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12-16-1998 MinutesBOARD OF SUPERVISORS MIlqI3TES December 16, 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 98-906 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr Craig Bryant, Dir., Utilities Ms Mary Ann Curtin, Dir., Legislative Services Ms Becky Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Ms Karla Gerner, Dir., Human Resource Mgmt. Mr Bradford S. Hammer, Deputy Co. Admin., Human Services Mr Russell Harris, County Ombudsman Ms Tammy D. Haskins, Clerk to the Board Mr Thomas E. Jacobson, Dir., Planning Mr H. Edward James, Dir., Purchasing Mr Donald Kappel, Dir., Public Affairs 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 Paul Patten, Assessor Mr Paul Shorter, Dep. Chief, Fire Department Ms Sarah Snead, Dir. Social Services Mr James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin , Community Development 2/ 6/98 Mr. Thomas Taylor, Dir. Block Grant Office Mrs. Humphrey called the regularly scheduled meeting to order at 4:13 p.m. 1. APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of November 24, 1998, as submitted. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Mr. Virgil Hazelett, Henrico County Manager, and Mr. Dennis Turlington, Mr. Randy Phelps, Ms. Lori Greene, Ms. Ellen Robinson and Ms. Tammy Talley, County employees who have been instrumental in the County's blood drive efforts. Mr. Hazelett presented the County with the Virginia Blood Service Plaque for 1997 and commended Chesterfield County for its successful efforts towards the blood drive. Mr. Ramsey expressed appreciation to Mr. Hazelett for Henrico County's efforts towards promoting participation in the blood drive. Mr. Nunnally presented an overview of drought related issues in the County. He stated that the wet spring created harvesting problems and that the wet spring, combined with the drought, resulted in over seventy percent loss in hay production in the summer of 1998. He further stated that the Federal Farm Service Agency applied to the United States Agriculture Department (U.S.D.A.) for assistance for livestock growers and that he was notified today that the request was approved, making Chesterfield farmers eligible for coverage based on the number of the head of livestock owned. He stated that the corn and soybean crops were also severely affected. He further stated that tobacco growers with irrigation were able to survive the summer drought and that vegetable growers with irrigation had less yields than normal but were able to survive the drought. He further stated that Christmas tree growers survived the drought on mature trees but that there was a severe loss of newly planted Christmas trees. He stated that the Federal Farm Service Agency applied to the U.S.D.A. for disaster assistance for Amelia County and that if Amelia is declared a national disaster, all adjoining counties become eligible thereby making Chesterfield farmers eligible for assistance. He further stated that the assistance would be in low-interest loans to farmers who had been refused 98-907 by other lenders and, therefore, the assistance would not be of much help to the farmers. Ms. Linda Price, Chairman of the County's Drought Task Force, stated that approximately 550 gallons ef water were distributed at County fire stations for citizens experiencing problems with their wells due to the drought. She further stated that I~here has been an increase in the number of requests for well permits and that well drillers are nearly fiv® weeks behind in drilling new wells. She stated that Governor Gilmore's ban on open burning has been lifted due to the rains. Mr. Ramsey stated that the rains have raised the level of the Swift Creek Reservoir about five inches and the level is now holding its own, while twenty-five percent of production capacity is being drawn from the Reservoir. He noted that the current reservoir level is only an inch or two below the lowest level experienced in the past. There was brief discussion relative to establishing a water conservation plan should it become necessary. Mr. Ramsey stated that infrastructure during the high demand summer months remains the issue -- not the water supply itself. When asked, Ms. Price stated that Carver Middle School is no longer available for showering. There was brief discussion relative to the availability of water for livestock. Mrs. Humphrey stated hhat even though the ban on burning has been tifEed, there is sti].l potential, for the drought to return and suggested that County residents not display luminaries during the holiday season. Mr. Ramsey recognized Ms. Dickson and the Budget Department for receiving ~he Distinguished Budget Presentation Award 'from the Government Finance officers Association of the United States and Canada (GFOA) for the fifteenth consecutive year. He expressed appreciation to Ms. Dickson and staff for their outstanding efforts towards this achievement. Mr. Ramsey introduced Mr. Arne Sandal, with the Bellwood Athletic Association, and members of the Be!lwoed Youth Softball Team. Hiss Rachael Sandal and Miss Jennifer Tedder, members ef the Team, presented a plaque te Mr. McHale in appreciation ef his suppor~ ef the Bellwood Athletic Association Softball Program. Mr Sandal further express2d -' D-~'~ation to Mr McHale ..... ~p~z~ .... , on behalf of the Association, for' his support ef the Association's programs. 98-908' Mr. McHale expressed appreciation for the recognition. 3. BOARD Mr. Barber stated that he attended the Community Services Board Task Force meeting and that much progress is being made by the Task Force. He further stated that Mr. David Blackshear, Executive Director of Richmond International Airport, was the guest speaker at his constituent's meeting on December 7, 1998. He stated that he attended the Police Recognition Awards Ceremony and that one of his former students, Mr. Dallas Groseclose, was recognized at the Ceremony for his initiative towards crime prevention. He further stated that on January 1999, Ms. Mary Ann Curtin will be the guest speaker at his constituent's meeting regarding upcoming legislative items. Mr. Warren stated that Ms. Patricia Revere, the 1998 Christmas Mother, and Mr. Steve Erie, with the Chesterfield Community Partnership which promotes ~Buy Chesterfield First", were guest speakers at his constituent's meeting on December 8, 1998. Mr. Daniel stated that he attended the 250th Anniversary Committee meeting and that the agenda for the celebration is beginning to develop. He further stated that he attended the Capital Region Airport Commission meeting and noted that overall business in the Richmond metropolitan area continues to grow. He stated that the Commission approved the. submission of bids for the new roadway system and platforms in front of the new terminal. Mr. McHale stated that he attended the James River Parade of Lights and that the County Fire Department's boat was recognized for participation and support of the Parade. He presented a plaque to Mr. Ramsey, recognizing the Fire Department's efforts towards the Parade of Lights event. He expressed appreciation to Ms. Kim Conley, Staff Assistant for County Administration, for her outstanding efforts towards this event. He stated that he attended the Social Services Board meeting on December 14, 1998 and that the Board acted on twelve adoptions -- the largest number ever acted upon by the Board. He further stated that the Children's Home Society of Virginia, Ties That Bind and the Memorial Guidance Center are working in partnership with the County to expedite the process of adoption applications. He commended the partnership for its efforts towards the adoption process. Mrs. Humphrey expressed appreciation to Ms. Kim Conley for the outstanding presentation she prepared for her constituent's meeting on December 2, 1998. She stated that Ms. Conley put together a forum of speakers from County departments and non- profit organizations regarding services available for senior citizens in the County. She further stated that a community meeting was held December 7, 1998 at the YMCA, off Courthouse Road, and that the YMCA will be going through a reclassification process to change its zoning. She congratulated Mr. Matt Stinson and Mr. Matt Farrior, members of 98-909 12/16/98 the Matoaca High. School football team, for being chosen as All- State foetba].l players ~ s ~n~, the Manchester High School Band who will be attending the Peach Bow!. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATIO~ On motion of Mr. Warren, seconded by Mr. McHale, the Board deleted Item 8.D.14.b., Request to Quitclaim a Parcel of Land te Sommerville Development Corporation; deleted Item 17.D., Public Hearing to Consider an Ordinance to Vacate Portions of a Sixteen Poet Drainage Easement Within Second Branch~ Section 2; added Item 17.H., Public Hearing to Quitclaim a 0.401 Acre Parcel of Land to Sommerville Development Corporation; added Item 8.D.24., Authorization for County Administrator ko Enter into an Emergency Communications System Contract with Motorola; added Item 8.D.25., Transfer of Dale District Three Cent Road Funds to Purchase and Install an AirWatch Weather System at Salem Church Elementary School and, adopted the Agenda, as amended. Ayes: Humphrey, Warren~ Barber, Daniel, and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5 0A. RECOGNIZING MAJOR A. V. "BUCK" MADDRA, POLICR DEPARTMENT, UPON HIS RETIREMENT Colonel Baker introduced Major A. V. "Buck" Maddra who was present to accept the resolution. On motion of [he Board, the following resolunion was adopted: WHEREAS, Major A. V. "Buck" Maddra will retire from the Chesterfield County Police Department on January !, 1999; and WHEREAS, Major Maddra has provided thirty-[our years of quality service te the citizens ef Chesterfield County, faithfully serving in the capacity ef Dispatcher, Patrol Officer, Investigator, Sergeant, Lieutenant, Captain and Major; and WHEREAS, Major Maddra was named "Police Officer of the Year" for 1971-1972; and WHEREAS, Major Maddra started and commanded the first SWAT Team in the Chesterfield Police Department; started the first Street Crimes Unit of the Departmenu, which is now known as the Anti Crime Task Force; and started a Drug Dog Program in the Police Department; and WHEREAS, Major Maddra, through keen investigative skills, uncovered a murder for hire plot against a former Commonwealth's Attorney; and 98-910 12/'16/98 WHEREAS, Major Maddra is a 1991 graduate of the National Federal Bureau of Investigations Academy; and WHEREAS, Major iMaddra started a cooperative program between the Police D~Partment and the Chesterfield Community Services Board to deal with children exposed to domestic violence and organized and implemented Community Policing Programs in the County; and WHEREAS, Major Maddra assisted ~he Commonwealth's Attorney in setting up the first Multi-Jurisdictional Grand Jury in the South End of the County; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Major Maddra's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Major A. V. "Buck" Maddra and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Major Maddra 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 and Jefferson Cup to Major Maddra, accompanied by members of his family, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Mr. Warren expressed appreciation for Major Maddra's service and wished him well in his retirement. Mr. Daniel expressed appreciation for Major Maddra's contributions to the County and wished him well in his retirement. Mr. McHale expressed appreciation for Major Maddra's service and wished him well in his retirement. Mr. Barber expressed appreciation for Major accomplishments and presented him with a book. Maddra's Major Maddra thanked the Board for the recognition and recognized his family, office staff, Colonel Baker and several former Chiefs of Police, for their leadership and support over the years. 98-911 12/16/98 SoB. RECOGNIZING OFFICER JOHN R. BUCKA, SR., POLICE DEPARTMENT, UPON HIS RETIREMENT Colonel Baker introduced Officer John R. Bucka, Sr., who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Officer John R. Bucka, Sr. will retire from the Chesterfield County Police Department on January 1, 1999; and WHEREAS, Officer Bucka has provided thirty-two years of quality service to the citizens of Chesterfield County, faithfully serving in the capacity of Dispatcker, Firefighter, and Patrol Officer; and WHEREAS, Officer Bucka has served as a member of the Motorcycle Unit for Chesterfield County, providing escort duties, warrant and summons services, and traffic enforcement duties; and WHEREAS, Officer Bucka was instrumental in the development, training and mentoring of all members of the Motorcycle Unit and his extensive knowledge of motorcycle operations is recognized throughout the local area; and WHEREAS, Officer Bucka has received numerous letters of commendation for his exemplary police work and devotion to his chosen profession of law enforcement; and WHEREAS, Officer Bucka has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Officer Bucka's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Officer John R. Bucka, Sr. and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Officer. Bucka 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 and Jefferson Cup to Officer Bucka, accompanied by his wife, expressed 98-912 12/16/98 appreciation for his dedicated service to the County, and wished him well in his retirement. Officer Bucka thanked the Board for the recognition and recognized employees of the Police Department for their support. 