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11-12-1998 MinutesBOARD OF SUPERVISORS MINUTES November 12, 1998 Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. Craig Bryant, Dir., Utilities Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Legislative Services Ms. Becky Dickson, Dir., Budget and Management Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr Russell Harris, County Ombudsman Ms Tammy D. Haskins, Clerk to the Board Mr Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs 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 Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas Taylor, Dir. Block Grant Office Mrs. Humphrey called the regularly scheduled meeting to order at 4:05 p.m. 98-804 1. APPROVAL OF MINUTES On motion of Mr. Warren, seconded by Mr. McHale, approved the minutes of October 28, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. the Board 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that, as a result of the drought the County has been experiencing, the Swift Creek Reservoir is over four feet below the spillway. He further stated that the Swift Creek Reservoir is one of three water supplies for the County -- the County owns a portion of the Appomattox Water Authority (Lake Chesdin) and it also has a fifty year contract with the City of Richmond for capacity in the City's system. He stated that production at the Swift Creek Reservoir was reduced, in August, 1998, to fifty percent and that further restrictions at the Reservoir may become necessary due to the drought. He further stated that, at this point, the County is not considering water restrictions because water supply is not an issue. He stated that if the drought continues throughout the winter, some form of water restriction may become necessary in the summer of 1999 -- not because of water supply but because of the distribution system. Mr. Warren stated that the County has an excellent water supply and that through good planned managed growth the County has been able to protect its water resources. Mr. Bryant stated that the County's policy for reducing the use of the Swift Creek Reservoir was adopted in 1994 and that this is the second time, since the policy went into effect, that the County has reduced capacity by fifty percent. He further stated that the point at which the usage of the Reservoir is reduced is two feet below the spillway. Mrs. Humphrey stated that she would like the Board to be kept advised of the County's water reservoir standing and requested that citizens be informed of the reservoir issue. There was brief discussion regarding the Appomattox River Water Authority's reservoir standing. Mr. Ramsey noted that a ban against open burning has been issued by Governor Gilmore across the State and that the County will have to prohibit open leaf burning this year if the ban continues. 3. BOARD COMMITTEE REPORTS Mr. Warren presented each Board member with a calendar from the State Department of Emergency Services. 98-805 11/12/98 Mr. Barber expressed appreciation to Mr. Jacobson and Mrs. Patricia Revere, the Christmas Mother, who were the guest speakers at his November 2, 1998 constituent's meeting. He stated that he recently spoke to the Kiwanis Club at Johnston- Willis Hospital. He further stated that the regional summit will be held on November 13, 1998 and that he will be meeting with Senator Chuck Robb prior to the summit regarding the Richmond International Airport expansion. He stated that the new Northern Area Police Precinct is tentatively scheduled to open on November 23, 1998. Mr. McHale stated that he recently was the guest speaker for the Young At Heart Group at Chester United Methodist Church and that he and Mr. Warren attended the Veteran's Day Memorial Service on November 11, 1998. Mr. Daniel stated that, as a member of the Capital Region Airport Commission, he traveled to Europe and met with shippers, freight forwarders and airlines. He further stated that the Richmond International Airport is a favorable location to bring in high level cargo, with the exception of the length of the runway and requested that Mr. Barber inform Senator Robb of this issue. He stated that the MAPS Projects are not ready to go to the General Assembly at this time. He further stated that the Board will be discussing several issues at its meeting with the legislators that came out of the Virginia Association of Counties' Convention, as well as the High Growth Coalition. He noted that Mr. Jack Ward, from Hanover County, was elected First Vice-President of the Virginia Association of Counties. Mrs. Humphrey stated that meetings were held in Matoaca relative to the new police and fire communications system and that the communications' towers are being well received by the residents. She further stated that the Parent Teacher Student Association has been reinisiated at Matoaca High School. She congratulated Mr. Daniel for receipt of the prestigious Jefferson Cup at the Virginia Association of Counties' Convention. REOUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN ORDER OF PRESENTATION On motion of Mr. Barber, seconded by Mr. McHale, the Board replaced Item 11., Executive Session Pursuant to Section 2.1- 344(A) (7), Code'of Virqinia, 1950, as Amended, for Consultation with Legal Counsel Regarding Legal Issues Relating to the Development of The First Tee Project; deleted Item 8.A.6., Transfer of Funds to Close the End of River Hills Drive; added Item 8.A.13., Request for Permission from Savage and Lennon, Incorporated to Make Drainage Improvements on County Property; added Item 8.A.14., Approval of a Right of Entry for the 1-895 Project and, adopted the Agenda, as amended. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-806 5, RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions and special recognitions at this time. 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. CONSENT ITEMS 8.A.1. APPROPRIATION OF FUNDS TO THE CHESTERFIELD HISTORICAL SOCIETY FOR MUSEUM IMPROVEMENTS FOR THE COUNTY'S 250THANNIVERSARY Mrs. Humphrey recognized Ms. Nancy Carter Crump, Colonel Horace Mann, III and Mr. Russell Harris, representatives of the Historical Society, who were present at the meeting. On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $38,000 from the Reserve for Capital Projects to the Chesterfield Historical Society for Museum improvements for the 250th Anniversary. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.2. ACCEPTANCES OF PARCELS OF LAND 8 .A.2 .a. ALONG RUFFIN MILL ROAD FROM WBC, LC, A VIRGINIA LIMITED LIABILITY COMPANY On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.227 acres along Ruffin Mill Road from WBC LC, a Virginia limited liability company and authorized the County Administrator to execute the necessary deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-807 11/12/98 8.A.2.b, ALONG JEFFERSON DAVIS HIGHWAY FROM ROADRUNNER ENTERPRISES, INCORPORATED On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.154 acres along Jefferson Davis Highway from Roadrunner Enterprises, Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,A.2.C. ALONG KINGSDALE ROAD FROM THE TRUSTEES OF FIRST BAPTIST C~URCH OF CENTRALIA, VIRGINIA On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.135 acres along Kingsdale Road from the Trustees of First Baptist Church of Centralia, Virginia 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 .A,2 .d. FOR THE MIDLOTHIAN TURNPIKE/CHARTER COLONY PARKWAY ROAD WIDENING PROJECT FROM REYNOLDS REAL ESTAT~ VENTURES L.L.C. On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of parcels of land from Reynolds Real Estate Ventures L.L.C. for the Midlothian Turnpike/Charter Colony Parkway Road Widening Project 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.A.2 .e. ALONG THE WEST RIGHT OF WAY LINE OF POCOSHOC~ BOULEVARD FROM THE UNITED STATES POSTAL SERVICE On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of two parcels of land containing .4588 acres along the west right of way line of Pocoshock Boulevard from The United States Postal Service and authorized the County Administrator to execute the necessary deed. (It is noted that copies of the plats are filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-808 8.A.2 .f. ALONG THE WEST RIGHT OF LINE OF POCOSHOCK BOULEVARD FROM BRENLEY ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.003 acres along the west right of way line of Pocoshock Boulevard from Brenley Associates, a Virginia General Partnership 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.A.2 .g. ADJACENT TO THE NORTH RIGHT OF WAY LINE OF WEST HUNDRED ROAD AND THE EAST RIGHT OF WAY LINE OF ECOFF AVENUE FROM A. LEE HANBURY On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of two parcels of land containing .066 acres adjacent to the north right of way line of West Hundred Road and the east right of way line of Ecoff Avenue from A. Lee Hanbury 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 .A.3. APPROVAL OF UTILITY CONTRACT FOR SECOND BRANCH, SECTION 3 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following Utility Contract, for Second Branch, Section 3 - Contract Number 97-0043, which includes 2,997 L.F. ± of twelve inch oversized water lines: Developer: William B. and Gene H. DuVal Contractor: J. Steven Chafin, Inc. Contract Amount: Estimated Total - Total Estimated County Cost: Water (Oversizing) (Refund thru connections) Estimated Developer Cost Code: District: Matoaca $87,500.00 $28,235.50 $59,274.50 5B-572VO-E4C Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-809 8 oAo4. REQUEST TO QUITCLAIM PORTIONS OF A SIXTEEN FOOT SEWER EASEMENT AND TWENTY SIX FOOT SEWER AND DRAINAGE EASEMENT ACROSS PROPERTY OF 360 ASSOCIATES LIMITED PARTNERSHIP AND GP ASSOCIATES, L.P. On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of a sixteen foot sewer easement and twenty-six foot sewer and drainage easement across 360 Associates Limited Partnership and GP Associates, L.P. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.5. AUTHORIZATION FOR TRITON PCS TO APPLY FOR SUBSTANTIAL ACCORD, CONDITIONAL USE, VARIANCES FOR HEIGHT AND SETBACKS, OR A CONDITIONAL USE PLANNED DEVELOPMENT WITH HEIGHT AND SETBACK EXCEPTIQN$ FOR COMMUNICATIONS TOWERS AND/OR ANTENNAS TO BE INSTALLED ON COUNTY PROPERTY On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized Triton PCS to apply for substantial accord, conditional use, variances for height and setbacks, or a conditional use planned development with height and setback exceptions for communications towers and/or antennas to be installed on the following County property: 1) Robious Water Tank; 2) Bellwood Water Tank; 3) Clover Hill Water Tank; Upper Swift Creek Wastewater Pump Station; and 5) Virginia Power Transmission Structure in Rockwood Park. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,A.7. SET DATES FOR PUBLIC HEARINGS 8.A.7.a. TO CONSIDER FY2000 EN~CEMENT PROJECTS On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of December 16, 1998 at 7:00 p.m. for a public hearing to consider FY2000 Enhancement Projects. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .A.7 .b. TO CONSIDER AN ORDINANCE RELATING TO HEIGHTS AND SETBACKS FOR AMATEUR RADIO ANTENNAS, CHIMNEYS, WATER TOWERS OR SIMILAR STRUCTURES On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of December 16, 1998 at 7:00 p.m. for a public hearing 98-810 11/12/98 to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting sections 19-507, 19-555, 19-556 and 19-557 relating to heights and setbacks for amateur radio antennas, chimneys, water towers or similar structures. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.7 .c. TO CONSIDER THE TAX EXEMPTION REQUESTS OF RICHMOND ANIMAL LEAGUE On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of December 16, 1998 at 7:00 p.m. for a public hearing to consider the tax exemption requests of the Richmond Animal League. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .A.7 .d. TO CONSIDER THE TAX EXEMPTION REQUESTS OF CHESTERFIELD ALTERNATIVES, INCORPORATED FOR PROPERTIES IN MATOACA, BERMUDA, AND MIDLOTHIAN DISTRICTS On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of December 16, 1998 at 7:00 p.m. for a public hearing to consider the tax exemption requests of Chesterfield ~Alternatives, Incorporated for properties in Matoaca, Bermuda, and Midlothian Districts. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.7 .e. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING SECTIONS 6-2, 6-3 AND 6-35 RELATING TO BUSINESS LICENSES On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of December 16, 1998 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending sections 6-2, 6-3 and 6-35 relating to business licenses. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-811 11/12/98 8.A.8, WITHDRAWAL DECISION TO REFER TO THE PLANNING COMMISSION CONSIDERATION OF A SUBDIVISION ORDINANCE AMENDMENT RELATIVE TO THE DEFINITION OF IMMEDIATE FAMILY On motion of Mr. McHale, seconded by Mr. Barber, the Board withdrew its decision to refer to the Planning Commission consideration of a subdivision ordinance amendment relating to the definition of immediate family. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A,9. 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 Deer Run, Section 10, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Deer Run, Section 10, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Deer Run, Section 10, 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: Secretariat Drive Length: 0.08 mile From: End of section limits, 0.03 mile southwest of Nashua Drive To: Existing Secretariat Drive, 0.03 mile southwest of Preakness Court Guaranteed Right-of-Way Width: 50 feet. Name of Street: Nashua Drive Length: 0.09 mile From: Existing Nashua Drive, State Route 4927, 0.23 mile north of Secretariat Drive To: Secretariat Drive, 0.08 mile southwest of Preakness Court Guaranteed Right-of-Way Width: 50 feet. 98-812 Name of Street: Nashua Turn Length: 0.09 mile From: Cul-de-sac, 0.09 mile west of Nashua Drive To: Nashua Drive, 0.13 mile north of Secretariat Drive Guaranteed Right-of-Way Width: 40 feet. Name of Street: Nashua Terrace Length: 0.10 mile From: Cul-de-sac, 0.10 mile west of Nashua Drive To: Nashua Drive, 0.18 mile north of Secretariat Drive Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 51 lots. This section of Deer Run is recorded as follows: Section 10, Plat Book 81, Page 60, November 10, 1993. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Foxcroft, Section VII, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Foxcroft, Section VII, Matoaca District, meet the requirements established by the Subdivision street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHate, seconded by Mr. Barber, it is resolved that the roads in Foxcroft, Section VII, 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: 98-813 ml/12/98 Name of Street: Fox Club Parkway Length: 0.25 mile From: End of section limits at Fox Branch Lane, 0.25 mile south of Fox Crest Way, State Route 5207 To: Existing Fox Club Parkway, State Route 5201, at intersection with Fox Crest Way, State Route 5207 Guaranteed Right-of-Way Width: 70 feet. Name of Street: Fox Grove Lane Length: 0.15 mile From: Fox Club Parkway, 0.06 mile south of Fox Crest Way, State Route 5207 To: Cul-de-sac, 0.15 mile east of Fox Club Parkway, State Route 5201 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Fox Grove Place Length: 0.17 mile From: Cul-de-sac, 0.17 mile south of Fox Grove Lane To: Fox Grove Lane, 0.11 mile east of Fox Club Parkway, State Route 5201 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Fox Grove Court Length: 0.05 mile From: Cul-de-sac, 0.05 mile south of Fox Grove Lane To: Fox Grove Lane, 0.04 mile east of Fox Club Parkway, State Route 5201 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 25 lots. This section of Foxcroft is recorded as follows: Section VII, Plat Book 87, Page 94, May 9, 1995. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,A.10. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE CONTINUING DISCLOSURE AGREEMENT RELATING TO BONDS ISSUED BY RIVERSIDE REGIONAL JAIL AUTHORITY On motion of Mr. McHate, seconded by Mr. Barber, the Board authorized the County Administrator to execute a continuing disclosure agreement relating to bonds issued by Riverside Regional Jail Authority. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-814 li/i2/9S 8.A.11. TRANSFER OF FUNDS TO CONSTRUCT A PERMANENT CUL-DE-SAC ON RIVER HILLS DRIVE On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $7,000 from the completed Spruce Avenue Rural Addition Project Account to construct a permanent cul-de-sac on River Hills Drive. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.12. TRANSFER OF MIDLOTHIANDISTRICT THREE CENT ROAD FUNDS FOR LANDSCAPING, AN IRRIGATION SYSTEM AND GRADING OF THE FRONT ENTR/tNCE AT JAMES RIVER HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $3,000 from the Midlothian District Three Cent Road Fund to the School Board for landscaping, an irrigation system and grading of the front entrance at James River High School. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.13. REQUEST FOR PERMISSION FROM SAVAGE AND LENNON, INCORPORATED TO MAKE DRAINAGE IMPROVEMENTS ON COUNTY PROPERTY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Savage and Lennon, Incorporated to make drainage improvements on County property for the development of Harrowgate Place, Section 1, subject to the execution of a license agreement. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.14 APPROVAL OF A RIGHT OF ENTRY FOR THE 1-895 PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County AdminJ. strator to execute a right of entry for the construction of the 1-895 Project. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 9. ~RARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 98-815 1 /12/98 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 11. EXECUTIVE SESSION PURSUANT TO SECTION 2.1-344(A) (7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING LEGAL ISSUES RELATING TO THE DEVELOPMENT OF THE FIRST TEE PROJECT On motion of Mr. McHale, seconded by Mr. Daniel, the Board went into an Executive Session Pursuant to Section 2.1-344(A) (7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding legal issues relating to the development of The First Tee Project. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of information Act effective July 1, 1989 provides for certification that such Executive Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. 98-816 The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Daniel: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mrs. Humphrey: Aye. 12. DINNER On motion of Mr. Barber, seconded by Mr. Daniel, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Reconvening: 13. INVOCATION Dr. Ivan Perkinson, gave the invocation. Pastor of Matoaca Christian Fellowship, 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Members of Cub Scout Pack 879, Den 3, Second Year Webelos led the Pledge of Allegiance to the Flag of the United States of America. The Cub Scouts reminded citizens of their Scouting For Food Program, for the collection of nonperishable foods for the Virginia Food Bank, to help tornado victims and other people in need. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS O RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 15.1. ANDREW WAYNE MOORE, TROOP 877 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and 98-817 11/12/98 WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law~ and WHEREAS, Mr. Andrew Wayne Moore, Troop 877, sponsored by Chester Presbyterian 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, Andrew 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. Andrew Wayne Moore and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Moore, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Moore expressed appreciation to the Board for the recognition and to his parents and church sponsor for their support. 