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10-24-2001 MinutesBOARD OF SUPERVISORS MINUTES October 24, 2001 Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Kelly E. Miller, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Ms Marilyn Cole, Asst. County Administrator Mr Richard Cordle, Treasurer Mr Roy Covington, Asst. Dir., Utilities Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Rebecca Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Ms Lisa Elko, Clerk Mr Michael Golden, Dir., Parks and Recreation Mr Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Liz Kashurba, Project Mgr., Economic Development Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Dir., Accounting Dep. Chief Paul Mauger, Fire Department Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Paul D. Patten, Assessor Mr. Francis Pitaro, Dir., General Services Ms. Sarah Snead, Dir., Social Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. Thomas A. Taylor, Dir., Block Grant Office Mr. Scott Zaremba, Asst. Dir., Human Resource Management 10/24/01 01-818 Mrs. Humphrey called the regularly scheduled meeting to order at 4:08 p.m. Mrs. Humphrey displayed a hat presented to Board members by the Fire Department and stated that each hat is inscribed with the name and will be worn in memory of a New York City firefighter who has been missing since the September 11, 2001 terrorism tragedy. 1. APPROVAL OF MINUTE~ On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of October 10~. 2001, as submitted. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 2. COUNTY ADMINISTRATOR'S COMM~NT~ Mr. Ramsey displayed the Virginia Municipal League President's Award received by Chesterfield County for its Confederate History Dialogue Project which led to the adoption of a resolution recognizing "Confederate History and Heritage Month." Mr. McHale noted that several communities in the State have contacted the County relative to the process used for the dialogues. 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. ~QUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE QRDER QF PRESENTATION After brief discussion, on motion oil Mrs. Humphrey, seconded by Mr. Warren, the Board deleted Item 8.C.2.a., Set Date for Public Hearing to Consider the Conveyance of a License Agreement Between the County of Chesterfield and the Capital Area Soccer Association for the Use of and Improvement of the Chesterfield County Fairgrounds Exhibition Building; replaced Item 8.C.5.b., Request to Quitclaim a Portion of a Thirty-Foot Ingress and Egress Easement and a Variable Width Access Easement Across the Properties of Watermill Properties, L.L.C., C. Richard Dobson Builders, Incorporated, Eagle Construction of Virginia, Incorporated and Sclhaedle Worthington Hyde Properties, L.P.; added Item 8.C.5..c., Request to Quitclaim a Portion of a Sixteen-Foot Drainage Easement (Public) Across the Property of 360 Associates Limited Partnership; added Item 8.C.9., Approval of Donation of Protein Foam to Amherst County Volunteer Fire Departments; added Item 8.C.10., Authorization for the County Administrator to Proceed with the Creation of a Route 360 West Corridor Plan and to Transfer Funds from the Reserve for Future Capital Projects; added Item 10.C.I., Closed Session Pursuant to Section 2.2-3711(A) (1) of the Code of Virginia, 1950, as Amended, to Discuss the Appointment, Performance, and/or Resignation of Board Appointees to the Health Center Commission; added Item 10.C.2., Closed Session Pursuant to Section 2.2-3711(A) (3) of the Code of Virginia, 1950, as Amended, to Discuss the Acquisition of Real Property for a Public Purpose Where Discussion in an Open Meeting Would 10/24/01 01-819 Adversely Affect the Bargaining Position or Negotiating Strategy of the County; replaced Item 17., Public Hearing to Consider Amendments to the County's Land Use Taxation Ordinance to Extend the Current Application Deadline; and adopted the Agenda, as amended. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5oao RECOGNIZING MRS. JOAN SWEARENGIN, UTILITIES DEPARTMENT, UPON HER RETIREMENT Mr. Covington introduced Mrs. Joan Swearengin who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Joan Swearengin will retire from Chesterfield County's Department of Utilities on November 1, 2001; and WHEREAS, Mrs. Swearengin began her public service with Chesterfield County on June 15, 1964 as a Clerk Stenographer in the Real Estate Assessor's office and began working for the Utilities Department on April 21, 1969; and WHEREAS, in recognition of her unique aptitude, attitude and attention to detail and her desire to perform well, Mrs. Swearengin received successive promotions within the Utilities Department including Clerk Stenographer II, Utility Information Specialist, and to Engineering Assistant where she has diligently served in that capacity since 1986; and WHEREAS, due to her extensive knowledge of Utilities Department processes and procedures, Mrs. Swearengin has made numerous suggestions which have resulted in process improvements and enhanced customer service; and WHEREAS, throughout her career, Mrs. Swearengin has maintained a personal objective to ensure that the Utilities Department and the citizens were well served; and WHEREAS, Mrs. Swearengin possesses the ability to view situations from the perspective of others and has consistently exceeded the expectations of her job by going the extra mile in providing service to the customer and has frequently received compliments from the development community for the assistance she provided; and WHEREAS, Mrs. Swearengin received the Joseph E. Pittman, Jr. award for having the longest continuous full time service to the citizens of Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mrs. Joan Swearengin and extends on behalf of its members and the citizens of Chesterfield County, their appreciation for her thirty-seven years and four months of exceptional service to the County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Swearengin and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 10/24/01 01-820 Mrs. Humphrey presented