11-24-1998 MinutesBOARD OF SUPERVISORS
MINUTES
November 24, 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:
Dr. William Bosher, Jr.
Supt., School Board
Mr. Craig Bryant, Dir.,
Utilities
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Legislative Services
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 H. Edward James,
Dir., Pubchasing
Mr Donald Kappel, Dir.,
Public Affairs
Mr Louis Lassiter, Dir.,
Internal Audit
Ms Mary Lou Lyle,
Dir., Accounting
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Gary R. McLaren, Dir.,
Economic Development
Mr Steven L. Micas,
County Attorney
Mr Richard Nunnally,
Extension Agent
Mr Francis Pitaro, Dir.,
General Services
Mr William D. Poole, Asst.
Dir., Planning
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Dr. Robert Wagenknecht,
Dir., Libraries
- 98-842
11/24/98
Ms. Judy L. Worthington,
Circuit Court Clerk
Mrs. Humphrey called the regularly scheduled meeting to order
at 3:05 p.m.
1. APPROVAL OF MINUTES
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved the minutes of November 12, 1998, as submitted.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Dr. Eugene Trani, President of Virginia Commonwealth
University (VCU), presented a brief overview on activities
and projects at the University. He stated that the
enrollment at VCU has increased over the past eleven years
by over 4,000 students; that 220 graduates of County high
schools entered VCU in the Fall of 1995; that 368 County
high school graduates entered VCU in the Fall of 1998; and
that County residents enrolled at VCU include 1,261
undergraduate students, 424 graduate students, and 62
first professional students. He further stated that at
the last commencement 441 County students were awarded
degrees and that over the past three years, 848
Baccalaureate degrees, 72 Certificates, 410 Master's
degrees, 31 Doctorate degrees and 62 first professional
degrees have been awarded to County students -- for a
three year total of 1,429. He stated that this year's
School of Engineering class consists of 160 students, 35
of whom are County high school graduates, and that 70, of
the approximately 400 students enrolled in the School of
Engineering, are County high school graduates. He further
stated that the University is pleased with its
relationship with the County and to have Dr. Bosher as a
member of the University's faculty. He stated that on
November 20, 1998 the School of Engineering opened a $50
million complex, a $30 million teaching and research
facility and a $20 million clean room facility with 7,500
square feet of classroom space. He further stated that
Phase II of the School of Engineering will include a
biomedical building with a research facility. He stated
that other construction transpiring at the University
include the Siegel Center--scheduled to open in January,
1999; a $16 million Fine Arts Building scheduled to open
in July, 1999; and a $26 million Life Sciences Building
scheduled for ground breaking on January 19, 1999. He
further stated that the University is pleased to be a part
of the Surgery Center in the County with Bon Secours and
Southside Regional Medical Center. He then presented an
overview of the Cambridge Phenomenon which links
centrality of universities to high tech development and
1/24/98
98-843
demonstrated how they play a major role in the State. He
referenced the Interstate 64/Interstate 95 Corridor and
stated that the Richmond metropolitan area is one of the
ten most improved places for business in North America.
He further stated that high tech businesses developing in
the area include White Oaks Semiconductor; Siemens-
Motorola; and two new developments in Virginia
Biotechnology Research Park -- construction of a sixth
building for a French company, Degremont, and relocation
of Commonwealth Biotechnology to the County. He stated
that the University's School of Engineering will have the
only undergraduate biomedical engineering program between
Johns-Hopkins University and Duke University. He then
reviewed and acknowledged the thriving corporate scene in
the Richmond Metropolitan Area including the County
corporate research facilities of Reynolds Metals, DuPont
and Allied Signal. He reviewed the population base on the
Interstate 64 Corridor and stated that VCU is conveniently
located. He further stated that the Richmond Metropolitan
Area is noted for higher education; government, commerce,
industry and job growth; and history, recreation and
leisure. He then reviewed contrasting challenges and
opportunities including lessons for Cambridge and the
Richmond metropolitan area. He expressed concerns
relative to metropolitan area high school graduates being
prepared to take the technological jobs that will be
arriving in the area. He expressed appreciation for the
relationship between the County and the University.
Mr. Warren expressed appreciation to Dr. Trani for his
leadership.
Mr. Kirby Brooks, General Manager of Comcast Cablevision,
stated that ninety-nine percent of the homes in the County
now have cable television availability and that just over
seventy percent of the homes now subscribe to some portion
of the cable system. He presented an overview of the
system upgrade status report of Comcast Cablevision
including thefr commitment to finish rebuilding within
three years; better pictures; improved service; and
increased channel capacity. He then reviewed the scope of
the project; the rebuilding schedule; and Comcast's "New"
System. He reviewed improved service/pictures and stated
that the average trouble calls have reduced by thirty-one
percent since the completion of the rebuild. He then
reviewed new cable channels; a new telecommunications
service; customer service commitment; cable availability;
and commitment to the community. He stated that the
system rebuild is now one hundred percent complete.
There was brief discussion relative to the one percent of
homes that do not have access to cable television and the
reduced number of service calls.
Mr. Barber commended Mr. Brooks for his dedication to
Comcast Cablevision and stated that he feels Comcast has
fulfilled its commitment to the franchise agreement.
11/24/98
98-844
Mr. Nouri Ahmed, President of the Association of
Government Accountants of the Richmond Chapter,
accompanied by Mr. Mike Westfall, the County's Audit
Manager, stated that Mr. Ramsey received the Association
of Government Accountants Distinguished Local Government
Leadership Award in Sacramento, California on October 20,
1998. He further stated that the award recognizes local
government officials who exemplify and promote excellence
in government financial management and have demonstrated
outstanding leadership in enhancing sound financial
management, legislation, regulations, practices, policies
and systems. He stated that Mr. Ramsey was recognized for
numerous accomplishments including being one of only
twenty-eight counties in the Nation that has a Triple AAA
Bond Rating; being the only county in the State to receive
the United States Senate Productivity and Quality Award
Gold Medallion; and Chesterfield being ranked in the top
twenty up-and-coming counties by a variety of sources. He
further stated that the Association of Government
Accountants serves professionals in the government and
financial management community by providing quality
education; fostering professional development and
certification; and supporting standards and research to
advance government accountability. He then introduced Mr.
Ramsey and presented him a membership certificate plaque
entitling him into both the local chapter and the National
Association of Government Accountants. He congratulated
Mr. Ramsey on the many accomplishments which led to him
being the recipient of the Distinguished Local Government
Leadership Award.
Mr. Ramsey stated that the accomplishments are due to the
efforts of staff and the Board of Supervisors and that he
is honored to receive this recognition.
Mr. Fred Carreras, Chairman of the Drug and Alcohol Abuse
Task Force, stated that the funding for the "Use and Lose"
Campaign being presented to the Board will cost
approximately $60,000 and expressed appreciation to the
Board for their consideration of the proposal. He then
introduced Ms. Kay Drew, Chairperson of Chesterfield
Alliance for Drug Rehabilitation and Education (CADRE).
Ms. Drew presented an overview of the Use and Lose
initiative being implemented by Substance Abuse Free
Environment (SAFE). She displayed a brochure entitled
"Use and Lose" and stated that students will lose parking
privileges for drug and alcohol offenses. She then
displayed a Use and Lose sign that will be placed in the
rear of school buses above the emergency door. She stated
that the parking decals and the bus signs have been funded
by CADRE. She then introduced Mr. Jimmy Gibson, designer
and Art Director of GF&T, Incorporated.
Mr. Gibson presented each Board member with a media
campaign proposal packet and stated that the campaign is
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11/24/98
unique in that it takes drug and alcohol prevention a step
further by notifying students about its policy for drug
and alcohol offenses. He stated that the County has a
severe policy for drug and alcohol offenses. He further
stated that different messages have been designed for high
school, middle school and elementary school audiences and
noted that a message has also been designed to inform
parents about the campaign. He displayed a copy of the
"You Need to Know -- Use and Lose" logo for the campaign
and stated that Chesterfield County Public Schools is
listed at the bottom of the logo. He further stated that
the logo will appear on all transactions of the campaign
to create brand awareness to the campaign and identify the
message of the campaign. He also displayed copies of some
of the campaign advertisements and stated that short
commercials have been prepared for the different audiences
through closed circuit television. He further stated that
high school audiences are being targeted through
advertisements relating to loss of parking passes. He
stated that loss of parking passes is not applicable to
middle school students and displayed advertisements
regarding locker checks that would be used for middle
school students and advertisements that would focus on
elementary students as well as community brochures.
There was brief discussion relative to the placement of
the logo on County school buses.
Ms. Drew stated that the ~Use and Lose" Campaign is
beginning with substance abuse and that eventually the
Campaign will be expanded to other areas that would cause
students to lose privileges.
Mrs. Humphrey stated that she would like the Campaign logo
to be shared by the School Board and the Board of
Supervisors.
Ms. Drew stated that the first phase of the Campaign has
already been funded through CADRE fundraisers. She
further stated that the funds being requested will pay for
the media campaign proposal and that, hopefully, the
campaign will be copyrighted.
When asked, Dr. Bosher stated that the School System has
endorsed the ~Use and Lose" Campaign.
Mr. Daniel commended everyone involved with the
collaboration towards the "Use and Lose" Campaign and
stated that he feels the request for funding needs to be
taken under advisement.
There was brief discussion regarding funding of the
Campaign.
Mr. Barber stated that he would like to give the County
Administrator the flexibility of bringing an agenda item
before the Board for funding of the "Use and Lose"
98-846
initiative and stated that it may be possible for the
Board to contribute a portion of the Campaign funding
before the budgeting process in order to continue the
momentum of the program.
Mr. Ramsey introduced Mr. Donald Dodson, audit partner
with Deloitte and Touche, LLP.
Mr. Dodson introduced Ms. Sarah Gardner, senior auditor on
the County's FY98 Comprehensive Annual Financial Report,
and stated that he and Ms. Gardner met with the Budget and
Audit Committee and reported the results of the
examination and an unqualified opinion on the financial
statements of the County. He stated that the firm had
received the complete cooperation of the Accounting
Department and were given access to all requested records.
He presented the FY98 Comprehensive Annual Financial
Report to the Board.
Mr. Ramsey recognized Ms. Lyle and Mr. Jeff Franklin,
Accounting Manager, and commended them for their efforts
towards the annual Financial Report and stated that the
report was the first to be delivered by any locality in
the State.
Mr. McHale commended the Accounting Department for
producing a high quality document and delivering it
timely.
Mr. Ramsey introduced Ms. Susan Craik, of the Extension
Service Office, who recognized members of the Litter Task
Force who were present at the meeting. She stated that
the Task Force is approaching the litter problem through
education, enforcement, cleanup and public awareness. She
then recognized Ms. Dawn Lerch from the Extension Service
Office and Mr. Ellis Britton with the Fire Department, who
have produced a five minute video educating the public
regarding litter control and stated that the video won a
first place award from Keep Virginia Beautiful. She
further stated that every driver's education student in
the County will view the video this year. She stated that
Lieutenant James Stanley, of the Police Department, is
working with patrolmen in the enforcement and cleanup area
and that Lieutenant Mike Rubio, of the Sheriff's Office,
is working with the Inmate Work Force who cleans up a part
of Route 10 monthly. She further stated that the
information has been distributed to make the public aware
of the litter problem and the fine involved. She stated
that the Task Force is currently working in a cooperative
effort with the Adopt-A-Highway Program of the Virginia
Department of Highways, the County and Shoosmith Brothers,
Incorporated on a pilot program for waiving the landfill
disposal fee for the Adopt-A-Highway Program. She
recognized employees of Shoosmith Brothers, Incorporated
for their efforts towards litter control and submitted
into the record a copy of a letter from Shoosmith
Brothers, Incorporated expressing its desire to partner in
98-847
the Adopt-A-Highway program. She stated that there will
be a media event on December 10, 1998 where the first of
one hundred signs designed by the Task Force will be
placed throughout the County. She displayed the sign
developed by the Task Force entitled "Chesterfield Let's
Keep It Clean, You Can be Fined Up to $2500 for Littering~
and expressed appreciation to the Board for their support
of the Task Force.