15.2. TIMOT~Y M. TARANTINO, TROOP 877 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and 98-818 11/12/98 WHEREAS, Mr. Timothy M. Tarantino, Troop 877, sponsored by Chester Presbyterian Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Timothy is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Timothy M. Tarantino and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Tarantino, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Tarantino expressed appreciation to the Board for the recognition and to his parents for their support. 15.3. SEAN PATRICK MCBREARTY, TROOP 877 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Sean Patrick McBrearty, Troop 877, sponsored by Chester Presbyterian Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and 98-819 11/12/98 WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Sean 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. Sean Patrick McBrearty 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. (It is noted that Mr. McBrearty was unable to attend the meeting, therefore, Mr. Buck Newton, Assistant Scoutmaster, accepted the resolution on his behalf.( Mr. Newton expressed appreciation to the Board for the recognition, on behalf of Mr. McBrearty. 15,4. RYAN CHRISTOPHER KAHL, TROOP 877 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Ryan Christopher Kahl, Troop 877, sponsored by Chester Presbyterian 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, Ryan is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. 98-820 11/12/98 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Ryan Christopher Kahl and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Kahl, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Kahl expressed appreciation to the Board for the recognition and to his parents and fellow scouts for their support. 15.5. PRATIK PRASAI, TROOP 877 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Pratik Prasai, Troop 877, sponsored by Chester Presbyterian 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, Pratik 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. Pratik Prasai 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. 98-821 11/12/98 Mrs. Humphrey presented the executed resolution and patch to Mr. Prasai, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Prasai expressed appreciation to the Board for the recognition, to his family for their support, and to Chester Branch Library employees for supporting his Eagle project. 15,6. CARLOS MONTEJAN0, III, TROOP 183 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and 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. Carlos Montejano, III, Troop 183, sponsored by Saint Ann's Catholic Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Carlos 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. Carlos Montejano, 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. Mrs. Humphrey presented the executed resolution and patch to Mr. Montejano, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Montejano expressed appreciation to God and to his parents for their support and to Chief Ranger Russell Johnson, at Pocahontas State Park, for supporting his Eagle project. 98-822 15.7. THOMAS A. WELTON, 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 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. Thomas Anderson Welton, 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, Andy 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. Thomas Anderson Welton and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Welton, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Welton expressed appreciation to the Board for the recognition and to his scout leader and his parents for their support. 16. REQUEST FOR MOBILE HOME pERMITS AND REZ0NING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 There were no mobile home permits and rezoning cases at this time. 11/12/98 98-823 17. PUBLIC HEARINGS 17.A, TO C0NSIDER AN ORDINkNCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 6-9 TO ELIMINATE THE NEED FOR A ZONING CERTIFICATE PRIOR TO THE ISSUANCE OF A BUSINESS LICENSE Mr. Stegmaier stated that this time and date has been advertised for a public hearing to consider an ordinance relating to eliminating the need for a zoning certificate prior to the issuance of a business license. He further stated that complaints have been received that this requirement is unnecessarily time consuming and inconvenient for the taxpayer. He stated that a team of employees from the Commissioner of Revenue's Office and the Planning Department reviewed the current process and identified options that would be more customer friendly while maintaining compliance with the Zoning Ordinances. He further stated that eliminating this Code requirement will improve the process for issuing a business license and improve the efficiency of the administration of the business license and the Planning Department's review of zoning status of business license applicants. No one came forward to speak in favor of or against this ordinance. There was brief discussion relative to the impact of the ordinance on businesses in residential areas and the Planning Department's process for reviewing zoning status of business license applicants. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 6-9 RELATING TO BUSINESS LICENSES BE IT ORDAINED by the Board of Supervisors of Chesterfield County. (1) That Section 6-9 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 6-9. Duty of license applicant to ascertain if location properly zoned and use permit issued Every person applying for a business license shall, ensure that the location for the business is properly zoned for its intended use by such business. 98-824 11/12/98 (2) immediately. That this ordinance shall become effective Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17.B. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 17-2 RELATING TO THE DEFINITIONS OF FRONTAGE AND SUBDIVISION Mr. William Poole stated that this time and date has been advertised for a public hearing to consider an ordinance relating to the definitions of frontage and subdivision. He further stated that several years ago the subdivision ordinance was amended to minimize road strip lot development -- the creation of lots along the roadway outside of the subdivision process. He stated that recently there has been a proliferation of large lot developments that are being created. He further stated that the proposed ordinance will not affect divisions that take place for immediate family members. He stated that the current ordinance requires a minimum five acre area and a minimum three hundred feet of road frontage in order to be exempt from the zoning and subdivision process. He further stated that the road frontage currently can be reduced to two hundred fifty feet if access is shared. He referenced recent cases along Belmont Road and in the Winterpock area that were legal under the current standards but did not comply with the County's intent for good planned growth over time and stated that these types of developments provide no improvements to rural roads, no dedication of rights of way and no chance for the County to recover any of the financial costs of the required capital impacts. He stated that the proposed ordinance will still allow shared access but permit a maximum of two lots to share the same access; will require the minimum road frontage to be maintained for a depth of nearly one thousand feet; will require the road frontage to be measured from the road where the parcel is accessed and to be continuous; and will clarify language regarding legal interest in property. He further stated that the proposed ordinance will not eliminate all road strip lot development and will not have an impact on family splits. He stated the Homebuilders Association of Richmond supports the proposed ordinance. There was brief discussion relative to lot size, road frontage and remaining requirements for road stripping development. Mr. Walter Marsh stated that he feels the Belmont Road Project, referenced by Mr. Poole, was a good project and stated that some people want to live on larger tracts of land. He presented a copy of a tax map to each Board member and stated that the proposed ordinance favors wide shared easements. He expressed concerns relative to the placement of accesses; the requirement for continuous length road frontage; enforcement of shared accesses; and the requirement to maintain straight 98-825 11/12/98 property lines when dividing lots. He presented each Board member with a copy of a plat, of a five-acre home site, and stated that if the ordinance is adopted, the lot will be illegal. He expressed concerns relative to the language of the proposed ordinance concerning legal family divisions of property. There being no one else to address this ordinance, the public hearing was closed. There was brief discussion relative to the division of property for home sites and amenities of the land. Mr. Poole stated that it was the intent of the proposed ordinance that the minimum width of three hundred feet or two hundred fifty feet would have to be maintained and suggested that the Board add to the proposed ordinance the word "minimum" in the fourth line of the definition of subdivision. He further stated that the ordinance does not require that a driveway be located at a common property line and that the County's intent is to do a better job of managing growth. Mr. Barber stated that the road frontage issue had been reduced to the current three hundred feet from staff's earlier recommendation of five hundred to six hundred feet. There was brief discussion relative to the interruption of road frontage