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12-19-2001 MinutesBOARD OF SUPERVISORS MINUTES December 19, 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: Mr. George Braunstein, Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Ms Marilyn Cole, Asst. County Administrator Mr Richard Cordle, Treasurer Ms Mary Ann Curtin, Dir., Intergovtl. Relations Mr William W. Davenport Commonwealth's Attorney Ms Rebecca Dickson, Dir., Budget and Management Ms Debbie Dugger, Admin., Youth Group Home Mr William D. Dupler, Building Official Ms Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Ms. Suzanne Fleming, Asst. Dir., Social Services Ms. Karla J. Gerner, Dir., Human Resource Mgmt. 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. H. Edward James, Dir., Purchasing Mr. Donald Kappel, Dir., Public Affairs Mr. Louis Lassiter, Dir., Internal Audit Capt. Karl Leonard, Police Department Mr. Jacob W. Mast, Jr. Nursing Home Admin. Ms. Faith McClintic, Asst. Dir., Economic Development Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney 2/19/0 01-946 Mr. Paul D. Patten, Assessor Mr. Glen Peterson, Dir., Community Diversion Incentive Program Mr. Francis Pitaro, Dir., General Services Mr. William Russell, Asst. Dir., Information Systems Technology Ms. Cindy Smith, Asst. Dir., Risk Management Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir., Block Grant Office Dr. Robert Wagenknecht, Dir., Libraries Major Barry Woody, Sheriff's Office Ms. Judy L. Worthington, Circuit Court Clerk Mrs. Humphrey called the regularly scheduled meeting to order at 3:14 p.m. 1, ApPRQVAL QF MINUTES FOR NOVEMBER 28, 2001 On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the minutes of November 28, 2001, as submitted. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 2~ o COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Mr. Jeffrey Mincks, Deputy County Attorney, who led a choir of county employees in several musical selections. Mr. Ramsey called forward Captain Leonard to provide the Board with information relative to his service as a military reservist. Captain Leonard stated that, as a member of the Coast Guard Reserves, he was deployed to the New York harbor on September 12, 2001. He described the challenges as well as the rewards received through his service. He expressed appreciation to the Board for allowing him to provide the military service and also for maintaining benefits and providing pay differential for active duty county employees. Mr. Davenport introduced Project Exile Prosecutor Thomas McKenna who reviewed initiatives relating to Project Exile. A video of a commercial produced for Chesterfield Project Exile was shown which is another tool to combat handgun violence in the county. Mr. Golden recognized Parks and Recreation staff members who were recently presented awards at the Virginia 12/19/01 01-947 Recreation and Park Society's (VRPS) annual conference -- Mr. Mark Pinney, Center Director at the Bensley Community Building, was named ~'Best New Professional" in the state; the ~'Distinguished Private Award" went to Philip Morris U.S.A. for their team building construction and landscaping project at Henricus Historical Park; and Mr. Greg Sager, Community Recreation Manager, was recognized for his leadership in 2001 as president of the VRPS. Mr. Ramsey provided an update relative to the Rayon Park sewer issue. He stated that a survey of all Rayon Park residents is being completed and a meeting is scheduled for January 10, 2002 at the Bensley Community Center to provide the citizens with results of the survey and the recommendations that staff will be making to the Board. He further stated that a work session is scheduled for the January 23, 2002 Board meeting relative to the issue. 3. BOARD CO~4ITTEE R~PORTS Mrs. Humphrey stated that she would like to add December 31, 2001 to the County employees' holiday schedule. Mr. Micas stated that an item could be added to the agenda to amend the 2001 Holiday Schedule. Mr. McHale stated that the Parade of Lights was very successful and expressed appreciation to Parks and Recreation, the James River Advisory Council and Friends of Chesterfield's Riverfront for their efforts in making the event festive. Mr. Warren commended the Brandermill Community Association for being the recipient of the Outstanding Community Association of the Year award for the second consecutive year. Mr. Barber stated that he held a constituents, meeting on December 3, 2001 relative to a proposed senior center in Midlothian. He further stated that Ms. Curtin will be guest speaker at his January 14, 2002 constituents, meeting relative to the County's legislative agenda. He stated that he serves as chairman of the Taxicab Advisory Board and noted that a public hearing will be held January 28, 2002 at the new Convention Center relative to regional taxicab service. He further stated that he is planning an informational meeting for citizens in the newly redistricted areas of the Midlothian District. Mr. Miller stated that he held a constituents, meeting concerning elderly zoning issues on November 15, 2001. He further stated that he attended the Tri-Cities Mayors and Chairs quarterly meeting where concerns were shared relative to potential legislation to give by-right placement of manufactured housing in any residentially zoned district. Mrs. Humphrey stated that she and Mr. Warren held a joint meeting with their respective School Board members and the Clover Hill High School PTA. She further stated that she has held two community meetings regarding zoning cases in the Matoaca District. She expressed concerns relative to potential legislation to give by-right placement of manufactured housing in residential districts and stated that Chesterfield County must oppose this action. Mr. Miller stated that it is crucial to inform county residents of the potential legislation and requested that letters be sent to community associations and other organizations informing them of the potential legislation. 12/19/01 01-948 Discussion ensued relative to the seriousness of the issue and it was generally agreed that an item be added to the agenda to authorize the County Administrator to prepare a letter informing citizens of the potential legislation and also prepare a resolution for the Board's consideration at its January 9, 2002 meeting opposing the potential legislation. REOUESTS TO POSTPONE ACTION. ADDITIONS, OR CHANGES IN THE ORDER OF pRESENTATION On motion of Mr. McHale, seconded by Mr. Warren, the Board added Item added Item 8.A., Consideration on an Emergency Basis of an Ordinance Extending the Period of Leaf Burning; deleted Item 8.C.8.f., Request for Permission from James E. Manley and Medora G. Manley to Install a Private Water Service Within a Private Easement to Serve Property on Hopkins Road; replaced Item 8.C.12.b., Transfer of District Improvement Funds from the Bermuda District Improvement Fund to the School Board to Purchase Band Instruments for Thomas Dale High School; added Item 8.C.14., Amendment to 2001 Holiday Schedule; added Item 8.C.15., Authorization for County Administrator to Prepare an Informational Letter Relative to Potential Legislation to Give By-Right Placement to Manufactured Housing in any Residentially Zoned District and to Prepare a Resolution Opposing the Potential Legislation; replaced Item 10.A., Status Report on the General Fund Balance, Reserve For Future Capital Projects, District Improvement Fund and Lease Purchases; added Item 15.B., Resolution Recognizing David Edward Newill-Smith for His Talent as a Musical Composer; replaced Item 17.E., Public Hearing to Consider Amending the County Code to Allow for Collection of Emergency Response Costs Incurred in Responding to Driving Under the Influence Incidents; and adopted the Agenda, as amended. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING THE BOULDERS AND CB RICHARD ELLIS, INCORPORATED AS THE DEVELOPER OF THE YEAR FOR 2001 Ms. McClintic introduced Mr. Bill Reynolds and Mr. Bruce Mason 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, CB Richard Ellis, Incorporated is located in The Boulders at 1001 Boulders Parkway and employs 55 individuals; and WHEREAS, the company manages and leases 11 buildings encompassing over one million square feet; and WHEREAS, The Boulders, a premiere corporate development in Chesterfield County since the early 1980's, has assisted the county in attracting several quality companies such as Westvaco, CIGNA, Tredegar Corporation, Sentry Insurance, HCA, AAA of Virginia and Swedish Match; and WHEREAS, The Boulders concert area has played host to 12/19/01 01-949 hundreds of events over the years, many of a charitable and fund raising nature; and WHEREAS, in 2001, the company leased 120,000 square feet at Boulders VIII with an aggregate value of $17 million, and the quality projects located in The Boulders over the years reflect an unwavering commitment to its business, employees and customers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes CB Richard Ellis, Incorporated and The Boulders and expresses its appreciation, on behalf of the county, for the company's many contributions by recognizing it as the 2001 recipient of the Chesterfield County Developer of the Year Award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to CB Richard Ellis 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 Messrs. Reynolds and Mason, commended The Boulders and CB Richard Ellis, Incorporated for their many contributions to the County, and congratulated them for being the 2001 Developer recipient of the Chesterfield County Business Appreciation and Recognition Award. Mr. Reynolds expressed appreciation to the Board for the recognition and also for its support over the years. RECOGNIZING MS. S~L~RON RANDOL, OUALITY COORDINATOR FOR HER CONTRIBUTIONS TO CHeSTERFIeLD COU~¥ Ms. Cole introduced Ms. Sharon Randol who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Sharon Randol is Chesterfield County's Quality Coordinator and joined the county in that capacity in 1995; and WHEREAS, Chesterfield County earned the prestigious United States Senate Productivity and Quality Award in 1994, and Ms. Randol came on board the following year to direct the county's continued commitment to quality and excellence in public service; and WHEREAS, Ms. Randol has been a valuable member of the county's Leadership Group; and WHEREAS, Ms. Randol has shepherded the county's continuous improvement efforts from that point until the present, including attainment of the Award for Continuing Excellence in May 1999; and WHEREAS, among her achievements are leading the TQI Steering Committee and the county to new levels of success in the quality arena; helping to establish the TQI University; and providing recognition and support to the more than 600 graduates from the university; and 12/19/01 01-950 WHEREAS, Ms. Randol was responsible for overseeing the development, implementation and measurement of two vital citizen satisfaction surveys undertaken to help the county to measure its progress on its total quality improvement journey; and WHEREAS, Ms. Randol helped to conduct an organizational climate assessment in keeping with the county's strategic goal of being the "employer of choice," and WHEREAS, in these and many other endeavors, Ms. Randol has greatly assisted the Board of Supervisors, county staff and the citizens of Chesterfield County to enjoy the benefits of improved customer service and a broad array of other improvements in local government performance; and WHEREAS, Ms. Randol is relocating to Arlington County, Virginia in January 2002. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Ms. Sharon Randol, and extends, on behalf of its members and the citizens of Chesterfield County, sincere appreciation for her service and dedication to improving the quality of life for Chesterfield residents, and wishes her well in her new endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Randol 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 Ms. Randol, expressed appreciation for her many contributions to the County's quality initiative and wished her well in future endeavors. Ms. Randol expressed appreciation to the Board for the recognition and also for its leadership of the quality effort. 5.C. RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES-OF-THE-YEAR FOR 2001 Ms. Cole introduced the 2001 Employees-of-the-Year, who were as follows: Name Anne Butz Department Mental Health/Mental Retardation/ Substance Abuse Kimberly Chewning-McCarthy Youth Group Home Building Inspections County Attorney's Office Parks and Recreation Community Corrections Commonwealth Attorney's Office Police Department 01-951 Craig Condrey Pamela Craze Laura Dalton Marilyn Dundon Virginia Duvall Christie Gunn 12/19/01 Mike Harmon Kaye Hendrick Tammy Higgins Michelle Kirkland Linda Lewis Kathe Lloyd Jo Carol Mayton Julie McAllister Angie Parrish Scott Peach Chris Ramsey Heidi Risner Kim Shaw Lynne Sims Janice Thweatt Paula Trainham Sandra Varney Karla Viar John Wack Judy Watson Lance Wilson Martha Woodfin Pam Young Pamela Zieber Fire Department Utilities Department Emergency Communications Treasurer's Office Planning Department Management Services Administration Purchasing Department Environmental Engineering Human Resource Management Information Systems Technology Social Services Extension Office Internal Audit County Administration General Services Real Estate Assessment Health Department Circuit Court Clerk's Office Budget and Management Risk Management Sheriff's Office Juvenile Probation Accounting Department Library Mr. Ramsey presented each of the Employees-of-the-Year with a plaque recognizing them as their Department's Employee-of- the-Year and expressed appreciation for the dedicated service of each of the departmental Employees-of-the-Year. Mrs. Humphrey presented each of the Employees-of-the-Year with a gift bag containing various awards and expressed appreciation on behalf of the Board for their dedicated service. 6. WORK SESSION~ There were no work sessions at this time. 7. DEFERRED ITEM~ There were no deferred items at this time. 12/19/01 01-952 8. NEW BUSINESS 8~a, CONSIDERATION ON AN EMERGENCY BASIS OF AN ORDINANCE EXTENDING THE PERIOD FOR LEAF BURNING Fire Marshal Mike Hatton stated that as a result of the recent drought, Governor Gilmore banned open burning from midnight October 26, 2001 until December 11, 2001 which affected the county's fall leaf burning season. He further stated that staff is recommending that the Board extend the leaf burning season in areas already approved for leaf burning until January 15, 2002. After brief discussion, Mrs. Humphrey stated that she would like to extend it until January 18, 2002 to give the residents an additional 30 days to burn leaves. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adopted the following ordinance on an emergency basis: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 11-41 RELATING TO BURNING OF LEAVES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (i) That Section 11-41 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 11-41. Leaf burning dates and times. (a) No person in the county may burn leaves from trees on property where they reside, except: from March 15 to April 15 from 4:00 p.m. to midnight Monday through Thursday and from November 15 to December 15 from 8:00 a.m. on Monday to noon on Friday; provided, however, that leaf burning shall be permitted from December 19, 2001 through January 18, 2002. O O O (2) That this ordinance shall become effective immediately upon adoption. And, further, 7:00 p.m. for ordinance. the Board set the date of January 23, 2002 at a public hearing to readopt the emergency Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B, APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Warren, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Disability Services Board, Appomattox River Water Authority, Central Virginia Waste Management Authority, Personnel Appeals Board, Chesterfield Community Services Board and Citizens Transportation Advisory Committee. