 0.44 mile From: River Road, State Route 602, 0.23 mile west of Walkes Quarter Road, State Route 658 To: End of road, 0.44 mile north of River Road, State Route 602 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Chiasso Terrace Length: 0.11 mile From: Chiasso Way, 0.13 mile north of River Road, State Route 602 To: Cul-de-sac, 0.11 mile east of Chiasso Way Guaranteed Right-of-Way Width: 50 feet. Name of Street: Princess Mary Road ~ength: 0.16 mile From: End of road, 0.25 mile west of Prince Philip Lane, State Route 4356 To: Existing Princess Mary Road, 0.09 mile west of Prince Philip Lane, State Route 4356 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight 10/28/98 98-763 distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 31 lots. This section of Windsor Park is recorded as follows: Section 2, Plat Book 87, Pages 81, 82, and 83, April 24, 1995. 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 Robious Forest, Section B, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Robious Forest, Section B, Midlothian 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. Barber, seconded by Mr. McHale, it is resolved that the road in Robious Forest, Section B, Midlothian 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: Robious Forest Way Length: 0.17 mile From: Existing Robious Forest Way, State Route 4193, 0.30 mile southwest of Robious Road, State Route 711 To: Cul-de-sac, 0.47 mile southwest of Robious Road, State Route 711 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 14 lots. 98-764 10/28/98 This section of Robious Forest is recorded as follows: Section B, Plat Book 87, Page 18, February 15, 1995. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D,11. AWARD OF CONTRACT TO TIMMONS FOR STONEHENGE, PHASE III PROJECT AND APPROPRIATION OF FUNDS On motion of Mr. Barber, seconded by Mr. McHale, the Board awarded a contract to Timmons, in an amount not to exceed $9,000, for design revisions of Stonehenge, Phase III, drainage plans; authorized the County Administrator to execute the necessary documents; and appropriated $10,000 from the 60/147 drainage district account. (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.12. TRANSFER OF THREE CENT ROAD FUNDS 8.D.12.a. MATOACA DISTRICT TO PURCHASE SIDELINE BENCHES FOR THE FOOTBALL/SOCCER FIELD AT MATOACA HIGH SCHOOL On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $1,700 from the Matoaca District Three Cent Road Fund to the School Board for the purchase of sideline benches for the football/soccer field at Matoaca High School. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.12.b. BERMUDA DISTRICT FOR RENTAL OF A CANOPY AT BENSLEY PARK On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $300 from the Bermuda District Three Cent Road Fund to the Parks and Recreation Department for the rental of a canopy tent for use at the Veterans Day Ceremony at Bensley Park. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.13. TRANSFER OF MIDLOTHIAN DISTRICT STREETLIGHT FUNDS FOR CROSSOVER CONSTRUCTION ON THE WOOLRIDGE ROAD EXTENSION PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $8,000 from the Midlothian District Streetlight 0/28/98 98-765 Fund to the Woolridge Road Extension Project to cover half of the construction costs of a crossover on Woolridge Road Extended to serve the proposed Grove Park. (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. 8,D,1. ADOPTION OF RE~0LUTION SUPPORTING BRINGING THE NATIONAL ASSOCIATION OF COUNTIES (NACO) CONFERENCE TO RICHMOND IN TKE YEAR 2007 Mr. Daniel stated that he feels the resolution supporting the National Association of Counties Conference coming to Richmond should emphasize that the Board, as a member in good standing, endorses its support and that he would like to see other area counties endorse their support. Mr. Daniel then made a motion, seconded by Mr. Barber, for the Board to adopt the following resolution: WHEREAS, Chesterfield County is a member in good standing of the National Association of Counties (NACo) ; and WHEREAS, the Metro Richmond Convention and Visitors Bureau (MRCVB) is urging that the NACo annual conference in 2007 be held in Richmond; and WHEREAS, the estimated attendance at this conference would be 5,000 persons with an estimated economic impact to the region of nearly $7,500,000; and WHEREAS, bringing the NACo conference to Richmond in 2007 will coincide with the 400th Anniversary of the founding of Jamestown; and WHEREAS, this Board is desirous of urging NACo to bring its 2007 conference to Richmond. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors urges and supports the concept of NACo's annual conference being held in Richmond, Virginia. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to NACo 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. 9. ~EARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 98-766 0/28/98 10. REPORTS On motion of Mr. McHale, seconded by Mr. Warren, 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. And, further, the Board accepted the following roads into the State Secondary System: ABANDONMENT LENGTH ANTLER RIDGE, SECTION 8 - (Effective 9/24/98) Flag Tail Drive (Route 4904) - From Route 4901 to 0.02 Mile South Route 4900 O.O8 Mi Whirlaway Drive (Route 4901) - From 0.33 Mile Northeast Route 4990 to 0.05 Mile South Route 4904 0.24 Mi Whirlaway Mews (Route 4974) - From 0.05 Mile South Route 4901 to Route 4901 0.05 Mi DEER RUN, SECTION 11 - (Effective 9/28/98) Seattle Slew Lane (Route 4972) - From 0.05 Mile Northeast Route 4971 to Route 4901 0.13 Mi Seattle Slew Terrace (Route 4973) - From Route 4972 to 0.07 Mile Southeast Route 4972 0.07 Mi Secretariat Drive (Route 4922) - From Route 4901 to 0.03 Mile West Route 5035 0.13 Mi Sunny's Halo Court (Route 4975) - From Route 4922 to 0.06 Mile North Route 4922 0.06 Mi Whirlaway Drive (Route 4901) - From 0.12 Mile Northeast Route 4990 to 0.33 Mile Northeast Route 4990 0.21 Mi FAWN CREEK, SECTION 2 (Effective 9/25/98) Brocket Drive (Route 5150) - From 70.29 Mile South Route 662 to 0.14 Mile South Route 662 0.15 Mi Faline Court (Route 5154) - From 0.03 Mile West Route 5150 to Route 5150 0.03 Mi Salten Court (Route 5153) - From 0.04 Mile West Route 5150 to Route 5150 0. O4 Mi 98-767 10/28/98 OAK HILL (Effective 9/18/98) Grey Oak Drive (Route 3705) - From 0.37 Mile Southwest Route 678 to Route 678 Oakford Court (Route 3706) - From 0.04 Mile West Route 3705 to Route 3705 PYPERS POINTE, SECTION 1 (Effective 9/25/98) Corte Castle Road (Route 4757) - From 0.25 Mile Southwest Route 4756 to 0.07 Mile East Route 4756 Pypers Pointe Drive (Route 4756) - From 0.46 Mile South Route 602 to Route 602 0.37 Mi 0.04 Mi 0.32 Mi 0.46 Mi ROXSHIRE, SECTION 13 (Effective 9/17/98) Corner Rock Road (Route 728) - From 0.25 Mile South Route 3139 to 0.13 Mile South Route 3139 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 0.12 Mi 11. DINNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Reconvening: 12. INVOCATION Ms. Anna Hanger, a Manchester High School student, gave the invocation. Mrs. Humphrey expressed the Board's condolences in the recent loss of Reverend Harold Braxton's father-in-law. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Dan Reith and Mr. Jason Ford, members of Boy Scout Troop 183, and Ms. Anna Hanger and Ms. Bridget Cowan, students at Manchester High School, led the Pledge of Allegiance to the Flag of the United States of America. 