the executed resolution and a Jefferson Cup to Mrs. Swearengin, accompanied by Mr. Covington, expressed appreciation for her dedicated service to the County, and wished her well in her retirement. Mrs. Swearengin received a standing ovation. Mrs. Swearengin expressed appreciation to the County for allowing her to serve the residents. Mr. Ramsey expressed appreciation to Mrs. Swearengin for her many years of excellent customer service. PRESENTING THE JOSEPH E. PITTMAN, JR, AWARD FOR CONTINUOUS COUNTY SERVICE Mrs. Swearengin, accompanied by Mr. Ramsey, presented the Joseph E. Pittman, Jr. Award for Continuous County Service, formerly held by Mrs. Swearengin, to Mrs. Evelyn Price, accompanied by Mr. Cordle. (It is noted Mrs. Price has been an employee of the Treasurer's Office since 1967.) Mr. Ramsey, Mr. Cordle and Mrs. Humphrey congratulated Mrs. Price upon receiving the Award and also expressed appreciation for her dedicated service to the County. RECOGNIZING ROGAR INTERNATIONAL AS THE 2001 SMALL BUSINESS RECIPIENT OF THECHESTERFIELD COUNTY BUSINESS APPRE~IATIQNAND RECOGNITION AWARD Ms. Kashurba introduced Mr. Bob Crist, Mrs. Carol Crist and Mr. Tom Barron who were 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, Rogar International Corporation, located at 12738 Oak Lake Court in Chesterfield County, was founded by Mr. Robert Crist in 1975 and, after a review of over 20 cities, moved from Texas to Richmond, Virginia in 1989; and WHEREAS, the company's mission has remained the same over the past 25 years: to design, manufacture and market top- quality consumer products; and WHEREAS, Rogar began producing a line of unique wine openers and added a full line of pot racks a few years later, and its focus on fine craftsmanship, excellent customer service, innovative packaging and ]prompt delivery has enabled the company to meet the high standards of specialty retailers and upscale shoppers alike; and WHEREAS, the company most recently has built 66,000 square feet of office, warehouse and factory space on six acres of land in Chesterfield County, with another 20,000 square feet to be built in the near future, creating 40 to 50 jobs in the County with the recent move to the facility on Oak Lake Court; and WHEREAS, Rogar has donated products for various charitable organizations, including Richmond Planned Parenthood, Maymont 10/24/01 01-821 Foundation, the Kidney Foundation of Virginia, and Saint Jude Children's Research Hospital. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Rogar International Corporation and expresses appreciation, on behalf of the County, for its many contributions by recognizing it as the 2001 Small 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 Rogar International Corporation and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and an engraved silver plate to Mr. Crist, accompanied by Mrs. Crist and Mr. Barron, commended Rogar International Corporation for their many contributions to the County, and congratulated them for being the 2001 Small Business recipient of the Chesterfield County Business Appreciation and Recognition Award. Mr. Crist expressed appreciation to the Board for the recognition and also for its support of small businesses in Chesterfield County. 6. WORK SESSIQN~ o LEGISLATIVE PROGRAM Ms. Curtin presented an overview of the Proposed 2002 Legislative Program. She reviewed challenges and opportunities including the election of a new Governor and administration; changes in membership in the House of Delegates; and significant fiscal/budget issues. She stated that the County's proposed priorities include protection of cash proffer authority and protection of County revenues. She reviewed proposed legislative items including requesting a resolution to study increasing the Medicaid waiver reimbursement rates for Community Services Boards and private providers and indexing the rates to Federal Cost of Living indices and amending the County Charter to eliminate duplicate requirements for substantial accord and zoning review for new fire stations, private telecommunications and above ground utility projects. Discussion ensued relative to projects that are required to go through both the substantial accord and zoning processes. Mr. Ramsey stated that County projects such as schools and parks do not have to go through both the substantial accord and zoning processes. He further stated that the County Charter has a provision that fire stations, private telecommunications and above ground utility projects must go through both processes and indicated that approval of the legislative request would make these processes equivalent to the process for other County projects. Ms. Curtin reviewed the proposed legislative item to amend the State Code to eliminate certain circumstances which prevent property owners from applying for rezoning amendments on their property due to the 1998 "Vested Rights" legislation. Mr. Miller expressed concerns that the proposal would make it easier for a developer to circumvent the requirements of 10/24/0i 01-822 proffered conditions. Mr. Jacobson stated that the proposed legislation will enable property owners to more easily make applications for zoning changes. He further stated that currently it is impossible for some property owners to seek zoning changes based on how their property was originally zoned. Mr. Miller again expressed concerns that the proposed legislation would allow developers the flexibility to undercut agreements previously made with adjacent residents. Ms. Curtin reviewed State Budget priorities for the Juvenile Detention Home Expansion and the "Chesterfield Link" Transit System. She then reviewed support/oppose items including supporting State appropriations for various initiatives and opposing legislation which would result in rate increases from the Virginia Retirement System. Discussion ensued relative to inclusion of the volunteer firefighter pension plan under the Virginia Retirement System. Ms. Curtin reviewed support/oppose items submitted for Board consideration at the request of the Clerk of the Circuit Court. She