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-953 12/19/01 8.B.1. DISABILITY SERVICES BOARD After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Barber, the Board simultaneously nominated/appointed Ms. Susan Watts, representing the Matoaca District, to serve on the Disability Services Board, whose term is effective January 1, 2002 and expires December 31, 2002. (It is noted Ms. Watts will fill the unexpired term of Mr. Beverly Mason.) And, further, the Board simultaneously nominated/reappointed Ms. Janice Johnson, representing the Matoaca District, Ms. Anne McKenney, representing the County at-large, Ms. Margaret Connor, representing the County at-large, and Ms. Judy Rossi, staff representative, to serve on the Disability Services Board, whose terms are effective January 1, 2002 and expire December 31, 2004. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.2. APPOMATTOX RIVER WATER AUTHORITY On motion of Mr. McHale, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. Lane B. Ramsey and Mr. Craig Bryant (alternate member) to serve on the Appomattox River Water Authority Board, whose terms are effective January 1, 2002 and expire December 31, 2002. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.3. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. William H. Howell and Mr. James J. L. Stegmaier (alternate member) to serve on the Central Virginia Waste Management Authority, whose terms are effective January 1, 2002 and expire December 31, 2005. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.4. PERSONNEL APPEALS BOARD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. Michael M. Shackleford, representing the County at-large, to serve on the Personnel Appeals Board, whose term is effective January 1, 2002 and expires December 31, 2004. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.5. CHESTERFIELD COMMUNITY SERVICES BOARn On motion of Mr. Warren, seconded by Mr. McHale, the Board simultaneously nominated/appointed/reappointed Mr. Thomas M. Deadmore, representing the Dale District, Ms. Nancy B. Briggs, representing the County at-large, and Mr. Harry E. Colestock, III, representing the County at-large, to serve on the Chesterfield Community Services Board, whose terms are effective January 1, 2002 and expire December 31, 2004. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-954 12/19/01 8.B.6. CITIZENS TRANSPORTATION ADVISORY CQMMITTEE On motion of Mr. McHale, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. Michael Murray, representing the County at-large, and Ms. Alison L. Barrel (alternate member) to serve on the Citizens Transportation Advisory Committee of the Richmond Area Metropolitan Planning Organization, whose terms are effective immediately and expire June 30, 2002. (It is noted Mr. Murray will fill the unexpired term of Mr. Robert Corder.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C. CONSENT ITEMS 8.C.1. SET DATE FOR PUBLIC HEARINGS $.C.l.a. TO CONSIDER AN AMENDMENT APPLICATION FOR EXPANSION OF THE JEFFERSON DAVIS ENTERPRISE ZONE BOUNDARIES On motion of Mr. McHale, seconded by Mr. Miller, the Board set the date of January 9, 2002 at 7:00 p.m. for a public hearing to consider amending the boundaries of the Jefferson Davis Enterprise Zone and authorizing Economic Development staff to submit an application to the Virginia Department of Housing and Community Development to expand and reconfigure boundaries for the Jefferson Davis Enterprise Zone. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.l.b. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE ROBIQU$ WATER TANK On motion of Mr. McHale, seconded by Mr. Miller, the Board set the date of January 9, 2002 at 7:00 p.m. for a public hearing to consider the leasing of County property at the Robious water tank. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,C,2, STATE RQAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets 01-955 i2/i9/0i described below to the secondary system pursuant to ~ 33.1-229, Code of Virginia, Subdivision Street Requireme~%$. AND, BE IT FURTHER clear and unrestricted necessary easements for AND, BE IT FURTHER resolution be forwarded to the Resident Engineer Virginia Department of Transportation. Tvoe Chanae to the Secondary System of State HIQhwavs: Additioll Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Club Crest Sec.2 (i~ Rivers Bend · Club Crest Boulevard, State Route Number: 4751 From: Hogan's Alley ( Rt. 4835) To: Club Ridge Dr., ( Rt. 4752), a distance of: 0.08 miles. Right-of-way record was filed on 10/21/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 68, with a width of 90 Ft. · Club Crest Boulevard, State Route Number: 4751 From: Club Ridge Dr., ( Rt. 4752) To: Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 10/21/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 68, with a width of 40 Ft. · Club Ridge Court, State Route Number: 4753 From: Club Ridge Dr., ( Rt. 4752) To: Cul-de-sac, a distance of: 0.19 miles. Right-of-way record was filed on 10/21/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 68, with a width of 40 Ft. · Club Ridge Drive, State Route Number: 4752 From: Club Crest BI., ( Rt. 4751) To: Club Ridge Ct., ( Rt. 4753), a distance of: 0.07 miles. Right-of-way record was filed on 10/21/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 68, with a width of 80 Ft. · Club Ridge Drive, State Route Number: 4752 From: Club Ridge Ct., ( Rt. 4753) To: .02 Mi. N of Club Ridge Ct., ( Rt. 4753), a distance of: 0.02 miles. Right-of-way record was filed on 10/21/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 65, with a width of 80 Ft. And, further, the WHEREAS, the recorded in the Chesterfield Board adopted the of state highways, and the Department's RESOLVED, that this Board guarantees a right-of-way, as described, and any cuts, fills and drainage. of RESOLVED, that a certified copy of this for the following resolution: streets described below are shown on plats Clerk's Office of the Circuit Court of County; and WHEREAS, the Resident Engineer for the Virginia Department Transportation has advised this Board the streets meet the 01-956 requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvr~e Chan¢~e to the Secondary System of State Hi¢=hway~: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Chandon, Sec.1 (~ The Highlands · Chandon Court, State Route Number: 5296 From: Shagreen Ln., ( Rt. 5295) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 94, with a width of 50 Ft. · Chandon Place, State Route Number: 5297 From: Shagreen Ln., ( Rt. 5295) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 94, with a width of 50 Ft. · Shagreen Lane, State Route Number: 5295 From: Easffair Dr., (Rt. 5186) To: Chandon Ct., ( Rt. 5296), a distance of: 0.07 miles. Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 94, with a width of 50 Ft. · Shagreen Lane, State Route Number: 5295 From: Chandon Ct., (Rt. 5296) To: .14 Mi. SW of Eastfair Dr., ( Rt. 5186), a distance of: 0.07 miles. Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 94, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 01-957 NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chanae to the Secondary System of State Hiahw8y$: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: From: To: Chandon, Sec.2 ~ The Highlands Shagreen Court, State Route Number: 5298 Shagreen Ln., ( Rt. 5295) Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 2/15/2000 with the Office Of Clerk To Circuit Court in Pb. 109: Pg.38, with a width of 50 Ft. · Shagreen Court, State Route Number: 5298 From: Shagreen Ln., ( Rt. 5295) To: Cul-de-sac, a distance of: 0.21 miles. Right-of-way record was filed on 2/15/2000 with the Office Of Clerk To Circuit Court in Pb. 109: Pg.38, with a width of 50 Ft. · Shagreen Lane, State Route Number: 5295 From: .07 Mi. S of Chandon Ct., ( Rt. 5296) To: Shagreen Ct., ( Rt. 5298), a distance of: 0.14 miles. Right-of-way record was filed on 2/15/2000 with the Office Of Clerk To Circuit Court in Pb. 109: Pg.38, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. i2/19/01 01-958 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tv~e Chanae to the Secondary System of State Highways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Hollymeade, Section B ® Lockberry Ridge Court, State Route Number: 4533 From: Lockberry Ridge Lp., ( Rt. 4393) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 10/31/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 88, with a width of 40 Ft. · Lockberry Ridge Loop, State Route Number: 4393 From: .03 Mi. $ of Lockberry Ridge Dr., ( Rt. 4392) To: Lockberry Ridge Ct., ( Rt. 4533), a distance of: 0.06 miles. Right-of-way record was filed on 10/31/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 86, with a width of 50 Ft. · Lockberry Ridge Loop, State Route Number: 4393 From: Lockberry Ridge Ct., ( Rt. 4533) To: .06 Mi. S of Lockberry Ridge Ct., ( Rt. 4533), a distance of: 0.06 miles. Right-of-way record was filed on 10/31/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 88, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, ~Q~e of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. TyI~ (~hanae to the Secondary System of State Hi¢~hwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.t-229 Project: Lylwood (~ The Highlands Addition 01-959 12/19/01 · Lylwood Court, State Route Number: 5285 From: Lylwood Ln., ( Rt. 5286) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 11/30/2001 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 3, with a width of 50 Ft. · Lylwood Lane, State Route Number: 5286 From: Eastfair Dr., ( Rt. 5186) To: Lylwood Ct., ( Rt. 5285), a distance of: 0.12 miles. Right-of-way record was filed on 11;30/2001 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 3, with a width of 50 Ft. · Lylwood Lane, State Route Number: 5286 From: Lylwood Ct., ( Rt. 5285) To: Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 11/30/2001 with the Office Of Clerk To Cimuit Court in Pb. 102; Pg. 3, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virgi~, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. T¥oe Chance to the Secondary System of State Hiohways: Additlorl Basis for Change: Addition, New subdivision street Statutory Reference: §33,1-229 Project: Whitley Manor, Sec. 1 ~ The Highlands · Hadden Hall Court, State Route Number: 5284 From: Hadden Hall Dr., ( Rt. 5283) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 92, with a width of 50 Ft. · Hadden Hall Drive, State Route Number: 5283 From: Highland Glen Dr., ( Rt. 5160) 12/19/01 01-960 To: Hadden Hall Ct., ( Rt. 5284), a distance of: 0.25 miles. Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 92, with a width of 50 Ft. · Hadden Hall Drive, State Route Number: 5283 From: Hadden Hall Ct., ( Rt. 5284) To: .04 Mi. SE of Hadden Hall Ct., ( Rt. 5284), a distance of: 0.04 miles. Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 92, with a width of 50 Ft. · Highland Glen Drive, State Route Number: 5160 From: .01 Mi. E. Sidlaw Hills Ln., ( Rt. 5182) To: Hadden Hall Dr., ( Rt. 5283), a distance of: 0.30 miles. Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 92, with a width of 70 Ft. · Highland Glen Drive, State Route Number: 5160 From: Hadden Hall Dr., ( Rt. 5283) To: 0.37 Mi. E of Sidlaw Hills Ln., ( Rt. 5182), a distance of: 0.06 miles. Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 92, with a wid~ of 70 Ft. And, further, WHEREAS, recorded in Chesterfield WHEREAS, of the Board adopted the the street described the Clerk's Office County; and the Resident Engineer Transportation has advised this :following resolution: below is shown on plats of the Circuit Court of for the Virginia Department Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chanae to the Secondary System of State Hk~hwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: From: To: Alexandria Station Ryanwood Court, State Route Number: 4518 Westfield Rd., ( Rt. 1002) Cul-de-sac, a distance of: 0.04 miles. Addition 01-961 Right-of-way record was filed on 9/3/1999 with the Office Of Clerk To Circuit Court in Pb.106; Pg. 85, with a width of 40 Ft. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.3. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EX~CUT~ AN OPEN-SPACE USE AGREEMENT FOR LAND USE TAXATION OF 20 ACRES OF REAL ESTATE OWNED BY E. V. HOTZ AND J. J. HOTZ TRUSTEES LOCATED ON BRANDERS BRIDGE ROAD_ On motion of Mr. McHale, seconded by Mr. Miller, the Board authorized the County Administrator to execute an Open-Space Use Agreement for Land Use Taxation of 20 acres of real property owned by E. V. Hotz and J. J. Hotz Trustees located at 15001 Branders Bridge Road. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .C.4. ADOPTION OF A RESOLUTION ESTABLISHING TM~ CHESTERFIELD COUNTY INTIMATE PARTNER AND FAMILY VIOLENCE FATALITY REVIEW TEAM On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following resolution: RESOLUTION TO ESTABLISH THE CHESTERFIELD COUNTY INTIMATE PARTNER AND FAMILY VIOLENCE FATALITY REVIEW TEAM FOR THE PURPOSES OF IDENTIFYING AND DESCRIBING TRENDS AND PATTERNS OF DOMESTIC VIOLENCE RELATED DEATHS IN THE COUNTY; INCREASING COORDINATION AND COMMUNICATION BETWEEN AGENCIES PROVIDING SERVICES TO FAMILIES EXPERIENCING DOMESTIC VIOLENCE; AND IDENTIFYING INTERVENTIONS AIMED AT SYSTEM IMPROVEMENTS WHEREAS, family and intimate partner violence has destructive consequences upon individuals and families within our County; and WHEREAS, the General Assembly enacted Section 32.1-283.3 of the Code of Virginia, 1950, as amended, to permit Chesterfield County to establish a family violence fatality review team to examine fatal family violence incidents and to create a body of information to help prevent future family violence fatalities: and WHEREAS, careful examination of family and intimate partner violence fatalities will yield results to help prevent similar tragedies from recurring; and WHEREAS, a thoughtful and nonjudgmental method of evaluating the events that lead to family and intimate partner violence fatalities will create a safer community. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Fatality Review Team will identify gaps in system responses and work to provide increased communication and collaboration amongst the agencies involved. AND, BE IT FURTHER RESOLVED, that the Chesterfield County Fatality Review Team will operate under the assumption that all persons and agencies involved care deeply about preventing violence within the family and operate in good faith, using the best judgment and information available at the time. 12/19/01 01-962 AND, BE IT FURTHER RESOLVED, that the Chesterfield County Fatality Review Team will offer recommendation s to Chesterfield County service providers which benefit our community and improve our public safety. AND, BE IT FURTHER RESOLVED, that Chesterfield County Board of Supervisors will establish an Intimate Partner Family Violence Fatality Review Team and the Team shall establish local rules and procedures to govern the review process. AND, BE IT FURTHER RESOLVED, that the Chesterfield County Intimate Partner Fatality Review Team be established and that the following individuals may serve on the Team pursuant to Section 32.1-283.3 (D) of the Code of Virginia: The Chief Judge of the 12th Judicial Juvenile and Domestic Relations Court, or another Juvenile & Domestic Relations Court Judge designated by the Chief Judge The Commonwealth Attorney of the County of Chesterfield or designee The Sheriff for the County of Chesterfield or designee The Chief Magistrate for the County of Chesterfield or designee The Chief of Police for the County of Chesterfield or designee The Director of Chesterfield 12th Judicial District Court Services Unit or designee The Director of Chesterfield-Colonial Heights Community Corrections Services or designee The Director of Chesterfield Community Services Board or designee The Director of Chesterfield Victim Witness Assistance Program or designee The Director of Chesterfield - Colonial Heights Health Department or designee The director of the Chesterfield-Colonial Heights Department of Social Services or designee The coordinator of the Chesterfield County Domestic Violence Resource Center The Chesterfield County Criminal Justice Planner A representative from a local Batterer Intervention Program The Director of the YWCA or designee Other disciplines/members may serve on the team at the discretion of the team. AND, BE IT FURTHER RESOLVED, that this action provide that the Chesterfield County Domestic Violence Resource Center will serve as staff support for the Fatality Review Team and shall work with a core team of County domestic violence and criminal justice staff to support the organization and maintenance of the Fatality Review Team. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. ~,C,5. APPR0VA~ OF A UTILITY CONTRACT FOR BRIDL~WOOD FOREST OFF$ITE SEWER On motion of Mr. McHale, seconded by Mr. Miller, the Board approved the following utility contract for Bridlewood Forest Offsite Sewer - Contract Number 01-0074, which includes 332 L.F. of eight-inch wastewater lines, and authorized the County Administrator to execute any necessary documents. Developer: Contractor: Contract Amount: Providence Investments, LC RMC Contractors, Inc. Estimated County Cost for Offsite $5,801.10 Estimated Developer Cost $1,380.90 Estimated Total $7,182.00 01-963 z2/19/Ol Code: District: (Refunds thru Connections - Offsite) Clover Hill 5N-572VO-E4D Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.6. REOUEST TO OUiTCLAiM A PORTION OF A VARIABLE WIDTH STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF BERMIIDA CROSSROADS MARKETPLACE, L.C, On motion of Mr. McHale, seconded by Mr. Miller, 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 variable width SWM/BMP easement across the property of Bermuda Crossroads Marketplace, L.C. (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.7. ACCEPTANCE OF PARCELS OF LAND_ 8.C.7.a. ALONG THE WEST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY FROM BERMUDA CROSSROADS MARKETPLACE, L.C. On motion of Mr. McHale, seconded by Mr. Miller, the Board accepted the conveyance of two parcels of land containing a total of 0.55 acres along the west right of way line of Jefferson Davis Highway (US Route 1 and 301) from Bermuda Crossroads Marketplace, L.C., and authorized the County Administrator to execute the necessary deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .C.7 .b. FOR KINGSLAND GLEN DRIVE AND IMPROVEMENTS TO COGBILL ROAD FROM ALICE M. RUDOLPH T/A RUDOL~ CONSTRUCTION COMPANY On motion of Mr. McHale, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing 6.877 acres for Kingsland Glen Drive and improvements to Cogbill Road (State Route 638) from Alice M. Rudolph t/a Rudolph Construction Company, 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, Miller, Barber, McHale and Warren. Nays: None. $,C.7.c. ALONG THE SOUTH RIGHT OF WAY LINE OF RUFFIN MILT. ROAD FROM R.L.R. INVESTMENTS, LLC On motion of Mr. McHale, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing 0.35 acres along the south right of way line of Ruffin Mill Road from R.L.R. Investments, LLC, 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, Miller, Barber, McHale and Warren. Nays: None. 01-964 8oCo7 ALONG THE SOUTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM SENIARK, L.L.¢, On motion of Mr. McHale, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing 0.244 acres along the south right of way line of Hull Street Road (US Route 360) from Seniark, L.L.C., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.8. REQUESTS FOR pERMISSION 8.C.8.a. FROM VERIZON VIRGINIA IN¢ORPORATED 8.C.8.a.1. TO INSTALL UNDERGROUND CABLE ACROSS AIRFIELD DRIVE On motion of Mr. McHale, seconded by Mr. Miller, the Board approved a request from Verizon Virginia Incorporated to install underground cable across Airfield Drive to provide service to the FBO hanger at Chesterfield County Airport, 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,8,a,2, FOR UNDERGROUND CABLE TO ENCROACH WITHIN A COUNTY RIGHT OF WAY KNOWN AS MILL VIEW DRIVE On motion of Mr. McHale, seconded by Mr. Miller, the Board approved a request from Verizon Virginia Incorporated for underground cable to encroach within a county right of way known as Mill View Drive to provide service to Old Hundred Mill, Sections B and D, subject to the execution of a license agreement. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.8.b. FROM CHRISTIAN BERRY TO INSTALL A PRIVATE WATER SERVICE WITHIN A pRIVATE EASEMENT TO SERVE PROPERTY ONHARROW~ATE ROAD On motion of Mr. McHale, seconded by Mr. Miller, the Board approved a request from Christian Berry to install a private water service within a private easement to serve property at 16820 Harrowgate Road 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. 01-965 12/19/01 8,C,8,~. FROM AMBERLEIGH, L.L.C. TO INSTALL PRIVATE SEWER A~D WATER SERVICES WITHIN PRIVATE EASEMENTS TO SERVE TOWNHOUSES IN AMBERLEIGH, SECTION i On motion of Mr. McHale, seconded by Mr. Miller, the Board approved a request from Amberleigh, L.L.C. to install private sewer and water services within private easements to serve townhouses in Amberleigh, Section 1 and authorized the County Administrator to execute the sewer and 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. 8.C.8.d. FROM KEVIN L. NUTE AND ELIZABETH A. NUTE, AND HARRY R. GiLL AND KIMBERLEI C. GILL FOR A PRIVATE CONCRETE DRAINAGE PIPE TO ENCROACH WITHIN A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS LOTS 24 AND 25, CLUB CREST, SECTION 2 On motion of Mr. McHale, seconded by Mr. Miller, the Board approved a request from Kevin L. Nute and Elizabeth A. Nute, and Harry R. Gill and Kimberlei C. Gill for a private concrete drainage pipe to encroach within a 16-foot drainage easement across Lots 24 and 25, Club Crest, Section 2, subject to the execution of a license agreement. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.8.e. FROM CAROL L. KELLEY FOR A FENCE TO ENCROACH WiTWI~ AN EIGHT FOOT EASEMENT ACROSS LOT 34, BLOCK M, GREAT OAKS, SECTION ~ On motion of Mr. McHale, seconded by Mr. Miller, the Board approved a request from Carol L. Kelley for a fence to encroach within an eight-foot easement across Lot 34, Block M, Great Oaks, Section 6, 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.9. CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INCORPORATED TO INSTALL UNDERGROUND CABLE TO PROVIDE SERVICE TO THE FBO HANGAR AT THE Cw~STERFIELD COUNTY AIRPORT On motion of Mr. McHale, seconded by Mr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Incorporated to install underground cable to provide service to the FBO hanger at Chesterfield County Airport, 7421 Airfield Drive. (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. 12/19/01 01-966 8.0,10. REFER TO T~m. PLANNING COMMISSION A PROPOSED Z0NINC ORDINANCE AMENDmeNT CONCERNING ADULT DAY CARE WITHIN HOMES On motion of Mr. McHale, seconded by Mr. Miller, the Board referred to the Planning Commission a proposed zoning ordinance amendment concerning adult day care within homes. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.11, APPROVE AN INCREASE IN THE SCQpE OF WORK AND TRANSFER OF FUNDS FOR FENCING IMPROVEMENTS AT CHALKLEY ELEMENTARy SCHQQL ATHLETIC CQMpL~w On motion of Mr. McHale, seconded by Mr. Miller, the Board authorized a change in the scope of work and transferred $10,000 from the Parks Drainage Improvements Project Account to the Chalkley Restroom Concession Project for fencing improvements at Chalkley Elementary .School Athletic Complex. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.12. TRANSFER OF DISTRICT IMPROVEMRNT FUNDS FROM THE BERMUDA DISTRICT IMPROVEMENT FUND 8.C.12 .a. TO THE PARKS AND RECREATION DEPARTMENT FOR THE JAMES RIVER pARADE OF LIGHTS EVENT On motion of Mr. McHale, seconded by Mr. Miller, the Board transferred $625 from the Bermuda District Improvement Fund to the Parks and Recreation Department to defray the costs incurred from the James River Parade of Lights event. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.12 .b. TO THE SCHOOL BOARD TO PURCHASE BAND INSTRUMENTS FOR THOMAS DALE HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Miller, the Board transferred $4,000 from the Bermuda District Improvement Fund to the School Board to purchase band instruments for Thomas Dale High School. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,C,13, CONFIRMATION OF ACTION BY COUNTY ADMINISTRATOR TO AMEND THE MILITARY LEAVE ADMINISTRATIVE PROCEDURE TQ pAY ACTIVE DUTY EMPLOYEES THE DIFFERENCE BETWEEN THEIR MILITARY PAY AND THEIR COUNTY PAY FROM JANUARY 1, 2002 THROUGH MARCH 31, 2002 On motion of Mr. McHale, seconded by Mr. Miller, the Board confirmed the action of the County Administrator to amend the Military Leave Administrative Procedure to pay active duty employees the difference between their military pay and their county pay from January 1, 2002 through March 31, 2002. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-967 $,C.15. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO PREPARE AN INFORMATIONAL LETTER R~LATIVE TO POTENTIAL LEGISLATION TO GIVE BY-RIGHT PLACEMENT TO MANUFACTURED HOUSING IN ANY RESIDENTIALLY ZONED D~STRICT AND TO PREPARE A RESOLUTION OPPOSING THE POTENTIAL LEGISLATION On motion of Mr. McHale, seconded by Mr. Miller, the Board authorized the County Administrator 1) to prepare a letter to be sent to community associations and other organizations informing them of potential legislation to give by-right placement of manufactured housing in any residentially zoned district; and 2) to prepare a resolution opposing the potential legislation for the Board's consideration on January 9, 2002. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. The following item was removed from the Consent Agenda for Board discussion: 8,C,14, AMENDMENT TO 2001 HOLIDAY SCHEDULE Mrs. Humphrey stated that she feels county employees should receive Monday, December 31, 2001 as a holiday in addition to New Year's Day. Mr. Barber stated the action is consistent with the state's holiday schedule. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Warren, the Board amended the 2001 Holiday Schedule to include December 31, 2001 as a holiday for county employees. 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 Mr. Warren, 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: ADDITIONS LENGTH DUCKRIDGE BOULEVARD @ THE LAKES ACCESS RQAD (Effective 11/16/01) Duckbridge Boulevard (Route 3814) - From Hull Street Road (Route 360) 0.42 Mile East of Woodlake Parkway (Route 3600) to Cul-de-sac 0.O9 Mi 12/19/01 01-968 LAKE RIDGE DRIVE RURAL ADDITION (100% RAF) Lake Ridge Drive (Route 943) - From Route 891 to 0.061 Mile West of Route 891 SAVANNAH TRACE. SECTION (Effective 11/9/01) Gateline Drive (Route 3028) - From Steven Hill Drive (Route 3898) to .04 Mile South of Steven Hill Drive (Route 3898) Ironside Drive (Route 3032) - From Steven Hill Drive (Route 3898) to .07 Mile South of Steven Hill Drive (Route 3898) Ruddy Creek Drive (Route 4474) - From Steven Hill Drive (Route 3898) to Bryanbell Drive (Route 3031) Steven Hill Drive (Route 3898) - From Ironside Drive (Route 3032) to Turnaway Lane (Route 3030) Steven Hill Drive (Route 3898) - From Turnaway Lane (Route 3030) to .07 Mile West of Turnaway Lane (Route 3030) Steven Hill Drive (Route 3898) - From Ruddy Creek Drive (Route 4474) to .02 Mile East of Ruddy Creek Drive (Route 4474) Steven Hill Drive (Route 3898) - From Gateline Drive (Route 3028) to Ironside Drive (Route 3032) Steven Hill Drive (Route 3898) - From Ruddy Creek Drive (Route 4474) to Gateline Drive (Route 3028) Turnaway Lane (Route 3030) - From Steven Hill Drive (Route 3898) to .03 Mile South of Steven Hill Drive (Route 3898) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 0.06 Mi 0.04 Mi 0.07 Mi 0.11 Mi 0.07 Mi 0.07 Mi 0.02 Mi 0.10 Mi 0.O8 Mi O.03 Mi 11. CLOSED SESSION PURSUANT TO SECTIQN 2,2-3711(A) (1) QF THE CODE OF VIRGINIA, 1950, AS AMENDED, RELATIN~ TO T~ PERFORMANCE QF A SPECIFIC APPQINTEE OF THE BQARD On motion of Mr. McHale, seconded by Mr. Warren, the Board went into a Closed Session pursuant to Section 2.2-3711(A) (1) of the Code of Virginia, 1950, as amended, relating to the performance of a specific appointee of the Board. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following resolution: 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 01-969 i2/19/0i 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. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Warren: Aye. Mr. Barber: Aye. Mr. Miller: Aye. Mrs. Humphrey: Aye. 12. DINNER On motion of Mr. Barber, seconded by Mr. Miller, the Board recessed to the Administration Building, Room 502 for dinner. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 13. iNVOCATION Reverend Ken Cornett, Pastor of Midlothian Baptist Church gave the invocation. 14. PLEDGE OF ALLEGIANCE TO T~m FLAG OF THE UNITED STATES Eagle Scout Michael Sprayberry led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS 15 .B. RECOGNIZING DAVID EDWAR~ NEWILL-SMITH FOR HIS AS A MUSICAL COMPOSER Mr. Kappel introduced Master David Newill-Smith who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, David Edward Newill-Smith attends fourth grade at Swift Creek Elementary School's center-based gifted program; and WHEREAS, David is especially interested in math and science; and 01-970 12/19/01 WHEREAS, in his spare time, David enjoys playing travel soccer; and WHEREAS, David also plays piano and composes original songs; and WHEREAS, while he was in kindergarten, David wrote a song that earned Honorable Mention in a state competition; and WHEREAS, in both first and second grade, David composed songs that earned first-place awards at the Virginia state level; and WHEREAS, his recent composition, ~'Spirit of America," earned first-place in a competition at his school and is a candidate for other awards; and WHEREAS, "Spirit of America" was written for the PTA ~'Reflections" Arts and Education program; and WHEREAS, Chesterfield County is fortunate to have such a talented young student and composer as one of its residents. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes David Edward Newill- Smith for his patriotism and artistic talent in the field of musical composition, and wishes him continued success in his academic and musical endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to David and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHaie and Warren. Nays: None. Mr. Warren presented the executed resolution to Master Newill- Smith, accompanied by members of his family, commended him for his talent as a musical composer and wished him well in future endeavors. Master Newill-Smith, accompanied by his mother Laurie Newill on the keyboard, provided a rendition of '~Spirit of America." RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 15,A,1, MICHAEL A, SPRAyBERRY, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Michael Sprayberry 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 ~HEREAS, 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, 12/19/01 01-971 being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Michael A. Sprayberry, Troop 879, sponsored by Saint Mark's 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, Michael 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. Michael A. Sprayberry 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. Sprayberry, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Sprayberry expressed appreciation to his family, members of his troop and church for their support. 