98-768 10/28/98 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14 .A. RECOGNIZING THE CHESTERFIELD ALLIANCE FOR DRUG REHABILITATION AND EDUCATION, CHILDREN AT RISK TODAY, AND CHESTERFIELD NEW CAR DEALERS FOR THEIR COLLABORATIVE EFFORTS THROUGH "OPERATION SAVE OUR CHILDREN" Ms. Carter introduced Ms. Kay Drew, Chairman of the Chesterfield Alliance for Drug Rehabilitation and Education (CADRE), Ms. Lummie Jones, Chairman of Children At Risk Today (C.A.R.T.), and Mr. Jay Burchell of Heritage Chevrolet, representing Chesterfield new car dealers, to accept the resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, "Operation Save Our Children" is an innovative collaborative project of the Chesterfield new car dealers, the Chesterfield Alliance for Drug Rehabilitation and Education (CADRE) and Children At Risk Today (C.A.R.T.); and WHEREAS, CADRE is a nonprofit organization that addresses alcohol and drug issues in Chesterfield County; and WHEREAS, CADRE partners with the Chesterfield Drug and Alcohol Abuse Task Force and Chesterfield Youth Services in a community initiative entitled SAFE (Substance Abuse Free Environment) that promotes community standards of no illegal drug use, no alcohol use by minors and responsible use of alcohol by adults; and WHEREAS, C.A.R.T. is a nonprofit organization whose mission is to lower youth involvement with alcohol, drugs, crime and violence and the resulting consequences, while enhancing community protective factors; and WHEREAS, C.A.R.T. works to increase awareness about the serious risks and consequences of alcohol and other drug use by youth through its Safe and Sober Youth project (SASY); and WHEREAS, the purpose of "Operation Save Our Children" is to prevent needless deaths and injuries due to underage drinking, impaired driving, lack of seatbelt use or improper installation of child safety seats, and failure to obey traffic laws; and WHEREAS, ~Operation Save Our Children" is designed to educate the public about these important safety issues; and WHEREAS, the Chesterfield new car dealers are distributing safety information packets provided by CADRE and C.A.R.T. to their customers; and 98-769 10/28/98 WHEREAS, the Chesterfield new car dealers, CADRE and C.A.R.T. are highlighting the importance of the proper installation of child safety seats and the prevention of impaired driving at special community events in November and December, 1998; and WHEREAS, every Chesterfield new car dealership is participating in this community project, working collaboratively to save children and improve the health and safety of our community; and WHEREAS, the participating dealerships are: Browns Buick, VW, Jaguar; Cavalier Hyundai; Chesterfield Dodge; Dick Strauss Ford-Isuzu-Suzuki; Haley Automotive Group; Haywood-Clarke Automotive Group; Heritage Chevrolet; Land Rover of Richmond; Mooers Volvo; Pence Auto Mall; Richmond Honda; Richmond Mitsubishi; Saturn of Richmond; Whitlow Chevrolet; Whitten Lincoln Mercury; and Whitten Brothers Jeep Eagle. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Chesterfield new car dealers, the Chesterfield Alliance for Drug Rehabilitation and Education and Children At Risk Today for their contribution to the safety and well-being of our community. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Ms. Humphrey presented the executed resolution to Ms. Drew and expressed appreciation for the collaborative efforts towards educating the community regarding automotive safety. She also presented an executed resolution to Mr. Burchell for each of the new car dealers in the County for their support in this endeavor. Ms. Drew expressed appreciation to the Board for their support of CADRE. Ms. Jones expressed appreciation to the Board for recognizing the collaboration. Mr. Burchell presented the Board members with a packet of literature being distributed to customers purchasing new and used cars and expressed appreciation to the Board for the recognition. 14,B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 14.B.1. CF~ARLES T. DENIKE, III, TROOP 880 On motion of the Board, the following resolution was adopted: 98-770 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. Charles T. Denike, III, Troop 880, sponsored by Beulah 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, Charles 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. Charles T. Denike, III 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. Mr. McHale presented the executed resolution and patch to Mr. Denike, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Denike expressed appreciation to the recognition and also expressed appreciation leaders for their support. Board for the to his scout 14.B.2. CHRISTOPHER T. HEDRiCK, TROOP 874 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 10/28/98 98-771 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. Christopher Thomas Hedrick, Troop 874, sponsored by Saint Luke's 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, Christopher 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. Christopher Thomas Hedrick 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. Mr. Warren presented the executed resolution and patch to Mr. Hedrick, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Hedrick expressed appreciation to the Board for the recognition and also expressed appreciation to his parents for their support.. 15, REQUEST FOR MOBILE HOM~ PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRAL - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE AppLICANT DOES NOT ACCEPT RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 99SR0145 In Bermuda Magisterial District, GENE C. HURT requested renewal of Mobile Home Permit 91SR0280 to park a mobile home in a Residential (R-7) District and amendment of zoning district map. The density of the proposal is approximately 0.30 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 - 4 units per acre. This property fronts the north line of Kingsland Road, approximately 350 feet west of Chester Road, and is better known as 2924 Kingsland Road. Tax ID 791-674-1024 (Sheet 23). 98-772 10/28/98 Mr. Jacobson presented a summary of Case 99SR0145 and stated that staff recommends approval of this request for seven years, subject to conditions. He noted that the request conforms to the Jefferson Davis Corridor Plan. Mr. Paul Perrault, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 99SR0145 for a period of seven (7) years from date of approval, subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. o No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. o The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. ° No additional permanent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. ° Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0165 (Amended) In Bermuda Magisterial District, ESTATE OF HAROLD T. GOYNE, SR. requested rezoning from Light Industrial (I-l) to Residential (R-12) on 7.4 acres plus proffered conditions on this property and an adjacent 31.9 acre parcel currently zoned Residential (R-7). A single family residential subdivision having a minimum lot size of 9,000 square feet is planned. Residential use of up to 4.84 units per acre is permitted in a Residential (R-7) Distr~ct and up to 3.63 units per acre is permitted in a 98-773 Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies on 39.3 acres fronting approximately 1,800 feet on the south line of Route 288, also fronting the terminus of Seminole Avenue and located approximately 250 feet east of Jefferson Davis Highway. GPIN 798-661-Part of 2276 (Sheet 32). Mr. Jacobson stated that the applicant has requested to withdraw Case 98SN0165 from consideration. On motion of Mr. McHale, seconded by Mr. Barber, the Board withdrew Case 98SN0165. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0239 In Dale Magisterial District, CHEN DEVELOPMENT, L. L. C. requested rezoning and amendment of zoning district map from Residential (R-7) to Corporate Office (0-2) of 6.37 acres and to Neighborhood Business (C-2) of 3.31 acres. Offices and a drugstore with drive-through windows are planned. However, with approval of this request, other 0-2 and C-2 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 mixed use corridor use. This request lies on 9.68 acres fronting in two (2) places for a total of 1,050 feet on the west line of Iron Bridge Road, across from Irongate Road, also fronting approximately 275 feet on the north line and approximately 575 feet on the south line of Omo Road and located at the intersection of these roads. Tax ID 774-681-6212 and 775-681- 0115, 0643 and 2438 (Sheet 22). Mr. Jacobson stated that Mr. Daniel has recommended that the Board remand Case 98SN0239 to the Planning Commission. Mr. Daniel stated that the Planning Department's interpretation of the Central Area Plan's mixed use corridor designation does not include a freestanding drugstore and that the Planning Commission sustained the staff's interpretation with a 5-0 vote to deny the request. He further stated that this case is unique in the extent that the citizens living in the community are asking for a business of this variety to maintain economic vitality within their community. Mr. Daniel then made a motion, seconded by Mr. Barber, for the Board to remand Case 98SN0239 to the Planning Commission and requested that the Commission review the Central Area Plan land use component for the Route 10/Cogbill Road/Omo Road area to consider the possibility of accommodating neighborhood retail uses such as drugstores. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 10/28/98 98-774 99SN0106 In Matoaca Magisterial District, SPRINT PCS requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and setback exceptions. A 144.5 foot communications tower within an existing Virginia Power structure 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 residential use of 1.01 to 2.5 units per acre. This request lies in an Agricultural (A) District on 0.16 acre fronting approximately 75 feet on the south line of Woodpecker Road, approximately 1,160 feet west of Chestnut Ridge Road. Tax ID 790-621-Part of 7156 (Sheet 49). Mrs. Humphrey requested tlhat the Board defer Case 99SN0106 until January 27, 1999. There was no one present to speak for or against the deferral. Mrs. Humphrey then made a motion, seconded by Mr. Daniel, for the Board to defer Case 99SN0106 until January 27, 1999. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 99SN0108 In Matoaca Magisterial District, BAY HILL DEVELOPMENT requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). A single family residential subdivision with a minimum lot size of 12,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has proffered to limit development to a maximum of 2.2 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre. This request lies on 10.0 acres fronting approximately 500 feet on the west line of Hensley Road, approximately 4,900 feet northeast of Beach Road. ]?ax ID 726-658-5951 (Sheet 29). Mrs. Humphrey requested that the Board defer Case 99SN0108 until November 24, 1998 to allow the applicant an opportunity to meet with area residents to discuss the proposal and the possibility of proffering conditions relative to restrictive covenants. Mr. Andrew Scherzer, representing the applicant, stated that the request for a deferral is acceptable. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to defer Case 99SN0108. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 10/28/98 98-775 99SR0105 In Matoaca Magisterial District, W. AARON GOODE requested renewal of Conditional Use (Case 89SN0323) and amendment of zoning district map to permit retail sales in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation area use. This request lies on 5.0 acres known as 20800 Hull Street Road. Tax ID 688-668-Part of 7420 (Sheet ~8) . Mr. Jacobson presented a summary of Case 99SR0105 and stated that the Planning Commission and staff recommend approval subject to conditions. Mr. Aaron Goode stated that the recommendation is acceptable. When asked, Mr. Jacobson stated that the conditions would not limit the length of time for the conditional use and that it would be granted to the Chesterfield Berry Farm only, and not transferrable to others. Mrs. Humphrey made a motion, seconded by Mr. Warren, for the Board to approve Case 99SN0105. There was no opposition present. Mrs. Humphrey then called for a vote on the motion made by her, seconded by Mr. Warren, for the Board to approve Case 99SN0105 subject to the following conditions: The following conditions notwithstanding, the plan dated June 1989, shall be considered the Master Plan. (P) o This Conditional Use shall be granted to and for Chesterfield Berry Farm, Inc., and shall not be transferable nor run with the land. (P) Portable sanitary facilities, as approved by the Health Department, shall be located so as not to be visible from Hull Street Road. The location shall be approved by the Planning Department. (P) Outside display of merchandise shall be confined to items such as produce, bedding plants, and Christmas trees/garland/wreaths. Outside display of merchandise shall be located withing covered sidewalks, courtyard areas and/or the area located north of the building and parking area. (P) o Outdoor lighting shall comply with Section 19-573 of the Zoning Ordinance. (p) 98-776 10/28/98 A maximum of 150 square feet of sign area shall be permitted to identify this use. (P) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 99SN0107 In Dale Magisterial District, SPRINT PCS requested Conditional Use and amendment of zoning district map to permit a communications tower in an Agricultural (A) District. A 141.75 foot communications tower within an existing Virginia Power structure 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 residential use of 1.00 to 2.5 units per acre. This request lies on 1.1 acres fronting approximately 30 feet on the south line of Kingsland Road, approximately 850 feet east of Beulah Road. Tax ID 773-672-Part of 8598 and 773-673-Part of 4000 (Sheet 22). Mr. Jacobson presented a summary of Case 99SN0107 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Chuck Rothenberg, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. McHale, the Board approved Case 99SN0107 subject to the following conditions: There shall be no signs permitted to identify this use. (P) o In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) o The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and 98-777 10/28/98 approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: so The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) o Any building or mechanical equipment shall comply with Sections 19-570 (b) and © and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment or for ground-mounted equipment cabinets.) ° At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 99SN0111 In Dale Magisterial District, SPRINT PCS requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower plus setback exceptions. A 141.5 foot communications tower within an existing Virginia Power structure 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 residential use of 1.0 to 2.5 units per acre. This request lies in an Agricultural (A) and Residential (R-9) Districts on 0.9 acre fronting approximately 20 feet on the south line of Drexelbrook Road, approximately 140 feet west of Belmont Road. 98-778 10/28/98 Tax ID 765-683-Part of 4157 and 765-684-Part of 9017 {Sheet ~5) . Mr. Jacobson presented a summary of Case 99SN0111 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Chuck Rothenberg, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Warren, the Board approved Case 99SN0111 subject to the following conditions: There shall be no signs permitted to identify this use. o In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. (P) 98-779 ~0/28/98 Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) o Any building or mechanical equipment shall comply with Sections 19-570 (b) and © and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment or for ground-mounted equipment cabinets.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) o In conjunction with the approval of this request, a ninety-eight (98) foot exception to the 100 foot front yard setback requirement from Belmont Road for towers in Agricultural (A) Districts shall be granted. (P) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 99SN0110 f In Matoaca Magisterial District, SPRINT PCS requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower plus height and setback exceptions in a Light Industrial (I-l) District. A 199 foot communications tower 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 0.49 acre known as 10717 Hull Street Road. Tax ID 746-684-Part of 3508 {Sheet 14). Mr. Jacobson presented a summary of Case 99SN0110 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the Northern Area Land Use and Transportation Plan and the siting criteria for towers. Mr. Chuck Rothenberg, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0110 subject to the following conditions: 10/28/98 98-780 o o ° A buffer shall be maintained between the tower enclosure and the southern, eastern and western request site boundaries. Except for existing utility easements, and future utilities which may be extended generally perpendicular through this buffer, existing mature trees within this buffer slhall be preserved and maintained. Existing mature trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties to the south and southeast and from Speeks Road. Additional plantings shall consist of trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve a density of at least one (1) tree for each twenty (20) lineal feet of buffer. In addition, cleared areas of 300 square feet or greater shall be planted with trees, as described herein, to achieve minimum density of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department, prior to release of a building permit. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, slhall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The owner/developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) 10/28/98 98-781 o The treatment, color and lighting system for the tower shall be as follows: The tower shall be grey or another neutral color, acceptable to the Planning Department. bo The tower shall not be lighted unless lighting in required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) 0 At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) o In conjunction with the approval of this request, a forty- nine (49) foot exception to the 150 foot height limitation and an eighty-eight (88) foot exception to the 184 foot side yard setback requirement shall be granted. (P) 9. The tower shall be of a monopole design. (CPC) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 99SN0114 In Midlothian Magisterial District, RCTC WHOLESALE CORPOP~TiON BY 360° COMMUNICATIONS COMPANY, ITS MANAGING AGENT, requested amendment to Conditional Use Planned Development (Case 82S039) and amendment of zoning district map to permit a communications tower in a Corporate Office {0-2) District. A communications tower attached to an existing building 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 office use. This request lies on 8.0 acres known as 9901 Midlothian Turnpike. Tax ID 750-708- 0225 (Sheet 8) . Mr. Jacobson presented a summary of Case 99SN0114 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria of the Public Facilities Plan for towers. Mr. Dick Gibson, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. 98-782 10/28/98 After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0114 subject to the following conditions: In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) o The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16. PUBLIC HEARINGS 16 .A. TO CONSIDER CODE AMENDMENTS RELATING TO REGULATION OF CERTAIN PROFESSIONS Mr. Micas stated that this time and date has been advertised for a public hearing to consider an ordinance relating to regulation of certain professions. He further stated that this ordinance is a recommendation of the Planning Commission, Planning staff and Gateway Business Association. No one came forward to speak in favor of or against the ordinance. When asked, ordinance. Mr. Micas stated that this is a County-wide There was brief discussion relative to how the proposed ordinances relate to certain automobile dealerships. 98-783 m0/28/98 Mr. Jacobson stated that the proposed ordinance is an effort to ensure that the Zoning Ordinance matches the remainder of the County Code for regulation of certain professions. On motion of Mrs. Humphrey, 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 19-301 RELATING TO DEFINITIONS FOR BONDSMEN, INDOOR AND OUTDOOR FLEA MARKETS AND OCCULT SCIENCES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-301 of the Code of the County of Chesterfield, 1997, as amended, is amended and reenacted to read as follows: Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: o o o Bondsman: Any person Or establishment, other than a guaranty, indemnity or fidelity and surety company doing business in the state pursuant to Code of Virginia §§ 38.2-2400-38.2-2420 as amended, who is in the business of entering into or offering to enter into bonds for others, for compensation, whether as principal or surety, and who shall be in compliance with the requirements of chapter 15, article III. o o o Indoor flea market: A show at a single location which is conducted inside a building enclosed by walls that consists of a group of five or more persons selling or offering for sale goods, wares or merchandise such as hobby crafts, antiques, art works, new or secondhand articles or any combination of these. Yard sales, including sales conducted by nonprofit organizations that are exempt from federal taxes by the Internal Revenue Service are excluded from this definition. o o o Occult Sciences: Any person or establishment engaged in the occupation of a fortuneteller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation. Nothing contained herein shall be construed to apply to a person pretending to act as a fortune-teller in a properly licensed theater as part 98-784 10/28/98 of any show or exhibition presented therein or as part of any play, exhibition, fair or show presented or offered in aide of any benevolent, charitable or educational purpose. o o o Outdoor flea market: A show at a single location any part of which is conducted outside of a building enclosed by walls that consists of a group of five or more persons selling or offering for sale goods, wares or merchandise such as hobby crafts, antiques, art works, new' or secondhand articles or any combination of these. Yard sales, including sales conducted by nonprofit organizations that are exempt from federal taxes by the Internal Revenue Service are excluded from this definition. o o o (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 3-4 and 3-20 RELATING TO DANCE ESTABLISHMENTS AND MUSIC/ENTERTAINMENT FESTIVALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 3-4 and 3-20 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 3-4. When operation prohibited. No person conducting a dance establishment shall have such dance establishment open between the hours of 2:00 a.m. and 9:00 a.m. (Code 1978, o o o Sec. 3-20. Construction of this article. Nothing contained in this article shall relieve the applicant, property owner, promoters, sponsors or any other persons engaged in a music or entertainment festival from other requirements of this Code, including, but not limited to, provisions relating to licenses, amusements, zoning building requirements for temporary structures, and inspections and permitting of rides. (Code 1978,.§ 4-25) 98-785 10/28/98 o o o (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 6-1, 6-3,.6-4, 6-7, 6-39, 6-41, 6-42 and 6-44 RELATING TO BUSINESS LICENSE AND PERMIT REQUIREMENTS FOR CERTAIN PROFESSIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 6-1, 6-3, 6-4, 6-7, 6-39, 6-41, 6-42 and 6-44 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: ARTICLE I. GENERAL PROVISIONS Sec. 6-1. Definitions. For the purposes of this chapter, the following terms shall have the following meanings, unless the context requires a different meaning: o o o Flea market, craft show or trade show means a show at a single location and with a single promoter, whether inside or outside, consisting of a group of five or more persons selling or offering for sale goods, wares or merchandise such as hobby crafts, antiques, art works, new or secondhand articles, or any combination of these. Yard sales and shows conducted by nonprofit organizations that are exempt, from federal taxes by the Internal Revenue Service are excluded from this definition. Fortune-teller means any person or establishment engaged in the occupation of occult sciences, including a fortune- teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation. Nothing contained herein shall be construed to apply to a person pretending to act as a fortune- teller in a properly licensed theater as part of any show or exhibition presented therein or as a part of any play, exhibition, fair or show presented or offered in aide of any benevolent, charitable