then reviewed other issues including potential legislation resulting from the Joint Legislative Audit Review Commission (JLARC) Study of Standards of Quality and potential legislation resulting from HJR 671 (Growth Commission). She reviewed items requested by Board members for consideration including supporting the current law in continuing the car tax phase-out unless revenue forecasts trigger a slower phase-out; appropriating State funds to the Virginia Department of Transportation (VDOT) to pay back the bonded indebtedness on Powhite Parkway Extension in order to eliminate tolls on the VDOT portion of the road; amending the State Code to allow localities to impose impact fees to offset cost of residential development; amending the State Code to allow zoning inspectors to issue and serve summons for zoning violations; and amending the State Code to allow inspection of real property at time of sale to insure that property meets building maintenance code requirements. When asked, Mr. Barber stated that the original car tax phase- out law contained triggers which were not met last year and led to the controversy between the House of Delegates and the Senate. He further stated that there is speculation that the triggers will not be met again this year, and indicated that he feels it is important for the original triggers in the bill to be met before continuing the car tax phase-out. Discussion ensued relative to impact fees and cash proffers. Mrs. Humphrey requested that Mr. Dupler and Mr. Jacobson prepare a report showing the number of new homes in the County that were required to pay a cash proffer as part of a residential zoning case and those that were not required to pay a cash proffer. Mr. Miller stated that, even though he has problems with zoning violations in the Dale District, he does not support broadening the authority of zoning inspector's. He expressed concerns relative to the request to allow the County to inspect property at the time of sale and stated that, although he supports the motive behind the request, he feels it would add a burden to residents who might be trying to sell their homes. Mrs. Humphrey stated that she anticipates legislators will be limited in the number of bills they can introduce and noted that the Board may have to limit its list of legislative 10/24/01 01-823 requests to items that they feel will have a chance of being introduced by the County's legislative delegation. Mr. McHale expressed concerns relative to the length of time it takes to resolve zoning violation issues. He stated that allowing zoning inspectors to issue and serve summons for zoning violations would be beneficial to the community. He further stated that, although there has not been support for the initiative in the past by the County's legislative delegation, there may be as many as three new members this year and he would like the request to remain a part of the County's legislative program. He stated that because the County has a number of aging neighborhoods, he feels the Board should be proactive in protecting its tax base as well as property values by ensuring that when a home is sold, it at least meets the Building Maintenance Code. Mr. Miller stated that inspections can cause delays and increased costs of real estate closings. He further stated that he feels maintenance issues should be bargaining tools between buyers and sellers. Ms. Curtin reviewed the proposed legislative calendar. Mrs. Humphrey presentation. thanked Ms. Curtin for the excellent 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINES~ 8.A. STREETLIGHT INSTALLATION APPRO¥~?. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following streetlight installation: BERMUDA DISTRICT * Dunkirk Drive and Windward Drive (Greenbriar Subdivision) Cost to install streetlight: $992.61 Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Miller, the Board suspended its rules at this time to allow simultaneous nomination/appointment of members to serve on the Drug and Alcohol Abuse Task Force and the Solid Waste Advisory Committee. 8.B.1. DRUG AND ALCOHOL ABUSE TASK FORCE On motion of Mr. Warren, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. Art Semon, representing the Clover Hill District and Mr. Homer Garr, representing the Bermuda District to serve on the Drug and Alcohol Abuse Task Force, whose terms are effective immediately and will be at the pleasure of the Board. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 10/24/01 01-824 8.B. 2. SOLID WASTE ADVISQRY COMMITTEE On motion of Mr. McHale, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mrs. Terry Byers to serve as an at-large member on the Solid Waste Advisory Committee, whose term is effective immediately and expires December 31, 2002. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C. CONSENT ITEMS AUTHORIZATION FOR THE COU1T/~Y ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE A LAW ENFORCEMENT MUTUAL AID AGREEMENT WITH HENRICO COUNTY On motion of Mr. Warren, seconded by Mr. McHale, the Board authorized the County Administrator or his designee to execute the Law Enforcement Mutual Aid Agreement with Henrico County. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,¢,2, SET DATE FOR PUBLIC HEARIN6~ 8,C,2,b, TO CONSIDER FY2003 ENHANCEMENT PROJECTS On motion of Mr. Warren, seconded by Mr. McHale, the Board set the date of November 28, 2001 at 7:00 p.m. for a public hearing to consider FY2003 Enhancement Projects. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.¢,2 TO ¢0N~IDER THE ADOPTION OF AN ORDINANCE TO AMEND THE FLOQDPLAIN ORDINANCE RELATING TO THE IMPLEMENTATION OF SWIFT CREEK RESERVOIR WATERSHED MASTER PLAN On motion of Mr. Warren, seconded b'y Mr. McHale, the Board set the date of November 28, 2001 at 7:00 p.m. for a public hearing to consider the adoption of an ordinance to amend the Floodplain Ordinance relating to the implementation of the Swift Creek Reservoir Watershed Master Plan. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,¢,2.d. TO CONSIDER AN ORDINANCE RELATING TO PRIVATE QN-$iTE SEWAGE EVALUATIONS On motion of Mr. Warren, seconded by Mr. McHale, the Board set the date of November 14, 2001 at 7:00 p.m. for a public hearing to consider an ordinance relating to private on-site sewage evaluations. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-825 10/24/01 8 .C.2 ,e. TO CONSIDER AMENDMENTS RELATING TO THE COLLECTION AND REMITTANCE OF TELEPHONE, 911, AND CONSUMER UTILITY TAXES On motion of Mr. Warren, seconded by Mr. McHale, the Board set the date of November 14, 2001 at 7:00 p.m. for a public hearing to consider amendments to Sections 9-143 and 9-174 of the County Code relating to the collection and remittance of telephone, 911, and consumer utility taxes. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .C.3. ADOPTION OF RESOLUTION SUPPORTING TH~ SOUTHEAST HIGH SPEED RAIL SERVICE On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the development of high speed rail service between Washington, D.C. and Charlotte, North Carolina and between Petersburg and South Hampton Roads will help promote economic development in Virginia and North Carolina; and WHEREAS, the North Carolina Department of Transportation in cooperation with the Virginia Department of Rail and Public Transportation has completed the Tier I, Environmental Impact Statement for the Washington, D.C. to Charlotte service. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors supports the development of Southeast High Speed Rail service between Washington, D.C. and Charlotte, North Carolina, and encourages others along the corridor to join Chesterfield County in obtaining funding for this project so that it can be implemented. AND, BE IT FURTHER RESOLVED, that the Board's support is dependent on the following: Access to high speed rail service being provided in Chesterfield County with the Ettrick/Virginia State University, Petersburg and Chester areas being given consideration. High speed rail service being constructed so as to accommodate future light rail service in Chesterfield with stations in the Midlothian/Bon Air and Chester areas. High speed rail service being constructed so as to accommodate the proposed Petersburg to South Hampton Roads rail service. The abandoned railroad right-of-way, referred to as the S- line between Centralia and Petersburg partially owned by Chesterfield County not be used to provide service due to the impacts on adjoining neighborhoods, an existing park facility, and future highway construction. Funds for high speed rail service are not diverted from highway improvements. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 10/24/01 01-826 8.C.4. APPROVAL OF CONTRACTS 8 .C.4 .a. TO SHOOSMITH BROTHERS, INCORPORATED FOR THE GENITO ROAD/WOOLRIDGE ROAD PROJECT After brief discussion, on motion of Mr. Warren, seconded by Mr. McHale, the Board awarded a construction contract in the amount of $1,030,985 to Shoosmith Brothers, Incorporated for the Genito Road/Woolridge Road Project, and appropriated an additional $250,000 in anticipated Virginia Department of Transportation reimbursements for the project. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 ,C,4 ,b, FOR AERIAL PHOTOGRAPHY, DIGITAL ORTHOPHOTOGRAPHY, DIGITAL ELEVATION MODEL, AND TOPOGRAPHIC AND PLANIMETRI¢ DATA FOR T~E UPDATE OF THE COUNTY GEOGRAPHIC INFORMATION SYSTEM On motion of Mr. Warren, seconded by Mr. McHale, the Board awarded a contract in the amount of $348,990 to Merrick for providing aerial photography, digital orthophotography, digital elevation model, a digital topographic coverage, and a digital planimetric coverage to update the County's Geographic Information System (GIS) base information; authorized the County Administrator to execute contract documents; and appropriated $298,990 in use of reserves and revenue for the project. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. $,~,5. REOUESTS TO OUITCLAIM $.C.5.a, A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT AND A SIXTEEN FOOT WATER EASEMENT ACROSS THE PROPERTY OF BELLGRADE SENIOR DEVELOPMENT SERVICES, LLC On motion of Mr. Warren, seconded by Mr. McHale, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot drainage easement and a 16-foot water easement across the property of Bellgrade Senior Development Services, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.5.b, A pORTION OF A THIRTY-FOOT INGRESS AND EGRESS EA$EMRNT AND A VARIABLE WIDTH ACCESS EASEHENT ACROSS THE PROPERTIES OF WATERMILL PROPERTIES, L.L,¢., C. RICHARD DOBSON BUILDERS, INCORPORATED, EAGLE CONSTRUCTION OF VIRGINIA, INCORPORATED AND SCHAEDLE WORTHINGTON HYDE PROPERTIES, L.P. On motion of Mr. Warren, 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 01-827 10/24/01 portion of a 30-foot ingress and egress easement and a variable width access easement across the properties of Watermill Properties, L.L.C., C. Richard Dobson Builders, Incorporated, Eagle Construction of Virginia, Incorporated and Schaedle Worthington Hyde Properties, L.P. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.5.c. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT (PUBLIC) ACROSS THE PROPERTY OF 360 ASSOCIATES LIMITED PARTNERSHI~ On motion of Mr. Warren, 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 16-foot drainage easement (public) across the property of 360 Associates Limited Partnership. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.6. REOUESTS FOR PERMISSION 8.C.6.a. FROM JOHN H. MOSER AND BRENDA F. MOSER FOR A FENCE TO ENCROACH WITHIN A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS LOT 6, FARMVIEW ESTATES On motion of Mr. Warren, seconded by Mr. McHale, the Board approved a request from John H. Moser and Brenda F. Moser for a fence to encroach within a sixteen foot drainage easement across Lot 6, Farmview Estates, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.6.b. FROM GENIT0 STATION ASSOCIATES FOR A CONCRETE DUMPSTER PAD WITH WOOD FENCING TO ENCROACH WITHIN A SIXTEEN FOOT SEWER EASEMENT AND A SIXTEEN FOOT DRAINAGE EASEmeNT AND A CONCRETE PAD WITH WOOD FENCING AND A SATELLITE DISH TO ENCROACH WITHIN A SIXTEEN FOOT SEWER EASEMENT On motion of Mr. Warren, seconded by Mr. McHale, the Board approved a request from Genito Station Associates for a concrete dumpster pad with wood fencing to encroach within a 16-foot sewer easement and a 16-foot drainage easement and a concrete dumpster pad with wood fencing and a satellite dish to encroach within a 16-foot sewer easement across its property at 13625 Genito Road, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 10/24/01 01-828 8.C.6.c. FROM RICHARD L. COTTER AND VICTORIA R. COTTER TQ INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PRQPERTY ON WILCQX STREET On motion of Mr. Warren, seconded by Mr. McHale, the Board approved a request from Richard L. Cotter and Victoria R. Cotter to install a private water service within a private easement to serve property at 121511 Wilcox Street, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. $ .