15.A.2. GABRIEL L. AURIOLES. ~ATOACA DISTRICT Mr. Hammer introduced Mr. Gabriel Aurioles 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. Gabriel L. Aurioles, Troop 860, 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 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, Gabriel has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. 12/19/01 01-972 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Gabriel L. Aurioles 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. Aurioles, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Aurioles expressed appreciation to his family and friends for their support. 15.A.3. DANIEL BRUCE JACK, MATOACA DISTRICT Mr. Hammer introduced Mr. Daniel Janek 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. Daniel Bruce Janek, Troop 860, 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 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, Daniel 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. Daniel Bruce Janek 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. Janek, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Janek expressed appreciation to the Board for the recognition and also to his family, friends and church for their support. 12/19/0i 01-973 15.A.4. JEREMY SCOTT WEINER. MATOACA DISTRICT Mr. Hammer introduced Mr. Jeremy Weiner 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. Jeremy Scott Weiner, Troop 860, 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 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, Jeremy 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. Jeremy Scott Weiner 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. Weiner, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Weiner expressed appreciation to his family and members of his troop for their support. 16. REOUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED QN THE CONSENT AGENDA TO BE ~ARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMmNDATIONAND THERE IS NO OPPOSITION - CASES WHERE T~F APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILT, BE HEARD AT SECTION 15 (Amended) In Matoaca Magisterial District, DUVAL INVESTMENTS, INC. requests Conditional Use Planned Development and amendment of 01-974 zoning district map to permit exceptions to Zoning Ordinance requirements in an Agricultural (A) District. Residential use of up to 1.0 unit per acre is permitted in an Agricultural (A) 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, because the Planning Commission deferred consideration of Case 01SN0201, staff is requesting that the Board remove the case from its agenda so that it will revert to the Planning Commission and direct staff to place the case on the Board's agenda after the Planning Commission has acted upon the case. Mr. Andy Scherzer requested that the Board remove the case from its agenda. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board removed Case 01SN0201 from its agenda thereby reverting it to the Planning Commission and directed staff to place it on the Board's agenda after the Planning Commission has acted upon it. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 02SN0109 In Midlothian Magisterial District, TASCON GROUP, INC. requests 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 planned transition area,. This request lies on 34.5 acres fronting approximately 910 feet on the west line of Le Gordon Drive, approximately 710 feet south of Midlothian Turnpike, also lying at the eastern terminus of Aldengate Road. Tax IDs 724-706-8093 and 725-707-2669 (Sheet 5). Mr. Jacobson stated that, because the Planning Commission deferred consideration of Case 02SN0109, staff is requesting that the Board remove the case from its agenda so that it will revert to the Planning Commission and direct staff to place the case on the Board's agenda after the Planning Commission has acted upon the case. Mr. Barber stated that, because no action would be taken by the Board, the applicant has indicated that there would be no representation at the meeting. No one came forward to speak to the request. On motion of Mr. Barber, seconded by Mr. Miller, the Board removed Case 02SN0109 from its agenda thereby reverting it to the Planning Commission and directed staff to place it on the Board's agenda after the Planning Commission has acted upon it. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-975 12/19/01 02SN0141 In Matoaca Magisterial District, BAYHILL DEVELOPMENT CORP. requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less. This request lies on 23.0 acres fronting approximately 165 feet on the east line of Otterdale Road, approximately 500 feet north of Broadmoor Road. Tax ID 711- 681-Part of 1949 (Sheets 9 and 15). Mr. Jacobson presented a summary of Case 02SN0141 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. Mr. Richard Minter, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 02SN0141 and accepted the following proffered conditions: The public water and wastewater systems shall be used. (u) o The applicant, subdivider, or assignee(s) shall pay the following for dwelling units developed to the County of Chesterfield prior to the issuance of building permit for infrastructure improvements within the service district for the property: a o $7800 per dwelling unit, if paid prior to July 1, 2002; or The amount approved by the Board of Supervisors not to exceed $7800 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building cost Index between July 1, 2001, and July 1 of the fiscal year in which the payment is made after June 30, 2002. 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. (B&M) 3. Density shall not exceed two (2) units per acre. (P) o In conjunction with recordation of the initial subdivision plat, forty-five (45) feet of right-of-way on the west side of Otterdale Road, measured from the centerline of that part of Otterdale Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Otterdale Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) To provide an adequate roadway system, the developer shall be responsible for the following: 12/19/01 01-976 a o Construction of additional pavement along the Otterdale Road at the approved access to provide left and right turn lanes, based on Transportation Department standards; Relocation of the ditch to provide an adequate shoulder along the east side of Otterdale Road for the entire property frontage; and C · Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) Prior to any construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6, shall be submitted to and approved by the Transportation Department. (T) Ail residential lots having sole access to Beckenham Subdivision shall have an average area of not less than 51,130 square feet. Such development shall not exceed a density of .77 lots per acre. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 02SN0151 In Matoaca Magisterial District, RIVERSTONE PROPERTIES, LLC requests an amendment to Conditional Use Planned Development (Case 88SN0059) and amendment of zoning district map to permit Corporate Office (0-2) uses. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office/residential mixed use. This request lies in a Residential (R-7) District on 21.5 acres fronting approximately 850 feet on the southwest line of Charter Colony Parkway, approximately 2,300 feet northwest of Center Pointe Parkway. Tax ID 725-697-Part of 3610 (Sheet 9). Mr. Jacobson presented a summary of case 02SN0151 and stated that the Planning Commission and staff recommend approval subject to one condition. He noted that the request conforms to the RQU~ 288 Corridor Plan. Mr. Mike Waddell, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 02SN0151 subject to the following condition: The amended Textual Statement, Item II, as attached to this report, shall be considered the amended plan of development for Parcel 7. (P) (Note: Ail other conditions of Case 88SN0059 shall remain applicable.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-977 12/19/01 17. PUBLIC HEARINGS 17,A. TO ~QN$ID~R A~ENDMENTS TO THE ZONING ORDINANCE RELATING TO THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE/BUILDING OFFICIALS AND CODE ADMINISTRATION CODE REGULATED USES Mr. Kirk Turner, Development Manager, stated that this date and time has been advertised for a public hearing to consider an ordinance relating to high hazard uses. He further stated that because the Building Code has been amended to thoroughly regulate high hazard uses, the restrictions in the zoning ordinance are no longer necessary. When asked, Mr. Turner stated that no concerns were expressed at the Planning Commission meeting relative to the proposed amendments. No one came forward to speak to the ordinance. On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-135, 19-142, 19-149, 19-151, 19-156, 19-158, 19-172, 19-177, 19-185, 19-187, 19-192 and 19-197 RELATING TO HIGH HAZARD USES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-135, 19-142, 19-149, 19-151, 19-156, 19-158, 19-172, 19-177, 19-185, 19-187, 19-192 and 19-197 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-135. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the 0-1 District. o o o Sec. 19-142. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the 0-2 District. o o o Sec. 19-149. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the C-1 District: o o o Sec. 19-151. Permitted uses by right. Within any C-2 District, no buildings, structures or premises shall be used or arranged or designed to be used except for one or more of the following uses: 01-978 12/19/01 (a) Any permitted use in the C-1 District. (b) Antique shops, not to include pawnbrokers, and outdoor flea markets and secondhand consignment stores. (c) Appliance stores. (d) Art schools, galleries or museums. (e) Artist material and supply stores. (f) Bicycle sales and rentals. (g) Catering establishments. (h) Churches and/or Sunday schools. (i) Clothing stores. (j) Communication studios, offices and exclusive of towers. (k) Curio or gift shops. (1) Department stores. (m) Eyewear sales and services. (n) Funeral homes or mortuaries. (o) Furniture stores. (p) Health clubs. (q) Hobby stores. (r) Jewelry stores. (s) Libraries. (t) Locksmith operations. (u) Meat or seafood markets. (v) Medical facilities or clinics. (w) Medical and dental laboratories. (x) Messenger or telegraph services. (y) Motor vehicle accessory stores. (z) Musical instrument stores. indoor and stat ions, (aa) Office supply stores. (bb) Paint and wallpaper stores. (cc) Pet shops, including pet grooming. (dd) Photography studios. (ee) Post offices and mailing services. (ff) Radio, television and other home entertainment, sales and services. (gg) Rental of health and party equipment; and small home hardware, tools and equipment. (hh) Rest, convalescent or nursing homes and other group care facilities. (ii) Restaurants, to include carry-out restaurants, but not fast-food restaurants. (jj) Schools--music, dance and business. (kk) Sewing machine sales, instruction and services. (11) Sporting goods sales. (mm) Telephone exchanges. (nn) Toy stores. (oo) Veterinary clinics. o o o Sec. 19-156. Required conditions. In addition to the other requirements of this chapter, the following conditions shall be met in the C-2 District: o o o Sec. 19-158. Permitted uses by right. Within any C-3 District, no buildings, structures or premises shall be used or arranged or designed to be used except for one or more of the following uses: (a) Any permitted use in the C-2 District. (b) Carpenter and cabinetmakers' offices rooms. (c) Cocktail lounges and nightclubs. and display 12/19/0 01-979 (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (o) (P (q (r (s (t (u (v) (w) Contractors' offices and display rooms. Electrical, plumbing or heating supply sales, service and related display rooms. Feed, seed and ice sales. Fraternal uses. Greenhouses or nurseries. Home centers. Hospitals. Hotels. Indoor flea markets. Liquor stores. Motor vehicle washes. Park and ride lots. Recreational establishments, commercial-indoor. Repair services, excluding motor vehicle repair. Restaurants, to include carry-out. Schools--commercial, trade, vocational and training. Secondhand and consignment stores, excluding motor vehicle consignment lots. Taxidermies. Theaters, except drive-in theaters. Veterinary hospitals and/or commercial kennels. o o o Sec. 19-172. Permitted uses by right. Within any C-5 District, no buildings, structures or premises shall be used, arranged or designed to be used, except for one or more of the following uses: (a) (b) (c) (d) (e) (f) (g) Any permitted uses in the C-3 District. Any permitted uses in the I-1 District. Commercial automobile parking. Mass transportation. Motor vehicle sales, service, repair and rental, excluding motor vehicle consignment lots. Recreational establishments, commercial--indoor. Wholesale trade of any products permitted to be sold at retail in this district. In addition to the above uses, within a C-5 District, which is located outside of the boundaries of the Eastern Midlothian Turnpike Corridor, no buildings, structures or premises shall be used, arranged or designed to be used, except for one or more of the following uses: (h) Drive-in theaters. (i) Truck terminals. o o o Sec. 19-177. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the C-5 District. o o o Sec. 19-185. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the I-1 District. o o o 12/19/01 01-980 (b) The uses permitted in this district shall be those uses which are dependent upon raw materials first processed elsewhere. (c) In addition to any other requirement of this chapter, and except where adjacent to a railroad, the uses permitted in this district, plus any accessory uses, shall be located at least 100 feet from any A, R, R-TH or R-MF District, subject to section 19-223. (d) Loading areas shall be oriented away from any existing R, R-TH or R-MF District or property currently zoned agricultural and shown on the comprehensive plan for residential use. o o o Sec. 19-187. Permitted uses by rig[hr. Within any I-2 District, no buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: o o o (bb) Tire recapping and vulcanizing establishments. (cc) Tobacco products manufacturing. (dd) Tool and equipment rental. (ee) Tractor-trailer service stations. (ff) Truck terminals. (gg) Utility trailer and truck rental. (hh) Water and wastewater treatment plants. Sec. 19-192. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the I-2 District. o o o (b) In addition to any other requirement of this chapter, and except where adjacent to a railroad, the uses permitted in this district, plus any accessory uses, shall be located at least 200 feet from any A, R, R-TH or R-MF District, subject to section 19-223. o o o Sec. 19-197. Conditional uses. The following uses may be allowed by conditional use in the I-3 District, subject to the provisions of section 19-13: o o o (k) Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these 12/19/0 01-981 considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17 .B. TO CONSIDER AMENDMENTS TO THE ORDINANCE RELATING TO THE NOTIFICATION OF ZONIN~ F~ATTER$ Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider an ordinance relating to the notification of zoning matters. He further stated that the proposed ordinance addresses the minimum time period between advertisement of public notices and conforms to a change in state law. No one came forward to speak to the ordinance. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-26 RELATING TO HEARINGS, NOTIFICATION AND POSTING OF PROPERTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-26 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-26. Hearings; notification and posting of property. (a) The adoption of any comprehensive plan, zoning district map or ordinance or amendment thereto; any request for zoning approval; appeal of a decision by the planning director or other administrative officer to the board of zoning appeals; application for interpretation of the district map to the board of zoning appeals; or application for creation of a historic district, or the designation of landmark and landmark sites shall be advertised by reference, giving a descriptive summary of the proposed action and the place or places within the county where copies of the proposed action may be examined. In the case of proposed action which involves an amendment to the zoning district map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density, if any, set forth in the applicable part of the comprehensive plan. None of the above-referenced actions shall be acted upon until notice of the intention to do so has been published once a week for two successive weeks in a newspaper published or having general circulation in the county. Such notices shall specify the time and place of hearing at which persons affected may appear and present their views, and such hearing shall be held not less than five days nor more than 21 days after final publication. o o o 01-9s2 2/19/01 (2) That this ordinance immediately upon adoption. shall become effective Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17.C, TQ CONSIDER THE FOLLOWING TAX EXEMPTION REQUESTS (1) AFFORDABLE RESIDENCES IN CHESTERFIELD - ROCKWOOD VILLAGE; (2) AFFORDABLE RESIDENCES IN C~STERFIELD II - MARY TYLER MCCLENAHAN CHILD CARE CENTER; (3) THE KIWANIS CLUB OF CHESTER, IN¢0RPQRATED FOUNDATION; AND (4) FIRST TEE CHESTERFIELD Mr. Micas stated that this date and time has been advertised for a public hearing to consider tax exemption requests for Affordable Residences in Chesterfield - Rockwood Village; Affordable Residences in Chesterfield II - Mary Tyler McClenahan Child Care Center; The Kiwanis Club of Chester, Incorporated Foundation; and First Tee Chesterfield. He further stated that state law allows certain qualifying nonprofit uses to request exemption from local real estate and personal property taxes. He stated that the after a public hearing has been held and the local governing body recommends tax exemption, then the General Assembly can grant specific tax exemptions during its next session for certain qualifying nonprofit uses. He further stated that the Board adopted a tax exemption policy on September 26, 2001 which would limit any real estate tax exemption request to a maximum of $5,000 and place no limit on requests for personal property tax exemption at the local level. He presented photographs of the properties being requested for real estate tax exemption. He then presented a photograph of personal property being requested for exemption by First Tee Chesterfield. He requested that the Board make separate motions for each request and noted that the ultimate decision on the exemptions will be made by the General Assembly in 2002. Mr. Wes Swope, General Manager of First Tee Chesterfield, requested the Board's support of First Tee's request for personal property tax exemption so tlhat the facility will not have to increase fees for consumers. Mr. Wade Vidal, accompanied by his son Logan, requested that the Board approve the tax exemption request of First Tee Chesterfield. Master Logan Vidal stated that First Tee is less expensive than any other facility in the County. There being no one else to speak to the issue, the public hearing was closed. Mr. Micas clarified that tax exemption requests approved by the General Assembly will continue indefinitely. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved the real estate tax exemption request of Affordable Residences in Chesterfield for a parcel in Rockwood Village (Tax ID 748-683-1457-00001) by adopting the following resolution: RESOLUTION SUPPORTING THE DESI~TION OF PROPERTY OF AFFORDABLE RESIDENCES IN CHESTERFIELD AS EXEMPT FROM TAXATION BY THE GENERAL ASSEMBLY OF VIRGINIA WHEREAS, Affordable Residences in Chesterfield is a non- stock, non-profit corporation which provides housing for low income Chesterfield senior citizens; and WHEREAS, Affordable Residences in Chesterfield owns real property located in the Matoaca Magisterial District of Chesterfield County, Virginia at Genito Road and Price Club Boulevard identified by the County as Tax ID 748-683-1457- 00001; and WHEREAS, real property used exclusively for charitable 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 Affordable Residences in Chesterfield as follows: 1. Affordable Residences in Chesterfield 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 Affordable Residences in Chesterfield for use on the organization's property. 3. No director or officer of Affordable Residences in Chesterfield 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 Affordable Residences in Chesterfield inures to the benefit of any individual. 5. Affordable Residences in Chesterfield provides services for the common good of the public. 6. No part of the activities of Affordable Residences in Chesterfield 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. Affordable Residences in Chesterfield 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 tax parcel is assessed at a value of $426,963 and would generate $5,000 in County real estate tax. THEREFORE, be it resolved by the Board of Supervisors of Chesterfield County as follows: 1. That this Board supports the request of Affordable Residences in Chesterfield for exemption from taxation of its real property represented by Chesterfield County tax parcel identified as Tax ID 748-683-1457-00001 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 Qf Virginia, 1950, as amended, and that such exemption should be categorized as charitable. 2. That this Board expressly opposes the exemption from taxation of any other real owned by Affordable Residences in Chesterfield other than the tax parcel identified in the previous paragraph. 01-9s4 12/19/01 3. That this resolution becomes null and void if the General Assembly proposes or adopts a greater tax exemption than the property identified in paragraph 1. 4. That the County Administrator is directed to forward a certified copy of this resolution to Affordable Residences in Chesterfield, so that they may request that legislation be introduced in the 2002 General Assembly to achieve the purposes of this resolution. 5. The effective date of t[~is resolution shall be December 19, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the tax exemption request of The Kiwanis Club of Chester, Incorporated Foundation for a .323 acre parcel at Gill and Railroad Streets by adopting the following resolution: RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF KIWANIS CLUB OF CHESTER, INC. FOUNDATION AS EXEMPT FROM TAXATION BY THE GENERAL ASSEMBLY OF VIRGINIA WHEREAS, Kiwanis Club of Chester, Inc. Foundation is a non-stock, non-profit corporation which provides services for under privileged citizens of the County, as well as scholarships to graduation high school seniors; and WHEREAS, Kiwanis Club of Chester, Inc. Foundation owns real property located in the Bermuda Magisterial District of Chesterfield County, Virginia at 4001 Gill Street; and WHEREAS, real property used exclusively for park and playground 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 Kiwanis Club of Chester, Inc. Foundation as follows: 1. Kiwanis Club of Chester, Enc. Foundation 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 Kiwanis Club of Chester, Inc. Foundation for use on the organization's property. 3. No director or officer of Kiwanis Club of Chester, Inc. Foundation 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 Kiwanis Club of Chester, Inc. Foundation inures to the benefit of any individual. 5. Kiwanis Club of Chester, Inc. Foundation provides services for the common good of the public. Ol-985 12/19/oz 6. No part of the activities of Kiwanis Club of Chester, Inc. Foundation 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. Kiwanis Club of Chester, Inc. Foundation 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 parcel is assessed at a value of $3,000.00 and would generate $32.40 in County real estate tax. THEREFORE, be it resolved by the Board of Supervisors of Chesterfield County as follows: 1. That this Board supports the request of Kiwanis Club of Chester, Inc. Foundation for exemption from taxation of its real property located at 4001 Gill Street, Chester, Virginia 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 park and playground. 2. That this Board expressly opposes the exemption from taxation of any other real owned by Kiwanis Club of Chester, Inc. Foundation other than the property identified in the previous paragraph. 3. That this resolution becomes null and void if the General Assembly proposes or adopts a greater tax exemption than the property identified in paragraph 1. 4. That the County Administrator is directed to forward a certified copy of this resolution to Kiwanis Club of Chester, Inc. Foundation so that they may request that legislation be introduced in the 2002 General Assembly to achieve the purposes of this resolution. 5. The effective date of this resolution shall be December 19, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. Miller stated that he will not support First Tee Chesterfield's request for personal property tax exemption because the organization competes with other public golf course facilities. He further stated that the County has subsidized the facility and also provided funding for First Tee to meet buffering requirements. After brief discussion, Mrs. Humphrey made a motion, seconded by Mr. Barber, for the Board to approve the personal property tax exemption request of First Tee Chesterfield by adopting the following resolution: RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF FIRST TEE CHESTERFIELD AS EXEMPT FROM TAXATION BY THE GENERAL ASSEMBLY OF VIRGINIA WHEREAS, First Tee Chesterfield is a non-stock, non-profit corporation which provides instruction to children of all economic backgrounds in the game of golf; and WHEREAS, First Tee Chesterfield owns personal property located in the Dale Magisterial District of Chesterfield County, Virginia at its facility operated at Iron Bridge Park in Chesterfield County; and 01-986 12/19/01 WHEREAS, personal property used exclusively for park and playground 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 First Tee Chesterfield as follows: 1. First Tee Chesterfield 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 First Tee Chesterfield for use on the organization's property. 3. No director or officer of First Tee Chesterfield 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 First Tee Chesterfield inures to the benefit of any individual. 5. First Tee Chesterfield provides services for the common good of the public. 6. No part of the activities of First Tee Chesterfield 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. First Tee Chesterfield 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 personal property is assessed at a value of $206,565 and would generate $8,179.97 in County real estate tax. THEREFORE, be it resolved by the Board of Supervisors of Chesterfield County as follows: 1. That this Board supports the request of First Tee Chesterfield for exemption from taxation of its personal 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, ].950, as amended, and that such exemption should be categorized as park and playground. 2. That the County Administrator is directed to forward a certified copy of this resolution to First Tee Chesterfield, so that they may request that legislation be introduced in the 2002 General Assembly to achieve the purposes of this resolution. 3. The effective date of this resolution shall be December 19, 2001. Ayes: Humphrey, Barber, McHale and Warren. Nays: Miller. o -987 12/19/0 On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the real estate tax exemption request of Affordable Residences of Chesterfield II for a 1.62 acre parcel which is the site of the Mary Tyler McClenahan Child Care Center (Tax ID 790-679-7189-00001) by adopting the following resolution: RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF AFFORDABLE RESIDENCES IN CHESTERFIELD, II AS EXEMPT FROM TAXATION BY THE GENERAL ASSEMBLY OF VIRGINIA WHEREAS, Affordable Residences in Chesterfield, II is a non-stock, non-profit corporation which provides affordable, quality, daycare for low income Chesterfield citizens; and WHEREAS, Affordable Residences in Chesterfield owns real property located in the Bermuda Magisterial District of Chesterfield County, Virginia at 2700 Bensley Commons Boulevard identified by the County as Tax ID 790-683-1457-0001; and WHEREAS, real property used exclusively for charitable 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 Affordable Residences in Chesterfield, II as follows: 1. Affordable Residences in Chesterfield, II 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 Affordable Residences in Chesterfield, II for use on the organization's property. 3. No director or officer of Affordable Residences in Chesterfield, II 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 Affordable Residences in Chesterfield, II inures to the benefit of any individual. 5. Affordable Residences in Chesterfield, II provides services for the common good of the public. 6. No part of the activities of Affordable Residences in Chesterfield, II 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. Affordable Residences in Chesterfield, II 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 tax parcel is assessed at a value of $426,963 and would generate $5,000 in County real estate tax. THEREFORE, be it resolved by the Board of Supervisors of Chesterfield County as follows: 01- 88 12/19/01 1. That this Board supports the request of Affordable Residences in Chesterfield, II for exemption from taxation of its real property represented by Chesterfield County tax parcel identified as Tax ID 790-679-7189-00(]01 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 Virqinia, 1950, as amended, and that such exemption should be categorized as charitable. 2. That this Board expressly opposes the exemption from taxation of any other real owned by Affordable Residences in Chesterfield, II other than the tax parcel identified in the previous paragraph. 3. That this resolution becomes null and void if the General Assembly proposes or adopts a greater tax exemption than the property identified in paragraph 1. 4. That the County Administrator is directed to forward a certified copy of this resolution to Affordable Residences in Chesterfield, II, so that they may request that legislation be introduced in the 2002 General Assembly to achieve the purposes of this resolution. 