and the interpretation of anomalies; inclusion of corner lots under the proposed ordinance; and enforcement of the placement of accesses by the Virginia Department of Transportation. Mr. Daniel stated that the ordinance appears to apply predominantly in the Matoaca District and that the road stripping problem will never cease. Mrs. Humphrey stated that she feels the ordinance is a good growth management tool and that she supports the ordinance. Mrs. Humphrey then made a motion, seconded by Mr. Barber, for the Board to adopt an ordinance relating to definitions of frontage and subdivision. Mrs. Humphrey clarified that her motion included the language addition of "minimum" to the fourth line of the definition of subdivision, recommended by staff. Mrs. Humphrey then called for the vote on the motion made by her, seconded by Mr. Barber, for the Board to adopt the following ordinance: A_N ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIEI,D, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 17-2 RELATING TO THE DEFINITIONS OF FRONTAGE AND SUBDIVISION BE IT ORDAINED by the Board of Supervisors of 98-826 1/12/98 Chesterfield County: (1) That Sections 17-2 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 17-2 Definitions. In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise: o o o Frontage: The continuous length of the property line of any lot, lots, .parcel or tract of land measured along a single public street, road or highway against which the land abuts. o o o Subdivision: The division of any parcel of land for residential use, into two or more lots any one of which is less than five acres, or which has road frontage on which its access is located of less than 300 feet or 250 feet if an access shared by no more than two lots or parcels is used, or which does not maintain a minimum width of 300 feet, or 250 feet if an access shared by no more than two lots or parcels is used, for a depth of 1000 feet or that necessary to create a 5 acre parcel, for the purpose, either immediate or future, of transfer of ownership or development for residential use including condominium development. Granting or extinguishing easements, and divisions of land not directed at the creation of lots or parcels for sale resulting from augmented estates, creditor/mechanics' lien suits, condemnations, assignments, involuntary partitions, judicial sales, lien priorities, plats of confirmation and open space requirements, shall not be considered an act of subdivision, as long as such division is not done for the purpose of circumventing this chapter. The term "subdivision" shall not include a single division of land into parcels where such division is for the purpose of a sale or gift to a member of the immediate family of the property owner including a partition of property owned by immediate family members. Only one such division shall be allowed per family member and shall not be for the purpose of circumventing this chapter. For the purpose of this subsection, a member of the immediate family shall be defined as any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent or parent of the owner. With respect to family subdivision all applicable requirements of the zoning ordinance shall be met and the proposed parcel shall conform to the design standards set forth in this chapter. (2) That this ordinance shall become effective immediately upon adoption. 98-827 11/12/98 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17 .C. TO CONSIDER APPROPRIATION OF $700,000 IN FY98 UNSPENT APPROPRIATIONS TO ADDRE$~ THE FY99 COST OF THE UNIFIED PAY PLAN Ms. Dickson stated that this time and date has been advertised for a public hearing to consider the appropriation of $700,000 in FY98 unspent appropriations to address the FY99 cost of the Unified Pay Plan. No one came forward to speak in favor of or against this issue. On motion of the Board, the Board appropriated $700,000 in FY98 unspent appropriations to address the Unified Pay Plan and transferred up to $400,000 from Non-Departmental appropriations for the Unified Pay Plan in FY99. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Warren congratulated the Brandermill Community Association for being selected by the Central Virginia Chapter of the Community Association Institute as the Community Association of the Year for 1998. He stated that this prestigious award is given to the community association that has demonstrated excellence in leadership and vision through their promotion of the goals of preserving and enhancing the quality of life of its residents. 18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no remaining zoning cases at this time. 19. ADJOURNMENT On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adjourned at 8:20 p.m. until November 13, 1998 at 12:00 noon at the Crestar Headquarters Building for the Regional Summit. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. County ini st r~/t or Chairman 98-828 11/12/98