Mrs. Humphrey expressed appreciation to Ms. Craik for the
efforts of the Task Force towards the reduction of litter.
There was brief discussion relative to the enforcement of
the penalty for littering.
3. BOARD COMMITTEE REPORTS
Mr. Daniel stated that he and Mr. McHale attended the Henricus
Foundation dinner on November 21, 1998 and presented the Board
with a book entitled Virginia's Past Today written by Mr.
Chiles Larson.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
RECOGNIZING BATTALION CHIEF DAVID E. BARFIELD, FI~E
D~PARTMENT, UPON HIS RETIREMENT
Chief Elswick introduced Battalion Chief David Barfield who was
present to accept the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Battalion Chief David E. Barfield began serving
Chesterfield County citizens at the age of sixteen, in 1955,
when he became a volunteer Firefighter with the Bon Air
Volunteer Fire Department, where he rose through the ranks to
become District Chief, and served until 1967; and
WHEREAS, Chief Barfield was employed by the Chesterfield
Fire Department as the County's first Fire Inspector in 1967;
developed Chesterfield's first Fire Prevention Code and Fire
Prevention Inspection Program; and was instrumental in forming
Chesterfield County's District Chiefs Association, to support
our volunteer leaders and maximize our resources, as the
highest level of emergency services possible is provided for
our citizens; and
WHEREAS, Chief Barfield has been a vital member of the
Fire Department, serving in many notable positions including
Fire Marshal in charge of the Fire Prevention Bureau; Battalion
Chief assigned to Emergency Operations, where he took the
initiative to develop the Hazardous Materials Team; Chief of
the Training and Safety Division, where he trained the County's
first Firefighters to the Emergency Medical Technician level in
1978; and as Chief of Maintenance and Logistics, developing
Chesterfield's first specifications for pumpers and aerial
11/24/98
98-848
apparatus; and
WHEREAS, Chief Barfield was appointed as the Department's
first Deputy Chief of Support Services and became a trusted
mentor for his division heads who will always remember his
guidance, support and virtue; and
WHEREAS, Chief Barfield has been instrumental in the
planning and design stages of new stations such as the Bon Air,
Dale, Airport and Bensley Fire Stations~ new facilities for the
Forest View and Bensley-Bermuda Volunteer Rescue Squads; and
construction of the Eanes-Pittman Public Safety Building; and
WHEREAS, Chief Barfield has taken on prominent roles in
County projects such as serving on the Preservation Committee
for Eppington; overseeing the design of the new Public Safety
Training Complex in Enon; pursuing his interest in training by
serving as an Adjunct Instructor and an Instructor Trainer for
the Virginia Department of Fire Programs; and serving as an
Adjunct Faculty member for the Fire Science Program at J.
Sargeant Reynolds Community College; and
WHEREAS, throughout his career, Chief Barfield excelled in
his performance by living and promoting moral and ethical
principles, which helped establish Chesterfield Fire
Department's standards of professionalism and integrity.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Battalion Chief
David E~ Barfield for thirty-one years of dedicated service and
extends its congratulations and best wishes upon his
retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Chief Barfield and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
Mrs. Humphrey presented the executed resolution to Chief
Barfield, accompanied by his son, expressed appreciation for
his dedicated service to the County, and wished him well in his
retirement.
Volunteer District Chief Brian Barfield presented his father
with a shadowbox containing his badges.
Chief Barfield expressed appreciation to the Board for the
recognition and also to members of the Fire Department and
other County departments for their support and leadership over
the years.
98-849
REOUESTS TO POSTPONE ACTION, ADDITIONS OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. Barber, seconded by Mr. McHale, the Board
replaced Item 8.D.6.d., Award of Contract to Kenbridge
Construction Company for the Construction of the New Juvenile
and Domestic Relations Courts Facility; added Item 8.D.13., Set
Date for Public Hearing for an Inducement Grant for the
Acquisition of Fourteen Acres in the Appomattox Industrial
Center; replaced Item 11., Executive Session Pursuant to
Section 2.1-344A.7., Code of Virginia, 1950, as Amended, for
Legal Advice by Counsel Involving James Gregory, Sr., et al. v.
Board of Supervisors; moved Item 8.C., Adoption of the 1999
Legislative Program to follow Item 14., Pledge of Allegiance to
the Flag of the United States of America and, adopted the
Agenda, as amended.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
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. STREETLIGHT INSTALLATION COST APPROVALS
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Warren, the Board approved the following streetlight
installation cost approvals:
Bermuda District
* Chipstead Road and Rockbridge Road,
north intersection, Hidden Valley Subdivision
Cost to install light: $4,638.89
* Jumping Mallard Place and Southcreek Drive,
Southcreek Subdivision
Cost to install light: $5,971.56
* Broadbill Drive and Southcreek Drive,
Southcreek Subdivision
Cost to install light: $5,971.56
* Creekbank Court in the cul-de-sac,
Southcreek Subdivision
Cost to install light: $1,894.61
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11/24/98
Dale District
* Heybridge Drive and Partingdale Road,
Newberry Towne
Cost to install light: $637.09
* Hopkins Road, vicinity of 8319,
Central Chesterfield Church of Christ
(No cost to install light)
And, further, the Board deferred the following streetlight
installation cost approvals until June 23, 1999:
Bermuda District
* Southcreek Court, in the cul-de-sac,
Southcreek Subdivision
Cost to install light: $4,087.81
* Broadbill Drive, in the cul-de-sac,
Southcreek Subdivision
Cost to install light: $5,383.14
* Jumping Mallard Place, in the cul-de-sac,
Southcreek Subdivision
Cost to install light: $5,029.68
* Crayfish Terrace, in the cul-de-sac,
Southcreek Subdivision
Cost to install light: $3,438.04
And, further, the Board deferred the following streetlight
installation cost approvals until February, 1999 to give staff
a chance to speak with area residents:
Bermuda District
* Mistora Road and South Street,
Searcy Subdivision
(No cost to install light)
* Lucia Drive, vicinity of 16114,
Searcy Subdivision
(No cost to install light)
* Mimi Avenue, vicinity of 2804,
Searcy Subdivision
(No cost to install light)
* Ida Avenue, vicinity of 2809,
Searcy Subdivision
(No cost to install light)
* Meridian Avenue, vicinity of 16008,
Ivey Tract Subdivision
98-851
(No cost to install light)
It is noted that the following streetlight installation cost
approvals were administratively approved:
Bermuda District
Crayfish Court, in the cul-de-sac
Southcreek Court and Southcreek Drive
Creekbank Court and Southcreek Drive
Beechwood Avenue and Whitehouse Road, existing pole
Pineland Avenue, existing pole, vicinity of 3004
Pineland Avenue existing pole, vicinity of 3016
Pineland Avenue, existing pole, vicinity of 3021
Pineland Avenue existing pole, vicinity of 3100
Pineland Avenue, existing pole, vzcmnity of 3105
Pineland Avenue, existing pole, vzcmnity of 3113
Pineland Avenue existing pole, vicinity of 3121
Mimi Avenue and Roland Drive, existmng pole
Dale District
Ronson Road, existing pole, vicinity of 5210
Bluffside Drive and Dalebrook Avenue, existing pole
Matoaca District
Hull Street Road, existing pole, vicinity of 14001
Boisseau Street and Second Avenue, existing pole
Midlothian District
Huguenot Road and Scherer Drive, existing pole
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8.B. APPOINTMENTS
On motion of Mr. Daniel, seconded by Mr. McHale, the Board
deferred consideration of a member, representing the Dale
District, to serve on the Committee on the Future until January
27, 1999.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
98-852
11/24/98
Nays: None.
8.D. CONSENT ITEMS
8.D.1. ADOPTION OF RESOLUTIONS
8.D.l.a. CONFIRMING PROCEEDINGS OF THE C~ESTERFIELD INDUSTRIAL
DEVELOPMENT AUTHORITY FOR FINANCING OF INDUSTRIAL
REVENUE BONDS FOR SENIOR LIVING CHOICES
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA, AS "APPLICABLE
ELECTED REPRESENTATIVE" OF SUCH COUNTY, APPROVING
THE ISSUANCE OF AN ISSUE OF NOT TO EXCEED
$36,500,000 PRINCIPAL AMOUNT OF INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD
MORTGAGE REVENUE REFUNDING BONDS (BRANDERMILL
WOODS PROJECT), SERIES 1998, FOR PURPOSES OF
SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF CHESTERFIELD, VIRGINIA:
SECTION 1. Findings and Determinations. The Board of
Supervisors (the "Board") of the County of Chesterfield,
Virginia (the "County"), hereby finds and determines as
follows:
(a) On June 26, 1991, the Board adopted a resolution
approving the issuance for purposes of Section 147(f) of the
Internal Revenue Code of 1986 (the "Internal Revenue Code") of
an issue of Industrial Development Authority of the County of
Chesterfield, Virginia, Mortgage Revenue Bonds (Brandermill
Woods Project).
(b) On September 30, 1991, the Industrial Development
Authority of the County of Chesterfield (the "Authority")
issued $50,726,716 aggregate principal amount of its Mortgage
Revenue Bonds (Brandermill Woods Project), dated August 1,
1991, consisting of $42,500,000 principal amount of its
Mortgage Revenue Bonds (Brandermill Woods Project), Series
1991A Term Bonds (the "Series 1991A Term Bonds"), $1,526,700
principal amount of its Mortgage Revenue Bonds (Brandermill
Woods Project), Series 1991A Deferred Interest Bonds (the
"Series 1991A Deferred Interest Bonds" and, collectively with
the Series 1991A Term Bonds, the ~Series 1991A Bonds"),
$3,200,016 principal amount of its Mortgage Revenue Bonds
(Brandermill Woods Project), Subordinate Series 1991B Bonds
(the ~Subordinate Series 1991B Bonds"), and its $3,500,000
principal amount of Mortgage Revenue Bonds (Brandermill Woods
Project), Taxable Series 1991C (the "Taxable Series 1991C Bonds
and, collectively with the Series 1991A Bonds and the Series
1991B Bonds, the "Series 1991 Bonds"), to finance the
acquisition, construction, equipping and operation of a project
11/2 /98
98-853
for the residence or care of the aged known as the Brandermilt
Woods Project located in Midlothian, Virginia, consisting of
197 independent living units, 60 assisted living units, 60
nursing care beds and certain common facilities (the
~Project"), to be owned by Senior Living Choices, Inc., a
Pennsylvania nonprofit corporation (the "Company").
(c) Subsequent to the issuance of the Series 1991 Bonds
and payment in full at their stated maturities of the Taxable
Series 1991C Bonds, the Company filed a petition for relief
under Chapter 11 of the United States Bankruptcy Code with the
United States Bankruptcy Court for the Eastern District of
Virginia (the ~Bankruptcy Court") on September 8, 1997.
(d) On November 13, 1998, the Bankruptcy Court entered its
order confirming the Second Amended Joint Plan of
Reorganization filed by First Union National Bank, as Trustee,
and the holders of the Series 1991A Bonds on August 14, 1998
(the ~Plan").
(e) Pursuant to the Plan, the board of directors of the
Company will be reconstituted.
(f) In view of the fact that the Taxable Series 1991C
Bonds have been paid in full at their stated maturities and the
Subordinate Series 1991B Bonds will be cancelled pursuant to
the terms of the Plan upon the issuance of the Series 1998
Bonds (as defined hereinafter), the Series 1991A Bonds are the
only series of the Series 1991 Bonds that remain outstanding.
(g) To refinance the cost of the Project and to refund the
Series 1991A Bonds, the Plan contemplates the issuance by the
Authority of an issue of not to exceed $36,500,000 principal
amount of Industrial Development Authority of the County of
Chesterfield Mortgage Revenue Refunding Bonds (Brandermill
Woods Project), Series 1998 (the ~Series 1998 Bonds"), which
Series 1998 Bonds will be exchanged for the Series 1991A Bonds.
(h) Contemporaneously with the issuance of the Series 1998
Bonds, the holders of the Series 1991A Bonds will submit the
same to the Trustee for cancellation and the Authority will
deliver the Series 1998 Bonds to the holders of the Series
1991A Bonds.