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 Mr. Daniel stated that he supports the requests for streetlight installation cost approvals for the Dale District due to health, safety and welfare issues. Mrs. Humphrey stated that she would like to research the streetlight installation request for the Matoaca District before making a decision. Mr. Daniel made a motion, seconded by Mr. McHale, for the Board to approve the following streetlight installation cost approvals: Dale District * Newbys Wood Trail, vicinity of 5210, Newbys Wood Subdivision Cost to install light: $556.02 * Manuel Street and Thierry Street, Kings Forest Subdivision Cost to install light: $1,026.72 And, further, the Board deferred the request for the following streetlight installation'cost approval until January 13, 1999: Matoaca District * Halls Run Road, dead end near Courthouse Road Cost to install light: $528.00 (It is noted that the following streetlight installation cost approvals were administratively approved): 98-913 12/16/98 Pineland Road and Ronson Road, existing pole Clearpoint Road and Qualla Road, existing pole Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8oBo APPROVAL FOR INCLUSION OF PRIVATE STREETLIGHTS INTO THE COUNTY STREETLIGHT PROGRAM Mr. Stith stated that the proposed request is for the second part of the streetlights in the Brandermill area being taken over by the County and that staff recommends approval. Mr. Warren made a motion, seconded by Mr. McHale, for the Board to include the list of private streetlights in the Brandermill area in the County Streetlight Program. There was brief discussion relative to neighborhoods with private streetlights. Mr. Barber stated that he feels staff should prepare a list of private streetlights and have the Board take action to include them all into the County Streetlight Program rather than bringing individual community requests to the Board. Mrs. Humphrey stated that since the Board has already approved inclusion of Phase I of the Brandermill private streetlights into the County Streetlight Program, she recommends that the Board approve the request to include the second phase of the Brandermill private streetlights into the County Streetlight System. She requested that staff still prepare a list of private streetlights to bring before the Board. When asked, Mr. McElfish stated that the total cost of taking over all of the Brandermill area streetlights will be approximately $15,000 to $16,000. Mr. Daniel stated that he feels the County's concept of streetlights needs to be reviewed. Mrs. Humphrey then called for a vote on the motion of Mr. Warren, seconded by Mr. McHale, for the Board to include the following private streetlights in the County Streetlight Program: Brandermill Parkway and Old Hundred Road Brandermill Parkway and Quail Hill Drive Brandermill Parkway and Pebble Creek Road Brandermill Parkway and McTyres Cove Road Brandermill Parkway and Nuttree Woods Drive Brandermill Parkway and Stoney Ridge Road Brandermill Parkway and Riverbirch Trace Road Brandermill Parkway and Seven Oaks Road Brandermill Parkway and Walkers Ferry Road Brandermill Parkway and North Beach Road (North) Brandermill Parkway and Barnes Spring Road 12/16/98 98-914 Brandermill Parkway and North Beach Road (South) Brandermill Parkway and Sterlings Bridge Road Brandermill Parkway and Sagewood Road Brandermill Parkway and Genito Road North Beach Road and Shallowford Landing Road North Beach Road and Shallowford Trace Foxchase Lane and Genito Road Foxchase Drive and Three Bridges Road Genito Road and Sandyridge Parkway Foxchase Drive and Overcreek Lane Nuttree Woods Drive and Overcreek Lane Nuttree Woods Drive where the Nuttree Woods Drive loops back on itself. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Daniel, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Community Services Board; the Personnel Appeals Board; the Disability Services Board; the Appomattox River Water Authority Board; the Solid Waste Advisory Committee; and the Central Virginia Waste Management Authority Board of Directors. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.1. COMMUNITY SERVICES BOARD On motion of Mr. Daniel, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mr. Thomas M. Deadmore, representing the Dale District, to serve on the Community Services Board, whose term is effective January 1, 1999 and will expire December 31, 2001. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.2. PERSONNEL APPEALS BOARD On motion of Mr. McHale, seconded.by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Michael M. Shackleford, representing the County at-large, to serve on the Personnel Appeals Board, whose term is effective January 1, 1999 and will expire December 31, 2001. Ayes: Humphrey, Warren, Barber,.Daniel, and McHale. Nays: None. 98-915 12/lS/98 8.C.3. DISABILITY SERVICES BOARD On motion of Mr. McHale, seconded by Mr. Daniel, the Board simultaneously nominated/appointed/reappointed Mr. Wyatt Moorefield, representing the County at-large; Ms. Kathy Brooks, representing the Bermuda District; Ms. Sandra Griffin, representing the Dale District; and Ms. Judy Rossi, staff representative, to serve on the Disability Services Board, whose terms are effective January 1, 1999 and will expire December 31, 2000. And, further, the Board deferred consideration of a member, representing the Midlothian District, to serve on the Disability Services Board until January 13, 1999. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.4. APPOMATTOX RIVER WATER AUTHORITY BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mr. Craig Bryant, alternate member, to serve on the Appomattox River Water Authority, whose term is effective January 1, 1999 and will expire December 31, 2000. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.5. SOLID WASTE ADVISORY COMMITTEE On motion of Mr. Daniel, seconded by Mr. McHale, the Board simultaneously nominated/appointed/reappointed Mr. William Parrish and Mr. David Gee, representing the Matoaca District; Ms. Dona Link and Mr. Thomas McKinley, representing the Dale District; Mr. Michael Murphy, representing the Midlothian District; Mr. James Kalanges and Ms. Mary Zippler, representing the Bermuda District; Mr. Hugh Hawthorne and Mr. William Howell, representing the Clover Hill District; and Ms. Marie Trainham, representing the County at-large, to serve on the Solid Waste Advisory Committee, whose terms are effective January 1, 1999 and will expire December 31, 2002. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.6. CENTRAL VIRGINIA WASTE MANAGEMRNT AUTHORITY On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mr. William Howell, representing the County at-large, and Mr. James J. L. Stegmaier, alternate member, to serve on the Central Virginia Waste Management Authority Board of Directors, whose terms are effective January 1, 1999 and will expire December 31, 1999. 98-916 12/16/98 And, further, the Board simultaneously nominated/reappointed Mrs. Marcia Rygh Phillips, representing the County at-large, and Mr. Raymond F. McGowan, alternate member, to serve on the Central Virginia Waste Management Authority Board of Directors, whose terms are effective January 1, 1999 and will expire December 31, 2000. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D. CONSENT ITEMS 8.D.1. ADOPTION OF RESOLUTION RECOGNIZING DETECTIVE JAMES M DUDLEY, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, Detective James M. Dudley will retire from the Chesterfield County Police Department on January 1, 1999; and WHEREAS, Detective Dudley has provided thirty years of quality service to the citizens of Chesterfield County, faithfully serving in the capacity of Dispatcher, Patrol Officer, Investigator and Detective; and WHEREAS, Detective Dudley has continually demonstrated his willingness to work with other jurisdictions, which has built bridges that will assist detectives and patrol officers for years to come; and WHEREAS, Detective Dudley has received numerous letters of thanks and appreciation for the assistance rendered in all types of situations; and WHEREAS, Detective Dudley has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Detective Dudley's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Detective James M. Dudley and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. 98-917 12/16/98 AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Detective Dudley and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.2. APPROVAL OF POLICY REGULATING "NON-SCHOOL" USE OF PUBLIC SCHOOLS FOR FY98/99 AND FY99/00 SCHOOL YEARS On motion of Mr. Barber, seconded by Mr. McHale, the Board approved a policy regulating "non-school" use of public schools for FY98/99 and FY99/00 school years. (It is noted a copy of the non-school use categories for use/rental of school facilities is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.3. APPROVAL OF ADVANCE FUArDING TO THE CHESTERFIELD HEALTH CENTER COMMISSION TO COVER CASH SHORTFALLS RELATED TO THE NURSING HOME CONSTRUCTION PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the advance of $700,000 to the Chesterfield Health Center Commission to cover cash shortfalls related to the Nursing Home Construction Project. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.4. AWARD OF CONTRACTS TO COMMONWEALTH CATHOLIC CHARITIES AND FRANK MANNERS LCSW FOR COURT REFERRED BATTERER INTERVENTION SERVICES On motion of Mr. Barber, seconded by Mr. McHale, the Board awarded contracts to Commonwealth Catholic Charities and Frank Manners LCSW to provide for court referred domestic violence offender intervention services. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.5. 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 North Oaks, Section B, Bermuda District, and 98-918 Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in North Oaks, Section B, Bermuda District, meet the requirements established by the Subdivision Street Req~lirements of the Virginia Department of Transportation, and~ Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Barber, seconded by Mr. McHale, it is resolved that the roads in North Oaks, Section B, Bermuda District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Oakside Drive Length: 0.21 mile From: Cul-de-sac, 0.22 mile southeast of Oak Center Drive, State Route 4589 To: Existing Oakside Drive, State Route 4585, 0.01 mile south of Oak Center Drive, State Route 4589 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Oakdell Drive Length: 0.16 mile From: Cul-de-sac, 0.17 mile south of Oak Center Drive, State Route 4589 To: Existing Oakdell Drive, State Route 4586, 0.01 mile south of Oak Center Drive, State Route 4589 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Oakshire Lane Length: 0.06 mile From: Oakdell Drive, 0.12 mile south of Oak Center Drive, State Route 4589 To: Oakshire Terrace, 0.06 mile east of Oakdell Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Oakshire Terrace Length: 0.09 mile From: Cul-de-sac, 0.04 mile south of Oakshire Lane To: Cul-de-sac, 0.05 mile north of Oakshire Lane Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 58 lots. This section of North Oaks is recorded as follows: 98-919 12/16/98 Section B, Plat Book 88~ Page 35, July 11, 1995. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Meadowbrook Farm, Section F, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Meadowbrook Farm, Section F, 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. Barber, seconded by Mr. McHale, it is resolved that the roads in Meadowbrook Farmi Section F, 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 Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: S. Melbeck Road Length: 0.07 mile From: Existing S. Melbeck Road, State Route 2118, 0.10 mile south of Country Manor Lane, State Route 4560 To: Cul-de-sac, 0.17 mile southeast of Country Manor Lane, State Route 4560 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Melbeck Court Length: 0.04 mile From: Cul-de-sac, 0.04 mile southeast of S. Melbeck Road To: S. Melbeck Road, 0.!0 mile 'south of Country Manor Lane, State Route 4560 Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of nhe adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 14 lots. This section of Meadowbrook Farm is recorded as follows: 98-920 12/ 6/98 Section F, Plat Book 91, Page 26, July 2, 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 road in Bayhill Pointe, Section 1, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Bayhill Pointe, Section 1, Matoaca District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Barber, seconded by Mr. McHale, it is resolved that the road in Bayhill Pointe, Section 1, Matoaca District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Battlecreek Drive Length: 0.18 mile From: End of section limits, 0.28 mile south of Bay Knolls Trail, State Route 5014 To: Existing Battlecreek Drive, State Route 5013, 0.10 mile south of Bay Knolls Trail, State Route 5014 Variable Right-of-Way Width: 70 to 79 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves as access to adjacent subdivision sections. This section of Bayhill Pointe is recorded as follows: Section 1, Plat Book 85, Pages 43 and 44, August 26, 1994. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-921 12/16/98 This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Bayhill Pointe, Section 2, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Bayhill Pointe, Section 2, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Barber, seconded by Mr. McHale, it is resolved that the roads in Bayhill Pointe, Section 2, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Hillcreek Drive Length: 0.22 mile From: Battlecreek Drive, 0.27 mile south of Bay Knolls Trail, State Route 5014 To: Existing Hillcreek Drive, State Route 5016, 0.02 mile south of Bay Knolls Trail, State Route 5014 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Hillcreek Turn Length: 0.10 mile From: Cul-de-sac, 0.10 mile west of Hillcreek Drive To: Hillcreek Drive, 0.04 mile north of Battlecreek Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Point Placid Drive Length: 0.02 mile From: Hillcreek Drive, 0.04 mile north of Battlecreek Drive To: End of road, 0.02 mile east of Hillcreek Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Hillcreek Mews Length: 0.05 mile From: Hillcreek Drive, 0.10 mile north of Battlecreek Drive To: Cul-de-sac, 0.05 mile east of Hillcreek Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Goldengate Place Length: 0.05 mile From: Cul-de-sac, 0.05 mile west of Hillcreek Drive To: Hillcreek Drive, 0.17 mile north of Battlecreek Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Hillcreek Circle Length: 0.03 mile From: Hillcreek Drive, 0.17 mile north of Battlecreek Drive 98-922 To: End of road, 0.03 mile east of Hillcreek Drive Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 38 lots. This section of Bayhill Pointe is recorded as follows: Section 2, Plat Book 92, Page 16, October 17, 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 Foxcroft, Section VI, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Foxcroft, Section VI, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the CoUnty and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Barber, seconded by Mr. McHale, it is resolved that the roads in Foxcroft, Section VI, 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: Foxvale Way Length: 0.29 mile From: Fox Club Parkway, 0.09 mile west of Fox Briar Road, State Route 5202 To: Houndmaster Road, State Route 5215, at intersection with existing Foxvale Way, State Route 5218 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Foxvale Court Length: 0.12 mile From: Cul-de-sac, 0.12 mile west of Foxvale Way To: Foxvale Way, 0.05 mile north of Fox Club Parkway, State Route 5201 2/16/98 98-923 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 36 lots. This section of Foxcroft is recorded as follows:, Section VI, Plat Book 85, Page 73, October 3, 1994. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Riverton, Section A, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Riverton, Section A, Midlothian District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Barber, seconded by Mr. McHale, it is resolved that the roads in Riverton, Section A, Midlothian 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: Riverton Drive Length: 0.27 mile From: Cul-de-sac, 0.27 mile southeast of James River Road, State Route 3387 To: James River Road, State Route 3387, 0.15 mile northeast of Robious Road, State Route 711 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Riverton Court Length: 0.18 mile From: Cul-de-sac, 0.18 mile southwest of Riverton Drive To: Riverton Drive, 0.14 mile southeast of James River Road, State Route 3387 Guaranteed Right-of-Way Width: 40 feet. 2/16/98 98-924 This request is inclusive of the adjacent slope, sight distance, clear zonej and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 41 lots. This section of Riverton is recorded as follows: Section A, Plat Book 85, Page 75, October 3, 1994. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.6. APPROVAL OF ADDITIONAL LEGISLATIVE REQUEST FOR THE 1999 GENERAL ASSEMBLY AND REQUEST PLANNING COMMISSION TO REVIEW ISSUE OF MANUFACTURED HOMES AND THEIR LOCATION ON AGRICULTURALLY-ZONED PROPERTY On motion of Mr. Barber, seconded by Mr. McHale, the Board approved an additional legislative request for the 1999 General Assembly relating to restricting the placement of manufactured homes and requested that the Planning Commission review the issue of manufactured homes and their location on agriculturally-zoned parcels. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.7. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE OPEN- SPACE USE AGREEMENT FOR LAND USE TAXATION OF 12.3 ACRES OF REAL PROPERTY OWNED BY ETHYL V. HOTZ LOCATED ON BRANDERS BRIDGE ROAD On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the County Administrator to execute an open-space use agreement for land use taxation of 12.3 acres of real property owned by Ethyl V. Hotz located at 14901 Branders Bridge Road. (It is noted a copy of the vicinity sketch and open space agreement is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.8. SET DATES FOR PUBLIC HEARINGS 8.D.8 .b. TO CONSIDER THE APPROPRIATION OF ANTICIPATED VIRGINIA DEPARTMRNT OF TRANSPORTATION REIMBURSEMENTS FOR THE ROUTE 360 DESIGN PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board set the date of January 13, 19919 at 7:00 p.m. for a public hearing to consider the appropriation of $700,000 in anticipated 98-925 Virginia Department of Transportation reimbursements for the Route 360 Design Project. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.8 c. TO CONSIDER THE CONVEYANCE OF A PARCEL OF LAND IN THE AIRPORT INDUSTRIAL PARK TO LANDMARK COMPANY OF VIRGINIA On motion of Mr. Barber, seconded by Mr. McHale, the Board set the date of January 13, 1999 at 7:00 p.m. for a public hearing to consider the conveyance of a parcel of land, containing 3.66 ± acres, in the Airport Industrial Park to The Landmark Company of Virginia, Incorporated. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.8.d. TO CONSIDER AMENDING THE BOUNDARIES OF THE JEFFERSON DAVIS ENTERPRISE ZONE THROUGH AN AMENDED ENTERPRISE ZONE APPLICATION On motion of Mr. Barber, seconded by Mr. McHale, the Board set the date of January 13, 1999 at 7:00 p.m. for a public hearing to consider amending the boundaries of the Jefferson Davis Enterprise Zone through an amended enterprise zone application. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.9. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO TERMINATE CONSTRUCTION CONTRACT WITH RYSTE AND RICAS, INCORPORATED AND ENTER INTO A NEW CONTRACT WITH A NEW GENERAL CONTRACTOR FOR THE CONSTRUCTION OF THE EMERGENCY COMMUNICATIONS CENTER AND EXECUTE AN AGREEMENT WITH TRAVELER'S INSURANCE COMPANY AND RYSTE AND RICAS TO CHANGE CONTRACTORS On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the County Administrator to terminate the construction contract with Ryste and Ricas, Incorporated and enter into a new contract with a new general contractor for the construction of the Emergency Communications Center and execute an agreement with Traveler's Insurance Company and Ryste and Ricas, Incorporated to change contractors. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-926 2/16/98 8.D.10. APPROVAL TO CREATE NEW POSITIONS FOR THE DEPARTMENT OF SOCIAL SERVICES TO SUPPORT T~E DAY CARE PROGRAM AND THE VIRGINIA CHILDREN'S MEDICAL SECURITY INSURANCE PLAN AND APPROPRIATION OF FUNDS On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the creation of five full-time positions for the Department of Social Services to support the Day Care Program and the Virginia Children's Medical Security Insurance Plan and appropriated supplemental Federal and State funding in the amount of $371,221. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D,11. REQUEST FOR PERMISSION FROM TIDEWATER CONSTRUCTION CORPORATION TO USE COUNTY OWNED PROPERTY FOR TEMPORARY STORAGE OF CONSTRUCTION MATERIALS, EQUIPMENT, AND VEHICLES On motion of Mr. Barber, seconded by Mr. McHale, the Board approved a request from Tidewater Construction Corporation to use County owned property, known as 1900 and 2000 Marina Drive, for temporary storage of construction materials, equipment and vehicles while replacing the 1-95 Falling Creek Bridge, 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.12. AWARD OF CONTRACT TO SOUTHWOOD BUILDERS FOR THE SWIFT CREEK WATER TREATMENT PLANT UPGRADE PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board awarded a contract to Southwood Builders, in the amount of $608,000, for the Swift Creek Water Treatment Plant Upgrade Project and authorized the County Administrator to execute the necessary documents. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.13. APPROPRIATION OF FUNDS FOR WATER INFRASTRUCTURE IMPROVEMENTS IN THE HUGUENOT SPRINGS PRESSURE ZONE On motion of Mr. Barber, seconded by Mr. McHale, the Board appropriated $50,000 from the water fund balance for water infrastructure improvements in the Huguenot Springs pressure zone. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-927 12/16/98 8.D.14. REQUESTS TO QUITCLAIM 8.D.14.a. A PORTION OF A TWENTY FOOT SEWER AND WATER EASEMENT ACROSS PROPERTY OF VILLAGE ASSOCIATES On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a twenty foot sewer and water easement across the property of Village Associates. (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.15. ACCEPTANCES OF PARCELS OF LAND 8 .D.15.a. ALONG HUGUENOT ROAD FROM GEORGE E. WILSON, JR. AND GEORGIA J. WILSON On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 0.071 acres along Huguenot Road from George E. Wilson, Jr. and Georgia J. Wilson and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.15.b. ALONG HUGUENOT ROAD FROM LEWIS W. COMBS AND VIRGINIA C. COMBS On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 0.136 acres along Huguenot Road from Lewis W. Combs and Virginia C. Combs and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.15.c. ALONG THE SOUTH RIGHT OF WAY LINE OF SPRING RUN ROAD FROM EUGENE C. AUTRY AND K. REED SCHWEICKERT, JR., TRUSTEES On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 0.643 acres along the south right of way line of Spring Run Road from Eugene C. Autry and K. Reed Schweickert, Jr., Trustees, and authorized the County Administrator to execute the necessary 98-928 deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.16 CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY TO INSTALL UNDERGROUNDPRIMARY CABLE LINES TO PROVIDE SERVICE TO THE NEW SECTION OF RIVERTON SUBDIVISION On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground primary cable lines to provide service to the new section of Riverton Subdivision. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.17. APPROPRIATION OF FUNDS TO THE ECONOMIC DEVELOPMENT DEPARTMENT FROM THE SALE OF A LICENSE AGREEMENT FOR THE DEPARTMENT'S SITE AND BUILDING SYSTEM On motion of Mr. Barber, seconded by Mr. McHale, the Board appropriated $50,000 from sale of a license agreement for the Economic Development Department's site and building system and increased budgeted expenditures in the Economic Development Department for the purchase of new computer equipment and other capital equipment. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.18. APPROVAL OF UTILITIES CONTRACTS 8.D.18.a. FOR GREENSPRINGS WATER EXTENSION TO SERVE THE GROVE AT SWIFT CREEK PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the following Utility Contract, for Greensprings Water Extension to serve The Grove at Swift Creek Project - Contract Number 90-0279, which includes 1,746 L.P. of sixteen inch water lines: Developer: Schaedle Worthington Hyde Properties, L.P. Contractor: Castle Equipment Corporation Contract Amount: Estimated Total - Total Estimated County Cost: Water (Oversizing) $147,586.33 98-929 12/16/98 $3,185.00 Estimated Developer Cost Code: (Oversizing - Cash Refund) District: Matoaca $144,401.33 5B-572WO-E4C (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.18.b. FOR THE GROVE AT SWIFT CREEK PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the following Utility Contract, for The Grove at Swift Creek Project - Contract Number 97-0248, which includes 1,444 L.F. ± of sixteen inch oversized water lines: Developer: Schaedle Worthington Hyde Properties, L.P. Contractor: Castle Equipment Corporation Contract Amount: Estimated Total - $145,153.85 Total Estimated County Cost: Water (Oversizing) $21,345.00 Estimated Developer Cost $123,808.85 Code: (Oversizing - Cash Refund) 5B-572WO-E4C District: Matoaca (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.19. AUTHORIZATION FOR RIGHT-OF-WAY STAFF TO BID ON PROPERTY ON COGBILL ROAD On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the Right-of-Way staff to bid, at a Judicial Sale, for the purchase of property at 5015 Cogbill Road and authorized the County Administrator to enter into the required contract and sign the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-930 12/16/98 8.D.20. CANCEL PUBLIC HEARING TO CONSIDER AN INDUCEMENT GRANT OF $185,000 TO A FOREIGN COMPANY FOR THE ACQUISITION OF FOURTEEN ACRES IN THE APPOMATTOX INDUSTRIAL CENTER AND RESET DATE FOR PUBLIC HEARING FOR THE SAME PURPOSE On motion of Mr. Barber, seconded by Mr. McHale, the Board canceled the public hearing scheduled for December 16, 1998 at 7:00 p.m. to consider an Inducement Grant of $185,000 to a foreign company for the acquisition of fourteen acres in the Appomattox Industrial Center and rescheduled the date for the public hearing for January 13, 1999 at 7:00 p.m. for the same purpose. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.21. TRANSFER OF MATOACA DISTRICT THREE CENT ROAD FUNDS TO PURCHASE AND INSTALL PLAYGROUND EQUIPMENT AT GRANGE HALL ELEMENTARY SCHOOL After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $3,000 from the Matoaca District Three Cent Road Fund to the School Board for purchasing and installing playground equipment at Grange Hall Elementary School. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.23. APPROPRIATION OF FUNDS AND AUTHORIZATION FOR POSITIONS FOR THE PUBLIC HEALTH NURSE PROGRAM After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the creation of three school nurse positions and appropriated $36,200 to the Health Department for the Public Health Nurse Program in Schools. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.24. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO ENTER INTO EMERGENCY COMMUNICATIONS SYSTEM CONTRACT WITH MOTOROLA, INCORPORATED On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the County Administrator to enter into an Emergency Communications System Contract with Motorola, Incorporated for designing, manufacturing and installing a new digital 20- channel emergency communications system. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-931 8 .D.25 TRANSFER OF DALE DISTRICT THREE CENT ROAD FUNDS TO PURCHASE AND INSTALL AN AIRWATCH WEATHER STATION AT SALEM CHURCH ELEMENTARY SCHOOL On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $4,065 from the Dale District Three Cent Road Fund to the School Board for purchasing and installing an AirWatch Weather Station at Salem Church Elementary School. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .D.22. TRANSFER OF MATOACA DISTRICT STREETLIGHT FUNDS TO PURCHASE BAND UNIFORMS AND A NEW FRONT BANNER AT MANCHESTER HIGH SCHOOL Mrs. Humphrey stated that the parents, teachers and students of Manchester High School have raised the funds for the school band to attend the Peach Bowl. She further stated that there will be over one hundred students, representing Manchester High School, attending the Peach Bowl and that there are not enough band uniforms for the students. She stated that used uniforms, in quality shape, can be purchased from Lee Davis High School which will match the uniforms worn by the Manchester High School Band members. She further stated that if new uniforms were to be purchased, they would cost approximately $6,000. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to transfer $750 from the Matoaca District Streetlight Fund to the School Board for purchasing used band uniforms from Hanover County and a new front banner for Manchester High School. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey recognized Ms. Kathy Kitchen, a Manchester High School parent, and two Manchester High School students, who were present at the meeting, and expressed appreciation for the parents' and students' fundraising efforts towards the Peach Bowl trip. She also expressed appreciation for corporate contributions from Sprint, PCS; Primeco Personal Communications; Shoosmith Brothers, Incorporated; USA Waste of Virginia; DuVal Development; and Triton PCS, Incorporated for Manchester High School's Peach Bowl trip. 8.D.8.a. TO CONSIDER SHOOSMITH BROTheRS, INCORPORATED'S REQUEST TO SITE AND OPERATE A MUNICIPAL SOLID WASTE MANAGEMENT FACILITY Mr. McHale stated that he would like to postpone the date of the January 13, 1998 public hearing to consider Shoosmith Brothers, Incorporated's request to site and operate a municipal solid waste management facility in an effort to allow 98-932 12/16/98 time for consideration of the technical issues involved in the siting and operations plans. When asked, Mr. Pitaro displayed several books of engineering documentation. Mr. McHale stated that he does not feel the public is being allowed adequate time to review the documentation before the public hearing. He further stated that he would like to reset the date of the public hearing for February 10, 1999 to allow the public ample time to review the details of the engineering documentation. He stated that the management plan must be acted upon by March, 1999. Mrs. Humphrey stated that she feels that most of the technical data has already been reviewed. She further stated that professional obligations may prevent her from attending the February 10, 1999 meeting and requested that the public hearing be rescheduled for January 27, 1999. Mr. Warren concurred with Mrs. Humphrey's comments. Mr. McHale stated that he would agree to the public hearing being held on January 27, 1999 if this is the consensus of the Board. There was brief discussion relative to the availability of the engineering documentation for review by County citizens. Mr. Thomas McKinley, representing Shoosmith Brothers, Incorporated, stated that all information relative to the facility has been made available to the citizens at the Central Library at the same time as it was presented to the County. He further stated that in December, 1997 the County was presented with Part A; in August, 1998 the County was presented with Part B and plans; and on December 7, 1998 the County was presented with consolidated documents. Mr. Barber stated that, after hearing Mr. McKinley's comments, he concurs with rescheduling the public hearing until January 27, 1999. Mr. Daniel stated that he concurs with holding the public hearing on January 27, 1999. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to set the date of January 27, 1999 at 7:00 p.m. for a public hearing to consider a request from Shoosmith Brothers, Incorporated to site and operate a municipal solid waste management facility within the County. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-933 12/~6/98 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 11. EXECUTIVE SESSION PURSUANT TO SECTION 2.1-344(A) (7}, CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING LEGAL ISSUES RELATING TO DAVID R. COSBY, ET AL. V. BOARD OF SUPERVISORS AND PURSUANT TO SECTION 2.1-344(A) (1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFI~ APPOINTEE OF THE BOARD On motion of Mr. McHale, seconded by Mr. Daniel, the Board went into an executive session pursuant to Section 2.1-344(A) (7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding legal issues relating to David R. Cosby, et al. V. Board of Supervisors and pursuant to Section 2.1- 344(A) (1), Code of Virginia, 1950, as amended, relating to the performance of a specific appointee of the Board. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1999 provides for certification that such Executive Session was conducted in conformity with law. 98-934 12/16/98 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. Barber, seconded by Mr. Daniel, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Reconvening: 13. INVOCATION Reverend Robert Dortch, Pastor of Shiloh Baptist Church, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mrs. Humphrey led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS 15.B. RECOGNIZING THE BRANDERMILL COMMUNITY ASSOCIATION AS CENTRAL VIRGINIA'S "COMMUNITY ASSOCIATION OF THE YEAR" On motion of the Board, the following resolution was adopted: WHEREAS, the Brandermill Community Association will celebrate its 25th anniversary in 1999; and 98-935 WHEREAS, the Brandermill Co~mmunity Association contributes significantly to the quality of life enjoyed by those Chesterfield County residents residing in Brandermill; and WHEREAS, the Central Virginia Chapter of the Community Association Institute has named the Brandermill Community Association the ~Community Association of the Year" for 1998; and WHEREAS, this prestigious award is given in recognition of leadership and vision on behalf of the Community Association's residents; and WHEREAS, this award also considers the advancement of sound business development and planning, environmental stewardship and active participation with local government; and WHEREAS, such noteworthy efforts deserve appropriate recognition. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Brandermill Community Association; expresses their appreciation for their many contributions; and wishes them continued success. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Warren presented the executed resolution to Mr. Mike Divita, Community Manager of Brandermill Community Association, and expressed appreciation for his leadership and the achievements of the Association. Mr. Divita displayed the plaque received by the Brandermill Community Association recognizing them as the "Community Association of the Year" for 1998 and expressed appreciation to the Board for the recognition and for the relationship that Brandermill has with the County. 15 .A. RECOGNIZING DR. GLADYS NUNNALLY FOR BEING SELECTED AS ONE OF THE 1999 TOP TEN BUSINESS WOMEN OF Tw~ YEAR Mr. Kappel introduced Dr. Gladys Nunnally who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Virginia State University (VSU) is located in Chesterfield County, Virginia; and WHEREAS, VSU offers a quality of higher education to young people from throughout the region and the nation; and 98-936 12/16/98 WHEREAS, Dr. Gladys Collins Nunnally is an assistant professor at VSU; and WHEREAS, Dr. Nunnally has distinguished herself by being recognized as one of the 1999 Top Ten Business Women of the Year by the American Business Women's Association, a national organization; and WHEREAS, selections were made from the more than 80,000 women in the organization; and WHEREAS, such distinction brings honor to Dr. Nunnally, Virginia State University and Chesterfield County; and WHEREAS, recognition. such excellence deserves appropriate NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Dr. Gladys Collins Nunnally; extends their congratulations on her achievement; and expresses their appreciation for the contributions she makes to the quality of higher education in Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Dr. Nunnally 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 Dr. Nunnally and expressed appreciation for her efforts in the area of education that led to her receiving the distinguished honor. Dr. Nunnally thanked the Board for the recognition. 15.C. RECOGNIZING ALLIEDSIGNAL INCORPORATED AS THE 1998 LARGE BUSINESS OF THE YEAR Mr. Stith introduced Mr. F. Turner Plunkett, Director of Operations for AlliedSignal Incorporated's Chesterfield Plant, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the County that contribute to the County's economy and. its citizens; and WHEREAS, AlliedSignal Incorporated has contributed innovative products, superior services and progressive technologies with extraordinary quality worldwide; has been 98-937 12/16/98 located in Chesterfield County for forty-three years and has a combined employment of 2,200 employees at the Chesterfield Manufacturing Plant and Technical Center; and WHEREAS, AlliedSignal Incorporated pays over $4.9 million in State and local taxes annually and is the fifth largest private employer in the Richmond Area; Chesterfield County is home to the AlliedSignal Polymers headquarters and manufactures Spectra, nylon carpet fibers, industrial fibers and engineered plastics; and AlliedSignal Incorporated is a company which, through its strong emphasis on health, safety and environmental excellence, works to protect its employees, customers and plant neighbors; and WHEREAS, the employees of AlliedSignal Incorporated continue to take the lead in raising funds for non-profit organizations and have contributed $190,000 to the United Way; has donated land to the Bensley-Bermuda Emergency Rescue Squad to build its new facility; and co-sponsors the Envirothon Competition between teams of high school students from Chesterfield. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes AlliedSignal Incorporated and expresses its appreciation, on behalf of the County, for their many contributions by recognizing them as the "1998 Large Business Recipient of the Chesterfield County Business Appreciation and Recognition Award." AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to AlliedSignal Incorporated 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 and silver plate to Mr. Plunkett and commended him on AlliedSignal's outstanding contributions to the County. Mr. Plunkett thanked the Board for its recognition and support. 15 .D. RECOGNIZING THE LANDMARK COMPANY OF VIRGINIA, INCORPORATED AS THE 1998 CHESTERFIELD COUNTY DEVELOPER OF THE YEAR Mr. Stith introduced Mr. John O'Connor, President of The Landmark Company of Virginia, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors 98 -938 12/16/98 established a Business Appreciation and Recognition Award to recognize existing businesses within the County that contribute to the County's economy and its citizens; and WHEREAS, The Landmark Company of Virginia, Incorporated began its business in Chesterfield County in 1978 with an office/warehouse building in $outhport Commercial Park where only two other buildings existed at the time; and WHEREAS, The Landmark Company of Virginia, Incorporated has been instrumental in the development of the Chesterfield Business Center at the Chesterfield County Airport Industrial Park, the Southport Business Center and the Chesterfield Court Shopping Center; and WHEREAS, over the past year The Landmark Company of Virginia, Incorporated has facilitated the location of Legg US and DunMar Moving Systems in the Airport Industrial Park; and WHEREAS, the Chesterfield Business Center and Southport Office Park paid $131,745 in real estate taxes in 1998 alone and are home to more than a hundred businesses, providing employment for and services to County residents and paying their business taxes; and WHEREAS, employees of The Landmark Company of Virginia, Incorporated have served on various community boards and volunteered in organizations that include the Chesterfield Planning Commission, the rescue squad and Maymont Park. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes The Landmark Company of Virginia, Incorporated and expresses its appreciation, on behalf of the County, for their many contributions by recognizing them as the "1998 Recipient of the Chesterfield County Developer of the Year Award." AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to The Landmark Company of Virginia, Incorporated and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Mrs. Humphrey presented the executed resolution and silver plate to Mr. O'Connor and commended him on the quality contributions made by The Landmark Company to the County. Mr. O'Connor expressed appreciation to the Board for the recognition and to County staff for their support. 98-939 lz/16/98 15 .E. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 15.E.1. MICHAEL BRANDON PACE, TROOP 806 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. Michael Brandon Pace, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Brandon 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. Michael Brandon Pace and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Daniel presented the executed resolution and patch to Mr. Pace, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Pace expressed appreciation to the Board for the recognition and to God, his family and members of his troop. 15.E.2. DAVID EDWARD HELLMAN, TROOP 829 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 98-940 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. David Edward Hellman, Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, David 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. David Edward Hellman and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Warren presented the executed resolution and patch to Mr. Hellman, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Hellman expressed appreciation to the Board for the recognition and to his parents, Scoutmaster and members of his troop. Before proceeding to the next item, Mrs. Humphrey read the following statement into the record: "This past summer, the Board approved granting a lease to Richmond First Tee to build a golf course for children in Ironbridge Park. That decision has been challenged in State and Federal Court by the opponents to the project with varying degrees of success. It is the policy of the Board to allow the County Attorney to defend our decisions, and this case is no different. The Board will not intervene to stop the normal process from moving forward by which our attorneys will defend the Board's decision in court by whatever methods they deem appropriate." Mr. Daniel stated that initially he was inclined not to appeal but that the integrity of the government must stand before 12/16/9s 98-941 -j individual views and he totally respects the decision of the Board which has appealed every case that it ever lost in court. 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 WILT, BE HEARD AT SECTION 18 98SN0182 (Amended) In Dale Magisterial District, WALTER W. MARSH requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) of 47.9 acres and to Light Industrial (I-l) of 30.2 acres. A single family residential subdivision with a minimum lot size of 12,000 square feet is planned on the R-12 portion of this request. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has agreed to limit residential development to a maximum of 119 lots, yielding a density of approximately 2.5 units per acre. The density of the I-1 portion of this request will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre and for light industrial use. This request lies on 78.1 acres fronting approximately 945 feet on the north line of West Belmont Road, measured from a point approximately 500 feet west of Licking Creek Drive. GPIN 759-677-0631 and 760-677-Part of 3805 (Sheet 21) . Mr. Jacobson presented a summary of Case 98SN0182 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 Central Area Plan. Mr. Walter Marsh stated that the recommendation is acceptable. There was no opposition present. After brief discussion, Mr. Daniel made a motion, seconded by Mr. McHale, for the Board to approve Case 98SN0182 and accept the following proffered conditions: Public water and waste water systems shall be used. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved device(s) have been installed. 3a. If the existing dam and pond straddling an adjacent property line is used for the project's BMP, then it 98-942 12/16/98 3b. o o o o shall be retrofitted to meet current day standards as outlined in the Environmental Engineering reference manual to include, but not limited to, proper primary spillways, emergency spillways, and structural stability. The retrofit design shall be performed by a qualified professional and all remedial action shall take place in conjunction with that phase of development which is located within the dam's contributory drainage way. If the proper easements can not be obtained to retrofit the existing facility, identified in item 3a. upstream BMPs shall be constructed to render the existing primary spillways adequate to pass the 10 yr. storm. Prior to any site plan approval for the I-1 portion of the subject property, an analysis shall be made of the existing culvert under Belmont Road between Corcoran Drive and Licking Creek Drive. If it is determined that Belmont Road will top on a 10-year storm with ultimate build-out of the upstream drainage area for that portion of the development that drains across Belmont Road, the developer shall retain the two and ten year storms on site and release the two and ten year storms at the pre- development rates, and also replace the culverts under Belmont Road such that they will handle the 10 year pre- development rate from the subject property plus the existing ten year offsite runoff. Prior to any site plan approval for the I-1 portion of the subject property, an analysis shall be made of the 100- year storm through Belmont Road using HEC-2 modeling in conjunction with that previously performed (if available) and, if the calculations indicate that the 100-year storm will be increased above the current condition, the 100- year storm from the I-1 property must be retained on site. Prior to any site plan approval for the I-t portion of the subject property, forty-five (45) feet of right of way on the north side of Belmont Road immediately adjacent to the property, measured from the centerline or at the option of the developer, a revised centerline based on VDOT Urban Minor Arterial Standards (50 MPH or other standard approved by Chesterfield County Transportation Department), shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access to Belmont Road shall be limited to one (1) public road or one (1) entrance/exit. The exact location of this access shall be approved by the Chesterfield County Transportation Department. To provide an adequate roadway system, the developer shall be responsible for the following: a) Construction of additional pavement along Belmont Road at the approved access to provide left and 98-943 o 10. 