5. The effective date of this resolution shall be December 19, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17 .D. TQ CQN~IDER THE APPROPRIATIQN OF FUNDS FOR COUNTY PURPOSES AND FOR THE HEALTH CENTER COMMISSION FROM FY2001 RESULTS QF OPERATIONS Ms. Dickson stated that this date and time has been advertised for a public hearing to consider the appropriation of $2,045,620 for County purposes and $1,010,000 for the Health Center Commission from FY2001 Results of Operations. Mr. Jim Shepard, member of the Health Center Commission, stated that the $1,010,000 being recommended for appropriation to the Commission will be utilized to reduce accounts payable and increase working capital, thereby enabling the Commission to maintain reasonable financial ratios. He further stated that, as a result of this action, Lucy Corr will receive an unqualified audit report. He stated that the Commission feels a consultants' study could lead to increased financial stability while retaining quality care. He further stated that the Commission is regularly reviewing all programs at Lucy Corr Village and recommends the establishment of an ad-hoc committee that would serve as a link between the Board and the Health Center Commission. He stated that the Commission suggests that a report of the facility's financial status be presented periodically to the Board, and expressed appreciation for the Board's support of Lucy Corr Village. Dr. Betty Hunter-Clapp, member of the Health Center Commission, reviewed the Commission's accomplishments and efforts in the area of fiscal management and stated that she feels Lucy Corr Village deserves the Board's support. There being no one else to speak to the issue, the public hearing was closed. When asked, Mr. Hammer stated that the funding request for Comprehensive Services is to support residential service demands for high-risk children that will exceed the budget. 01-989 12/19/01 When asked, Mr. Ramsey stated that the appropriation for a one cent tax rate decrease for January-June would prepare the FY2002 budget for the loss of revenue should the Board take action in the spring to adopt a lower tax rate. Mr. Barber expressed concerns that the proposed action represents a step towards reducing the tax rate, and further indicated that the Board has not received the information he requested from the School Board relative to the impact of a one cent tax rate decrease upon the School's FY2003 budget. Mr. Ramsey stated that Dr. Cannaday is in the process of preparing the information requested by Mr. Barber. He further stated that at the FY2002 budget public hearing, staff was directed to designate a portion of the fund balance for a .one cent tax rate decrease and also to prepare the FY2003 budget with the one cent decrease. Mr. Barber stated that he is not prepared to make a decision to designate appropriations for a one cent tax decrease at this time. He further stated that he is prepared to make a motion to approve the requested appropriations minus the appropriation for the one cent tax decrease. He noted that this action would not preclude the Board from decreasing the tax rate after its budget public hearing. Mr. Warren stated that he feels Mr. Barber's suggestion represents a prudent approach and indicated that the $242,285 would still remain available in the budget. Mrs. Humphrey stated that she will support the deletion of a one cent tax decrease because of the uncertainties in the state budget. She stated that budgetary problems could be helped if residents would shop in Chesterfield County. Mr. Miller stated that he feels it is also necessary to review expenditures and expressed concerns relative to anticipated funding requests for Lucy Corr Village in FY2003. Mr. Ramsey stated that staff feels with the additional funding being provided to the Health Center Commission and funding from the construction settlement, the Commission should not be requesting any additional funding from the Board within the next year. He further stated that a study is being recommended for the long-term viability of Lucy Corr Village. Mr. McHale stated that he is comfortable in deferring action on appropriating funds to reduce the tax rate, but indicated that he feels taxes collected from the citizens in excess of operating the government should be returned to the citizens before being used for future purposes. Mr. Miller stated that he shares Mr. McHale's concerns and feels it is the Board's responsibility to return a surplus to the taxpayers. He further stated that he feels it is the Board's duty to protect residents of Lucy Corr Village, but also be cognizant of the facility's expenditures. Mr. B&rber made a motion, Seconded by Mr. Miller, for the Board to approve the appropriations requested by staff with the deletion of $242,285 for a one cent tax rate decrease from January-June, 2002. Mrs. Humphrey requested that the Board members provide a list of programs and services that they are willing to forego in order to provide for a one cent tax rate decrease. Mrs. Humphrey then called for a vote on the motion of Mr. Barber~ seconded by Mr. Miller, for the Board to appropriate $1,803,335 from FY2001 Results of Operations for the following 01-990 12/19/01 purposes: $350,000 for partial funding of breathing apparatus for the Fire Department; $500,000 for Police vehicles/cruisers; $90,600 for furniture at Central Library; $50,000 for Bensley Bermuda Rescue Squad; $94,800 for Ettrick Matoaca Rescue Squad; $20,000 for Forest View Rescue Squad; $20,000 for Manchester Rescue Squad; $91,300 for a Quick Response Vehicle; $300,000 for an Environmental Management Program; and $286,635 for Comprehensive Services. And further, the Board appropriated $1,010,000 from FY2001 Results of Operations to the Health Center Commission to support ongoing operations, noting that $60,000 will be withheld in order to retain financial and legal consultants. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. TQ CONSIDER ,AMENDING THE COUNTY CODE TO ALLOW FOR COLLECTION OF EMERGENCY RESPONSE COSTS INCURRED IN RESPONDING TO DRIVING UNDER THE INFLUENCE INCIDENTS Mr. Micas stated that the 2001 General Assembly expanded the ability of local governments to charge the police and emergency medical services (EMS) costs of responding to drunk drivers. He further stated that this date and time has been advertised for a public hearing to consider an ordinance relating to reimbursement of expenses incurred in responding to Driving Under the Influence (DUI) incidents. He stated that the proposed ordinance would allow the County to charge either a flat $100 fee for responding to either accidents or incidents when police or fire/EMS respond to driving under the influence situations or $1,000 based on a minute by minute accounting. When asked, Mr. Micas stated that it is estimated that $330,000 could be generated annually if the ordinance is adopted. Mr. Ramsey stated that he feels the collection rate of the proposed fee will be an issue, and indicated that the ordinance was proposed more as a deterrent than a revenue generator. Discussion ensued relative to the process for collecting the proposed fees. Mrs. Humphrey stated that she feels the Board should designate where the revenue collected will go, indicating that she feels it should be returned to the Police Department or EMS programs, or for educational programs of the Drug and Alcohol Abuse Task Force. Mr. McHale stated that the $1,000 fee could be designated for EMS because they will incur the major costs. He further stated that a portion of the $100 fee could be designated for the Drug and Alcohol Abuse Task Force for education. Mr. Ramsey stated that he anticipates the $100 fee would be a revenue item in the Police Department and the $1,000 would be a revenue item in the Fire Department. He further stated that staff will provide recommendations for the revenue during the budget process. Mr. Barber stated that he feels the proposed ordinance will send a deterrent message to citizens, and indicated that he feels the funds can be designated during the budget process. Mr. Otis Patton stated that he is not an advocate for drunk drivers, but feels the ordinance should apply to anyone who causes an accident -- not just drunk drivers. 01-991 2/ 9/01 There being no one else to speak to the ordinance, the public hearing was closed. Mr. Barber stated that the ordinance only addresses DUI incidents because the General Assembly expanded the County's ability to charge for emergency response costs incurred in DUI incidents only. Mr. Miller stated that he shares Mr. Patron's concerns. He further stated that he looks at the proposed ordinance as a deterrent to drunk driving and feels responsible to support it. Mrs. Humphrey stated that she will support the proposed ordinance. She requested that some of the revenue be earmarked for an educational program during the budget process. On motion of Mr. Barber, 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 ADDING ~D ENACTING ARTICLE V, SECTION 13-71 RELATING TO REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI INCIDENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (i) That Article V, Section 13-71 of the Code of the County of Chesterfield, 1997, as amended, is added and enacted to read as follows: Article V. Reimbursement of Expenses Section 13-71. Reimbursement of Expenses Responding to DUI Incident. Incurred in (a) Any person who is convicted of a violation of Virginia Code Sections 18.2-51.4, 18.2-266, or 29.1-738, or a similar County ordinance, when a person's operation of a motor vehicle, engine, train or water craft while so impaired is the proximate cause of any accident or incident resulting in an appropriate emergency response, shall be liable in a separate civil action to the County or to any volunteer rescue squad, or both, which may provide such an emergency response for the reasonable expenses thereof, in the amount not to exceed $1,000 in the aggregate for a particular accident or incident occurring in the County. (b) In determining the "reasonable expense," the County may bill a flat fee of $100 or a minute-by-minute accounting of the actual costs incurred. As used in this section 'lappropriate emergency response" includes all costs of providing law-enforcement, fire-fighting, rescue, and emergency medical services. (c) The fire department shall compile a report of the expenses of the emergency response for each accident or incident and forward that information to the County Attorney's Office on a monthly basis for appropriate proceedings. (2) That this ordinance shall become effective March 1, 2002 . Ayes: Nays: Humphrey, Miller, Barber, McHale and Warren. None. 01-992 12/19/01 17,F, TO CONSIDER AMENDING THE COUNTY CODE TO INCREASE THE PENALTY FQR UlqLAWFUL PARKING, CLARIFY THE PROVISIONR REGARDING UNLAWFUL PARKING IN HANDICAP ZONES, AND STREAMLINE THE PROCESS FOR CONTESTING PARKING NOTICES Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance relating to unlawful parking. He further stated that the proposed ordinance, which is a result of changes in state law, increases regular parking fines from $15 to $25; expands the prohibition on handicapped parking spaces to stand alone retail locations; and allows the Treasurer to more quickly certify any appeals of parking tickets to the General District Court. No one came forward to speak to the ordinance. On motion of Mr. Miller, seconded by Mrs. Humphrey, 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 13-41 RELATING TO UNLAWFUL PARKING BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (i) That Section 13-41 of the Code of ~he County of Chesterfi$1d, 1997, as amended, is amended and re-enacted to read as follows: Sec. 13-41. Unlawful parking generally. (a) No person shall park a vehicle on county-owned or other public property in violation of any of the provisions of this subsection (a). Any person who receives written notice from a police officer that he has committed any of the offenses listed in this subsection may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays $25.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places $25.00 in the reply mail envelope on which the notice of violation is printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such person shall not thereafter be required to appear before the general district court for trial upon the offense set forth in the notice. Such offenses shall include parking a vehicle: (1 On a sidewalk. (2 In front of a public or private driveway. (3 Within an intersection. (4 Within 15 feet of a fire hydrant or in any way that obstructs a fire hydrant. (5 In a crosswalk. (6 Within 20 feet of a crosswalk at an intersection. (7 Within 30 feet of the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway. (8 Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. (9) Within 50 feet of the nearest rail of a railroad grade crossing. (10) Within 20 feet of the driveway entrance to any 01-993 12/19/01 (20 (21 (22) fire station, or when posted, within 75 feet of the entrance on the side of a street opposite the entrance to any fire station. 11) Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic. 12) On the roadway side of a vehicle parked at the edge or curb of a street. 13) Upon any bridge or other elevated structure on a street or highway or within a tunnel. 14) At any place where official signs prohibit parking. 15) More than 18 inches from the curb in areas where parking is permitted. 16) Within any established fire lane. 17) In a permitted parking space for any period of time over the posted time limit for such parking space. 18) On any county-owned property where such parking is prohibited or violates any county regulation. For the purposes of this paragraph, the county administrator is hereby authorized and directed to adopt regulations that prohibit parking vehicles on county-owned property, to classify vehicles with reference to parking, to designate the time, place and manner in which such vehicles may be allowed to park and to revoke, alter or amend such regulations at any time when, in his opinion, parking conditions require. The chief of police shall enforce such regulations pursuant to the requirements of this section. As agent for the county, the chief of police shall, when appropriate, provide for towing and removing motor vehicles in violation of this subsection pursuant to the authority set forth in Code of Virginia, §§ 46.2-1231--46.2-1233, as amended. 19) On or in any street, alley or parkway for the purpose of selling or offering the vehicle for sale or rent. No sign or lettering shall be attached or placed upon any automobile, truck, trailer or other vehicle parked in or upon any public street, alley or parkway in the county indicating that such vehicle is offered for sale or for rent. It shall also be unlawful to park any vehicle from which any merchandise is being sold on any street in a business district. It also shall be unlawful to stop a vehicle at any time upon the highway for the purpose of advertising any article of any kind, or to display on the vehicle advertisement for any article, including advertising the sale of the vehicle itself. On or alongside the roads, highways and streets of the county or of the state in the county, when such person is parking the vehicle for commercial purposes. The provisions of this paragraph (20) shall not apply to motor vehicle carriers when picking up or delivering passengers or merchandise. Having no current state or county license on any highway when such license is required by law. In a manner that prevents the use of a curb ramp located on public property or on private property which is open to the public. (b) No person shall park a vehicle on private property, including private parking lots open to the public and designated to accommodate more than 50 vehicles, in violation 01-994 12/19/01 of the provisions of this subsection (b). Any person who receives a written notice from a police officer that he has committed any of the offenses listed in this subsection (b) may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays $25.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places $25.00 in the reply mail envelope on which the notice of violation is printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such person shall not thereafter be required to appear before the general district court for trial upon the offense set forth in the notice. Such offenses shall include parking a vehicle: (1) On a sidewalk. (2 In front of a public or private driveway. (3 Within an intersection. (4 Within 15 feet of a fire hydrant or in any way obstructing such fire hydrant. 