(i) A public hearing was held by the Authority on November
18, 1998, following reasonable public notice in accordance with
the provisions of Section 147(f) of the Internal Revenue Code
and Section 15.2-4906 of the Code of Virginia, 1950, and the
Authority has conveyed to the Board a reasonably detailed
summary of the comments expressed at the hearing.
(j) Under the provisions of Section 147(f) of the Internal
Revenue Code, it is necessary for the Board as the ~applicable
elected ' ,,
representatzve of the County, after the Authority's
public hearing referred to in subsection (i), to approve the
issuance of the Series 1998 Bonds in order for the interest on
the series 1998 Bonds to be excludable from gross income for
98-854
purposes of federal income taxation.
(k) The Board has determined to approve the issuance of
the 1998 Bonds for purposes of Section 147(f) of the Internal
Revenue Code.
SECTION 2. Approval of I~suance of Series 1998 Bonds for
Purposes of Section 147(f) of the Internal Revenue Code of
1986. The Board, as "applicable elected representative" of the
County, hereby approves the issuance of the Series 1998 Bonds
in an aggregate principal amount of not to exceed $36,500,000
for purposes of Section 147(f) of the Internal Revenue Code.
SECTION 3. No Liability of County for Series 1998 Bonds.
The County's approval of the issuance of the Series 1998 Bonds
is not an endorsement of the Project or a representation
regarding the viability of the Company. The County shall have
no liability for or obligation to pay the principal of or
premium, if any, or interest on the Series 1998 Bonds to be
issued by the Authority and such Series 1998 Bonds shall not be
deemed to constitute a debt or a pledge of the faith and credit
of the County. Neither the full faith and credit nor shall the
taxing power of the County shall be pledged to the payment of
the principal of such Series 1998 Bonds or the premium, if any,
or interest thereon or other costs incident thereto.
SECTION 4. Effectiveness of Resolution.
shall take effect upon its adoption.
This resolution
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8 .D.1 .b.
CONFIRMING PROCEEDINGS OF T~E CHESTERFIELD INDUSTRIAL
DEVELOPMENT AUTHORITY FOR ISSUANCE OF INDUSTRIAL
REVENGE BONDS TO ASSIST THE RIC~IMOND BETTER HOUSING
COALITION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Industrial Development Authority of the
County of Chesterfield (the "Authority"), has considered the
application of Affordable Residences in Chesterfield, II (the
"Applicant"), requesting 'the issuance of the Authority's
revenue bonds in an amount estimated not to exceed $7,000,000
(the ~Bonds") to finance the acquisition, construction and
equipping of a 240-unit housing development, to be located at
7400 Park Lee Place, Richmond, in Chesterfield County, Virginia
(the ~County") (the "Project"); and
WHEREAS, the Authority on November 18, 1998, has held a
public hearing on the issuance of the Bonds; and
WHEREAS, the Authority has requested the Board of
Supervisors (the ~Board") of the County to approve the issuance
98-855
of the Bonds to comply with Section 147(f) of the Internal
Revenue Code of 1986, as amended ("the Code"), and Section
15.2-4906 of the Code of Virginia of 1950, as amended (the
~Virginia Code"); and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed upon,
a record of the public hearing and a ~fiscal impact statement"
with respect to the issuance of the Bonds have been filed with
the Board;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
1. The Board hereby approves the issuance of the Bonds by
the Authority for the benefit of the Applicant, as required by
Section 147(f) of the Code and Section 15.2-4906 of the
Virginia Code, to permit the Authority to issue the Bonds for
the purpose set forth above.
2. Approval of the issuance of the Bonds, as required by
Section 147(f) of the Code and Section 15.2-4906 of the
Virginia Code, does not constitute an endorsement of the Bonds
or the creditworthiness of the Applicant. As required by
Section 15.2-4909 of the Act, the Bonds shall provide that
neither the County nor the Authority shall be obligated to pay
the Bonds or the interest thereon or other costs incident
thereto except from the revenues and moneys pledged therefor,
and neither the faith and credit nor the taxing power of the
Commonwealth of Virginia, the County or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8,D.1.¢, PERMITTING THE ISSUANCE OF PENINSULA PORTS AUTHORITY
HEALTH SYSTEM REFUNDING BONDS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Peninsula Ports Authority of Virginia, whose
principal business address is 12350 Jefferson Avenue, Suite
230, Newport News, Virginia 23606 (the ~Authority"), has
conducted a joint public hearing, after notice, on October 21,
1998, a date within sixty (60) days prior to the date of the
adoption of this Resolution, on behalf of the Authority,
Gloucester County, Mathews County, Isle of Wight County, the
Town of Smithfield, Chesterfield County, the Town of West
Point, the City of Virginia Beach and the City of Newport News,
on the plan of financing Riverside Healthcare Association, Inc.
(~Riverside Healthcare"), whose principal business address is
606 Denbigh Boulevard, Suite 601, Newport News, Virginia 23602,
11/24/98
98-856
Riverside Hospital, Inc. (the "Hospital"), whose principal
business address is 500 J. Clyde Morris Boulevard, Newport
News, Virginia 23601 and certain of the affiliates of Riverside
Healthcare and of the Hospital, all of which are not-for-profit
Virginia corporations which are described in Section 501(c) (3)
of the Internal Revenue Code of 1986, as amended (the "Code"),
and exempt from tax under Section 501(a) of the Code
(collectively, ~Riverside") for the issuance of the Authority's
Health System Revenue Refunding Bonds in an amount not to
exceed $62,000,000 (the "Bonds") to assist Riverside in (a)
refunding all or a portion of the outstanding principal balance
of the Authority's $64,370,000 Health System Revenue and
Refunding Bonds (Riverside Health System Project), Series 1992-
A (the ~1992 Bonds"), (b) funding a reserve fund for the Bonds
and (c) financing certain issuance costs incurred in connection
with the issuance of the Bonds; and
WHEREAS, the proceeds of the 1992 Bonds assisted Riverside
in (a) financing (1) the purchase of certain medical and other
equipment supportive of or incidental to the health care
functions of the Hospital, including, without limitation,
operating room, radiology, laboratory, heart catherization,
computer and radiation therapy equipment, (2) improvements, and
renovations to the Hospital and (3) the construction of a
three-story building to house a new energy plant and
administrative offices, all to be located at or near the site
of the Hospital; and (b) refinancing (1) the Medical Facilities
Revenue Note (Riverside Healthcare Association, Inc.) Series of
1985, issued by the Authority in 1985 in the original aggregate
principal amount of $20,000,000 (the ~Series 1985 Bonds"), (2)
the Medical Facilities Revenue Note (Riverside Healthcare
Association, Inc.) issued by the Industrial Development
Authority of Gloucester County, Virginia (the "Gloucester
Authority") in 1987 in the original aggregate principal amount
of $12,250,000 (the ~Series 1987 Bonds"), and (3) the Variable
Rate Demand Revenue Bonds (Virginia Beach Convalescent Center
Project) Series 1990, issued by the City of Virginia Beach
Development Authority in 1990 in the original aggregate
principal amount of $2,700,000 (the ~Series 1990 Bonds"); and
WHEREAS, the Series 1985 Bonds were issued to finance a
portion of the cost of (a) the construction, equipping and
furnishing of a medical laboratory on the grounds of Patrick
Henry Hospital, Inc., 1000 Old Denbigh Boulevard, Newport News,
Virginia 23602, (b) the purchase and installation of a free-
standing in-house computer system for use in the operation and
management of the health care facilities owned and operated by
Riverside located at the Hospital, (c) the acquisition,
construction and equipping of a wellness and fitness center
located at 11621 Robious Road, Midlothian, Virginia 23113 and
owned by Riverside Wellness and Fitness Centers, Inc., (d) the
construction, equipping and furnishing at 866 Denbigh
Boulevard, Newport News, Virginal 23602 of a 50-unit retirement
living village owned and operated by Riverside Retirement
Services, Inc., and (e) the acquisition, construction and
equipping of a 60 bed nursing home at 2960 Chelsea Road, West
Point, Virginia 23181 owned and operated by Patrick Henry
11/24/98
98-857
Hospital, Inc.; and
WHEREAS, the Series 1987 Bonds were issued to refund the
outstanding principal balance of the Gloucester Authority's
Medical Facilities Revenue Notes (Riverside Healthcare
Projects) issued December 23, 1983, in the aggregate principal
amount of $15,000,000 to finance and refinance a portion of the
cost of the acquisition, construction and/or equipping of
certain medical facilities for Riverside, including (a) Walter
Reed Memorial Hospital, a 71-bed acute care hospital owned and
operated by Riverside Middle Peninsula Hospital, Inc., on Route
17 in Gloucester County, Virginia 23061, (b) the Mathews
Convalescent Center, a 59-bed nursing home facility owned and
operated by Patrick Henry Hospital, Inc., on Route 14 in
Mathews County, Virginia 23109, (c) the Smithfield Convalescent
Center, a 95-bed nursing home facility owned and operated by
Patrick Henry Hospital, Inc., at 200 Lumar Road in the Town of
Smithfield, which is in Isle of Wight County, Virginia, and (d)
(1) a 385-bed nursing home facility owned and operated by
Patrick Henry Hospital, Inc., at 1000 Old Denbigh Boulevard,
(2) a 75-bed rehabilitation hospital operated by Rehabilitation
Institute of Virginia, Inc., at 245 Chesapeake Avenue, and (3)
the Hospital, each in the City of Newport News, Virginia; and
WHEREAS, the Series 1990 Bonds were issued to finance the
acquisition, construction and equipping of a nursing home
consisting of 60 beds located at 1604 Old Donation Parkway in
the City of Virginia Beach, Virginia originally owned by
Patrick Henry Hospital, Inc. and now owned by Long Term Care
Associates, Inc.; and
WHEREAS, Section 147(f) of the Code provides that the
governmental unit having jurisdiction over the area in which
any facility financed with the proceeds of private activity
bonds is located must approve the issuance of the bonds; and
WHEREAS, certain of the facilities being refinanced with
the proceeds of the Bonds (the "Facilities") are located in
Chesterfield County, Virginia (the ~County"), and the Board of
Supervisors of the County (the "Board") constitutes the highest
elected governmental unit of the County; and
WHEREAS, the Authority has requested the Board to ratify
the public hearing and approve the issuance of the Bonds and
the plan of financing to comply with Section 147(f) of the Code
and the Code of Virginia of 1950, as amended (the "Virginia
Code"); and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed upon,
(the "Authority Resolution"), a record of the public hearing
and a fiscal impact statement have been filed with the Board;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD
COUNTY, VIRGINIA:
1. The recitals made in the "WHEREAS~ clauses to this
98-858
11/24/98
Resolution are hereby adopted as part of this Resolution.
2. The Board hereby ratifies in the joint public hearing
held on its behalf by the ~thority on October 21, 1998, and
the publication of notice thereof.
3. The Board hereby concurs in the Authority Resolution
adopted by the Authority on October 21, 1998, a copy of which
is attached hereto.
4. The Board hereby approves the issuance of the Bonds by
the Authority for the benefit of Riverside, to the extent
required by Section 147(f) of the Code and by the Virginia
Code.
5. Ratification of the joint public hearing, concurrence
in the Authority Resolution, and approval of the issuance of
the Bonds and the plan of financing do not constitute an
endorsement to a prospective purchaser of the Bonds of the
creditworthiness of the Facilities or of Riverside, and, as
required by Virginia law, neither the Commonwealth of Virginia
nor any political subdivision thereof, including the County and
the Authority, shall be obligated to pay the Bonds or the
interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefor by Riverside, and
neither the faith and credit nor the taxing power of the
Commonwealth or any political subdivision thereof, including
the County and the Authority, shall be pledged thereto.
6. Pursuant to the ].imitations contained in Temporary
Income Tax Regulations Section 5f.103-2(f) (1), this Resolution
shall remain in effect for a period of one year from the date
of its adoption.
