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01-27-99 MinutesBOARD OF SUPERVISORS MINUTES January 27, 1999 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny B. Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator 99-60 Staff in Attendance: Colonel Carl R. Baker, Police Department Ms. Janice Blakley, Dep. Clerk to the Board Mr. Craig Bryant, Dir., Utilities Mr. Steven Calabro, Dir., County Airport Ms. Marilyn Cole, Asst. County Administrator Ms. Rebecca Dickson, Dir., Budget and Management Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III, Registrar Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr. H. Edward James, Dir., Purchasing Dr. Burt Lowe, Dir., Mental Health/Retard. Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Gary R. McLaren, Dir., Economic Development Mr. Steven L. Micas, County Attorney Mr. Francis Pitaro, Dir., General Services Ms. Cindy Smith, Asst. Risk Manager Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Dep'uty Co. Admin., Community Development 1/27/99 Mr. Daniel called the regularly scheduled meeting to order at 4:05 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Warren, seconded by Mr. Barber, the Board approved the minutes of January 13, 1999, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey, introduced Mr. John Peddi, Vice President of Segment Operations, DSC Logistics. He stated that DSC Logistics recently received its International Organization of Standardization (ISO) 9000 certification in a very short time period and congratulated Mr. Peddi on this accomplishment Mr. Peddi recognized the efforts of Mr. McHale towards DSC Logistics receiving its ISO 9000 certification. He stated that ISO is synonymous with total quality management in an entire operation. He further stated that DSC Logistics began its operation in the County on February 17, 1996 and, in December, 1997, elected to pursue ISO certification. He stated that ISO is a very rigorous, complex quality management system and only one percent of companies worldwide are ISO certified. He further stated that DSC Logistics contacted John Tyler Community College for their guidance in the ISO certification process and noted that this is a perfect example of the County and private industry working together as partners. He stated that Mr. McHale, through his affiliation with John Tyler, met with DSC Logistics and, shortly thereafter, the ISO certification process began. He further stated that Mr. McHale was a resource on numerous occasions during the process and, as a result, DSC Logistics received its ISO 9000 certification within nine months. He presented a plaque to Mr. McHale, on behalf of DSC Logistics, in appreciation of his efforts towards DSC Logistics' ISO 9000 certification. Mr. McHale expressed appreciation to Mr. Peddi and stated that the ISO 9000 certification is a result of teamwork from the employees of DSC Logistics. Mr. Daniel stated that, as a retired employee of Philip Morris, he is aware of the standards for ISO certification and congratulated Mr. Peddi on this accomplishment. Mrs. Humphrey stated that DSC Logistics is a company with very high standards and expressed appreciation to Mr. Peddi for selecting the County as its location. 99-61 1/27/99 3. BOARD COMMITTEE REPORTS Mr. Barber stated that Mr. Ed Borovatz, with the Chesterfield Community Partnership, will be the guest speaker at his constituent's meeting on February 1, 1999. He further stated that he will also bold a special constituent's meeting on February 15, 1999 at Midlothian High School regarding regional transportation and stated that representatives from Greater Richmond Transit Company, Senator Henry Marsh and Senator John Watkins have been invited to aattend at the meeting. Mr. McHale stated that Mr. Mike Steen, with the 250th Anniversary Committee, was the guest speaker at his constituent's meeting on January 18, 1999. He further stated that Ms. Dickson will be the guest speaker regarding the County's budget at his next constituent's meeting on February 22, 1999. Mr. Warren stated that Ms. Carol Marshal, the Clover Hill District representative to the Drug and Alcohol Abuse Task Force, will be the guest speaker at his constituent's meeting on February 1, 1999. He further stated that he was the guest speaker at the Manchester Volunteer Rescue Squad's annual dinner on January 23, 1999 and that he attended the grand opening of the new Lowe's Store in Winterpock today. Mrs. Humphrey stated that on January 26, 1999 she attended a Parent Teacher Association meeting at Mateaca High School. She further stated that on February 3, 1999 she will hold a joint meeting with Virginia Department ef Transportation regarding road improvements in the Newby's Bridge/Qualla Road area and on February 16, 1999 she will be the guest speaker at the Alberta Smith Elementary School Parent Teacher Association meeting. She congratulated Mr. Matt Farrier, a member ef the Matoaca High School Feetbal! Team, for being chosen for the Parade Magazine's All-America Team. Mr. Daniel stated that Mr. Mike Steen, with the 250th Anniversary Committee, was guest speaker at his constituent's meeting. He further stated that he met with the Meadowbrook Association at-Large at Falling Creek Middle School and stated that the Principal, Mr. James Minetree, indicated that school facilities are available to the public for many services far beyond the normal school day. He urged the public to make use of these services. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board replaced Item 8.A.2., Appointment to the Metropolitan Richmond Convention and Visitors Bureau; replaced Item 8.B., Acceptance of a Proposal to Purchase Chesterfield County General Obligation Public Improvement Bonds; added Item 8.C.!0., Adoption of Resolution Supporting the Reappointment of Mr. John Cegbill te the Commonwealth. Transportation Beard; added Item 99-62 1/27/99 8.C.11., Adoption of Resolution Recognizing Defense Distribution Depot Richmond for Assistance During the Ice Storm; added Item 14.C., Resolution Recognizing Miss Lauren Ashley Craig for Her Accomplishments in Karate; added Item 14.D., Resolution Recognizing Miss Kimberley Susan Murphy for Her Accomplishments in Karate; added Item 14.E., Resolution Recognizing Mr. Bernard V. Peto for His Service as a Member of the Community Services Board and replaced Item 16.A., Public Hearing to Consider an Amendment to the FY99 Budget to Appropriate Up to $50,150,000 in ]Payment to an Escrow Agent Which Will be Used to Refund 1990A, 1991, 1992 and 1997 General Obligation Bonds and Pay Closing Costs and, adopted the Agenda, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES-OF-THE-YEAR FOR 1998 Ms. Cindy Smith, Team Leader of the 1998 Exceptional Employee- of-the-Year Selection Team, introduced members of the Team who were present at the meeting. She then introduced the 1998 nominees, who were as follows: Name Department Doug Bilski Linda Jackson Cole Kimberly Conley Martin "Marty" Franciscus Greg Geoghegan Kenneth Howerton Diane Landen Rosemary Loren Garrett Mason Louise "Lou" O'Boyle Sandra Olmeda Robert Parham Warren Seay Nicole Sheffield Judith Smith Michael C. Westfall Richard Wheawill Mental Health/Mental Retardation/Substance Abuse Extension Service County Administration Purchasing Department Youth Group Home Parks & Recreation Economic Development Library General Services Human Resource Management Sheriff's Department Police Department Infermation Systems Technolegy Public Affairs Utilities Department Internal Audit Treasurer's Office (It is noted the following nominees were not present at the meeting: Frances Reese, Accounting Department; Gail Sutler, Health Department; Deon Taylor, Social Services Department; and Kenneth Wheeling, Fire Department.) Mr. Ramsey presented each of the nominees with a plaque recognizing them as their Department's Employee-of-the-Year, 1/27/99 99-63 stated that the County is extremely proud of each of the employees, and congratulated them on their nomination. 5.B. RECOGNIZING THE CHESTERFIELD COUNTY EXCEPTIONAL EMPLOYEE-0F-T~E-YEAR FOR 1998 Ms. Smith recognized and introduced Mr. Garrett Mason as the Exceptional Employee-of-the-Year for 1998. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Garrett Mason is a principal labor crew chief, Solid Waste Management Division, Department of General Services; and WHEREAS, Mr. Mason provides oversight to all county- provided trash collection and hauling operations; monitors routes to address customer concerns; collects and tracks data to maximize efficiency of routes; and provides strategic planning for collection options, equipment acquisition and personnel scheduling; and WHEREAS, Mr. Mason encourages and provides a variety of training opportunities for his employees and empowers them with decision-making authority; and WHEREAS, Mr. Mason successfully completed the Supervisory Leadership Institute and has served on several teams to improve customer service, streamline work and save money; and WHEREAS, in an effort to provide good customer service, Mr. Mason has met with customers on a Saturday, when they were home, to explain new bi-weekly routes; confronts problems directly and actively participates in resolutions that benefit the customer; and is a model supervisor and employee who applies the County's Total Quality Improvement principles to his work; and WHEREAS, Mr. Mason is also involved in the community; is active in the Union Grove Baptist Church; is an assistant scout master; aids senior citizens by doing lawn work and providing transportation; and works with a local veterinarian to find homes for animals; and WHEREAS, Mr. Mason was selected as one of twenty-one departmental Employees of the Year for his accomplishments and achievements above and beyond designated job duties and was selected from this distinguished group as Chesterfield County's 1998 Exceptional Employee of the Year. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Garrett Mason on his selection as Chesterfield County's 1998 Exceptional Employee of the Year, expresses its appreciation for his outstanding efforts on behalf of the County and its citizens, and wishes him continued success. 1/27/99 99-64 AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Mason and that this resolution be permanently recerded ameng the papers ef this Board of Supervisers of Chesterfield Ceunty,. 'Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed reselutien te Hr. Hason, expressed appreciation fer his dedicated service to the County, and cengratulated him on his accempiishments and being named the Exceptienal Empleyee-ef-the-Year for 1998. Mr. Ramsey congratulated Mr. Mason on being named the Exceptional Employee-of-the-Year for 1998. Mr. Mason expressed appreciation for being selected as the Exceptional Employee-of-the-Year for' 1998. He expressed appreciation to numerous employees of the Department of General Services. He then recognized approximately twelve employees of the Department of General Services who are under his supervision, present at the meeting, and stated that this honor would not have been possible without their support. 