11. right turn lanes, if warranted, based on Chesterfield County's Transportation Department Standards; b) Relocation of the ditch to provide an adequate shoulder along the north side of Belmont Road for the entire property frontage long Belmont Road; and c) Dedication to and for the benefit of Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified in 8.a. and 8.b. above. Prior to any road and drainage plan or site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 8, shall be submitted to and approved by the Chesterfield County Transportation Department. Such road improvements shall only be required with access to Belmont Road as identified in proffered condition 7. (Note: Access as defined in this proffered condition shall not include access for emergency vehicles only.) The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, at the time of building permit application, to fund infrastructure improvements within the service district for the property, as follows: a) $6132.00 per dwelling unit lot, if paid prior to July 1, 1999; or b) The amount approved by the Board of Supervisors not to exceed $6132.00 per dwelling unit adjusted upwards by an 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. c) 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 the payor. The Developer shall prepare and record restrictive covenants for the residential portion of the Subject Property that shall provide that future home owners of the lots will have notice of the location of the Chesterfield County Airport and its proximity to the Property; that an advertising brochure showing a vicinity map of the Property and its proximity to the Airport shall be given to each prospective purchaser; and that the vicinity display map in the sales center will identify the Airport and its proximity to the Property. 98-944 12. 13. 14. 15. The vicinity map on the final subdivision plats shall show the proximity of the residential portion of the subject property to the Chesterfield County Airport. The maximum density for the residential portion of the subject property shall not exceed 119 dwelling units. The enforceability, legality, 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. For the I-1 portion of the property, the following uses shall not be permitted: (a) Bottling and canning soft drinks and carbonated water. (b) Cold Storage. (c) Freight forwarding, packaging and crating services, not including truck terminals. (d) Fur dressing and dyeing. (e) Linoleum, asphalt-feltbase and other hard surface floor cover manufacturing. (f) Moving companies, to include, but not limited to, households and businesses. (g) Paper recycling by the compaction method. (h) Roasting coffee, coffee products and tea manufacturing. (i) Bakery products manufacturing. (j) Industrial and vocational schools. (k) Park and ride lots. (1) Tool and equipment rental. (m) Warehouses, provided however, that self-storage or mini-storage warehouse facilities shall be permitted subject to the restrictions outlined in Proffered Condition 16 and office/warehouse uses shall be permitted provided that such uses are designed similar to the office/warehouse uses located on Tax ID 767-669-2749, 5811, 6235 and 9931 (aka Chesterfield Business Center), Tax ID 764-672-1870 (aka 288 Business Center) and Tax ID 759-673-1481 (aka AdBel Business Village) as determined at the time of site plan. review and approval. 98-945 12/16/98 The intent of this proffer is to require multi- tenant buildings with each tenant having a combination of office/warehouse space. The intent is to preclude the use by any individual tenant of any individual building for primarily warehouse space. (n) Wholesaling houses and distributors except that such uses shall be permitted as part of an office/warehouse project as outlined herein. 16. For the I-1 portion of the property, screening of loading areas for any self-service storage facility from adjacent properties shall be achieved through the positioning of the self-service storage buildings in a compound-like manner such that the walls of buildings closest to the boundary lines of such use shall be generally parallel to the boundary. 17. a o For the I-1 portion of the property, development shall be designed in a campus style setting to be achieved through landscaping and building with architectural styles and materials similar to the quality found in the industrial sections of office/industrial parks such as Moorefield or the Arboretum. bo In conjunction with the first site plan submitted, a landscaping plan and elevations depicting this requirement, shall be submitted to the Planning Department for review and approval. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 99SN0109 In Clover Hill 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 160 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 1.0 to 2.5 units per acre. This request lies on 1.7 acres fronting approximately 35 feet on the south line of Walmsley Boulevard, approximately 1,200 feet east of Summerbrooke Drive. Tax ID 762-692-Part of 4200 (Sheet 15). Mr. Jacobson presented a summary of Case 99SN0109 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. 98-946 12/16/98 Mr. Chuck Rothenberg, representing the applicant, stated that the recommendation is acceptable. He expressed appreciation to everyone involved for their efforts regarding this request. There was no opposition present. Mr. Warren entered into the record a copy of a letter from Mr. Alan Barnes, Chairman of the 360 Corridor Committee, in support of the request. Mr. Warren then made a motion, seconded by Mr. McHale, for the Board to approve Case 99SN0109 subject to the following conditions: A 100 foot buffer shall be maintained around the perimeter of the request site. Except for one (1) access driveway and utilities which may be extended generally perpendicular through this buffer, existing healthy trees 2.5 inches in caliper or greater within this buffer shall be preserved and maintained. Existing 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 review and approval. (P) There shall be no signs permitted to identify the tower use. (P) o 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) 98-947 o The developem 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 gray 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, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) ° 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) 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. With the approval of this request, a ten (10) foot exception to the 150 foot height limitation for towers in Agricultural (A) Districts shall be granted. (P) And, further, conditions: the Board accepted the following proffered 2 o o Monopole Design. monopole design. The communications tower shall be of a Mounting Equipment. Antenna mounting equipment shall not extend more than five feet, six inches (5' 6") from the monopole, exclusive of antennas. Tower Capacity. The initial tower foundation, base and structure shall be designed and constructed to accommodate 98-948 12/16/98 a maximum height of 199 feet and a minimum capacity of four (4) sets of panel or sectored array antennas typically used by cellular/PCS type wireless communications service providers. In addition, the tower site shall be designed to accommodate the equivalent of four (4), nine (9) by fifteen (15) foot ground-mounted equipment platforms. At the time of site plan approval, documentation of these requirements shall be submitted to the Planning Department for review and approval. o Notice to 360 Corridor Committee. The owner/developer of the tower shall notify in writing the last known contact/representative of the Route 360 Corridor Committee on file with the Planning Department of any request to increase the tower height over 160 feet. Such notification shall occur no later than twenty-one (21) days prior to the Planning Commission's initial consideration of the request to increase the tower height. The owner/developer shall provide a copy of the notification letter to the Planning Department. Height Limitation. Tlhe communications tower shall not exceed a height of 160 feet. (Note: Any tower in excess of 160 feet would require amendment of the Conditional Use Planned Development.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey recognized Mr. Henry Waller, representing Sprint PCS, who was present at the meeting and expressed appreciation for Sprint's contribution to the Manchester Lancers trip to the Peach Bowl. 99SN0113 In Midlothian Magisterial District, TRITON PCS, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in a Residential (R-15) District. A 145 foot communications tower within an existing Virginia Power structure is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for active recreation use and for residential use of 1.01 to 2.5 units per acre. This request lies on 9.97' acres fronting approximately 500 feet on the south line of Lady Ashley Road, also fronting approximately 600 feet on the east line of Kingscross Road and located in the southeast quadrant of the intersection of these roads. Tax ID 730-698-7455 and 9918 (Sheet 7). Mr. Jacobson presented a summary of Case 99SN0113 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request 98-949 conforms to the siting criteria for towers. Mr. Brennan Keane, representing the applicant, stated that the recommendation is acceptable. He expressed appreciation to Mr. William Shewmake, Chairman of the Planning Commission, for working with Triton and the community to address the concerns of citizens. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0113 subject to the following conditions: There shall be no signs permitted to identify this use. (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, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) 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) The color and lighting system for the tower shall be as follows: a. The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with 2/ 6/98 98-950 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) 0 In conjunction with the approval of this request, a ninety-five (95) foot exception to the fifty (50) foot height limitation for communications towers in a Residential (R-15) District shall be granted. (P) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey expressed appreciation to Mr. Larry Horton, representing Triton PCS, Incorporated, who was present at the meeting for Triton's contribution to Manchester High School's trip to the Peach Bowl. 99SN0115 (Amended) In Midlothian Magisterial District, GRAY LAND AND DEVELOPMENT COMPANY, LLC requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-25) with Conditional Use Planned Development to permit use and bulk exceptions. A real estate office, single family residential subdivision with a minimum lot size of 20,000 square feet and golf course is planned. Residential use of up to 1.74 units per acre is permitted in a Residential (R-25) District. The applicant has agreed to limit development to a maximum of 158 lots yielding a density of approximately 1.0 unit per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 unit per acre or less. This request lies on 158.2.7 acres lying approximately 1,870 feet off the western terminus of Aylesford Drive. Tax ID 718-720-9903 (Sheet 1). Mr. Jacobson presented a summary ,gf Case 99SN0115 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 Upper Swift Creek Plan. John Cogbill, Esquire, representing the applicant, stated that the recommendation is acceptable. 98-951 12/16/98 Mr. Frank Washington~ Chairman of the Rosemont Homeowners Association Development Committee, stated that the Association's concerns have been met and that the Association feels the proposed request will only enhance the Rosement Community. Mr. Barber stated that a great deal of community input has been expressed regarding this request and that he feels the traffic concerns have been addressed. Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to approve Case 99SN0115 and accept the following proffered conditions: The property owners and Applicants in this rezoning case, pursuant to §15.2-2298 of the Code of Virginia (1950 as amended) and the Ordinance, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the proffers and conditions contained in this application if, and only if, the rezoning request and Conditional Use Planned Development is granted. In the event the rezoning and Conditional Use Planned Development request is denied or approved with conditions not agreed to by the Applicant, the proffers and conditions shall immediately be null and void and of no further force or effect. A. GENERAL o o o The Textual Statement, together with its exhibits, last revised 7 October 1998, shall be considered the master plan for the Property. Golf Course facilities shall be designed to minimize the possibility of balls in play entering public rights-of-way or adjacent properties. The design shall preclude the use of physical barriers along the public rights-of-way other than decorative fencing or walls, topography, and/or landscaping. A plan for achieving this requirement shall be submitted for approval in conjunction with site and/or tentative plan review. Development shall be phased to occur from the north (with access through Powhatan County from Winterfield Road) and proceed to the south. No areas shall be developed with sole access through Chesterfield County. The total number of dwelling units shall not exceed 158. o o Lots abutting Rosemont shall be a minimum of 30,000 square feet. The overall average lot size shall be 25,000 square feet. 98-952 o The gross floor area of each dwelling unit on lots abutting Rosemont shall have a minimum of two thousand five hundred (2500) square feet. The gross floor area of all other dwelling units in the Property shall have a minimum of two thousand two hundred (2200) square feet. o All driveways on each individual subdivision lot shall be paved. The exact pavement type, which may include asphalt, concrete, aggregate materials, and/or brick, concrete, or stone pavers, shall be appreved by the Planning Department. 10. All exposed portions of the foundation of each dwelling shall be covered with brick, stone, or drivit type materials. 11. Prior to or in conjunction with the recordation of the first plat, covenants shall be recorded which state the following: "Ail dwellings that provide a garage shall employ side or rear entry garage designs except that front entry garage designs may be permitted provided that garage doors are at least twenty (20) feet behind the front facade of the house and that the garage doors are screened from the street through the positioning of the driveway, landscaping, and/or natural vegetation". 