or educational purpose. o o o Nightclub means any commercial establishment which serves alcoholic beverages and has live entertainment and dancing. Live entertainment shall mean entertainment provided by live 1o/z /98 98-786 artists including, but not limited to, musical performances, disk jockeys, public speaking, dramatic performances, dancers or comedy. A nightclub is a dance establishment within the meaning of Chapter 3. o o o Repair, personal, and business services means services other than professional, financial or real estate services rendered for compensation either upon or for businesses, professions, persons, animals, or personal effects, including all activities not otherwise subject to licensure pursuant to other provisions of this chapter, and includes, but is not limited to, the following businesses: o o o Check cashing establishment o o o Massage therapists and massage clinic operators o o o Sec. 6-3. Exemptions from license taxes and fees. (a) Ail nonprofit organizations that are exempt from federal taxes by the Internal Revenue Service are hereby exempt from business license taxes and fees. (b) Every person who is classified as a statutory employee by the Internal Revenue Service shall be exempt from business license taxes and fees on his activities as a statutory employee. Sec. 6-4. License fees. Every person engaged in a business which is licensable pursuant to this chapter shall pay an annual fee if the total gross receipts, or gross purchases in the case of wholesale merchants, from all activities of the business are $10,000.00 or more, but less than $10, 000.00, during the base year. An annual license fee shall be paid for each definite place of business provided that the business shall not pay more than a single license fee per place of business regardless of the number of licenses the business must obtain. The annual fee shall be calculated as follows: Gross Receipts of Business Fee $10,000.00--$24,999.99 $ 25.00 $25, 000 . 00--$49, 999 · 99 50.00 $50,000.00--$74,999.99 75 · O0 98-787 0/28/98 $75,000.00--$99,999.99 100.00 o o o Sec. 6-7. Certain permits or certificates required. Every person subject to licensure for acting as a bondsman, fortune-teller, massage therapist, massage clinic operator, nightclub operator, taxi driver or solicitor, or operating an adult bookstore/video store, adult motion picture theater or adult mini-motion picture theater shall first obtain a permit or certificate as required by Chapter 15. Cross reference(s)--Regulated occupations and services, ch. 15. o o o Sec. 6-39. Mixed alcoholic beverage retailers. (a) Every retail merchant selling mixed alcoholic beverages shall pay, in addition to the license taxes and fees imposed under this Code, an annual license tax, determined by the seating capacity stated on the taxpayer's state license issued by the alcoholic beverage control board, as follows: (1) Two hundred dollars for each location with a seating capacity at tables for up to 100 persons; and o o o Sec. 6-41. Nightclub operator. Every person engaged in the business of operating a nightclub shall pay a license tax of $100.00, which shall be in addition to any other taxes or fees required for the sale of food and drinks or the provision of services. Sec. 6-42. Carnivals and circuses. (a) Every person operating a carnival or circus shall pay a license tax of $300.00 for the first week of the carnival or circus and $100.00 for each additional week. No additional license shall be required for the privilege of selling soft drinks, confections, food, souvenirs and novelties on the grounds on which the carnival or circus is operated. (b) No license shall be granted under this section until the operator of the carnival or circus has deposited with the treasurer sufficient funds in United States currency, as determined by the county's director of general services, to be used by the county to clean and put in order, to the satisfaction of the director of general services, the property used by the carnival or circus. 98-788 z0/28/98 (c) The provisions of this section shall not apply to carnivals, circuses or shows held inside the grounds of any agricultural fair while such fair is being held. o o o Sec. 6-44. Fortune-tellers. Every fortune-teller within the county shall pay a license tax of $300.00. Any person who acts as a fortune-teller without a license shall be fined not less than $50.00 nor more than $ 500.00 for each such offense. o o o (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 13-62 RELATING TO RESTRICTION ON KEEPING INOPERATIVE MOTOR VEHICLES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 13--62 of Chesterfield, 1997, as amended, read as follows: the Code of the County of is amended and reenacted to Sec. 13-62. Restriction on keeping vehicles; removal of such vehicles. inoperative motor (a) It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or otherwise shielded or screened from view by a method provided below, on any property zoned A, R, R-TH, R-MF, O and C, as those zoning classifications are defined in chapter 19, any motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, § 46.2-100, as amended, which is inoperative. The only permissible methods of shielding or screening an inoperative vehicle outside a fully enclosed building or structure shall be as follows: (i) A form fitted, defect-free cover specifically designed and man'ufactured to completely shield the motor vehicle, trailer or semitrailer from view; (2) A hedge or dense evergreen landscape planting not less than six feet high and ten feet wide that is neat and well maintained; and 98-789 lO/28/98 (3) An opaque masonry wall or treated wood fence of a stockade, board and batten, panel or similar type design in good repair of not less than six feet high and ten feet wide, provided such wall or fence meets the restrictions set forth in chapter 19. (b) Notwithstanding subsection (a) above, not more than one motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, § 46.2-100, as amended, which is inoperative may be kept outside of a fully enclosed building and shielded or screened from view pursuant to subsection (a) (1), (2) or (3) above on any property zoned A, R, R-TH, R-MF, MH-1, MH-2, O and C as defined in chapter 19 if the vehicle is kept in the rear yard of the property. The rear yard shall be the yard extending between the rear line of the lot and the nearest line of the rear of the main building on the lot. (c) The owners of property zoned A, R, R-TH, R-MF, MH-1, MH-2, O and C, as defined in chapter 19, shall remove from their property any inoperative motor vehicles, trailers or semitrailers which are in violation of nhis section, within ten days after being given notice by the county to remove such inoperative motor vehicles, trailers or semitrailers. Notice to remove shall be deemed given when mailed by certified mail, return receipt requested, to the same address to which real estate tax bills are mailed to such owners of property. If the owners of the property do not remove the inoperative motor vehicles, trailers or semitrailers from the property within ten days after being given notice to do so by the county, then the county, its agent or employees may remove the inoperative motor vehicles, trailers or semitrailers from the property. After giving an additional ten days' notice to the owners of the vehicles, the county may dispose of such motor vehicles, trailers or semitrailers. Notice of disposal of such motor vehicles, trailers or semitrailers is given when mailed by certified mail, return receipt requested, to the last known address of the owner of the inoperative motor vehicles, trailers or semitrailers. (d) The cost of removal and disposal of the inoperative motor vehicles, trailers and semitrailers shall be chargeable to the owners of the property from which the inoperative motor vehicles, trailers and semitrailers were removed and to the owners of the inoperative motor vehicles, trailers and semitrailers. The costs of removal and disposal may be collected in the same way that taxes and levies are collected. Every cost authorized by this section against the owner of the property from which