7. The County, including its elected representatives,
officers, employees and agents, shall not be liable and hereby
disclaims all liability for any damage to Riverside, direct or
consequential, resulting from the Authority's failure to issue
the Bonds for any reason.
8. This Resolution shall take effect immediately upon its
adoption.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8,D.2. REQUESTS FOR PERMISSION
8.D.2.a. JOSEPH S. BEAR AND ELIZABET~ S. BEAR TO INSTALL WATER
SERVICE FOR A RESIDENCE AT 2055 LOGAN STREET
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Joseph S. Bear and Elizabeth S. Bear to
98-859
install a private water service for a residence at 2055 Logan
Street, subject to the execution and recordation of an
agreement acceptable to the County Attorney. (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.2.b.
IRONGATE MEDICAL-DElqTAL ASSOCIATES AND H & B
ASSOCIATES, INCORPORATED TO HAVE CONCRETE CURB AND
GUTTER ENCROACH WITHIN ANEXISTINGTWENTY FOOT WATER
EASEMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Irongate Medical-Dental Associates and
H & B Associates, Incorporated for concrete curb and gutter to
encroach within an existing twenty foot water easement, subject
to the execution of a license agreement. (It is noted that a
copy of the plat is filed with the papers of this Board.)
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8,D,2.c.
ROUNDHOUSE REALTY LLC FOR A CONCRETE DUMPSTER PAD TO
ENCROACH WITHIN A PROPOSED SIXTEEN FOOT WATER
EASEMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Roundhouse Realty LLC for a concrete
dumpster pad to encroach within a proposed sixteen foot water
easement, subject to the execution of a license agreement. (It
is noted that a copy of the plat is filed with the papers of
this Board.)
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8.D.2,d.
HAMPTON PARK ASSOCIATES, L,L.C. TO HAVE CONCRETE CI/RB
~ GUTTER ENCRQACH WITHIN AN EXISTING SIXTEEN FOOT
WATER EASEMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Hampton Park Associates, L.L.C. for
concrete curb and gutter to encroach within an existing sixteen
foot water easement, subject to the execution of a license
agreement. (It is noted that a copy of the plat is filed with
the papers of this Board.)
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
98-860
/24/98
8.D.3. ACCEPTANCES OF PARCELS OF LAND
8.D,3 a.
ALONG THE NORTH LINE OF BEACH ROAD AND THE EAST LiNE
OF PROPOSED BRANDY OAK BOULEVARD FROM WESTBRIDGE
DEVELOPMENT, INCORPORATED
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.008
acres along the north right of way line of Beach Road (State
Route 655) and along the east right of way line of proposed
Brandy Oak Boulevard from Westbridge Development, Incorporated
and authorized the County Administrator to execute the
necessary deed. (It is noted that a copy of the plat is filed
with the papers of this Board.)
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8.D.3 .b.
ALONG THE SOUTH LINE OF RIVER ROAD FROM WINFIELD
BROWN, JR.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.145
acres along the south right of way line of River Road (State
Route 602) from Winfield Brown, Jr. 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.
8.D.3 .c.
ALONG DRY BRIDGE ROAD FROM P. VIJAY REDDY, TRUSTEE
AND P. JAGAN REDDY, TRUSTEE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.352
acres along Dry Bridge Road from P. Vijay Reddy, Trustee and P.
Jagan Reddy, Trustee 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.
8,D.3.d. ALONG DRY BRIDGE ROAD FROM DRY BRIDGE PARTNERSHIP
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of two parcels of land containing 0.461
acres along Dry Bridge Road from Dry Bridge Partnership and
authorized the County Administrator to execute the necessary
98-861
1 /24/98
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.
AUTHORIZATION FOR THE POLICE DEPARTMENT TO ACCEPT TWO
DEPARTMENT OF CRIMINAL JUSTICE SERVICES VIRGINIA
C.O.P,S, MATCHING FUNDS GRANT AWARDS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the Police Department to accept two Criminal Justice
Services Virginia C.O.P.S. Matching Funds Grants, in the amount
of $235,942, to assist the County in meeting its local match
for the C.O.P.S. Ahead Grant and the fifth supplemental award
received under the C.O.P.S. Universal Hiring Grant and
appropriate the necessary funds when approved. (It is noted
there is no County match required.)
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8.D,5.
APPROVAL OF SEWER CONTRACT FOR T~R HARROWGATE PLACE
OFF-SITE SEWER EXTENSION PROJECT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the following Sewer Contract, for Harrowgate Place
Off-Site Sewer Extension - Contract Number 98-0164, which
includes the extension of 2,696 L.F. ± of eighteen inch, 1,139
L.F. ± of fifteen inch, and 448 L.F. ~ of eight inch off-site
wastewater improvements:
Developer: Savage & Lennon, Incorporated
Contractor: RMC Contractors, Incorporated
Contract Amount: Estimated Total - $173,866.00
Total Estimated County Cost:
Wastewater (Oversizing) $27,832.27
Wastewater (Off-Site) $41,244.50
Wastewater (Additional Work) $ 3,570.00
Estimated Developer Cost $101,219.23
Code: (Refund thru connections - Oversizing) 5N-572VO-E4C
(Refund thru connections -
Off-Site and Additional Work) 5N-572VO-E4D
District: Bermuda
8.D.6, AWARD OF CONTRACTS
8.D.6.a. TO INNOVATIVE INTERFACES, INCORPORATED TO PROVIDE
SOFTWARE AND ASSOCIATED EQUIPmeNT AND SERVICES FOR
A NEW INTEGRATED ONLINE LIBRARY SYSTEM
On motion of Mr. McHale, seconded by Mr. Barber, the Board
awarded a contract to Innovative Interfaces, Incorporated, in
98-862
11/24/98
an amount not to exceed $500,000, to provide software and
associated equipment and services for a new integrated online
library system.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8.D.6.b.
TO COMMUlqICATIONS SYSTEMS OF VIRGINIA, INCORPORATED
TO REPLACE THE SECURITY SYSTEM AT THE INFORMATION
SYSTEM TECHNOLOGY DEPARTMENT AND TRANSFER OF FUNDS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
awarded a contract to Communications Systems of Virginia,
Incorporated, in the amount of $105,650, to replace the
security system at the Information System Technology Department
and transferred $115,000 from the Reserve for Future Capital
Projects.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8.D.6.¢.
TO KBS, INCORPORATED FOR THE CONSTRUCTION OF
CENTRALIA FIRE STATION NUMBER 17
On motion of Mr. McHale, seconded by Mr. Barber, the Board
awarded a contract to KBS, Incorporated, in the amount of
$2,268,500, for the construction of Centralia Fire Station
Number 17.
Ayes: Humphrey, Warren, Barlber, Daniel, and McHale.
Nays: None.
8.D.6 .d.
TO KENBRIDGE CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF THE NEW JIIVENILE AND DOMESTIC
RELATIONS COURTS FACILITY
On motion of Mr. McHale, seconded by Mr. Barber, the Board
awarded a contract to Kenbridge Construction Company, in the
amount of $11,949,100 for construction of the Replacement
Juvenile and Domestic Relations Courts Facility.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8.D.7. APPROPRIATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM INCOME
On motion of Mr. McHale, seconded by Mr. Barber, the Board
appropriated $63,000, in Community Development Block Grant
program income, to partially fund the Bensley Bermuda Volunteer
98-863
11/24/98
Rescue Squad ambulance purchase.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8,D,8, APPROVAL OF CHANGE 0RDERNUMBER THREE FOR ALTERATIONS/
ADDITIONS TO THE UTILITY OPERATIONS CENTER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Change Order Number Three, in the amount of
$24,885.00, for County Project #95-0118R, for alterations/
additions to the Utility Operations Center.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8.D.9.
TRANSFER OF FUNDS FOR CONSTRUCTION OF SOCCER FIELD
LIGHTING AT MANCHESTER MIDDLE SCHOOL
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $50,000 from the Capital Reserve and $5,000 each
from the Clover Hill and Dale District Streetlight Funds to
County Capital Projects for the construction of soccer field
lighting at Manchester Middle School.
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 Meadow Creek, Section C, Dale
District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the streets in Meadow Creek, Section C, Dale
District, meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation, and
Whereas, the County and the Virginia Department of
Transportation have entered into an agreement, recorded in Deed
Book 2453, Page 405, January 21, 1994, for all stormwater
detention/retention facilities in the County.
Therefore, upon consideration whereof, and on motion of Mr.
McHale, seconded by Mr. Barber, it is resolved that the roads
in Meadow Creek, Section C, Dale District, be and they hereby
are established as public roads.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
11/24/98
98-864
Secondary System, pursuant to Section 33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
the following:
Name of Street: Creek Meadow Circle Length: 0.09 mile
From: Oregon Creek Drive, State Route 5451, at existing Creek
Meadow Circle, State Route 5459
To: Cul-de-sac, 0.09 mile north of Oregon Creek Drive, State
Route 5451
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Meadow Glen Lane Length: 0.08 mile
From: Creek Meadow Circle, 0.04 mile north of Oregon Creek
Drive, State Route 5451
To: Cul-de-sac, 0.08 mile northeast of Creek Meadow Circle
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Meadow Glen Place Length: 0.05 mile
From: Cul-de-sac, 0.05 mile southeast of Meadow Glen Lane
To: Meadow Glen Lane, 0.03 mile east of Creek Meadow Circle
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Oregon Creek Drive Length: 0.08 mile
From: Creek Meadow Circle, at existing Oregon Creek Drive,
State Route 5451
To: Existing Oregon Creek Drive, State Route 5451, at Creek
Meadow Circle, State Route 5459
Guaranteed Right-of-Way Width: 70 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 29 lots.
This section of Meadow Creek is recorded as follows:
Section C, Plat Book 91, Page 33, July 10, 1996.
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 Ashbrook, Section 7, Matoaca
District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the streets in Ashbrook, Section 7, Matoaca
District, meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation, and
98-865
11/24/98
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 Ashbrook, Section 7, 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: Featherchase Drive Length: 0.13 mile
From: Section limits, 0.13 mile west of Shady Banks Drive,
State Route 4209
To: Shady Banks Drive, State Route 4209, at intersection
with existing Featherchase Drive, State Route 4215
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Featherchase Court Length: 0.11 mile
From: Featherchase Drive, 0.07 mile west of Shady Banks Drive,
State Route 4209
To: Cul-de-sac, 0.11 mile north of Featherchase 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 32 lots.
This section of Ashbrook is recorded as follows:
Section 7, Plat Book 93, Pages 6 and 7, January 29, 1997.
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 Ashbrook, Section 8, Matoaca
District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the streets in Ashbrook, Section 8, Matoaca
District, meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation, and
98-866
11/24/98
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 Ashbrook, Section 8, Matoaca District, be and they hereby
are established as public roads.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
the following:
Name of Street: Featherchase Drive Length: 0.11 mile
From: Cul-de-sac, 0.24 mile west of Shady Banks Drive, State
Route 4209
To: Existing Featherchase Drive at section limits
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Featherchase Terrace Length: 0.15 mile
From: Featherchase Drive, 0.15 mile west of Shady Banks Drive,
State Route 4209
To: Cul-de-sac, 0.15 mile northeast of Featherchase 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 33 lots.
This section of Ashbrook is recorded as follows:
Section 8, Plat Book 93, Pages 8 and 9, January 29, 1997.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
$ .D .,12.
AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE A
LEASE AGREEMENT WITH MIDLOT~IAN YOUT~ SOCCER FOR USE
OF THE ~ENSLEY ROAD SOCCER COMPLEX
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a lease
agreement with Midlothian Youth Soccer for use of the Hensley
Road Soccer Complex.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
98-867
11/24/98
8,D,13.
SET DATE FOR PUBLIC HEARING FOR AN INDUCEMENT GRANT
FOR THE ACQUISITION OF FOURTEEN ACRES IN THE
APPOMATTOX INDUSTRIAL CENTER
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 Inducement Grant of $185,000 to a Taiwanese
Company for the acquisition of fourteen acres in the Appomattox
Industrial Center.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
8.D.11,
APPROPRIATION OF FUNDS FOR DESIGN A/qD CONSTRUCTION
OF A WATER BOOSTER STATION TO THE BEACH ROAD AREA
When asked, Mr. Bryant stated that no projects will be delayed
due to the construction of a water booster station to the Beach
Road area.