12. Any open basins required for water quantity or quality control designed to serve the Property shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for the uses developed on the Property. At the time of subdivision plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. ENVIRONMENTAL ENGINEERING 13. Prior to the issuance of land disturbance permits, the Environmental Engineering Department shall be provided with copies of correspondence from applicable State and Federal agencies in order that it may be confirmed that all permits regarding wetlands have been received. A qualified wetlands expert may certify that notification of applicable State and Federal agencies is not required. 14. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. 98-953 C o m o 15. In conjunction with submission of the site plan for the golf course, a fertilization plan in keeping with normal turf management for golf courses shall be submitted to the Chesterfield Extension Agent for approval. Such plan shall provide for the minimum fertilization necessary to achieve accepted turf maintenance and management. Failure of the Extension Agent to approve or disapprove the plan within sixty (60) days from its submittal shall be deemed approval of the plan. UTILITIES 16. Public water and sewer shall be utilized, except that wells and/or bodies of water may be used for irrigation purposes only for open space, park, and golf course areas. TRANSPORTATION 17. In conjunction with the recordation of the initial subdivision plat, a variable width road easement, with a maximum width of one hundred fifty(150) feet and a minimum width of one hundred (100) feet, from the Chesterfield County Line, generally extending along the eastern property line, to the southern property line, shall be granted and recorded to Chesterfield County (with the qualifications described below). Within this easement, a fifty (50) foot wide right-of-way for a residential street (~the Street") from the Chesterfield County Line to the north/south collector (Otterdale Road Extended), and a seventy (70) foot wide right-of-way for Otterdale Road Extended from the Street to the southern property line shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact width and location of the easement and the exact location of the right-of-way shall be approved by the Transportation Department. In conjunction with recordation of each subdivision plat through which the easement extends or upon request by the Transportation Department, whichever occurs first, the rights-of-way as described above shall be dedicated and that section of the applicable road easement shall be extinguished by the terms of the easement grant. 18. The Developer shall be responsible for the construction of the following: 1) two (2) lanes of Otterdale Road Extended between the Street and the southern property line to VDOT Urban Collector Standards (40 mph) with modifications approved by the Transportation Department; and 2) the Street from the Chesterfield County Line to Otterdale Road Extended. Prior to any road and drainage plan approval, a phasing plan for construction of Otterdale Road Extended and the Street shall be 98-954 E o submitted to and approved by the Transportation Department. 19. An additional front yard setback, of a maximum of twenty-five (25) feet and a minimum of ten (10) feet shall be provided on each lot fronting the Street. At the time of tentative subdivision review, the Transportation Department shall approve the exact width of this additional setback. The approved setback shall be noted on each lot recorded fronting the Street. CASH PROFFERS 20. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield at the time of building permit application for infrastructure improvements within the service district for the property: a) $6,200 per dwelling unit if paid prior to 1 July 1999; or b) The amount approved by the Board of Supervisors not to exceed $6,200 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between 1 July 1998 and 1 July of the fiscal year in which the payment is made if paid after 30 June 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 the payor. Should Chesterfield County impose impact fees or other substitute for proffers for schools, parks, roads, libraries, and/or fire stations at any time during the life of the development, the amount paid in cash proffers shall be in lieu of or credited toward any such substitute fees at the determination of the County. 21. The minimum lot size (20,000) square feet. shall be twenty thousand 22. No certificates of occupancy shall be issued before 1 January 2001. 23. A maximum of one hundred (100) certificates of occupancy shall be issued prior to 30 June 2002. 24. No public access road from the Rosemont neighborhood to this Development shall be permitted. However, this provision shall not prohibit emergency access approved at the time of tentative plan review. 98-955 12/16/98 F. SEVERANCE 25. The unenforceability, illegality, 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. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 99SN0137. In Bermuda Magisterial District, GUJU ASSOCIATES, L. L. C. requested amendment to Conditional Use Planned Development (Case 86S097) and amendment of zoning district map to permit an indoor recreation facility in a Neighborhood Business (C-2) District. 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 3.0 acres lying approximately 160 feet off the west line of Ironbridge Boulevard, approximately 900 feet south of Iron Bridge Parkway. Tax ID 775-655-Part of 6064 (Sheet 31). Mr. Jacobson presented a summary of Case 99SN0137 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of one proffered condition. He further stated that the proposed request conforms to the Central Area 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 Mrs. Humphrey, the Board approved Case 99SN0137 subject to the following condition: In addition to the uses permitted by Case 86S097, non-profit indoor recreational facilities shall be permitted in association with religious, ethnic or cultural organizations. (P) (NOTE: This condition modifies Condition 1 of Case 86S097 relative to permitted uses.) And, further, the Board accepted the following proffered condition: 98-956 12/16/98 The Architectural style and materials of any indoor recreational building shall be as depicted to the elevation prepared by Dewberry & Davis, Architects - Engineers - Planners - Surveyors, dated November 16, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Rudy commended Mrs. Humphrey for her efforts and leadership as 1998 Chairman of the Board of Supervisors. 99SN0158 In Midlothian Magisterial District, CHESTERFIELD COUNTY POLICE AND FIRE DEPARTMENTS requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in a Residential (R- 40) 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 1.0 unit per acre or less. This request lies on 4.5 acres lying at the north terminus of James River Road. Tax ID 728-725-Part of 6105 (Sheet 2). Mr. Jacobson presented a summary of Case 99SN0158 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of one proffered condition. He further stated that the proposed request conforms to the siting criteria for towers. Mr. Robert Eanes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. Mr. Barber expressed appreciation to Mr. Eanes and R.C.C. Consultants for their diligent efforts towards this request. Mr. Barber then made a motion, seconded by Mr. Warren, for the Board to approve Case 99SN0158 subject to the following conditions: A 100 foot buffer shall be maintained around the perimeter of the request site. Except for one (1) access driveway and utilities which may be extended generally perpendicular through this buffer, and the removal of dead or diseased trees, existing trees 2.5 inches in caliper or greater within this buffer shall be preserved and maintained. Existing 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, 12/16/98 98-957 o o o o o 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) (NOTE: A Chesterfield County Odor Control Facility and associated improvements lie adjacent and to the south of the proposed tower enclosure. The recommended buffer would be required around this facility as well as the tower enclosure.) 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) Communications equipment for private users shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. The owner/developer of equipment for private users 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 owner/developer of equipment for private users shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by their equipment. 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: The tower shall be gray or another neutral color, acceptable to the Planning Department. b° The tower shall not be lighted unless lighting is required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) 98-958 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) 0 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) And, further, the Board accepted the following proffered condition: The communications tower shall only be permitted if needed to support antennas of the Chesterfield County Emergency Communications system, as deemed necessary by the Chesterfield County Police and Fire Departments to provide enhanced emergency communications services. Further, the height of the tower shall be restricted to the minimum height deemed necessary by the Police and Fire Departments to accommodate the County's Emergency Communications antennas. (Notes: A. Approval of this request will restrict the height of the tower to a maximum of 199 feet. However, if the needs of the County's Emergency Communications system can be accommodated at a height less than 199 feet, as determined by the Police and Fire Departments, the tower will be restricted to the lesser height. If the tower is needed to support the needs of the County's Emergency Communication system, it may also be built to support the antennas of other wireless service communications providers, provided that these antennas are at an elevation lower than those of the County's Emergency Communications system.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Eanes expressed appreciation to the Planning Department staff and to Mr. Kirk Turner, Development Manager, for their support and guidance. 98-959 12/16/98 17. 17 .A. PUBLIC HEARINGS TO CONSIDER THE TAX EXEMPTION REQUESTS: 17.A.1. CHESTERFIELD ALTERNATIVES, INCORPORATED, OWNER OF REAL ESTATE IN THE MATOACA DISTRICT Mr. Micas stated that this date and time has been set for a public hearing to consider the tax exemption request of Chesterfield Alternatives, Incorporated, owner of real estate in the Matoaca District. No one came forward to speak in favor of or against this issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following resolution: RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF CHESTERFIELD ALTERNATIVES, INCORPORATED AS EXEMPT FROM TAXATION BY THE GENERAL ASSEMBLY OF VIRGINIA WHEREAS, Chesterfield Alternatives, Incorporated is a non- stock, non-profit corporation which provides housing and services to mentally handicapped citizens of Chesterfield County; and WHEREAS, Chesterfield Alternatives, Incorporated owns real property located in the Matoaca Magisterial District of Chesterfield County, Virginia at 10713 Ridge Run Road; and WHEREAS, real property used exclusively for charitable and benevolent purposes by a qualifying organization shall be exempt from taxation as authorized by Article X, Section 6(a) (6) of the Constitution of Virginia, upon action by the General Assembly of Virginia and so long as such organization is operated not for profit and the property so exempt is used in accordance with the purpose for which the organization is classified; and WHEREAS, the Board of Supervisors of Chesterfield County, Virginia has considered the following factors before the adoption of this resolution in support of the tax exempt status of Chesterfield Alternatives, Incorporated as follows: 1. Chesterfield Alternatives, Incorporated is exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986. 2. No current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to Chesterfield Alternatives, Incorporated for use on the organization's property. 3. No director or officer of Chesterfield Alternatives, Incorporated is paid any compensation in excess of the value of the services performed in such position with the corporation. 98-960 12/16/98 4. No part of the net earnings Alternatives, Incorporated inures to the individual. of Chesterfield benefit of any 5. Chesterfield Alternatives, Incorporated provides services for the common good of the public. 6. No part of the activities of Chesterfield Alternatives, Incorporated involves carrying on propaganda or otherwise attempting to influence legislation. The corporation does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 7. Chesterfield Alternatives, Incorporated has no rule, regulation, policy or practice which discriminates on the basis of religious conviction, race, color, gender or national origin. 8. This year the above-mentioned property is assessed at a value of $96,200 and will generate $1,039.00 in County real estate tax. In 1997, the property generated $1,032.00 in County real estate taxes. THEREFORE, be it resolved by the Board of Supervisors of Chesterfield County as follows: 1. That this Board supports the request of Chesterfield Alternatives, Incorporated for exemption from taxation of its real property pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia and the provisions of Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, and that such exemption should be categorized as charitable and benevolent. 2. That the County Administrator is directed to forward a certified copy of this resolution to the members of the General Assembly representing the County of Chesterfield with the request that the proper legislation be introduced in the General Assembly to achieve the purposes of this resolution. 3. The effective date of this resolution shall be December 16, 1998. On motion and second to adopt resolution, motion was carried by the following recorded vote: Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17 .A.2. CHESTERFIELD ALTERNATIVES, INCORPORATED, OWNER OF REAL ESTATE IN THE. BERMUDA DISTRICT Mr. Micas stated that this date and time has been advertised for a public hearing to consider the tax exemption request of 98-961 Chesterfield Alternatives, Incorporated, owner of real estate in the Bermuda District. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF CHESTERFIELD ALTERNATIVES, INCORPORATED AS EXEMPT PROM TAXATION BY THE GENERAL ASSEMBLY OF VIRGINIA WHEREAS, Chesterfield Alternatives, Incorporated is a non- stock, non-profit corporation which provides housing and services to mentally handicapped citizens of Chesterfield County; and WHEREAS, Chesterfield Alternatives, Incorporated owns real property located in the Bermuda Magisterial District of Chesterfield County, Virginia at 4104 Coastline Road; and WHEREAS, real property used exclusively for charitable and benevolent purposes by a qualifying organization shall be exempt from taxation as authorized by Article X, Section 6(a) (6) of the Constitution of Virginia, upon action by the General Assembly of Virginia and so long as such organization is operated not for profit and the property so exempt is used in accordance with the purpose for which the organization is classified; and WHEREAS, the Board of Supervisors of Chesterfield County, Virginia has considered the following factors before the adoption of this resolution in support of the tax exempt status of Chesterfield Alternatives, Incorporated as follows: 1. Chesterfield Alternatives, Incorporated is exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986. 