¢.7, AWARD OF CONSTRUCTION CONTRACT TO UNDER WATER STRUCTURES, INCORPORATED FOR FALLING CREEK DAM REPAIRS On motion of Mr. Warren, seconded by Mr. McHale, the Board awarded a construction contract in the amount of $119,500 to Under Water Structures, Incorporated for County Project Number 01-2110-8604, Falling Creek Dam Repairs, and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,C,8, APPRQVAL. OF CHANGE ORDER TO RCC CONSULTANTS, IN¢0RPQRATED FOR ¢0N~ULTANT SERVICES FOR A NEW 800 MHZ TRUNKED RADIO SYSTE~ On motion of Mr. Warren, seconded by Mr. McHale, the Board authorized the County Administrator to execute a change order in the amount of $1,000 to the contract with RCC Consultants, Incorporated for reimbursable expenses relating to consultant services for a new 800 MHZ Trunked Radio System. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. $,¢.9. APPROVAL OF DONATION OF PROTEIN FOAM TO AMHERST COUNTY VQLUNTEER FIRE DEPARTMENTS On motion of Mr. Warren, seconded by Mr. McHale, the Board approved the donation of 37 five-gallon buckets of protein foam to Amherst County Volunteer Fire Departments, Amherst, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. $.C.10. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO PROCEED WITH THE CREATION OF A ROI~E 360 WEST CORRIDOR PLAN AND TQ TRANSFER FUND~ FRQM T~E RESERVE FOR FUTURE CAPITAL PRQJECTS When asked, Mr. Jacobson stated that additional staff will be added for the proposed project and indicated that the currently scheduled Comprehensive Plans will still remain on schedule. 10/24/01 01-829 On motion of Mr. Warren, seconded by Mr. McHale, the Board authorized the County Administrator to prepare a Route 360 West Corridor Plan and the transfer of $70,000 for FY2002 from the Reserve for Future Capital Projects to the Planning Department to fund the study. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: ADDITIQN LENGTH BAYHILL POINTE. SECTIQN 6 (Effective 9/21/01) Buffalo Nickel Drive (Route 5011) - From Buffalo Nickel Turn (Route 5108) to Buffalo Springs Drive (Route 5109) 0.10 Mi Buffalo Nickel Drive (Route 5011) - From Buffalo Nickel Turn (Route 5108) to .05 mile north of Buffalo Nickel Turn (Route 5108) 0.05 Mi Buffalo Nickel Turn (Route 5108) - From Buffalo Nickel Drive (Route 5011) to Cul-de-sac 0.06 Mi Buffalo Springs Drive (Route 5109) From Penny Bridge Drive (Route 5115) to 0.06 mile west of Penny Bridge Drive (Route 5115) O.06 Mi Buffalo Springs Drive (Route 5109) - From Buffalo Nickel Drive (Route 5011) to Penny Bridge Drive (Route 5115) 0.08 Mi Buffalo Springs Drive (Route 5109) - From Buffalo Nickel Drive (Route 5011) to Battlecreek Drive (Route 5013) 0.05 Mi Penny Bridge Drive (Route 5115) - From Penny Bridge Drive (Route 5115) to 0.02 mile south of Buffalo Springs Drive (Route 5109) 0.02 Mi Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 10/24/01 01-830 IO.C. CLOSED SESSIONS PURSUANT TO SECTION 2.2-3711(A) (1) OF THE CODE OF VIRGINIA, 1950, AS AMENDED. TO DISCUSS THE APPOINTMENT, PERFORMANCE. AND/OR RESIGNATION OF BOARD APPOINTEES TO THE HEALTH CENTER COMMISSION. AND PURSUANT TO SECTION 2,2-.~711(A) (3) OF THE CODE OF VIRGINIA. 1950, AS AMENDED, TO DISCUSS THE ACOUISITION OF REAL PROPERTY FOR A PUBLIC PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION OR NEGOTiATiNG STRATEGY OF THE COUNTY On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board went into Closed Session pursuant to Section 2.2-3711(A) (1) of the Code of Virginia, 1950, as amended, to discuss the appointment, performance, and/or resignation of Board appointees to the Health Center Commission, and pursuant to Section 2.2-3711(A) (3) of the ~ode of Virginia, 1950, as amended, to discuss the acquisition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution to certify the Closed Session to discuss the acquisition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the ]provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered ]Dy the Board. No member dissents from this certification. And, further, the Board continued the Closed Session to discuss the appointment, performance, and/or resignation of Board appointees to the Health Center Commission until the end of the evening agenda. 01-831 10/24/01 The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Warren: Aye. Mr. Barber: Aye. Mr. Miller: Aye. Mrs. Humphrey: Aye. 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502 for dinner. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: 12. INVOCATION Reverend Dorothy O'Quinn, Pastor of Trinity United Methodist Church gave the invocation. 13. PLEDGE OF ALLEGIANCE TO T~ FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Tyler Hoerath led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITION~ 14 .A, RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF 14.A.1. DOUGLAS LEE STEWART, MATOACA Mr. Hammer introduced Mr. Douglas Stewart who was present to receive the resolution. 