Mrs. Humphrey expressed concerns relative to the need for a
booster station to serve one neighborhood and stated that she
feels this should have been included in the Pocahontas State
Park water line extension project. She stated that a
comprehensive review needs to be considered in order to
establish infrastructure improvements in the Matoaca District.
She further stated that she feels the booster station should
have been constructed in Winterpock in an effort to serve more
neighborhoods in the Eastern Winterpock/Beach Road area.
There was brief discussion relative to deferring consideration
of this issue.
Mr. Bryant stated that the timely completion of this project
will assure that Pocahontas State Park will have their water
needs met by spring of 1999. He further stated that this
project will also enhance water pressure along Beach Road and
in the Woodland Pond area.
There was brief discussion relative to the neighborhoods that
will be served by the proposed booster station.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved the design and construction of a water booster station
to the Beach Road Area and appropriated funds, in the estimated
amount of $295,000, from the water fund balance.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
9, HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
98-868
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.
And, further, the Board accepted the following roads into the
State Secondary System:
ADDITIONS LENGTH
AMBER FOREST - (Effective 10/23/98)
Amber Forest Drive (Route 4406) - From Route
720 to Route 4407
Amber Meadows Court (Route 4409) - From 0.03
Mile Northwest Route 4407 to Route 4407
Amber Meadows Lane (Route 4407) - From 0.13
Mile Southwest Route 4406 to 0.12 Mile Northeast
Route 4406
Amber Meadows Place (Route 4408) - From 0.06
Mile Northwest Route 4407 to Route 4407
BEVERLy ACRES, SECTION 3 - (Effective 10/19/98)
Vernetta Lane (Route 1345) - From 0.03 Mile
Northeast Route 1347 to 0.07 Mile Northeast
Route 1347
FIVE FORKS LANE EXTENSION -
Five Forks Lane (Route 5320)
(Effective 10/27/98)
- From 0.58 Mile
South Route 5332 to 0.24 Mile South Route 5332
FIVE FORKS VILLAGE, PHASE 2
Waterman Lane (Route 5335) - From 0.17 Mile
West Route 5320 to Route 5320
Waterman Place (Route 5336) - From Route
5335 to 0.07 Mile Northwest Route 5335
FIVE FORKS VILLAGE, PHASE 4
Centerbrook Court (Route 5339) - From 0.08
Mile West Route 5338 to Route 5338
Centerbrook Lane (Route 5337) - From Route
5320 to 0.24 Mile Northeast Route 5320
0.18 Mi
0.03 Mi
O.25 Mi
0.O6 Mi
O.O4 Mi
0.34 Mi
0.17 Mi
0.07 Mi
O.08 Mi
0.24 Mi
98-869
11/ 4/98
Centerbrook Place (Route 5338) - From Route
5337 to 0.08 Mile North Route 5337
FIVE FORKS VILLAGE, PHASES 5,6
Five Forks Lane (Route 5320) - From 0.24
Mile South Route 5332 to 0.07 Mile South
Route 5332
Southford Court (Route 5342) - From 0.05
Mile West Route 5341 to Route 5341
Southford Lane (Route 5340) - From Route
5320 to 0.19 Mile East Route 5320
Southford Mews (Route 5343) - From Route
5340 to 0.03 Mile North Route 5340
Southford Place (Route 5341) - From 0.09
Mile South Route 5340 to Route 5340
Southford Terrace (Route 5344) - From
0.11 Mile South Route 5340 to Route 5340
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
O.08 Mi
0.17 Mi
0.05 Mi
0.19 Mi
0.03 Mi
0.09 Mi
0.11 Mi
11.
EXECUTIVE SESSION PURSUANT T0 SECTION 2.1-344A.7., CODE OF
VIRGINIA, 1950, AS AMENDED, FOR LEGAL ADVICE BY COUNSEL
INVOLVING JAMES GREGORY, SR., ET AL, V. BOARD OF
SUPERVISORS
On motion of Mr. Daniel, seconded by Mr. McHale, the Board went
into an Executive Session Pursuant to Section 2.1-344A.7., Code
of Virginia, 1950, as Amended, for Legal Advice by Counsel
Involving James Gregory. Sr.. et al. v. Board of Supervisors.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
Reconvening:
On motion of Mr. Daniel, 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.
98-870
11/24/98
NOW, THEREFORE BE IT RESOLVED, that the Board of
Supervisors does hereby certify that to the best of each
member's knowledge, i) only public business matters lawfully
exempted from open meeting requirements under the Freedom of
Information Act were discussed in the Executive Session to
which this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Executive Session was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board being polled, the vote was as follows:
Mr. McHale: Aye.
Mr. Daniel: Aye.
Mr. Barber: Aye.
Mr. Warren: Aye.
Mrs. Humphrey: Aye.
12 ,. DINNER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
recessed to the Administration Building, Room 502, for a dinner
meeting with members of the School Board and the County's
Legislative Delegation.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
Reconvening:
Mrs. Humphrey called the meeting to order with the School Board
and members of the Legislative Delegation. She expressed
appreciation to the Legislative Delegation for meeting with the
Board of Supervisors to discuss the 1999 Legislative Program
and welcomed everyone to the meeting.
Mr. Thomas L. Wootton, Jr., Matoaca District School Board
Representative, called the meeting to order with the Board of
Supervisors and members of the Legislative Delegation.
Mr. Ramsey presented an overview of State of the County
regarding population growth.
There was brief discussion relative to the County's population
and anticipated projections by the Weldon Cooper Center for
Public Service.
Mr. Ramsey continued to present an overview of State of the
County including real estate tax ratios and cost of services
being more than taxes paid. He then reviewed growth changes,
noting that the Citizen SatisfactiOn Survey indicated a clear
desire from County citizens for managed growth. He reviewed
98-871
the background, Board action and the financial challenge of the
County's Unified Pay Plan.
Dr. Bosher presented an overview of School Challenges and
Opportunities including Pay Plan Implementation and Preliminary
Standards of Learning Results. He noted that Chesterfield is
the highest in the area in the reading and language arts area.
He presented an overview of School Construction/Renovation. He
then introduced Ms. Cathy Clark, Executive Assistant to the
Superintendent; Ms. Kathy Kitchen, Assistant Superintendent for
Business and Finance; and Mr. D. Patrick Lacy, School Board
Attorney, and stated that they were key people in the 1996 Bond
Referendum. He then reviewed School Construction/Renovation
continuing needs including relieving overcrowding, renovating
aging facilities, incorporating specialty centers, expanding
technology, and financing.
There was brief discussion relative to the change in per capita
debt.
Mr. Ramsey reviewed the County Legislative Priorities including
protection of current cash proffer system, distribution of
certain sales taxes, and Coalition of High Growth Communities
Initiatives.
There was brief discussion relative to membership in the
Coalition of High Growth Communities.
Mr. Barber noted that the County's legislative priorities were
initiated as a result of the County's Citizen Satisfaction
Survey.
Discussion, questions, and comments ensued relative to the use
of cash proffer fees relative to school construction;
expenditure of funds for school construction needs; the County
having the flexibility in deciding how school construction
funds will be spent; and the different uses of impact fees and
cash proffers.
Mr. Hammer reviewed the Regional Legislative
regarding the Comprehensive Services Act.
Initiative
Mr. Ramsey reviewed the Regional
regarding Airport Funding.
Legislative
Initiative
Ms. Worthington reviewed the Circuit Court Clerks' Legislative
Initiative regarding staffing standards for Circuit Court
Clerk's offices. She stated that there have been no new
staffing positions funded since 1997 and that 1,000 criminal
orders are prepared each month. She further stated that there
has been a sixty percent increase in criminal caseloads since
1992.
There was brief discussion relative to potential legislation
amending the Freedom of Information Act (FOIA) and consensus
items that have been proposed by the FOIA work group.
98-872
(It is noted a copy of the 1998 Legislative Program is filed
with the papers of this Board.)
It was generally agreed to recess to the Public Meeting Room to
continue the regularly scheduled meeting.
The School Board generally agreed to adjourn.
Reconvening:
13. INVOCATION
Reverend Norwood Carson, Pastor of Tabernacle Baptist Church,
gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Matt Stinson, Mr. Damonte Collier and Mr. Matt Farrior,
Tri-Captains of the Matoaca High School Varsity Football Team,
led the Pledge of Allegiance to the Flag of the United States
of America.
8.C. ADOPTION OF THE 1999 LEGISLATIVE PROGRAM
Ms. Curtin presented an overview of additions to the 1999
Legislative Program. She reviewed legislative priorities
including protection of current cash proffer system,
distribution of certain sales taxes, and Coalition of High
Growth Communities Initiatives. She reviewed the support/
oppose category additions including supporting the Virginia
Association of Counties position on Tributary Strategies and
supporting the Virginia Municipal League position urging the
General Assembly to examine costs and benefits 'of parks and
recreational opportunities. She then reviewed Regional
Legislative Initiatives including the Comprehensive Services
Act; funding for Richmond International Airport; and continued
State involvement in school construction funding.
Mr. Barber stated that the legislative priorities reflect the
responses to the County's Citizen Satisfaction Survey.
Mrs. Humphrey stated that she was pleased with the County's
support of conservation based issues including the funding for
Pocahontas State Park.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adopted the 1999 Legislative Program, as amended.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
98-873
.j
15.
15,A.
RESOLUTIONS AND SPECIAL RECOGNITIONS
RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE
SCOUT
15.A,1. JONATHAN C. BOGESE, TROOP 819
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. Jonathan C. Bogese, Troop 819, sponsored by
Saint John's Episcopal Church, has accomplished those high
standards of commitment and has reached the long-sought goal of
Eagle Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Jonathan
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. Jonathan C. Bogese 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. Bogese, accompanied by members of his family, congratulated
him on his outstanding achievements, and wished him well in his
future endeavors.
Mr. Bogese expressed appreciation to the Board for the
recognition and to his parents and fellow scouts for their
support.
98-874
11/24/98
15.A.2. JUSTIN M. LAUGHTER, TROOP 819
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. Justin Michael Laughter, Troop 819,
sponsored by Saint John's ]Episcopal Church, has accomplished
those high standards of commitment and has reached the long-
sought goal of Eagle Scout which is received by less than two
percent of those individuals entering the Scouting movement;
and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Justin is
indeed a member of a new generation of prepared young citizens
of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Justin Michael Laughter 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. Laughter, accompanied by members of his family,
congratulated him on his outstanding achievements, and wished
him well in his future endeavors.
Mr. Laughter expressed appreciation to the Board for the
recognition and to God, his parents and his scoutmasters for
their support.
15.A.3. STEVEN J. OLSEN, JR., TROOP 842
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
98-875
11/24/98
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. Steven James Olsen, Jr., Troop 842,
sponsored by Swift Creek Baptist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout which is received by less than two percent
of those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Steven 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. Steven James Olsen, Jr. 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. Olsen, accompanied by members of his family, congratulated
him on his outstanding achievements, and wished him well in his
future endeavors.
Mr. Olsen expressed appreciation to the Board for the
recognition and to his parents and scoutmaster for their
support.
15.A.4. DANIEL R, BRUNELLI, TROOP 870
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
98-876
1/24/98
community, being active in the troop, demonstrating Scout
spirit, and living up to the Scout Oath and Law; and
WHEREAS, Mr. Daniel Robert Brunelli, Troop 870, sponsored
by Tomahawk Baptist Church, has accomplished those high
standards of commitment and has reached the long-sought goal of
Eagle Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Daniel 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. Daniel Robert Brunelli 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. Brunelli, accompanied by members of his family,
congratulated him on his outstanding achievements, and wished
him well in his future endeavors.
Mr. Brunelli expressed appreciation to the Board for the
recognition and also to his parents, scoutmasters and fellow
scouts for their support.