2. No current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to Chesterfield Alternatives, Incorporated for use on the organization's property. 3. No director or officer of Chesterfield Alternatives, Incorporated is paid any compensation in excess of the value of the services performed in such position with the corporation. 4. No part of the Alternatives, Incorporated individual. net earnings inures to the of Chesterfield benefit of any 5. Chesterfield Alternatives, Incorporated provides services for the common good of the public. 6. No part of the activities of Chesterfield Alternatives, Incorporated involves carrying on propaganda or 12/16/98 98-962 otherwise attempting to influence legislation. The corporation does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 7. Chesterfield Alternatives, Incorporated has no rule, regulation, policy or practice which discriminates on the basis of religious conviction, race, color, gender or national origin. 8. This year the above-mentioned property is assessed at a value of $83,400 and will generate $901.00 in County real estate tax. In 1997, the property generated $835.00 in County real estate taxes. THEREFORE, be it resolved by the Board of Supervisors of Chesterfield County as follows: 1. That this Board supports the request of Chesterfield Alternatives, Incorporated for exemption from taxation of its real property pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia and the provisions of Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, and that such exemption should be categorized as charitable and benevolent. 2. That the County Administrator is directed to forward a certified copy of this resolution to the members of the General Assembly representing the County of Chesterfield with the request that the proper legislation be introduced in the General Assembly to achieve the purposes of this resolution. 3. The effective date of this resolution shall be December 16, 1998. On motion and second to adopt resolution, motion was carried by the following recorded vote: Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17.A.3. C~RSTERFIELD ALTERNATIVES, INCORPORATED, OWNER OF REAL ESTATE IN THE MIDLOTHIAN DISTRICT Mr. Micas stated that this date and time has been advertised for a public hearing to consider the tax exemption request of Chesterfield Alternatives, Incorporated, owner of real estate in the Midlothian District. No one came forward to speak in favor of or against this issue. On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following resolution: RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF CHESTERFIELD ALTERNATIVES, INCORPORATED AS EXEMPT FROM TAXATION BY THE GENERAL ASSEMBLY OF VIRGINIA 12/16/98 98-963 WHEREAS, Chesterfield Alternatives, Incorporated is a non- stock, non-profit corporation which provides housing and services to mentally handicapped citizens of Chesterfield County; and WHEREAS, Chesterfield Alternatives, Incorporated owns real property located in the Midlothian Magisterial District of Chesterfield County, Virginia at 200 North Pinetta Drive~ and WHEREAS, real property used exclusively for charitable and benevolent purposes by a qualifying organization shall be exempt from taxation as authorized by Article X, Section 6(a) (6) of the Constitution of Virginia, upon action by the General Assembly of Virginia and so long as such organization is operated not for profit and the property so exempt is used in accordance with the purpose for which the organization is classified; and WHEREAS, the Board of Supervisors of Chesterfield County, Virginia has considered the following factors before the adoption of this resolution in support of the tax exempt status of Chesterfield Alternatives, Incorporated as follows: 1. Chesterfield Alternatives, Incorporated is exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986. 2. No current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to Chesterfield Alternatives, Incorporated for use on the organization's property. 3. No director or officer of Chesterfield Alternatives, Incorporated is paid any compensation in excess of the value of the services pezformed in such position with the corporation. 4. No part of the Alternatives, Incorporated individual. net earnings inures to the of Chesterfield benefit of any 5. Chesterfield Alternatives, Incorporated provides services for the common good of the public. 6. No part of the activities of Chesterfield Alternatives, Incorporated involves carrying on propaganda or otherwise attempting to influence legislation. The corporation does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 7. Chesterfield Alternatives, Incorporated has no rule, regulation, policy or practice which discriminates on the basis of religious conviction, raced color, gender or national origin. 8. This year the above-mentioned property is assessed at a value of $105,000 and will generate $1,134.00 in County real 98-964 12/16/98 estate tax. In 1997, the property generated $1,127.00 in County real estate taxes. THEREFORE, be it resolved by the Board of Supervisors of Chesterfield County as follows: 1. That this Board supports the request of Chesterfield Alternatives, Incorporated for exemption from taxation of its real property pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia and the provisions of Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, and that such exemption should be categorized as charitable and benevolent. 2. That the County Administrator is directed to forward a certified copy of this resolution to the members of the General Assembly representing the County of Chesterfield with the request that the proper legislation be introduced in the General Assembly to achieve the purposes of this resolution. 3. The effective date of this resolution shall be December 16, 1998. On motion and second to adopt resolution, motion was carried by the following recorded vote: Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17 .A.4. RICHMOND ANIMAL LEAGUE, OWNER OF REAL ESTATE IN THE MIDLOTHIAN DISTRICT Mr. Micas stated that this date and time has been advertised for a public hearing to consider the tax exemption request of the Richmond Animal League, owner of real estate in the Midlothian District. No one came forward to speak in favor of or against this issue. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following resolution: RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF RICHMOND ANIMAL LEAGUE AS EXEMPT FROM TAXATION BY THE GENERAL .ASSEMBLY OF VIRGINIA WHEREAS, Richmond Animal League is a non-stock, non-profit corporation which provides stray and abandoned dogs and cats temporary shelter and care in Chesterfield County; and WHEREAS, Richmond Animal League owns real property located in the Midlothian Magisterial District or Chesterfield County, Virginia at 11401 International Drive; and WHEREAS, real property used exclusively for charitable and benevolent purposes by a qualifying organization shall be 98-965 12/16/98 exempt from taxations, as authorized by Article X, Section 6(a) (6) of the Constitution of Virginia, upon action by the General Assembly of Virginia and so long as such organization is operated not for profit and the property so exempt is used in accordance with the purpose for which the organization is classified; and WHEREAS~ the Board of Supervisors of Chesterfield County, Virginia has considered the following factors before the adoption of this resolution in support of the tax exempt status of Richmond Animal League as follows: 1. Richmond Animal League is exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986. 2. No current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to Richmond Animal League for use on the organization's property. 3. No director or officer of Richmond Animal League is paid any compensation in excess of the value of the services performed in such position with the corporation. 4. No part of the net earnings of Richmond Animal League inures to the benefit of any individual. 5. Richmond Animal League provides services for the common good of the public. 6. No part of the activities of Richmond Animal League involves carrying on propaganda or otherwise attempting to influence legislation. The corporation does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 7. Richmond Animal League has no rule, regulation, policy or practice which discriminates on the basis of religious conviction, race, color, gender or national origin. 8. This year the above-mentioned property is assessed at a value of $455,400 and will generate $4,918.00 in County real estate tax. In 1997, the property generated $4,888.00 in County real estate taxes. THEREFORE~ be it resolved by the Board of Supervisors of Chesterfield County as follows: 1. That this Board supports the request of Richmond Animal League for exemption from taxation of its real property pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia and the provisions of Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, and that such exemption should be categorized as charitable and benevoient. 98-966 2. That the County Administrator is directed to forward a certified copy of this resolution to the members of the General Assembly representing the County of Chesterfield with the request that the proper legislation be introduced in the General Assembly to achieve the purposes of this resolution. 3. The effective date of this resolution shall be December 16, 1998. On motion and second to adopt resolution, motion was carried by the following recorded vote: Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17.B. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19-507, 19-555, 19-556 AND 19-557 RELATING TO HEIGHTS. AND SETBACKS FOR AMATEUR RADIO ANTENNAS, CHIMNEYS, WATER TOWERS OR SIMILAR STRUCTURES Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider an ordinance relating to heights and setbacks for amateur radio antennas, chimney, water towers or similar structures. There was brief discussion relative to the General Assembly increasing the allowable height for amateur radio antennas and other similar structures and to placement of these structures. No one came forward to speak in favor of or against this ordinance. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19-507, 19-555, 19-556 AND 19-557 RELATING TO HEIGHTS AND SETBACKS FOR AMATEUR RADIO ANTENNAS, CHIMNEYS, WATER TOWERS OR SIMILAR STRUCTURES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-507, 19-555, 19-556 and 19-557 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: ARTICLE VII. DEVELOPMENT STANDARDS MANUAL DIVISION 1. DEVELOPMENT STANDARDS Subdivision I. General Provisions -- Countywide 98-967 lZ/16/98 0 0 0 Sec. 19-507. Height exemptions and limitations. o o o (f) Except for the height limits set forth in this section and the limitations of § 19-507.1, no other height limitation specified in the zoning ordinance shall apply to church spires, belfries, cupolas, domes, heat transfer units, tanks, monuments, water towers, chimneys, flues, amateur radio antennas, radio or television antennas, or similar structures having an aggregate area less than twenty-five (25) percent of the ground floor building area; to the parapet walls or bulkheads extending not more than four (4) feet above the limiting height of the building; or to grain elevators, derricks or other necessary industrial, utility or public service structures; provided that no such structure shall exceed a height of 50 feet and in any A district a height of 150 feet subject to the required yards specified in Section 19- 555(1) for accessory buildings and structures; and in R-MF, O-1 or C-1 District a height of 75 feet, and in any other district, a height of 150 feet, subject to the required yards for principal structures of the respective zoning district. Provided, however, that amateur radio antennas may be increased to a height of 75 feet in R and R-TH Districts subject to the yard requirements specified in Section 19-555(1). No structure shall penetrate the floor of any of the zones noted in this section. o o o DIVISION 2. DEVELOPMENT REQUIREMENTS -- RESIDENTIAL, TOWNHOUSE RESIDENTIAL, MULTIFAMILY RESIDENTIAL AND AGRICULTURAL Subdivision I General Provisions. Development Requirements- Countywide o o o Sec. 19-555. Required yards for accessory buildings and structures in R, R-TH and A Districts. Except as indicated in this section, the yard requirements for permitted uses shall apply to the accessory buildings and structures. (1) In R and A Districts and in R-TH Districts identified in section 19-106, one-story detached accessory buildings, accessory structures which have a roof or any structures specified in Section 19-507(f) except amateur radio antennas in excess of 50 feet in height shall observe a side yard setback not less than half the required side yard for a permitted use; a front yard setback of the lesser of half the average depth of the lot or 80 feet; and a rear yard setback of not less than ten feet; except that an accessory building or structure which as a roof located on a through lot shall meet a rear yard 98-968 2/16/98 setback of not less than 30 feet and an accessory building or structure which has a roof located on a corner lot shall observe a corner sid~ yard setback not less than the required front yard setback for a permitted use. In any R District, amateur radio antennas in excess of 50 feet, but no greater than 75 feet, in height, shall conform to the side and rear yard setback requirements for principal structures of the respective zoning district and a front yard setback of the lesser of half the average depth of the lot or 80 feet. Provided, however, the antenna may be attached to the side or rear of the principal structure if the principal structure meets the setback requirements of the respective zoning district. In any R-TH District, amateur radio antennas in excess of 50 feet, but no greater than 75 feet, in height, shall be attached to the side or rear of the principal structure. Sec. 19-556. Heights -- Agricultural, residential, townhouse residential and multifamily residential. The maximum height of all buildings and structures shall be as follows, unless otherwise provided in section 19-507 or in section 19-557: o o o Sec. 19-557. Heights--Agricultural, residential, townhouse residential and multifamily residential in village districts. The maximum height of all buildings and structures shall be as follows, unless otherwise provided in Section 19-507: o o o (2) That this ordinance shall become effective immediately. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17.C. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING SECTIONS 6-2, 6-3 AND 6-35 RELATING TO BUSINESS LICENSES Mr. Stegmaier stated that this date and time has been advertised for a public hearing to consider an ordinance relating to business licenses. No one came forward to speak in favor of or against this ordinance. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: 2/16/98 98-969 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING SECTIONS 6-2, 6-3 and 6-35 RELATING TO BUSINESS LICENSES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 6-2, 6-3 and 6-35 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 6-2. License requirement. Every person engaged in a business in the county shall apply for a license for each such business if (i) the person has a definite place of business in the county; (ii) there is no definite place of business anywhere and the person resides in the county; or (iii) there is no definite place of business in the county but the person operates amusement machines or is classified as an itinerant merchant, peddler, carnival, circus, contractor subject to Code of Virginia, § 58.1-3715, or public service corporation. A separate license shall be required for each definite place of business and for each business. A person engaged in two or more businesses at the same place of business may elect to obtain one license for all such businesses if all of the following criteria are satisfied: (i) each business is subject to licensure at the location and has satisfied any requirements of state and county law; (ii) all of the businesses are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses at the highest rate; and (iii) the taxpayer agrees to supply such information as the commissioner of the revenue may require concerning the nature of the several businesses and their gross receipts. Ail businesses are subject to licensure unless specifically exempt by state or county law. It shall be unlawful to engage in any licensable business activity without first obtaining the required license. Sec. 6-3. Exemptions from license taxes and fees. (a) Ail nonprofit businesses which are exempt from federal taxes by the Internal Revenue Service are hereby exempt from business license taxes and fees. (b) Every person who is classified as a statutory employee by the Internal Revenue Service shall be exempt from business license taxes and fees on his activities as a statutory employee. (c) Contractors who subdivide and improve their own land with the intention to offer the subdivided lots for sale shall be exempt from business license taxes and fees on such activity. A person who installs water or sewer systems or roads on his own land with the intent to offer the land for sale is exempt from business license taxes and fees on such activity on their own land regardless of whether the land is subdivided. i2/ig/98 98-970 (d) Every individual who alone and not in combination or association with any other entity, tutors another individual on a one-to-one bases in any academic subject, music, dance or art. o o o Sec. 6-35. Slot machines. (a) Nothing contained in this section shall be construed as permitting any person to keep, maintain, exhibit or.operate any slot machine or other device, the operation of which is prohibited by law. The commissioner of the revenue shall issue no license under this section for coin machines which are unlawful under the Code of Virginia. (b) Every person selling, leasing, renting or otherwise furnishing or providing a coin-operated amusement machine, as defined in Code of Virginia, § 58.1-3720, and Code of Virginia, § 58.1-3721, shall pay a license tax of $0.36 per $100.00 of base year gross receipts of such operator from amusement machines operated within the county. This section shall not apply to any person owning less than three coin machines and operating such machines on property owned or leased by such person. (c) Every operator shall furnish to the commissioner of the revenue a complete list of all machines on location and the address of each location on or before March 1 of the license year. (d) Each machine shall have conspicuously located thereon a decal, sticker or other adhesive label, no less than one by two inches in size, clearly denoting the operator's name and address. (e) Any person providing any such coin-operated machines or other devices and failing to procure a county license, or otherwise violating this section, shall be subject to the penalty imposed by section 1-5 of this Code for each offense and the machine or other device shall be forfeited to the county. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17 .E. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF RIVER HILLS DRIVE AND TEMPORARY TURNAROUND EASEMENT WITHIN JAMES RIVER WEST SUBDIVISION, RIVER HILLS SECTION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of River Hills Drive and temporary turnaround easement 12/16/98 98-971 within James River West Subdivision, River Hills Section. No one came forward to speak in favor of or against ordinance. this On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JERRY H. STEVENSON and BETH C. STEVENSON, husband and wife, and ALAN KENT MITCHELL and PATRICIA K. MITCHELL, husband and wife, ("GRANTEE"), a portion of River Hills Drive and a temporary turnaround easement within James River West Subdivision, River Hills Section, Midlothian Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 33, at Pages 22, 23 and 24. WHEREAS, the Board of Supervisors of Chesterfield County, Virginia desires to vacate a portion of River Hills Drive and temporary turnaround easement within James River West Subdivision, River Hills Section, Midlothian Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 33, Pages 22, 23 and 24, by J. K. Timmons & Associates, Inc., dated October 24, 1978. The portion of River Hills Drive and temporary turnaround easement petitioned to be vacated are more fully described as follows: A portion of River Hills Drive and temporary turnaround easement, within James River West Subdivision, River Hills Section, the locations of which are more fully shown on a plat made by TIMMONS, dated NOVEMBER 30, 1998, revised DECEMBER 10, 1998, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virqinia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of River Hills Drive and the temporary turnaround easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of River Hills Drive and temporary turnaround easement be and are hereby vacated. GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves a 16' water easement, as shown on the attached plat. 98-972 12/16/98 This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portions of the plat vacated. This Ordinance shall vest fee simple title of the portion of River Hills Drive and temporary turnaround easement hereby vacated in the property owners of Lot 37, Block A, and Lot 38, Block B, within James River West Subdivision, River Hills Section free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JERRY H. STEVENSON and BETH C. STEVENSON, husband and wife and ALAN KENT MITCHELL and PATRICIA K. MITCHELL, husband and wife, or their successors in title, as GRANTEE. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17.F. TO CONSIDER LEASE OF COUNTY PROPERTY ON COGBILL ROAD TO VIRGINIA P. BRANCH Mr. Stith stated that this date and time has been advertised for a public hearing to consider a lease of County property at 5017 and 5025 Cogbill Road to Virginia P. Branch. No one came forward to speak in favor of or against this issue. After brief discussion, on motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a lease agreement, approved by the County Attorney, with Virginia P. Branch for County property at 5017 and 5025 Cogbill Road. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17.G. TO CONSIDER PROPOSED FY2000 ENHANCEMENT PROJECTS Mr. Stith stated that this date and time has been advertised for a public hearing to consider the proposed FY00 Enhancement Projects. He further stated that the Enon community has clarified its request for the Point of Rocks Bike Trail to be provided along Enon Church Road from the Enon Branch Library to Point of Rocks Park and not on Point of Rocks Road and suggested that the updated project description be included in the list of enhancement projects. 2/ 6/98 98-973 Mr. McHale stated that the residents of the Enon area have requested the change in the bike trail to run along Enon Church Road from the Enon Branch Library to Point of Rocks Road and then to Point of Rocks Park. He further stated that funding may be less because the bike trail has been shortened. There was brief discussion relative to the timing of the sidewalk construction projects and the need to accelerate the construction if possible. Mr. Daniel requested that language be added to have the Virginia Department of Transportation prioritize the sidewalk construction projects. No one came forward to speak in favor of or against this issue. On motion of Mr. Daniel, seconded by Mr. McHale, the Board approved the FY00 Enhancement Projects list and authorized staff to forward the list to the Richmond and Tri-Cities Metropolitan Planning Organizations for approval; designated $150,000, from the capital reserve and authorized transfer upon approval and funding of projects by Virginia Department of Transportation (VDOT), in the following amounts for the local match: 1) walton Park Sidewalk ($52,800); 2) Point of Rocks Road Bike Trail (Phase I) ($48,000); 3) Centre Street Streetlight ($8,000); Cogbill Road Sidewalk ($26,000); Salem Church Road Sidewalk ($15,200); and adopted the following resolutions: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for phase II of the streetscaping along Route 10 at the Courthouse Complex. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of.$530,000 for planning, design, right-of-way, and construction of Phase II of the Route 10 Streetscaping Project at the Courthouse Complex, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. 98-974 2/16/98 NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for phase II of the landscaping along Route 360 from Turner Road to Courthouse Road. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $112,500 for planning, design, right-of-way, and construction of Phase II of the Route 360 Landscaping Project from Turner Road to Courthouse Road, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the landscaping along Route 10 in the 1-295 Interchange area. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $50,000 for planning, design, right-of-way, and construction of the Landscaping Route 10 (I-295 Interchange) Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the landscaping along Route 360 from Route 288 to Swift Creek. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $70,000 for planning, design, right-of-way, and construction of the Route 360 Landscaping Project from Route 288 to Swift Creek, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the 12/16/98 98-975 total amount of th~ costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for phase II of the construction of sidewalks along Halloway Avenue in the Matoaca Middle/High Schools and Matoaca Park area and requests the CTB to accelerate the sidewalk construction if selected. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $285,000 for planning, design, right-of-way and construction of Phase II of the Halloway Avenue Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Walton Park Road from Watch Hill Road to Coral View Road and requests the CTB to accelerate the sidewalk construction if selected. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $264,000 for planning, design, right-of-way, and construction of the Walton Park Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. 98-976 2/ 6/98 NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a bike trail along Enon Church Road and Point of Rocks Road to connect the Enon Library with Point of Rocks Park. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $240,000 for phase I of the $1,300,000 project for planning, design, right- of-way, and construction of the Point of Rocks Bike Trail Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the installation of streetlights along Centre Street in Chester Village. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $40,000 for planning, design, right-of-way, and installation of the Centre Street Streetlight Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Cogbill Road from Hopkins Road to the new School Board facility and requests the CTB to accelerate the sidewalk construction if selected. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $130,000 for planning, design, right-of-way, and construction of the Cogbill Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of 2/16/98 98-977 Chesterfield hereby ~grees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the~Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Salem Church Road from Hollymeade Subdivision to Salem Church Elementary School and requests the CTB to accelerate the sidewalk construction if selected. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $76,000 for the public share of the $240,000 project for planning, design, right-of-way, and construction of the Salem Church Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for a Dutch Gap conservation area trail and a pedestrian bridge along the James River. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to provide an in-kind contribution equivalent to 20 percent of the total estimated Cost of $150,000 for planning, design, right-of-way, and construction for the Dutch Gap Conservation Area Trail and pedestrian Bridge Project along the James River, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: 98-978 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for construction of a perimeter trail around Pocahontas State Park. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees the County and the Virginia State Parks will provide an in-kind contribution equivalent to 20 percent of the total estimated cost of $340,000 for planning, design, right-of-way, and construction of the Pocahontas State Park Perimeter Trail Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17 .H. TO QUITCLAIM A 0.401 ACRE PARCEL OF LAND TO SOMMERVILLE DEVELOPMENT CORPORATION Mr. Stith stated that this date and time has been advertised for a public hearing to consider a request to quitclaim a 0.401 acre parcel of land to Sommerville Development Corporation. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 0.401 acre parcel of land to Sommerville Development Corporation. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no remaining mobile home permits or zoning requests at this time. Mrs. Humphrey expressed appreciation to the Board members for an outstanding year and stated that during the past year the County has had many accomplishments including establishment of a Unified Pay Plan; a Triple AAA Bond Rating; and Mr. Ramsey's selection as the Association of Government Accountants Distinguished Local Government Leadership Award. She expressed 98-979 appreciation to the Board members for their support during her Chairmanship. She referenced the NACo trip to Portland, Oregon where the County received sixteen NACo awards. She stated that she will value the experience she has gained as 1998 Chairman of the Board of Supervisors. 19. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adjourned at 8:55 p.m. until January 13, 1999 at 4:00 p.m. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Lan6 B. Ramsey ' / County Administrator Renny B ~umphrey Cha i rman 98-980