the inoperative motor vehicles, trailers and semitrailers was removed shall constitute a lien against that property. The lien shall continue until payment of the assessed costs have been paid. (e) As used in this section, the term "inoperative motor vehicle" means any motor vehicle which is not in operating condition: or which for a period of sixty days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for 10/28/98 98-790 operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. (f) This section shall not apply to any business lawfully conducted on property that is zoned to permit the keeping of inoperative motor vehicles, trailers or semitrailers; nor shall this section apply to a licensed business that on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. (g) Compliance with this section shall not exempt any owner of an inoperative vehicle from the license tax imposed by section 13-54 of this Code. (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION ].5-2, 15-4, 15-7, 15-31, 15-94, 15-95, 15-96, 15-121, ].5-122, 15-131, 15-132, 15-133, 15-161, 15-162, 15-166, ]_5-171, 15-173, 15-179, 15-183 AND BY REPEALING SECTION 15-32 AND ADDING 15-219 RELATING TO REGULATION OF CERTAIN OCCUPATIONS, SERVICES AND BUSINESSES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 15-2, 15-4, 15-7, 15-31, 15-94, 15-95, 15-96, 15-121, 15-122, 15-131, 15-132, 15-133, 15-161, 15-162, 15-166, 15-171, 15-173, 15--179, and 15-183 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted as follows: Sec. 15-2. Definitions. For the purposes of this article, the following words and phrases shall have these meanings: o o o Chief of police: The Chesterfield County Police Chief or his designee. o o o Sec. 15-4. Permit required.. (a) Every owner or tenant of residential, commercial or industrial premises protected by an alarm system within the county shall obtain a permit for the operation of the system within 30 days of installation of the alarm system. The permit application shall be made on forms available from the police department and shall include, but not be limited to, the following information: 10/28/98 98-791 o o o Sec. 15-7. Failure to pay service fees or civil penalties; revocation of permit. (a) Ail service fees or civil penalties assessed by the chief or police against the owner or tenant of residential, commercial or industrial premises protected by an alarm system shall be due and owing to the county treasurer. If legal action is necessary to collect the service fees or civil penalties, the owner or tenant shall be required to pay a ten percent collection fee to the county and all court costs necessary to collect such fees or penalties. o o o ARTICLE III. BONDSMEN Sec. 15-31. Certificate. Every person, other than a guaranty, indemnity, or fidelity and surety company doing business in the state pursuant to Code of Virginia, §§ 38.2-2400--38.2-2420, as amended, that desires to be in the business of entering into or offering to enter into bonds for others, for compensation, whether as a principal or surety, whose situs is located in Chesterfield County, shall obtain a certificate pursuant to Code of Virginia, § 58.1-3724, from a Chesterfield County circuit court judge stating that the applicant is of good moral character and is entitled to receive a business license. The circuit court may revoke any such certificate issued by it for good cause. Va. Code § 58.1-3724. Secs. 15-33--15-40. Reserved. o o o ARTICLE V. MASSAGE CLINICS* Sec. 15-94. Permit application. o o o (b) The certified massage therapist permit application shall include, but not be limited to, the following: o o o (4) The applicant's height, weight, race, sex and eye and hair color. o o o 98-792 lO/28/98 (13) Written authorization to conduct a background investigation of the applicant, including a criminal records check, and to investigate whether the information provided by the applicant is true. (14) Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. o o o (8) Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. o o o Sec. 15-95. Referral of application. The chief of police shall refer permit applications, as needed, to the county departments charged with enforcing the business license, zoning, building, plumbing, utility, health, electric and fire prevention codes for their recommendations. (Code 1978, § 13-5) Sec. 15-96. Granting of permit. Within 60 days of the date of the permit application, the chief of police shall issue the permit if he shall find all the following: (a) The premises to be used or constructed meet all zoning, building, plumbing, utility, health, electric and fire prevention codes, as report:ed by the applicable departments. o o o Sec. 15-121. Certain permits required from chief of police --Application; issuance. (a) Every person desiring a business license to operate (i) a nightclub, as defined in Chapter 6, or (ii) to operate an adult bookstore/videostore, adult motion picture theater or adult mini-motion picture theater, as defined in Chapter 19, shall first apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $25. (b) Information required on the permit application shall include, but not be limited to, the following: o o o (6) Written authorization to conduct a background investigation of the applicant, including a criminal records check, and to investigate whether the information provided by 10/28/98 98-793 the applicant is true. (7) Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. (c) For a corporation, partnership or other legal entity, "applicant" includes each officer, director, partner or principal of the entity and any managers of the business. (d) The applicant shall not be issued a permit if the county's investigation or the information furnished in compliance with this article shows that the applicant has been convicted of a felony or a crime involving moral turpitude, has been denied a permit or has had a permit revoked under any statute or ordinance similar in substance to the provisions of this article, or is not of good moral character. In addition, each application shall be reviewed by the county departments charged with enforcing the business license, zoning, building, plumbing, utility, health, electric and fire prevention codes, as needed, and no permit shall be issued if the applicant's business in the county does not comply with these and any other applicable county or state laws or regulations. (e) Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers of the business itself will automatically make the permit void. Such changes shall be reported to the chief of police or his designee, and a new application may be submitted for review. (f) Nightclubs shall be subject to the regulations regarding public dance establishments, set forth in Chapter 3. (Code 1978, § 12.1-7) Sec. 15-122. Same--Revocation. (a) The chief of police or his designee may revoke or suspend any permit issued pursuant to this article (i) for fraud, misrepresentation or any false statement contained in the application; (ii) 'upon conviction of the applicant for any felony or misdemeanor involving moral turpitude after the permit is issued; (iii) for failure to comply with the provisions of this article; or (iv) if the applicant's business fails to comply with applicable county or state laws or regulations. (b) If the chief of police or his designee revokes a permit, he shall notify the permittee in writing of such action, the reasons for the revocation, and the permittee's right to request a hearing. To receive a hearing, the permittee must make a written hearing request which must be received by the chief of police, or his designee, within ten days of the date of the revocation notice~ If a timely hearing request is not received by the chief of police, or his designee, the decision shall be final. If a hearing is properly requested, it 10/28/98 98-?94 shall be held within ten days from receipt of the hearing request. The hearing shall be presided over by the chief of police or his designee. The permittee shall have the right to present evidence and argument or to have counsel do so. Within a reasonable time after the hearing, the chief of police, or his designee, shall render his decision which shall be final. The permittee must discontinue operation of its business when the decision to revoke the permit becomes final. (c) When protection of public health, safety or welfare requires such action, the chief of police, or his designee, may immediately revoke a permit issued under this article by so stating in a written notice to the permittee. When action is taken pursuant to this subparagraph, the permittee shall immediately discontinue operation of its business, but shall have the right to a hearing as stated in subparagraph (b). Secs. 15-123--15-130. Reserved. O O O Sec. 15-131. Definitions. For the purposes of this article, the following words shall have the following meanings: Chief of Police: The Chesterfield County Police Chief or his designee. 