15.A.5. BRYAN DOUGLAS FAISON, TROOP 800
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910; and
WHEREAS, the Boy Scouts of America was founded to promote
citizenship training, personal development, and fitness of
individuals; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of fields, serving in a leadership position
in a troop, carrying out a service project beneficial to his
community, being active in the troop, demonstrating Scout
spirit, and living up to the Scout Oath and Law; and
WHEREAS, Mr. Bryan Douglas Faison, Troop 800, spQnsored
by Bethel Baptist Church, has accomplished those high standards
of commitment and has reached the long-sought goal of Eagle
Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
98-877
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Bryan 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. Bryan Douglas Faison 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. Faison, accompanied by members of his family, congratulated
him on his outstanding achievements, and wished him well in his
future endeavors.
Mr. Faison expressed appreciation
scoutmaster for their support.
to his parents and
15.A.6. SAMUEL T, MCNENY, III, TROOP 800
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910; and
WHEREAS, the Boy Scouts of America was founded to promote
citizenship training, personal development, and fitness of
individuals; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of fields, serving in a leadership position
in a troop, carrying out a service project beneficial to his
community, being active in the troop, demonstrating Scout
spirit, and living up to the Scout Oath and Law; and
WHEREAS, Mr. Samuel Thomas McNeny, III, Troop 800,
sponsored by Bethel Baptist Church, has accomplished those high
standards of commitment and has reached the long-sought goal of
Eagle Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Thomas 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. Samuel Thomas McNeny, III and acknowledges the good
98-878
11/24/98
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. McNeny, accompanied by members of his family, congratulated
him on his outstanding achievements, and wished him well in his
future endeavors.
Mr. McNeny expressed appreciation to the Board for the
recognition and to family members and his scoutmaster for their
support.
15.A.7. STEPHEN A. MCINTYRE, TROOP 800
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910; and
WHEREAS, the Boy Scouts of America was founded to promote
citizenship training, personal development, and fitness of
individuals; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of fields, serving in a leadership position
in a troop, carrying out a service project beneficial to his
community, being active in the troop, demonstrating Scout
spirit, and living up to the Scout Oath and Law; and
WHEREAS, Mr. Stephen Andrew McIntyre, Troop 800,
sponsored by Bethel Baptist Church, has accomplished those high
standards of commitment and has reached the long-sought goal of
Eagle Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Stephen 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. Stephen Andrew McIntyre 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. McIntyre, accompanied by members of his family,
98-879
11/24/98
congratulated him on his outstanding achievements, and wished
him well in his future endeavors.
Mr. McIntyre expressed appreciation to his parents, scoutmaster
and fellow scouts for their support.
15.A,8. STEVEN J. LAUZIERE, TROOP 800
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910; and
WHEREAS, the Boy Scouts of America was founded to promote
citizenship training, personal development, and fitness of
individuals; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of fields, serving in a leadership position
in a troop, carrying out a service project beneficial to his
community, being active in the troop, demonstrating Scout
spirit, and living up to the Scout Oath and Law; and
WHEREAS, Mr. Steven James Lauziere, Troop 800, sponsored
by Bethel Baptist Church, has accomplished those high standards
of commitment and has reached the long-sought goal of Eagle
Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Steven 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. Steven James Lauziere 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. Lauziere, accompanied by members of his family,
congratulated him on his outstanding achievements, and wished
him well in his future endeavors.
Mr. Lauziere expressed appreciation to the Board for the
recognition and to his parents and fellow scouts for their
support.
98-880
11/24/98
15.A.9. ROBERT BLAINE HUFFMAN, TROOP 800
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910; and
WHEREAS, the Boy Scouts of America was founded to promote
citizenship training, personal development, and fitness of
individuals; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of fields, serving in a leadership position
in a troop, carrying out a service project beneficial to his
community, being active in the troop, demonstrating Scout
spirit, and living up to the Scout Oath and Law; and
WHEREAS, Mr. Robert Blaine Huffman, Troop 800, sponsored
by Bethel Baptist Church, has accomplished those high standards
of commitment and has reached the long-sought goal of Eagle
Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Blaine 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. Robert Blaine Huffman 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. Huffman, accompanied by members of his family,
congratulated him on his outstanding achievements, and wished
him well in his future endeavors.
Mr. Huffman expressed appreciation to the Board for the
recognition and to his parents and grandparents for their
support.
98-881
11/24/98
15,B.
RECOGNIZING MS. MILDRED BURRELL FOR HER OUTSTAlqDING
DEDICATION AND SERVICE TO THE UNITED STATES SL0-PITCH
SOFTBALL ASSOCIATION (USSSA)
On motion of the Board, the following resolution was adopted:
WHEREAS, participation in youth softball has long been
an integral part in the physical and emotional development of
the youth of Chesterfield County; and
WHEREAS, Ms. Mildred Burrell has been a pioneer in the
womens and youth softball programs for the past twenty-four
years as a member of the United States Slo-Pitch Softball
Association (USSSA) and the Chesterfield Youth Softball
Association program; and
WHEREAS, under Ms. Burrell's guidance and leadership,
softball leagues, scholarship funds and youth player and
coaches clinics have been developed throughout the country; and
WHEREAS, Ms. Burrell has been a mentor for thousands of
youth softball players and has instilled the philosophy of
commitment and the love of softball; and
WHEREAS, the USSSA has recognized Ms. Burrell's
accomplishments by her receiving numerous distinguished awards
including being inducted into the USSSA Virginia Hall of Fame
and the USSSA National Hall of Fame in 1997.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Ms. Mildred
Burrell for her dedicated and unselfish commitment to the youth
of Chesterfield County and expresses its appreciation and
gratitude for her dedication towards the success of the USSSA
and the Chesterfield Youth Softball Association program.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Ms. Burrell 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.
Mr. McHale presented the executed resolution to Ms. Burrell and
expressed appreciation for her volunteer service to the womens
and youth softball programs.
Ms. Burrell expressed appreciation to the Board for the
recognition and stated that she has received great pleasure
working with the youth of the County.
Mrs. Humphrey recognized members of Boy Scout Troop 855 from
Bailey Bridge who were present at the meeting.
98-882
11/24/98
16.
REQUEST FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER:
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 18
97SN0293
In Clover Hill Magisterial iDistrict, B. MITCHELL SNEAD, NANCY
K. SNEAD AND MARGO NORMENT requested rezoning and amendment of
zoning district map from Agricultural (A) to Community Business
(C-3) with Conditional Use to permit intercom systems for
drive-in windows. A drug store with drive-in windows and other
retail uses is planned. However, with the approval of this
request, other C-3 uses would be permitted. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed use. This request
lies on 11.5 acres fronting approximately 700 feet on the north
line of Hull Street Road, approximately 70 feet east of Hicks
Road. GPIN 759-692-6088 and 759-693-Part of 8413 (Sheet 14).
Mr. Poole stated that the applicants have withdrawn Case
97SN0293 from consideration.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
accepted withdrawal of Case 97SN0293.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
98SN0157
In Clover Hill Magisterial District, RUDOLPH CONSTRUCTION CO.
requested rezoning and amendment of zoning district map from
Agricultural (A) and Residential (R-7) to Residential (R-12) .
A single family residential subdivision with a minimum lot size
of 15,000 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 agreed to limit development to a
maximum of sixteen (16) lots, yielding a density of 2.35 units
per acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.51 to 4.0 units per acre.
This request lies on 6.8 acres fronting approximately 700 feet
on the west line of Clintwood Road, approximately 150 feet
north of Dumaine Drive, also located at the western terminus of
Dumaine Drive. GPIN 742-687-5026, 5864, 7824 and 7941 (Sheet
i4).
Mr. Poole stated that Mr. Warren has requested a ninety day
deferral of Case 98SN0157 to allow the applicant time to meet
with area residents.
98-883
11/2~/98
Mr. Andrew Scherzer, representing the applicant, stated that
the recommendation for deferral is acceptable.
There was no opposition present to the deferral.
On motion of Mr. Warren, seconded by Mr. McHale, the Board
deferred Case 98SN0157 until February 24, 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. Tax ID 726-658-5951 (Sheet 29).
Mr. Poole presented a summary of Case 99SN0108 and stated that
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Upper Swift Creek Plan.
Mr. Andrew Scherzer, representing the applicant, stated that
the recommendation is acceptable.
Ms. Faye Ragle, President of the Summerford Homeowners
Association, stated that the Summerford residents support
approval of the proposed request and expressed appreciation to
the Board and staff for their support.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 99SN0108 and accepted the following proffered
conditions:
Development shall be limited to a maximum of twenty-two
(22) lots.
The public water and waste water system shall be used.
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
time of building permit application, for infrastructure
improvement within the service district for the
property, for each dwelling:
a o
$6200 per lot, if paid prior to July 1, 1999;
or
98-884
1 /24/98
o
o
The amount approved by the Board of Supervisors
not to exceed $6819 per lot adjusted upward by
any increase in the Marshall and Swift Building
Cost Index between July 1, 1998, and July 1 of
the fiscal year in which the payment is made if
paid after June 30, 1999.
In the event the cash payment is not used for
the purpose for which proffered within 15 years
of receipt, the cash shall be returned in full
to they payor.
In conjunction with recordation of the first subdivision
plat, the following rights of Way shall be dedicated,
free and unrestricted, to and for the benefit of
Chesterfield County.
a)
Forty-five (45) feet of right of way on the
west side of Hensley Road, measured from the
centerline of that part of Hensley Road
immediately adjacent to the property; and
b)
A ninety (90) foot wide right of way for an
east/west major arterial (~West Hensley Road
Extended") from Hensley Road to the western
property line. The exact location of this
right of way shall be approved by the
Transportation Department.
Direct access to Hensley Road shall be limited to West
Hensley Road Extended, and no direct access shall be
provided to West Hensley Road Extended.
To provide an adequate roadway system, the developer
shall be responsible for the following:
a)
Construction of two (2) lanes of West Hensley
Road Extended, to VDOT urban minor arterial
standards (50 mph) with modification approved
by the Transportation Department, from Hensley
Road to the western property line;
b)
Realignment of Hensley Road at West Hensley
Road Extended to create a T-intersection, with
West Hensley Road Extended and Hensley Road to
the north being the major street, and Hensley
Road to the south being the minor, stop-
controlled street.
c)
Construction of additional pavement along
Hensley Road south of the West Hensley Road
Extended intersection to provide a three (3)
lane typical section (i.e. one (1) southbound
lane and two (2) northbound lanes);
98-885
d)
Construction of additional pavement along West
Hensley Road Extended at the Hensley Road
intersection to provide left and right turn
lanes; and
e)
Dedication to Chesterfield County, free and
unrestricted, any additional right of way (or
easement) required for the improvement
identified above.
o
Prior to any road and drainage approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 6, shall be submitted to and
approved by the Transportation Department.
o
With the exception of timbering which has been approved
by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall
be no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department.
o
The minimum gross floor area for homes shall be as
follows:
One-Story - 2,200 square feet
Two-Story - 2,500 square feet
10.
Prior to, or in conjunction with, recordation of a
subdivision plat, the restrictive covenants recorded for
Summerford, Section A shall be recorded for the
property.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
98SN0287 (Amended)
In Dale Magisterial District, TRITON PCS, INC. requested
Conditional Use Planned Development and amendment of zoning
district map to permit a communications tower and setback
exceptions. A 125 foot communications tower incorporated into
an existing Virginia Power transmission 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 in Residential
(R-9) and Agricultural (A) Districts on 4.3 acres fronting
approximately 142 feet on the south line of Drexelbrook Drive,
also fronting approximately 350 feet on Belmont Road and
located in the southwest quadrant of the intersection of these
roads. Tax ID 765-684-Part of 9017 and 765-683-Part of 4157
(Sheet 15).
98-886
11/24/98
Mr. Poole presented a summary of Case 98SN0287 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. Brennan Keene, 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 98SN0287 subject to the following conditions:
There shall be no signs permitted to identify this use.
0
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)
0
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)
o
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)
o
The color and lighting system for the tower shall be as
follows:
a o
The tower shall be gray or another neutral
color, acceptable to the Planning Department.