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 was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, 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. Douglas Lee Stewart, Troop 875, sponsored by Tomahawk Ruritan Club, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals 01-832 10/24/01 entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Douglas has distinguished himself as 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. Douglas Lee Stewart on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Stewart, accompanied by members of his family, congratulated him on his outstanding achievement and wished him well in his future endeavors. Mr. Stewart expressed appreciation to the Board for the recognition and also to the Tomahawk Ruritan Club, his parents, friends, family members and God for their support. 14,A,2, TYLER FREDERICK HQERATH, MIDLOTHIAN Mr. Hammer introduced Mr. Tyler Hoerath who was present to receive the resolution. 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 was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, 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. Tyler Frederick Hoerath, Troop 891, sponsored by Bon Air United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Tyler has distinguished himself as 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. Tyler Frederick Hoerath on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-833 10/24/01 Mrs. Humphrey presented the executed resolution and patch to Mr. Hoerath, accompanied by members of his family, congratulated him on his outstanding achievement and wished him well in his future endeavors. Mr. Hoerath expressed appreciation to the Board for the recognition and also to God, his parents and members of his troop for their support. 14 .B. RECOGNIZING MR. LES ANDERSON FOR HIS COMMITMENT TO THE YOUTH OF CHESTERFIELD COUNTY Mr. Hammer introduced Mr. Les Anderson who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, participation in youth athletics has been an integral part in the physical and emotional development of the youth of Chesterfield County; and WHEREAS, Mr. Les Anderson has been an inspiration and leader of Chesterfield Little League for ten years; and WHEREAS, Mr. Anderson has been a mentor for hundreds of Chesterfield Little League participants and has instilled in the players the philosophy of commitment and sportsmanship; and WHEREAS, Mr. Anderson has volunteered to serve in numerous positions within Chesterfield Little League, including assistant coach, manager, all-star coach, umpire, clinician, and member of the Board of Directors. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Les Anderson, expresses appreciation for his dedicated and unselfish commitment to the youth of Chesterfield County, and wishes him continued success with the Chesterfield Little League. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Anderson and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution to Mr. Anderson and expressed appreciation for his outstanding commitment to the County's youth. 15. REOUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED THE CONSENT AGENDA TO BE HEARD IN T~m FOLLOWING ORDER; - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION CASES W~RE THE APPLICANT DOES NOT ACCEPT TW~ RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILT, BE HEARD AT SECTION 18 In Matoaca Magisterial District, DUVAL INVESTMENTS, INC. requested rezoning and amendment of zoning district map from 01-834 Agricultural (A) to Residential (R-25). Residential use of up to 1.74 units per acre is permitted in a Residential (R-25) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1 - 5 acre lots. This request lies on 135 acres lying approximately 1,500 feet off the west line of Elko Road, measured at a point approximately 150 feet north of Vinewood Drive. Tax ID 784-629-7820 (Sheet 41) . Mr. Jacobson stated that, in an effort to address neighborhood concerns, the applicant is requesting that the Board remand Case 01SN0201 to the Planning Commission. Mr. Andy Scherzer, representing the applicant, requested that the Board remand Case 01SN0201 to the Planning Commission. No one came forward to speak to the remand request. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board remanded Case 01SN0201 to the Planning Commission. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 00SN0243 (Amended) In Clover Hill Magisterial District, JAMES BAKER requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15). Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 31.3 acres fronting approximately 500 feet on the south line of West Providence Road, also fronting approximately 1,100 feet on the east line of Grey Oak Drive and is located on the western termini of Loch Banif and Buteshire Roads. Tax ID 750-692-1404 and 8777 (Sheet 10). Mr. Jacobson stated that the applicant is requesting a deferral until November 28, 2001. Mr. William Shewmake, representing the applicant, stated that the applicant has now agreed to the 2,000 square foot minimum for homes. He requested a deferral until November 28, 2001 to allow the Board and neighboring residents additional time to review the newly submitted proffered conditions. Mr. Michael Tyler, a resident of Loch Braemar, expressed concerns relative to the multiple delays and unfulfilled expectations that have occurred during negotiations with the developer. He stated that the residents do not feel anything significant will change with another deferral of the case. He recognized approximately 125 to 150 people who stood in support of the Board denying the deferral request and hearing the case. There being no one else to speak to the deferral, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. McHale, the Board denied the request to defer Case 00SN0243 until November 28, 2001. Ayes: Humphrey, Miller, McHale and Warren. Nays: None. Abstain: Barber. 10/24/01 01-835 Mr. Barber expressed concerns that the Board would not allow negotiations to continue. Mr. Warren stated that over 25 community meetings have been held and the residents are frustrated that negotiations have not been successful. 