5In a crosswalk. 6 Within 20 feet of a crosswalk at an intersection. 7 Within 30 feet of the approach to any flashing beacon, stop or traffic-control signal located at the side of a roadway. (8 Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. 9) Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic. 10) On the roadway side of any vehicle parked at the edge or curb of a street. 11) At any place where official signs prohibit parking. 12) In designated travel lanes established for such parking lots. 13)Within any established fire lane. 14) On any private lot or lot area without the express or implied consent of the owner thereof. Wherever signs or markings have been erected on any lot or lot area contiguous or adjacent to a street, thoroughfare or alley which indicate that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to drive a vehicle across any curb or lot line or over any driveway from a street or alley into such lot or area for the purpose of standing or parking such vehicle, or for any person to stop, stand or park any vehicle in such lot or lot area. (15) In such a manner that prevents the use of a curb ramp located on public property or on private property which is open to the public. (c) It shall be unlawful for any person to park a motor vehicle in violation of the provisions of this subsection (c). Any person who receives written notice from a police officer that he has committed the offense set forth in this subsection (c) may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays $100.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places $100.00 in the reply mail envelope on which the notice of violation is printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such pez~son shall not thereafter be required to appear before the general district court for trial upon the offense set forth in such notice. Such offense 01-995 ~2/19/0~ shall include parking a vehicle: In a parking space reserved for the handicapped on public property or at privately owned retail, commercial, office or business parking lots or facilities. The provisions of subsection (c) shall not apply to (i) any handicapped person possessing and properly displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards issued by the state department of motor vehicles under Code of Virginia, § 46.2-731, or any other person transporting a handicapped person displaying such plate or placard; or, (ii) any disabled veteran driving a motor vehicle displaying disabled parking license plates issued under Code of Virginia, § 46.2-739, or any other person transporting a disabled veteran in a motor vehicle displaying such license plates. (d) Whenever a "reply mail" envelope is used for transmitting any cash, check, draft or money order by mail to the county treasurer's office, under the provisions of this section, the registered owner of the vehicle that was parked in violation of this section shall be responsible for ensuring that the cash, check, draft or money order is received by the county treasurer. (e) Any person who receives a notice pursuant to subsection (a), (b) or (c) of this section and who wishes to contest the offense cited in the notice, may, within five days after receipt of the notice, appear at the county treasurer's office to have his case placed on the court docket for trial. The contest of the parking notice shall be certified to the appropriate general district court by the county treasurer's office on an appropriate form. The contest of the parking notice shall be certified by the clerk of the general district court to be placed on the court's docket for trial. (f) Any person who receives a notice pursuant to subsection (a), (b) or (c) of this section, and who fails to comply with subsections (a) through (e) of this section within five days shall be assessed an additional penalty as follows: (1) Failure to comply with notice issued pursuant to subsection (a) or contest citation under subsection (e): $10.00. (2) Failure to comply with notice issued pursuant to subsection (b) or contest citation under subsection (e): $10.00. (3) Failure to comply with notice issued pursuant to subsection (c) or contest citation under subsection (e) : $15.00. In addition, a summons may be issued for such person under Code of Virginia, ~§ 46.2-941 and 46.2-1225, as amended. (Code 1978, § 14.1-14; Ord. of 3-13-96, § 1; Ord. of 8-26-98, § 1) State law reference(s)--Basis of this section, Code of Virginia, §§ 46.2-1220, 46.2-1221, 46.2-1224, 46.2-1225, 46.2-1237, 46.2-1239, 46.2-1306 (2) That this ordinance shall become effective on March 1, 2002. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17,~. TO REVISE F¥2002 SCHOOL BOARD ~RA~ Ms. Dickson stated that this date and time has been advertised for a public hearing to consider increasing estimated revenues 01-996 12/19/01 and appropriations in the School Grants Fund by $1,887,347. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board increased estimated revenues and appropriations in the School Grants Fund by $1,887,347 as outlined in the papers of this Board. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17,H, TO CONSIDER AMENDING THE CQUNTY CODE TO INCLUDE BACKGROUND CHECKS FOR PARKS AND RECREATION MAINTENANCE CREWS Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance relating to criminal history searches on employees who provide maintenance services at county schools. No one came forward to speak to the ordinance. On motion of Mr. Miller, 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 SECTION 2-79 RELATING TO CRIMINAL HISTORY SEARCHES ON EMPLOYEES WHO PROVIDE MAINTENANCE SERVICES AT COUNTY SCHOOLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Code of the County of Chesterfield, 1997, as amended, is amended by re-enacting section 2-79 as follows: Section 2-79. Personnel background searches. (a) In addition to other background searches authorized by local, state or federal law, the county administrator and his designees are authorized to conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches and (3) child protective services central registry searches on full-time and part-time county employees who provide services to juveniles or who provide maintenance services at county schools, and applicants for county employment, both full-time and part-time, who will hold such positions and who have received a conditional offer of employment. (b) In addition to other background searches authorized by local, state or federal law, the county administrator and his designees are authorized to conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches on volunteers for county departments who will provide services to juveniles, and volunteer rescue squads. (c) The county administrator is authorized to identify employee and volunteer positions which meet the criteria of subsection (a) and (b) and to incorporate such list into an administrative policy which implements the provisions of this section. Such administrative policy shall indicate whether such searches shall be universal or random and shall identify consequences for past behavior. 01-997 12/19/01 (d) Ail employees, volunteers and applicants identified in subsections (a) (b) or (c) shall execute, as a condition of employment or service, the necessary documents to permit the searches described in this section and shall cooperate with all agencies providing information. (e) Any employee disciplined as a result of a background search may grieve such discipline in accordance with the county grievance procedure. (f) In the interest of public welfare and safety it is necessary to determine whether the past criminal or protective services conduct of each person described in subsections (a) and (b) is compatible with the nature of each person's employment. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17,I. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A SIXTEEN FOOT SEWER EASEMENT ACROSS LOT 7, SWIFT CREE~ CROSSING, SECTION i Mr. Harmon stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of a 16-foot sewer easement across Lot 7, Swift Creek Crossing, Section 1. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to BRUCE E. ALT and CHRISTINE B. ALT, ("GRANTEE"), a portion of a 16' sewer easement across Lot 7, Swift Creek Crossings, Section 1, MATOACA 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 86, at Page 14. WHEREAS, BRUCE E. ALT and CHRISTINE B. ALT, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 16' sewer easement across Lot 7, Swift Creek Crossing, Section 1, MATOACA 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 86, Page 14, by POTTS, MINTER AND ASSOCIATES, P.C., dated MAY 2, 1994, recorded NOVEMBER 1, 1994. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 16' sewer easement, across Lot 7, Swift Creek Crossing, Section 1, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated DECEMBER 6, 2001, 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 Qf Virginia, 1950, as amended, by advertising; and, 01-998 12/19/01 WHEREAS, no public necessity exists for the continuance of the portion of 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 Qf Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. 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 portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of easement hereby vacated in the property owners of Lot 7, Swift Creek Crossing, Section 1 free and clear of any rights of public use. By execution of this ordinance, GRANTEE does hereby release and hold GRANTOR harmless from any claims for injury or damage to that portion of the improvements located on the vacated portion of the easement resulting from the initial construction of sewer line or any maintenance, repair or replacement of the sewer line within the easement. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and BRUCE E. ALT and CHRISTIAN B. ALT, or their successors in title, as GRANTEE. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 18, REMAININg MOBILE HOME PERMITS ~ ZONING REOUESTS 01SN0276 In Clover Hill Magisterial District, CHURCH 9509, L.P. requests amendment to zoning (Case 91SN0230) and amendment of zoning district map relative to access and uses. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial and light industrial use. This request lies in Neighborhood Business (C-2) and Community Business (C-3) Districts on 22.0 acres fronting approximately 750 feet on the south line of Midlothian Turnpike, approximately 150 feet west of Tuxford Road. Tax IDs 750-706- 9679, 751-706-2387, 4156 and 7990 and 751-707-1228, 4548, 4907, 5340 and 7519 (Sheet 6). Ms. Rogers presented a summary of Case 01SN0276. Mr. Miller expressed concerns relative to closing the crossover on Midlothian Turnpike in front of Bethlehem Baptist Church for the proposed project. Ms. Rogers stated that staff has recommended denial of the modifications to the access limitations because the proposal fails to ensure an access plan for this section of Route 60 which would minimize traffic congestion and accommodate shared use of the access with surrounding properties. She further stated that the Planning Commission recommended approval of the 01-999 12/19/01 request to eliminate the requirement that the Route 60 entrance/exit be limited to right turns in and out, indicating that the proffered condition which requires that the access be located at least 600 feet from the Tuxford Road intersection adequately addressed transportation concerns relative to potential traffic congestion. She stated that staff and the Planning Commission recommended approval of the request to allow additional area to accommodate automobile sales. Mr. William Shewmake, representing the applicant, stated that the applicant does not intend to close the access to Bethlehem Baptist Church. He further stated that the applicant feels the best place for a traffic signal is approximately 600 feet from Tuxford Road. He stated that the applicant has not asked to renegotiate any of the buffers that protect the Shenandoah neighborhood. Mr. Warren stated that he spoke with the President of the Shenandoah Community Association who indicated that the Association supports the proposed project. Mr. Shewmake stated that the applicant has acquired the abandoned Jumbo Sports building and intends to develop that property, thereby ensuring access from both sides of Midlothian Turnpike. He requested that the Board approve the proposed request, stressing its importance for the economic vitality on the area. When asked, Mr. Shewmake stated that the applicant feels the proposed crossover should be located approximately 500 feet from the crossover to Bethlehem Baptist Church. No one came forward to speak to the request. After brief discussion, on motion of Mr. Warren, seconded by Mr. Miller, the Board approved Case 01SN0276 and accepted the following proffered conditions: Access from the property to Route 60 shall be limited to one entrance/exit. The entrance/exit shall be limited to right turns in and out and the location shall be approved by the Transportation Department, unless the Virginia Department of Transportation approves a signalized crossover no closer than 600 feet from the Tuxford Road intersection. If VDOT approves a signalized crossover to serve the property, then left turn lanes shall be provided as required by the Transportation Department. (T) (STAFF NOTE: THIS PROFFERED CONDITION SUPERSEDES PROFFERED CONDITION 6 OF CASE 91SN0230.) o Except as stated herein, in the Community Business (C-3) tract, uses shall be limited to those uses permitted by right or with restrictions in the C-2 District plus fast food restaurants, cocktail lounges as accessory to restaurant use and motor vehicle sales and service. Any motor vehicle sales and service facility shall be limited to the areas identified on the Zoning Plan as auto dealership or proposed auto dealership. The following uses shall not be permitted in either the Community Business (C-3) or Neighborhood Business (C-2) tract: ao Coin-operated dry cleaning; pressing; laundry and laundromats; o Co Occult sciences such as palm readers, astrologers, fortune tellers, tea leaf readers, prophets, etc.; Group care facilities. (STAFF NOTE: THIS PROFFERED CONDITION SUPERSEDES PROFFERED CONDITION 15 OF CASE 91SN0230.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 02SN0142 In Dale Magisterial District, LINDA E. AND JEFFREY L. BATEMAN request rezoning and amendment of zoning district map from Residential (R-7) to Agricultural <A) with Conditional Use Planned Development to permit bulk and development exceptions plus Conditional Use to permit a contractor's office. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 1.3 acres and is known as 5512 Iron Bridge Road. Tax ID 776-685-1845 (Sheet 11). Mr. Jacobson presented a summary of Case 02SN0142 and stated that staff had recommended approval with a buffer to be provided along the western property line. He further stated that because the area residents did not want the buffer, the Planning Commission recommended approval and acceptance of the proffered conditions for a ten year period. Mr. Andy Scherzer, representing the applicant, stated that the applicant has crafted the proffered conditions to protect the neighbors and also is willing to work with the neighbors in the future if they desire buffering. When asked, Mr. Scherzer stated that minimal security lighting is proposed. No one came forward to speak to the request. After brief discussion, on motion of Mr. Miller, seconded by Mr. Warren, the Board approved Case 02SN0142 and accepted the following proffered conditions for ten years: The following conditions not withstanding, the plan prepared by Balzer and Associates, dated October 10, 2001 and entitled "Ironbridge Road Master Plan" and the Textual Statement dated October 29, 2001 shall be considered the Master Plan. (P) This Conditional Use shall be granted for a period of no more than ten (10) years from the date of approval and shall be limited to Bateman Heating & Air for their use only and shall not be transferable nor run with the land. (p) 3. There shall be no signs to identify this use. (P) 4. There shall be no outside storage. (P) 5. There shall be no dumpsters. (P) There shall be no deliveries by any vehicle exceeding 4,000 pounds net weight and having more than two (2) axles. (P) This use shall not be open to the public or employees between the hours of 5:00 p.m. and 7:00 a.m. Monday through Friday, nor between 5:00 p.m. on Friday and 7:00 a.m. on Monday. This condition would not preclude individual employees from performing office work, such as paper work and phone calls, during other hours. (P) 01-1001 12/19/01 o Except for security lighting, there shall be no exterior lighting. (P) o With the exception of normal maintenance and improvements necessary to meet the building code there shall be no additions or exterior alterations to the structure to accommodate this use, other than the additional garage as shown on the Master Plan. Such garage shall be architecturally compatible with the existing dwelling on the property, as required by Section 19-570 of the ordinance for buildings within the same project. (P) 10. Driveways and parking areas shall have a minimum surface of six (6) inches of No. 21 or 2lA stone. The perimeter of driveways and parking areas shall be delineated by permanent means such as bumper blocks, railroad ties, timbers or similar such treatment as required by the Planning Department. (P) 11. Prior to any site plan approval, sixty (60) feet of right- of-way on the west side of Route 10, measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated free and unrestricted, to and for the benefit of Chesterfield County. (T) 12. Direct access from the property to Route 10 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 02SN0152 In Midlothian Magisterial District, TRITON PCS, INC., SPRINTCOM, INC. AND RICHMOND 20 MHZ, LLC, C/B/A NTELOS request Conditional Use Planned Development and amendment of zoning district map to permit exceptions to Zoning Ordinance requirements in Residential (R-15 and R-40) Districts. A 120 foot communications tower incorporated into an existing water 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 medium density residential use of 1.51 to 4.0 units per acre. This request lies on 1.2 acres fronting approximately 360 feet on the west line of Corner Rock Road across from Framar Drive. Tax ID 734-716-8432 and 9623 (Sheet 2). Ms. Rogers presented a summary of Case 02SN0152 and stated that the proposal would limit the number of cellular users on the water tower to four and the users would each have a maximum of nine antennas for a total of 36 antennas on the site. She further stated that the Planning Commission and staff recommend approval subject to conditions and noted that the request conforms to the siting criteria for towers. She stated that concerns were expressed at the Planning Commission meeting by area residents relative to potential adverse health impact that the cellular equipment might have on those who reside in the vicinity of the site. She further stated that staff research indicates that the majority of the experts are of the opinion that there will be no adverse impacts and indicated that, based upon those opinions, the Federal Telecommunications Act precludes localities from considering environmental impact when deliberating on land use issues related to cellular communications. 01-1002 12/19/01 Mr. Brennen Keene, representing Triton PCS, Incorporated, stated that the proposal evolved because of a demonstrated and substantial need for wireless communications along the Robious Road Corridor and in the neighborhoods that surround Robious Road. He further stated that the county's tower siting policy includes two basic criteria for residential areas -- the site must be 1,000 feet off the nearest public road; and it must have a 100 foot buffer of trees. He stated that after scouring the corridor, it was determined that such a property does not exist. He further stated that the applicant has addressed neighborhood concerns by limiting the antennas to the catwalks of the water tank; installing all cables into conduits going up the back on the legs on the tank; placing the equipment in a brick building with a pitched roof; and providing landscaping around three sides of the fenced area. He stated that landscaping could not be provided on the western side because there was not enough room between the fence and the adjacent property owner's property. He further stated that the applicant has agreed to provide landscaping upon the adjacent property owner's rear property line on the western side if the property owner desires. He stated that the proposed facility is not unlike many others approved by the Board and is in conformance with the Board's policy for tower siting. He requested the Board's approval of the proposed request. Ms. Lindsay Piett, a Roxshire resident, expressed concerns relative to the impact of the proposed facility upon children. Mr. Miller questioned the risk that Ms. Piett feels would involve children in the neighborhood. Mr. Piett stated that she feels there may be health risks involved with antennas. She further stated that she feels approval of the proposal would cause lowered property values as well as a negative public perspectiw~ of Roxshire. Mr. Irv Richardson, a Roxshire resident, stated that his property is immediately adjacent to the water tower. He expressed concerns that the placing of multiple cell antennas would have an adverse impact on the Roxshire community. He expressed concerns relative to long term health problems due to long term exposure to low-intensity Rf over prolonged periods of time. He quoted Dr. Henry Lee, a medical researcher from Washington State University, who says 'he would not live within 100 meters of any cell tower with multiple antennas.' He stated that he feels the multiple towers will have a negative impact on property values and expressed concerns relative to conflicting studies about the health effects and therefore property values. He recognized ten Roxshire residents who stood in opposition to the proposed request. Mr. Miller requested that Mr. Richardson provide him with biographical information for Dr. Lee. Ms. Sandra Alexander, a new resident of Roxshire, stated that she was not informed of the potential for antennas on the water tower when negotiating for her new home. She expressed concerns relative to the proximity of homes to the water tower and stated that she feels the county should protect the residents of Roxshire from the intrusion of business and commercial development and also protect the safe and secure environment of the residents by denying the request. Mr. Joe Hegner, President of the Roxshire Civic Association, stated that the association has conducted research, looked at scientific literature and taken field trips to other similar water towers. He further stated after surveying the residents of Roxshire, the majority indicated that the proposal is in the best interest of Roxshire because of the benefit of good cellular communications throughout the county. He further stated that he feels the benefits outweigh the risks. Ms. Susan Richardson expressed concerns relative to health risks with exposure to cellular towers, as well as decreased property values. She requested that buffering on the west side of the tower be addressed, and expressed concerns relative to increased traffic to service the antennas. She stated that many of the Roxshire residents did not vote for or against the antenna proposal when asked, and therefore the information presented by the Roxhire Civic Association was not indicative of the residents' true feelings. She requested that the Board deny the proposed request. Mr. John Turlington, a resident of Roxshire, stated that he has followed the issue since its inception. He further stated that, after being provided with a great deal of research, he now supports the proposed request. He stated that the Roxshire Civic Association cannot make its residents vote, and therefore he feels the majority has spoken. Ms. Mary Turlington stated that she feels the association did all it could do in providing information to all its residents. There being no one else to speak to the request, the public hearing was closed. Mr. Keene stated that there is conflicting information about health risks associated with cellular technology. He further stated that a study was released today that was funded by a wireless company group and the National Institute of Cancer which found that there are no known health impacts associated with the facilities. He referenced microwave ovens, automobile emissions and computer exposure and stated that certain levels of risks are found acceptable. He stated that the site has been maximized to its fullest extent with four carriers. He further stated that traffic for maintaining the antennas is not a concern because the number of trips estimated in a two-week period is approximately the same as the number of trips per day for one single-family home, and requested that the Board approve the proposed request. When asked, Mr. Keene stated that the applicant is willing to provide landscaping at the base of the facility on the north, east and south sides of the fenced area. He further stated that there is not sufficient space to provide landscaping on the county's property on the west side, therefore the applicant has agreed with the neighborhood association to provide the same landscaping on the adjacent property owner's property if requested to do so by the property owner. Mrs. Humphrey stated that the Telecommunications Act prohibits the Board from making land use decisions based on potential health conditions. Mr. Keene stated that wireless communications carriers endeavor to meet the county's guidelines for land use decisions. He noted that the proposal is similar to the three other cases approved for towers on water tanks. Mr. Barber stated that he is satisfied with the aesthetics of the proposal and noted that because the water tower is the highest spot on the Robious Road Corridor, it is an ideal location for telecommunications equipment. He further stated that the Roxshire Civic Association has done a thorough job in communicating with the neighbors. He stated that he supports the request because there are no other viable alternatives for placement of the antennas; there are no substantial reasons to deny the request; and the majority of the neighborhood supports the proposal. 01-1004 12/19/01 Mr. Barber then made a motion for the Board to approve Case 02SN0152 subject to conditions. Mrs. Humphrey seconded the motion. Discussion ensued relative to the power outputs from the antennas. Mr. Barber noted that Mr. Keene was asked to be the spokesperson, as Sprintcom Incorporated's representative, for all four carriers involved in the case. Mrs. Humphrey stated that she understands the potential for health risks involved in the communication industry and expressed concerns that the Federal Telecommunications Act prohibits the Board from making land use decisions on the premise of potential health risks. Mrs. Humphrey called for a vote on the motion of Mr. Barber, seconded by Mrs. Humphrey, for the Board to approve Case 02SN0152 subject to the following conditions: There shall be no signs permitted to identify this use. (p) o The tower and equipment shall be designed and installed so as not to interfere with the County Communications System. Prior to site plan or building permit approval, whichever occurs first, the owner/developer of non-County communications equipment 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 antennas location and height and upon the frequencies and effective radiated power generated by the communications 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 owner/developer of non-County communications equipment shall be responsible for correcting any frequency problems which affect the County Communications System caused by their use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) At such time that any communications tower user ceases to use their equipment for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer of that communications equipment shall dismantle and remove their antennas and all of their associated equipment from the property. (P) o In conjunction with the approval of this request, a seventy (70) foot exception to the fifty (50) foot height limitation for communications towers in a Residential (R- 40) District shall be granted. (P) o In conjunction with the approval of this request, a forty (40) foot exception to the required sixty (60) foot front yard setback; an eight (8) foot exception to the required twenty (20) foot side yard setback; and a forty-eight (48) foot exception to the required fifty (50) foot rear yard setback in Residential (R-40) Districts shall be granted. (P) .. Oi-iO05 12/i9/0i The communications tower use shall be permitted only if it is incorporated into the structure of a water tank. The tower shall not be lighted. The communications equipment (antennas, mounting hardware, cabling, etc.) shall be the same color as the water tank. A maximum of four (4) individual communications users shall be permitted on the water tank. The number of antennas for each user shall not exceed nine (9) and the total number of antennas shall not exceed thirty-six (36). The antennas on the water tank shall be attached to the catwalk railing on the water tank, and be designed as generally depicted on sheet Z-2 of the plans entitled "Triton PCS, Inc. in Cooperation with Sprint PCS & NTELOS - Robious Water Tank" dated September 28, 2001, last revised November 19, 2001, and prepared by Tectonic Engineering Consultants, Inc. (the "Plans") provided that the "NTELOS Flat Antenna" shall not be permitted. In addition, all wires and cables that support the antennas shall be housed in conduit or otherwise shielded from view. (P) Ail ground-based equipment used to support the wireless communications antennas on the water tank shall be enclosed in one (1) equipment building. The design, location and architectural treatment of the equipment building shall be as shown on the plans dated September 28, 2001, last revised November 19, 2001, and shall consist of an "A" frame shingled roof and exterior walls constructed of a red brick or red brick veneer. 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) Prior to installation of any antennas on the water tank, the existing chain-link fence shall be replaced with a black vinyl-coated chain link fence as shown on sheet Z-2 of the plans. Further, the equipment building shall be screened from view of adjacent properties to the north, east and south by use of evergreen plantings. Such evergreen plantings shall be a minimum of six (6) feet in height at the time of planting. (P) 10. Prior to locating any antennas on the water tank or ground-mounted equipment on the property, plans depicting the requirements outlined in Conditions 7, 8 and 9 shall be submitted to the Planning Commission for review and approval in accordance with Sections 19-264 and 19-269 of the Zoning Ordinance. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 19. ADJOURNMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 10:12 p.m. until January 9, 2002 at 4:00 p.m. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Coun~t v~Af~istrat of L~r~ B. Rams e~ Renny B~h Humphrey Cha i rman 01-1006 lZ/1 /Ol