The tower shall not be lighted. (P)
o
Ail driveways and parking areas shall be graveled or
paved and maintained to minimize dust problems and
provide ease of ingress and egress. (P)
98-887
~/24/98
o
Any building or mechanical equipment shall comply with
Sections 19-570 (b) and (c) 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
forty (40) 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.
99SN0132
In Midlothian Magisterial District, STERLING HOUSE CORPORATION,
A KANSAS CORPORATION requested rezoning and amendment of zoning
district map from Agricultural (A) to Corporate Office (0-2).
A convalescent home, nursing home or rest home is planned.
However, with approval of this request, other 0-2 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 office use. This
request lies on 4.9 acres known as 2200 Cranbeck Road. Tax ID
742-715-5206 (Sheet 3).
Mr. Poole presented a summary of Case 99SN0132 and stated that
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
proposed request conforms to the Northern Area Land Use and
Transportation Plan.
Mr. Jim Theobold, representing the applicant, stated that the
recommendation is acceptable.
There was no opposition present.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved Case 99SN0132 and accepted the following proffered
conditions:
98-888
x /24/98
0
Site Plan and Elevations. Development of the Property
shall be in substantial conformance with (i) the
architectural appearance shown on the elevations
attached hereto as Exhibit "A" and (ii) the Site Plan
(including setbacks) entitled ~Sterling House, Clare
Bridge, 2200 Cranbeck Road, Chesterfield County,
Richmond, Virginia 23235" prepared by Rivers and
Associates, Inc., dated July 16, 1998, attached hereto
as Exhibit ~B". The materials depicted on the
elevations are brick veneer, vinyl or aluminum siding
and 25 year asphalt roof shingles.
Timbering Restriction.. With the exception of timbering
to remove dead or diseased trees which has been approved
by the Virginia State Department of Forestry, there
shall be no timbering until a land disturbance permit
has been obtained from the Environmental Engineering
Department.
Building Height. The building to be constructed on the
Property shall be one story and shall not exceed twenty-
eight (28) feet in height.
Use Restrictions.
prohibited:
The following uses shall be
so
Funeral homes or mortuaries;
b. Hotels;
c
Post Offices;
d
Museums;
e
Messenger or telegraph services;
f
Communication studios and/or stations;
g
Telephone exchanges; and
h
Libraries
Severance. The unenforceability, elimination, revision
or amendment or any proffer set forth herein, in whole
or in part, shall not affect the validity or
enforceability of any of the other proffers or the
unaffected part of any such proffer.
Transportation.
Prior to the issuance of any building permit,
but in no event later than sixty (60) days
after final site plan approval, thirty-five
(35) feet of right-of-way on the west side of
Cranbeck Road, measured from the centerline of
that part of Cranbeck Road immediately adjacent
to the Property, shall be dedicated, free and
11/24/98
98-889
unrestricted, to and
Chesterfield County.
for the benefit of
Direct access from the Property to Cranbeck
Road shall be limited to one (1) entrance/exit,
aligning Crooker Drive. The exact location of
this access shall be approved by the
Transportation Department.
C ·
Prior to issuance of an occupancy permit for
any permitted use other than a thirty-eight
(38) bed assisted living facility, additional
pavement shall be constructed along Cranbeck
Road at the approved access to provide left and
right turn lanes, if requested by the
Transportation Department, based on
Transportation Department standards. The
developer shall dedicate to Chesterfield
County, free and unrestricted, any additional
right-of-way (or easements) required for this
road improvement.
o
Stormwater Runoff. Stormwater runoff shall be retained
based upon the ten (10) year post-development rate and
released based upon the two (2) year pre-development
rate, and stored based upon the one hundred (100) year
post development while releasing at a one hundred (100)
year pre-development rate. This condition may be
modified at the request of the developer by the
Department of Environmental Engineering at the time of
Site Plan Review.
o
Signage.
style.
Any free standing signs shall be monument
o
Trash Removal. Trash pickup from the Property shall be
limited to the hours of 8:00 a.m. to 7:00 p.m. Monday
through Saturday. There shall be no trash pickup on
Sundays.
10.
Parking Lot Lighting. Parking lot lighting standards
shall not exceed twenty (20) feet in height above grade
level.
11.
Building Security. Ail doors providing exterior access
shall be connected to a master internal alarm system.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
99SN0134 (Amended)
In Dale Magisterial District, SPRINT PCS requested Conditional
Use Planned Development and amendment of zoning district map to
permit a communications tower and height exception in an
Agricultural (A) District. A communications tower incorporated
11/24/98
98-890
into the steeple of a church facility 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 2.51 to 4.0
units per acre. This request lies on 8.7 acres known as 4300
Beulah Road. Tax ID 781-679-1956 (Sheet 22).
Mr. Poole presented a summary of Case 99SN0134 and stated that
the Planning Commission and staff recommends approval subject
to conditions. He further stated that staff recommends that
the Board acknowledge withdrawal of the height exception. He
noted that the proposed request conforms to the siting criteria
for towers.
Mr. Chuck Rothenberg, representing the applicant, stated that
the recommendation including the withdrawal of the height
exception is acceptable.
There was no opposition present.
On motion of Mr. Daniel, seconded by Mr. Barber, the Board
acknowledged withdrawal of the height exception and approved
Case 99SN0134 subject to the following conditions:
The antennas shall be incorporated into the architecture
of the existing church steeple, generally as depicted in
the elevations prepared by Matrix Engineering, entitled
St. Augustine, and dated July 30, 1998. The exact
architectural treatment, to include architectural style,
materials, colors and textures, shall be approved by the
Planning Department. (P)
0
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)
o
The developer shall be responsible for correcting any
frequency problems which affect the Chesterfield County
Public Safety Trunked System caused by this use. Such
11/24/98
98-891
corrections shall be made immediately upon notification
by the Chesterfield County Communications and
Electronics staff. (GS)
Any mechanical equipment, including all cabling, shall
comply with Sections 19-570 (b) and (c) 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, including antennas and cabling
associated with the tower use, from adjacent properties
and public rights of way.)
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
99SN0135
In Dale Magisterial District, SPRINT PCS requested amendment to
Conditional Use Planned Development (Case 87S133) and amendment
of zoning district map to permit a communications tower and
height exception in a Corporate Office (O-2) 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 regional mixed use. This request lies on 2.8
acres fronting approximately 25 feet on the north line of
Ridgedale Parkway, approximately 4,000 feet north of
Gravelbrook Drive. Tax ID 774-689-Part of 5767 (Sheet 15).
Mr. Poole presented a summary of Case 99SN0135 and stated that
the Planning Commission and staff recommend approval subject to
conditions and acceptance of the proffered 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.
After brief discussion, on motion of Mr. Daniel, seconded by
Mr. McHale, the Board approved Case 99SN0135 subject to the
following conditions:
A minimum 100 foot buffer shall be maintained around the
perimeter of the tower site, between the tower enclosure
and the request site boundaries. Except for one (1)
access and utilities, which may be extended generally
perpendicular through this buffer, existing trees 2.5
inches in caliper or greater located within this buffer
shall be preserved and maintained. These trees shall be
supplemented where necessary to minimize the views of
the tower and associated equipment from the request site
98 -892
11/24/98
o
o
o
o
boundaries. Any cleared areas of 300 square feet or
greater shall be planted with 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 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 minmmum 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, shall 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)
The treatment, color and lighting system for the tower
shall be as follows:
a o
The tower shall be grey or another neutral
color, acceptable to the Planning Department.
bo
The tower shall not be lighted unless lighting
is required by the FAA. If lighted, l~ghting
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)
11/24/98
98-893
o
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
With the approval of this request, a forty-nine (49)
foot exception to the 150 foot height limitation for
towers in Corporate Office (0-2) Districts shall be
granted. (P)
And, further,
conditions:
the Board accepted the following proffered
1. Antenna Types. Only antennas of whip or panel design
shall be permitted on the communication tower.
2. Tower Design. The tower shall be of a monopole design.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
Mrs. Humphrey recognized Mr. James Bowling, Senior Planner, for
his efforts towards the preparation of staff reports regarding
telecommunications towers.
99SN0136
In Bermuda Magisterial District, PAROD C. AMIN requested
rezoning and amendment of zoning district map from Agricultural
(A) to Community Business (C-3). The density of such amendment
will be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate for
commercial use. This request lies on 1.9 acres lying
approximately 60 feet off the north line of Ware Bottom Spring
Road, approximately 1,200 feet west of Old Stage Road. Tax ID
802-653-Part of 7089 (Sheet 32) .
Mr. Poole presented a summary of Case 99SN0136 and stated that
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
proposed request conforms to the Eastern Area Land Use and
Transportation Plan.
Oliver Rudy, Esquire, representing the applicant, stated that
the recommendation is acceptable.
There was no opposition present.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved Case 99SN0136 and accepted the following proffered
conditions:
The public water and wastewater systems shall be used.
o
Except for the timbering approved by the Virginia State
11/24/98
98-894
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
subject property until a land disturbance permit has
been obtained from the Environmental Engineering
Department and the approved devices have been installed.
Ayes: Humphrey, Warren, Barlber, Daniel, and McHale.
Nays: None.
99SN0138
In Clover Hill Magisterial[ District, SPRINT PCS requested
amendment to Conditional Use Planned Development (Case 85S076)
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
3.2 acres known as 201 Arboretum Parkway. Tax ID 754-705-3610
(Sheet 8).
Mr. Poole presented a summary of Case 99SN0138 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.
There was brief discussion relative to the definition of
~'architecturally incorporated" into the design of a building.
Mr. Chuck Rothenberg, representing the applicant, stated that
the recommendation is acceptable. He presented the Board with
a visual display of the design of the building where the
proposed tower is to be located.
There was brief discussion relative to improved technology as
it relates to towers.
There was no opposition present.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved Case 99SN0138 subject to the following conditions,
which require that the communications tower be architecturally
incorporated into the building:
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
11/24/98
98-895
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)
o
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)
0
The communications tower and associated equipment shall
comply with Section 19-138 (h) of the Zoning Ordinance.
(p)
0
If the communications tower and associated equipment are
located on the roof deck of the existing structure, the
tower and equipment shall be located generally in the
center of the roof deck and measures shall be taken to
incorporate the improvements into the architectural
design of the building. The communications tower and
associated equipment may, however, be incorporated into
the architectural design of the existing facade of the
building. The exact treatment shall be approved by the
Planning Department. (CPC)
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
99SN0153
In Bermuda Magisterial District, C~IPPENF_AM APTS., L. P.
requested rezoning and amendment of zoning district map from
Residential (R-7) to Multi-Family Residential (R-MF) with
Conditional Use Planned Development to permit a child day care
center and bulk exceptions. The applicant has agreed to limit
development to a maximum of 192 units, yielding a density of
approximately 11.22 units per acre. There is to be no increase
in the number of units with this request. The density of such
amendment will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 7.01 units per acre or more.
This request lies on 17.1 acres located in the northeast
quadrant of the intersection of Strathmore Road and Chippenham
Parkway. Tax ID 788-686-7489 (Sheet 16).
Mr. Poole presented a summary of Case 99SN0153 and stated that
98-896
the Planning Commission and staff recommend approval subject to
conditions and acceptance of the proffered conditions. He
noted that the proposed request conforms to the Jefferson Davis
Corridor Plan.
Mr. Tom Johnston, representing the applicant, stated that the
recommendation is acceptable.
There was no opposition present.
On motion of Mr. McHale, seconded by Mr. Daniel, the Board
approved Case 99SN0153 subject to the following conditions:
The plan prepared by Charles H. Fleet and Associates,
P.C. dated July 29, 1998, shall be considered the Master
Plan and the letter, submitted by Wendell C. Franklin,
S. L. Nussman Realty Co., dated September 11, 1998,
shall be considered the Textual Statement. In general
any new or redevelopment of the site shall comply with
the Master Plan and Textual Statement, except as
modified herein. (P)
(NOTE: Except as modified by the Master Plan, Textual
Statement and conditions herein, development must
conform to the R-MF standards of the Zoning Ordinance.)
o
Except where the R-MF standards are more restrictive,
any child care use shall conform to the requirements of
the Zoning Ordinance for Neighborhood Office (0-1)
Districts in Emerging Growth Areas. (P)
And, further,
condition:
the Board accepted the following proffered
The maximum number of dwelling units shall not exceed 192.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
17. PUBLIC HEARINGS
There were no public hearings at this time.