0 0 0 Sec. 15-132. Permit--Required. No dealer shall purchase precious metals or gems or make loans for which precious metals or gems are received and held as security without first obtaining a permit from the chief of police as provided herein and without complying with all other provisions of this article. Possession of a permit issued in another locality shall not relieve a dealer of the obligation to obtain a permit from the chief of police. (Code 1978, § 7.01-2) Sec. 15-133. Same--Method of obtaining. (a) The permit required by this article shall be issued by the chief of police upon payment of a $200.00 application fee and satisfaction of the requirements of this article. A permit will not be issued if the applicant fails to satisfy the chief of police of his good moral character, if the applicant has been convicted of a felony or a crime of moral turpitude, or if the applicant has been denied a permit or has had a,permit revoked under any statute or ordinance similar in substance to the provisions of this article. The applicant shall authorize a background investigation, including a criminal records check. Information required on the application shall include, but not 98-795 z0/28/98 be limited to, the applicant's full name, aliases, address, age, sex, race, social security number, date of birth and fingerprints; the name, address and telephone number of the applicant's employer, if any; and the location of the place of business of the dealer. The applicant shall date and sign the application and certify that the information contained in the application is true and correct. Before a permit is issued, the dealer must have all weighing devices used in his business inspected and approved by local or state weights and measures officials and present written evidence of such approval to the chief of police. o o o Secs. 15-142--15-160. Reserved. ARTICLE VIII. SOLICITORS* *State law reference(s)--Authority of county with respect to solicitors, Code of Virginia, § 15.2-913; solicitation of contributions generally, Code of Virginia, § 57-48 et seq. Sec. 15-161. Definitions. Chief of Police: The Chesterfield County Police Chief or his designee. "Solicitor": a person who goes from door to door or location to location visiting residential premises for the purpose of selling or offering for sale any goods, wares, merchandise or services or accepting subscriptions or orders therefor. (Code 1978, § 16.1-1) Cross reference(s)--Definitions and rules of construction generally, § 1-2. Sec. 15-162. Issuance of permit; renewal. (a) No person shall enter into or upon a residential premises within the county for the purpose of soliciting, unless he has received a permit from the chief of police. (b) application following: Information required on the solicitor permit shall include, but not 'be limited to, the o o o (8) Written authorization to conduct a background investigation of the applicant, including a criminal records check, and to investigate whether the information provided by the applicant is true. 98-796 10/28/98 (9) Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. (c) The applicant shall not be issued a permit if a county investigation or the information furnished in compliance with this article shows that the applicant has been convicted of a felony or a crime involving moral turpitude, had a prior permit revoked, or is not of good moral character. A permit issued under this article shall be good for 30 days from the date of issuance unless earlier revoked. Every solicitor shall carry his permit with him at all times while engaged in soliciting, and shall display such permit to any person who shall demand to see the permit while he is so engaged. o o o Sec. 15-166. Exemptions from provisions of article. The provisions of this article shall not apply to: (a) Persons who visit residential premises at the request or invitation of the owner or occupant thereof. o o o Secs. 15-167--15-170. Reserved. ARTICLE IX. TAXICABS* *Editor's note--The county adopted this ordinance as part of a regional effort through the Richmond Region Planning District Commission to regulate taxicabs. Cross reference(s)--Motor vehicles and traffic, ch. 13. State law reference(s)--Authority of county to license taxicab drivers, Code of VJ_rginia, § 46.2-2016 et seq. o o o DIVISION 1. GENERAL PROVISIONS Sec. 15-171. Definitions. For the purpose of this article, the following words and phrases shall have the foil. owing meanings: o o o Chief of police: The Chesterfield County Police Chief or his designee. o o o Sec. 15-173. Inspection of vehicles. 98-797 10/28/98 Ail taxicabs for which a certificate has been granted by the county shall be inspected by the chief of police at regular intervals of at least every 12 months, and at such other times as the chief of police may prescribe. If a taxicab is unsafe, unfit or unsanitary; has torn seats or upholstery; or has inoperable air conditioning or heating equipment, the chief of police shall notify the owner at once of such defect and the owner shall not operate the vehicle thereafter until he remedies such defect. If the odometer of a vehicle has been unlawfully tampered with, the vehicle shall be permanently rejected for use as a taxicab. (Code 1978, § 19.1-4) o o o DIVISION 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Sec. 15-179. Certificate of public convenience and necessity. o o o (b) A certificate of public convenience and necessity shall be effective until January 31 following its issuance and must be renewed annually. The chief of police shall provide a form for applications and renewals which includes authorization to conduct a background check and certification by the applicant that the information contained in the application is true and correct. o o o Sec. 15-183. Procedure certificate or permit. upon refusal or revocation of If an application for a certificate of public convenience and necessity or a driver's permit is refused or revoked, the chief of police shall notify the affected person in writing of such decision and the reason for the refusal or revocation, and advise the person of the right to an administrative appeal. Unless a request for an appeal hearing is made in writing within ten days of notice, the decision of the chief of police shall be final. If a hearing is requested, the hearing shall be held by the chief of police and the applicant or certificate or permit holder shall have the right to present his own case or have counsel do so. Within a reasonable time after the hearing, the chief of police shall render his decision. In the event the chief of police refuses to issue or revokes a certificate or permit after a hearing, the person may, within ten days after the date of such action, file with the circuit court of the county a petition to review the action of the chief of police, with a copy of such petition to be served on the chief of police. The filing of the petition with the circuit court shall not postpone the effective date of the decision of the chief of police except by order of the court. (Code 1978, § 19.1-42) 98-798 10/28/98 (2) That the Code of the County of Chesterfield, 1997, as amended, is amended by Repealing Section 15-32 as follows: (3) That the Code of the County of Chesterfield, 1997, as amended, is amended by adding Section 15-219 as follows: ARTICLE X. FORTUNE-TELLERS Sec. 15-219. Fortune-Tellers. (a) Every person desiring a business license to operate as a fortune-teller (as defined in Chapter 6) shall first apply for and obtain a permit from the chief of police, or his designee, to conduct such activity. Nothing contained in this section shall apply to a person pretending to act as a fortune- teller in a properly-licensed theater as part of any show or exhibition presented therein or as a part of any play, exhibition, fair or show presented or offered in aid of any benevolent, charitable or educational purpose. (b) The permit application shall include, but not be limited to, the following: o o o Name, alias or nicknames, address, phone number, place and date of birth, social security number, race, sex, age, height, weight, hair color and eye color. A certificate signed by five county citizens that the person is of good character and honest demeanor and is a bona fide county resident. Written authorization to conduct a background investigation, including a criminal record check. Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. (c) The chief of police, or his designee, shall conduct an independent investigation and determine whether the statements contained in the required certificate are true. The applicant shall also present such certificates to the commissioner of the revenue. (d) The applicant shall not be issued a permit if the county's investigation or the information furnished in compliance with this article shows that the applicant has been convicted of a felony or a crime involving moral turpitude, has been denied a permit or has had a permit revoked under any statute or ordinance similar in substance to the provisions of this article, or is not of good moral character. In addition, each application shall be reviewed by the county departments charged with enforcing the business license, zoning, building, plumbing, utility, health, electric and fire prevention, codes, as needed, and no permit shall be issued if the applicant's business in the county does not comply with these and any other applicable county or state laws or regulations. (e) The chief of police, or his designee, may revoke or 10/28/98 98-799 suspend any permit issued pursuant to this article (i) for fraud, misrepresentation or any false statements contained in the application; (ii) upon conviction of the applicant for any felony or misdemeanor involving moral turpitude after the permit is issued; (iii) for failure to comply with the provisions of this article; or (iv) if the applicant's business fails to comply with applicable county or state laws or regulations. (f) If the chief of police, or his designee, revokes a permit, he shall notify the permittee in writing of such action, the reasons for the revocation, and the permittee's right to request a hearing. To receive a hearing, the permittee must make a written hearing request which must be received by the chief of police, or his designee, within ten days of the date of the revocation notice. If a timely hearing request is not received by the chief of police, or his designee, the decision shall be final. If a hearing is properly requested, it shall be held within ten days from receipt of the hearing request. The hearing shall be presided over by the chief of police or his designee. The permittee shall have the right to present evidence and argument or to have counsel do so. Within a reasonable time after the hearing, the chief of police, or his designee, shall render his decision which shall be final. The permittee must discontinue operation of its business when the decision to revoke the permit becomes final. (4) That this ordinance shall become effective immediately upon adoption. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16.B. TO CONSIDER AN ORDINANCE TO VACATE A FIFTY FOOT RIGHT OF WAY KNOWN AS PARKBROOK AVENUE WITHIN PRESTON PLACE, SECTION 1 Mr. John Harmon stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a fifty foot right of way known as Parkbrook Avenue between Lot 1, Block E and Lot 7, Block G, within Preston Place, Section 1. 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 6rdinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to WARREN K. FRIEDERSDORF and ROBIN M. FRIEDERSDORF, (husband and wife) and MICHAEL MELNYK, JR. and JUDITH K. MELNYK, (husband and wife), ("GRANTEE"), a 50' right of way known as Parkbrook Avenue, Preston Park Subdivision, Section 1, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the 0/28/98 98-800 Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 14, at Page 8. WHEREAS, WARREN K. FRIEDERSDORF and ROBIN M. FRIEDERSDORF, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 50' right of way known as Parkbrook Avenue within Preston Place Subdivision, Section 1, BERMUDA 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 14, Page 8, by J. K. TIMMONS, dated JULY 8, 1964, and recorded JULY 23, 1964. The right of way petitioned to be vacated is more fully described as follows: A 50' right of way known as Parkbrook Avenue within Preston Place Subdivision, Section 1, the location of which is more fully shown on a map prepared by CHESTERFIELD COUNTY, dated OCTOBER 8, 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 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 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid right of way be and is hereby vacated. GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves a variable width water easement, as shown on the attached map. 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 map 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 of the right of way hereby vacated in the adjoining property owners of Lot 1, Block E, and Lot 7, Block G, within Preston Place Subdivision, Section 1 free and clear of any rmghts of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and WARREN K. 10/28/98 98-801 FRIEDERSDORF and ROBIN M. FRIEDERSDORF, husband and wife, and MICHAEL MELNYK, JR. and JUDITH K. MELNYK, husband and wife, or their successors in title, as GRANTEE. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 98SN0243 (Amended) In Midlothian Magisterial District, MSO, INC. requested amendment to Conditional Use Planned Developments (Cases 83S188 and 87S009) to allow Community Business (C-3) uses and amendment of zoning district map. 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 Branchway Road and located approximately 100 feet north of International Drive. Tax ID 741-708-Part of 1820 (Sheets 7 and 8). Ms. Beverly Rogers presented a summary of Case 98SN0243 and stated that staff recommends approval and acceptance of a proffered condition. She noted that the request conforms to the Northern Area Land Use and Transportation Plan. Mr. Barber stated that the property owner has worked with area neighbors in an effort to address various leasing and zoning issues. Mr. Barber then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 98SN0243 and accept the proffered condition. Mrs. Humphrey recognized Mr. Paul Rubis, representing the applicant, who was present at the meeting, and expressed appreciation for his cooperation. Mr. Daniel expressed appreciation for the effort made towards addressing the issues regarding the proposed case. There was no opposition present. Mrs. Humphrey called for the vote on the motion made by Mr. Barber, seconded by her, for the Board to approve Case 98SN0243 and accepted the following proffered condition: Uses shall be restricted to those uses permitted in the Community Business (C-3) District provided, however, that the display area for any motor vehicle sales use shall be located to the east of Building C shown on the plan prepared by Richard Shank Associates, P. C. Architects, dated January 5, 1987. 98-802 10/28/98 (STAFF NOTE: This proffered condition supersedes Conditions 2 and 3 of Case 83S188 and Conditions 2 and 3 of Case 87S009.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 18. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Daniel, the Board adjourned at 8:25 p.m. until November 12, 1998 at 4:00 p.m. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. La~ B. Ramsey ~ County Administrator' 98-803 Renny B. Humphrey Cha i rman 10/28/98