01SN0267 In Matoaca Magisterial District, TASCON GROUP, INC. requested rezoning and amendment of zoning district map from Agricultural (A) to Residential Multi-family (R-MF) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up to 10 units per acre is permitted in a Residential Multi-family (R-MF) District. The Comprehensive Plan suggests the property is appropriate for community mixed use with residential densities of 8 to 14 units per acre and for single family residential use of 2.0 units per acre or less. This request lies on 37.3 acres fronting approximately 1,350 feet on the west line of North Spring Run Road, also fronting approximately 1,400 feet on the north line of McEnnally Road and is located in the northwest quadrant of the intersection of these roads. Tax ID 724-670-5538 (Sheet i5) . Mr. Jacobson presented a summary of Case 01SN0267 and stated that Mrs. Humphrey has requested a deferral until November 28, 2001. Mrs. Humphrey requested a deferral until November 28, 2001 to address concerns of Summerford and Birkdale residents relative to increased traffic on McEnnally and Winterpock Roads. Mr. John Easter, representing the applicant, stated that the deferral is acceptable. No one came forward to speak to the deferral. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board deferred Case 01SN0267 until November 28, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 00SN024~ (Amended) In Clover Hill Magisterial District, JAMES BAKER requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15). Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 31.3 acres fronting approximately 500 feet on the south line of West Providence Road, also fronting approximately 1,100 feet on the east line of Grey Oak Drive and is located on the western termini of Loch Banif and Buteshire Roads. Tax ID 750-692-1404 and 8777 (Sheet 10). Mr. Jacobson stated that he has just received a letter from the applicant's representative requesting that the case be withdrawn. Mr. Micas stated that State law permits the applicant to withdraw the case prior to the Board acting upon it. He further stated that the applicant could refile at a later date, 10/24/01 01-836 and the zoning process would start over. When asked, Mr. Micas stated that, by withdrawing the case, the applicant can refile within a year. He further stated that if the Board were to deny the case, the applicant would have to wait 12 months before submitting a substantial similar request. He stated that the Board is required by State law to acknowledge withdrawal of the case. On motion of Mr. Warren, seconded by Mr. McHale, the Board acknowledged withdrawal of Case 00SN0243. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. Warren expressed appreciation to the residents for their community spirit. He recognized the leadership who represented the residents in negotiating with the applicant. Mr. Warren then excused himself from the meeting. 02SN0106 In Matoaca Magisterial District, DAVID ORR requested amendment to zoning (Case 98SN0137) and amendment of zoning district map relative to setbacks and buffers. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies in a Regional Business (C-4) District on 4.2 acres fronting approximately 800 feet on the north line of Commonwealth Centre Parkway, approximately 700 feet west of Route 288. Tax ID 736- 676-0954 (Sheet 16). Mr. Jacobson presented a summary of Case 02SN0106 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Ms. Tracey Lohr, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the case. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 02SN0106 and accepted the following proffered conditions: For the area of the Property adjacent to Tax ID 736-676- 7068, there shall be an eighty (80) foot setback for all buildings, inclusive of the buffer outlined in Proffered Condition 2. (P) (Note: This Proffered Condition supersedes Proffered Condition 10 of Case 98SN0137 for the request property only.) o For the area of the Property adjacent to Tax ID 736-676- 7068, there shall be a fifteen (15) foot buffer. The buffer shall conform to the requirements of the Zoning Ordinance for 1.5 times the density of Perimeter Landscaping C. (P) (Note: This Proffered Condition supersedes Proffered Conditions 11 and 12 of Case 98SN0137 for the request property only.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Absent: Warren. 01-837 i0/24/01 -j Mr. Warren returned to the meeting. 16, H~ARINGS OF CITIZENS ON UNSCWRDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 17, pUBLIC HEARINGS o TQ CONSIDER AMENDMENTS TO THE COUNTY'S LAND USE TAXATION ORDINANCE TO EXTEND THE CURRENT APPLICATION DEADLINE Mr. Patten stated that this date and time has been advertised for a public hearing to consider amendments to the County's land use taxation ordinance to extend the current application deadline. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 9-18 RELATING TO LAND USE TAXATION APPLICATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-18 of Chesterfield, 1997, as amended, read as follows: the Code of the County of is amended and re-enacted to Sec. 9-18. Applications--Required. (a) The owner of any real estate meeting the criteria set forth in Code of Virginia, §§ 58.1-3230 and 58.1-3233(2), may, at least 60 days preceding the tax year for which such taxation is sought, apply to the county assessor for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use, under the procedures set forth in Code of Virginia, § 58.1-3236, provided that in any year in which a general reassessment is being made the property owner may submit such application until the later of 30 days have elapsed after his notice of increase in assessment is mailed in accordance with the Code of Virginia, § 58.1-3330, or 60 days preceding the tax year. The application shall be on forms provided by the state department of taxation and supplied by the county assessor and shall include such additional schedules, photographs and drawings as may be required by the county assessor. An application fee of $10.00 shall accompany each application. In addition, an application may be filed within no more than sixty days after the filing deadline specified herein upon payment of a late filing fee of $25.o0. (b) A separate application shall be filed for each parcel on the land book. o o o (2) That this ordinance immediately upon adoption. shall become effective Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-838 Mr. Miller excused himself from the meeting. 