18. REMAINING MOBILE HOME PERMITS AND ZONING REOUESTS
98SN0277
In Dale Magisterial District, ST. BARNABAS EPISCOPAL CHURCH
requested Conditional Use and amendment of zoning district map
to permit a boarding house 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 residential use of
2.51 to 4.0 units per acre. This request lies on 0.8 acre
known as 5155 Iron Bridge Road. Tax ID 777-688-2813 (Sheet
11/2~/98
98-897
15) .
Mr. Poole presented a summary of Case 98SN0277 and stated that
the Planning Commission recommends approval subject to the
condition and acceptance of the proffered conditions. He
further stated that staff recommends denial because the
proposed request does not technically conform to the Central
Area Land Use Plan.
Reverend Bill Queen, Rector of Saint Barnabas Episcopal Church,
representing the applicant, stated that the Planning
Commission's recommendation is acceptable. He recognized
approximately twelve people, who were present at the meeting,
in support of the proposed request.
There was no opposition present.
Mr. Daniel acknowledged the positive aspects of the proposed
request and stated that approval of the request will address an
unfulfilled need in the Social Services area.
Mr. Daniel then made a motion, seconded by Mr. McHale, for the
Board to approve Case 98SN0277.
There was brief discussion relative to the programming of the
proposed request being church-based.
Mrs. Humphrey called for the vote on the motion made by Mr.
Daniel, seconded by Mr. McHale, for the Board to approve Case
98SN0277 subject to the following condition:
This Conditional Use shall be granted to and for St. Barnabas
Episcopal Church, exclusively, and shall not be transferable
nor run with the land. (P)
And, further, the Board accepted the following proffered
conditions:
The maximum number of residents shall not exceed eight
(8) plus one resident counselor.
o
Other than normal maintenance, there shall be no
additions or alterations to the dwelling unit to
accommodate this use.
o
There shall be no signs to identify this use.
This Conditional Use shall be granted for a period of
three (3) years six (6) months from the date of
approval.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
98-898
11/24/98
98SN0281
In Midlothian Magisterial District, ERNEST L. BELVIN requested
rezoning and amendment of zoning district map from Agricultural
(A) to Community Business (C-3). The density of such amendment
will be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate for
planned transition area use. This request lies on 2.0 acres
fronting approximately 200 feet on the south line of Midlothian
Turnpike, approximately 1,600 feet west of Murray Olds Drive.
Tax ID 737-707-2091 and 2699 (Sheet 7).
Mr. Poole stated that the applicant has submitted revised
proffered conditions and that if the Board wishes to consider
the request it would need to suspend its rules at this time to
consider the revised proffered conditions.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to consider the revised
proffered conditions.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
Mr. Poole presented an overview of Case 98SN0281 and stated
that Planning Commission recommends denial because of concerns
relative to motor vehicle sales, architectural compatibility,
access and that the zoning does not comply with the Midlothian
Area Community Plan. He further stated that the revised
proffered conditions now prohibit motor vehicle sales, service
and rental; address transportation concerns relative to shared
access; requires specific landscaping within the setback along
Route 60; and further addresses architectural style. He stated
that staff feels the revised proffered conditions have not
addressed the Planning Commission's concern relative to
architectural compatibility of the proposed development.
There was brief discussion relative to the adjoining property
belonging to Bonarco/Marchetti.
Mr. Jim Theobold, representing the applicant, stated that the
revised proffers require a design similar to area buildings and
that thirteen uses have been eliminated. He further stated
that proffers have been provided to guarantee transportation
improvements and shared access. He stated that the land use
plan for the subject parcel suggests that it is in a planned
transition area and referenced the Bonarco/Marchetti case
approved several years ago by the Board. He further stated
that the applicant and area residents have continued to address
issues regarding this request and that he feels the request
meets the criteria for approval and is consistent with
surrounding area land uses. He requested that the Board
approve the proposed request.
There was no opposition present.
98-899
x /24/98
Mr. Barber stated that he feels transportation issues have been
resolved and that the applicant has addressed architectural
design issues. He stated that he has spoken with Mr. Peppy
Jones, member of the Midlothian Village Coalition, who voiced
his support of the proposed request and that he has received
written information from Mr. John Kramer, President of the
Walton Park Civic Association, also supporting the proposed
request. He further stated that he feels the applicant has
addressed the concerns of surrounding neighbors and the
Midlothian Village Coalition.
Mr. Barber then made a motion, seconded by Mr. Warren, for the
Board to approve Case 98SN0281.
Mrs. Humphrey expressed appreciation to the applicant for his
patience during the zoning process.
Mrs. Humphrey then called for the vote on the motion, made by
Mr. Barber, seconded by Mr. Warren, for the Board to approve
Case 98SN0281 and accept the following proffered conditions:
Use Restrictions.
permitted:
The following uses shall not be
a 0
cocktail lounges and nightclubs as a primary
use;
bo
second hand stores;
c. outside runs associated with veterinary
hospitals and/or kennels;
material reclamation receiving centers;
e. taxidermies;
f o
coin operated dry cleaning
services;
and/or laundry
go
residential multifamily and/or townhouse;
ho
liquor store;
motor vehicle washes unless associated with
automotive sales;
motorcycle sales, service and/or repair;
k. theaters; or
motor vehicle sales and/or rental.
o
Public Utilities.
be used.
The public waste water system shall
98-900
o
o
Timbering Restriction. With the exception of timbering
to remove dead or diseased trees which has been approved
by the Virginia State Department of Forestry, there
shall be no timbering until a land disturbance permit
has been obtained from the Environmental Engineering
Department.
Severance. The unenforceability, elimination, revision
or amendment of any proffer set forth herein, in whole
or in part, shall not affect the validity or
enforceability of the other proffers or the unaffected
part of any such proffer.
Transportation.
Direct access to Route 60 shall be limited to
one (1) entrance/exit, located towards the
eastern property line. The exact location of
this access shall be approved by the
Transportation Department. Prior to any site
plan approval, an access easement, acceptable
to the Transportation Department, shall be
recorded across the Property to ensure shared
use of this access with adjacent properties to
the east and west. Such internal access may be
accomplished over drive aisles and around
developer's structures in a manner satisfactory
to the Transportation Department at the time of
Site Plan review.
bo
To provide an adequate roadway system, the
developer shall be responsible for the
following:
i)
Construction of an additional lane of
pavement (i.e., third through lane) along
the eastbound lanes of Route 60 for the
entire property frontage;
ii)
Construction of additional pavement along
the eastbound lanes of Rout 60 at the
approved access to provide a separate
right turn lane, based on Transportation
Department standards; and
iii) Dedication to Chesterfield County, free
and unrestricted, any additional right of
way (or easements) required for the
improvements identified above.
C o
Prior to any site plan approval, a phasing plan
for the required road improvements, as
identified in Proffered Condition 5.b., shall
be submitted to and approved by the
Transportation Department.
98-901
m~/24/98
do
The developer's site plan shall be designed to
permit access to properties adjacent on the
east and west. Such internal access may be
accomplished over drive aisles and around
developer's improvements in a manner
satisfactory to the Transportation Department
at the time of Site Plan review.
o
Architectural Treatment. The overall quality and
architectural style of development on the Property shall
be similar to that of The Shoppes at Railey Hill,
Chesterfield Meadows, and/or Village Market Place
Shopping Centers as determined at the time of Site Plan
review.
o
Enhanced Landscaping. Perimeter landscaping C (option
1) shall be required as a minimum standard for perimeter
landscaping within the setback from Midlothian Turnpike.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
98S/~0289 (Amended)
In Matoaca Magisterial District, RCTC WHOLESALE CORP. BY 360°
COMMUNICATIONS CO. requested Conditional Use Planned
Development and amendment of zoning district map to permit a
communications tower and height exception in an Agricultural
(A) 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 residential use of
1.01 to 2.5 units per acre. This request lies on 6.7 acres
fronting approximately 85 feet on the south line of Woodpecker
Road, approximately 350 feet west of Elko Road. Tax ID 786-
621-Part of 0751, 786-622-Part of 3894 and 787-623-Part of 0758
(Sheet 49).
Mr. Poole presented a summary of Case 98SN0289 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.
Dick Gibson, Esquire, representing the applicant, stated that
the applicant has proposed a condition that would move the
proposed tower site to comply with guidelines and satisfy
concerns of one opponent. He further stated that the applicant
has already been approached by Sprint, PCS to co-locate on the
proposed tower. He stated that the recommendation is
acceptable.
Ms. Barbara Lingenfelter, adjacent property owner, expressed
concerns relative to the tower site being too close to her
property and the impact it will have on her property value.
She further expressed concerns relative to the effect that the
access would have on drainage in the area.
98-902
11/24/98
Mr. Warren Burke, owner of the subject property, stated that
the income received from the proposed tower will allow future
generations of his family to continue to farm the property. He
further stated that he feels the proposed tower will not have
a negative impact on area property values and requested that
the Board approve the proposed request.
There was brief discussion relative to the original location of
the proposed tower and the relocation to move the tower further
from Ms. Lingenfelter's property; location of the tower site
with regards to the access; drainage issues; and the site plan
approval process.
Mrs. Humphrey referenced information from the Real Estate
Assessor stating that towers are not affecting adjacent
property values.
There was brief discussion relative to the structural design of
towers and the health effects that may be caused by the
electromagnetic emissions from the tower.
Mr. Gibson stated that the towers have proved to be safe and
there have been no incidents involving negative effects on
livestock, etc.
There was brief discussion relative to information received
from RCC Consultants, a telecommunications consultant, by Mrs.
Humphrey relative to the exposure of emissions from the
proposed tower.
Mrs. Humphrey stated that the tower site is 2,000 feet off the
road; that the tower is buried in a forested area backing up to
a resource protection area; and that the tower has been moved
in an attempt to address residents' concerns. She further
stated that the Planning Commission approved the request and
the Real Estate Assessor has indicated that the towers are not
causing a negative impact on adjacent property values. She
stated that drainage, public safety and access issues will be
addressed by County staff during the site plan approval
process.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to approve Case 98SN0289.
There was brief discussion relative to lighting of the tower.
Mr. Daniel stated that approval of this request will allow the
landowner to maintain his farm and that he supports the
proposed request.
Mrs. Humphrey then called for the vote on the motion made by
her, seconded by Mr. Warren, for the Board to approve Case
98SN0289 subject to the following conditions:
A minimum 100 foot buffer shall be maintained around the
perimeter of the tower site. Except for one (1) access
and utilities, which may be extended generally
11/24/98
98-903
o
o
o
perpendicular through this buffer, existing trees having
a caliper of 2.5 inches or greater within this buffer
shall be located and maintained. These trees shall be
supplemented where necessary to minimize the views of
the tower and associated equipment from the request site
boundaries. Any cleared areas of 300 square feet or
greater shall be planted with 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 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 approval. (P)
There shall be no signs permitted to identify the tower
use. (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
the 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. The developer shall
perform an engineering study to determine the
possibility of radio frequency interference with the
County system. Prior to release of a building permit,
the study 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 treatment, color and lighting system for the tower
shall be as follows:
bo
The tower shall be gray or another neutral
color, acceptable to the Planning Department.
The tower shall not be lighted unless lighting
is required by the FAA. If lighted, the
lighting during daylight hours shall be limited
98-904
to medium intensity strobe lights with upward
reflection and lighting during night time hours
shall be limited to soft blinking lights. (P)
o
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 (c) 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 the building or ground
from adjacent properties and public rights of way.
Screening would not be required for the tower or tower-
mounted equipment.)
10.
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)
11. The tower shall be of a monopole design. (CPC)
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
19. ADJOURNME~
On motion of Mr. Barber, seconded by Mr. McHale, the Board
adjourned at 8:58 p.m. until December 16, 1998 at 4:00 p.m.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
L~ne B. Ramsey- /
County Administrato~
98-905
Renny B~?~umphrey
Chairman
lm/24/98