18. REMAINING MOBILE HOME PERMITS AND ZONING REOUESTS 01SN0163 In Midlothian Magisterial District, SPRINT PCS requested Conditional Use Planned Development and amendment of zoning district map and appeals the Planning Commission's Substantial Accord Determination to permit a communications tower with height exception in a Residential (R-40) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 1.8 acres fronting approximately ninety-five (95) feet on the south line of Robious Road, across from Polo Parkway. Tax ID 738-714-Part of 6361 (Sheet 2). Ms. Rogers presented a summary of Cases 01SN0163 and 01PD0171 and stated that the Planning Commission did not find the proposal to be in substantial accord with the Comprehensive Plan. She further stated that staff recommends that the Planning Commission's decision be upheld. She stated that the request does not conform to the locational criteria of the Public Facilities Plan and the tower siting policy which suggest that towers should be architecturally incorporated into existing structures in highly developed areas. She further stated that the Planning Commission and staff recommended denial of the conditional use for the same reasons that the substantial accord was denied. Mr. Steve Romine, representing the applicant, stated that Sprint representatives look for tall structures for co-locating its antennae. He further stated that, after the authorization for Sprint's antenna to be located on the Robious Water Tank was withdrawn, the flagpole proposal was submitted as a result of the applicant's effort to find another location. He stated that on October 10, 2001, the Board authorized Sprint and other wireless communication carriers to jointly apply for substantial accord and a conditional use planned development to permit exceptions to ordinance requirements for communications antennae to be installed on the Robious Water Tank. He further stated that the carriers filed the application on October 15, 2001 and indicated that, if the application proves successful, cellular service will be provided in this part of the Midlothian District. He encouraged the Board to approve the application for co-location on the Robious Water Tank at the appropriate time. Ms. Edith Murray, an adjacent property owner, stated that she and many of her neighbors do not support the request. There being no one else to speak to the case, the public hearing was closed. Mr. Barber stated that the 1996 Federal Telecommunications Act requires that written findings be made to support the denial of a request to site a communications tower. He submitted the following findings for the record in the Sprint PCS conditional use and substantial accord cases, Case Numbers 01PD0171 and 01SN0163: 01-839 o o The proposed tower is located near Briarwood Subdivision, an established neighborhood. Therefore, the proposed tower does not conform to the locational criteria of the Public Facilities Plan which suggests that towers should be located so as to minimize their impact on existing residential development. The proposed tower consists of a monopole that will be disguised as a flagpole. However, the height of the tower is such that the flagpole design is not sufficient to camouflage the use. The Public Facilities Plan suggests that the tower should be architecturally incorporated into the design of the existing building. The monopole design does not comply with this recommendation. The adopted Plan recommends that this area is appropriate for residential use, therefore, the proposed tower does not conform to the tower policy which indicates that towers should be located in areas recommended by the Plan for general commercial, general industrial and agricultural/forestal use. County Code § 19-13 requires that the Board consider whether or not the proposed use complies with the Plan in deciding whether to grant a conditional use permit. This use does not comply with the Plan. In granting a conditional use, County Code § 19-13 requires the Board to consider whether the proposed use will be injurious to the use and enjoyment of area properties. Because of its location near an established subdivision and its high visibility due to the failure to architecturally incorporate the tower into the design of the existing building and the fact that the structure will be significantly taller than any other structures or vegetation in the surrounding area, this proposed tower will be injurious to the use and enjoyment of area properties. Mr. Miller returned to the meeting. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board upheld the Planning Commission's determination that Case 01PD0171 is not in Substantial Accord with the Comprehensive Plan. Ayes: Humphrey, Barber, McHale and Warren. Nays: None. Abstain: Miller. Mr. Miller stated that he is abstaining because he was not present during discussion of the case. Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to deny Case 01SN0163. Ayes: Humphrey, Barber, McHale and Warren. Nays: None. Abstain: Miller. (for the reason stated above) It was generally agreed that the Board not reconvene the Closed Session relative to the appointment, performance, and/or resignation of Board appointees to the Health Center Commission. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board adopted the following resolution certifying the Closed Session 01-840 relative to the appointment, performance, and/or resignation of Board appointees to the Health Center Commission: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. And, further, the Board continued the Closed Session to discuss the appointment, performance, and/or resignation of Board appointees to the Health Center Commission until the end of the evening agenda. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Warren: Aye. Mr. Barber: Aye. Mr. Miller: Aye. Mrs. Humphrey: Aye. 19. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adjourned at 8:02 p.m. until November 14, 2001 at 4:00 p.m. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Renny Bush Humphrey Chairman 01-841