6. WORK SESSIONS O FY2000-2004 CAPITAL IMPROVEMENT PROGRAM Mr. Carmody presented an overview of the FY2000-2004 Capital Improvement Program (CIP) including highlights of continuing to advance referendum projects as approved by voters and plans for future referenda; recommending a reduction in the dependence on debt funding; strengthening support of the AAA credit ratings; and public facilities plan providing basis for the Program. He continued te present an overview including the Relatienship to the County's Strategic Plan.; Cempesition of the P]?eposed Capital Imprevement Pregram; 1996 Referendum Debt Issuance; Planned Debt Issuance; Propesed General County CIP Summary; Preposed FY2000-2004 CIP Funding Trends; Expenditures by Functienal Area; Recommended Changes te the Propesed CIP; Proposed New Projects; and Proposed Unfunded Projects. He presented an overview ef the Schools CIP including highlights of continuing to advance referendum projects; addressing four categeries of imprevements; and plans fer future referenda. He then presented a summary ef the Proposed Scheols CIP Summary. There was brief discussion relative to the process for briefing Board members individually regarding the Capital Improvement Program. Mr. Daniel requested that, after being briefed regarding the Capital Improvement. Program, the Board members be prepared to structure opportunities for change at the March 10, 1999 meeting as a work session. 99-65 1/27/99 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Barber, the Board suspended its rules at this time to allow simultaneous nomination/appointment of members to serve on the Metropolitan Richmond Convention and Visitors Bureau and the Citizens Advisory Council. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.1. COMMITTEE ON THE FUTURE On motion of Mr. Daniel, seconded by Mr. Barber, the Board deferred the appointment of a member, representing the Dale District, to serve on the Committee on the Future until February 10, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.2. METROPOLITAN RICHMOND CONVENTION AND VISITORS BUREAU After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. Henitz Mathis and Mr. John Stewart, representing the County at- large, to serve on the Metropolitan Richmond Convention and Visitors Bureau, whose terms are effective February 1, 1999 and will expire June 30, 2001. And, further, the Board simultaneously nominated/reappointed Mrs. Renny B. Humphrey, representing the County at-large, to serve on the Metropolitan Richmond Convention and Visitors Bureau, whose term is effective immediately and expires December 31, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.3. CITIZENS ADVISORY COUNCIL On motion of Mr. Warren, seconded by Mr. McHale, the Board simultaneously nominated/appointed Ms. Laurel Newell, representing the Clover Hill District, to serve on the Citizens Advisory Council for the Juvenile and Domestic Relations Court, whose term is effective immediately and will expire December 1, 1999. 99-66 1/27/99 And, further, the Board deferred consideration of a member, representing the Bermuda District, to serve on the Citizens Advisory Council for the Juvenile and Domestic Relations Court, until February 10, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.B. ACCEPTANCE OF A PROPOSAL TO PURCHASE CHESTERFIELD COUNTY GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS Ms. Dickson stated that General Obligation Public Improvements Bonds were sold by the County today in the amount of $29.6 million in bonds approved in the 1996 Bond Referendum and $46 million of refunding bonds which sold at a true interest cost of 4.16 percent. She further stated that the $29.6 million in new General Obligation Bonds represents the third issuance of debt approved in the 1996 Referendum and will advance projects approved for schools, public safety, parks and libraries. She stated that all three major credit rating agencies affirmed the County's Triple "AAA" Bond Rating earlier this week. She further stated that the refunding will represent present value savings in excess of $2.3 million over the life of the bonds and that anticipated annual savings is estimated at approximately $130,000. She requested that the Board approve the proposal from ABN AMRO, Incorporated, the responsible bidder, at a true interest cost of 4.16 percent. Mr. Daniel stated that the tax savings to the public is a result of total quality management -- providing the maximum amount of service at the least cost. He expressed appreciation to Mr. Ramsey, Ms. Dickson, Budget Department staff and the consultants involved in the bond refunding. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted a proposal from ABN AMRO, Incorporated to purchase $75,625,000 Principal Amount of Chesterfield County General Obligation Public Improvement Bonds at a true interest cost of 4.16 percent. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C. CONSENT ITEMS 8.C.1. APPROVAL OF EDITED REVISIONS TO THE CHESTERFIELD COUNTY AIRPORT MINIMUM STANDARDS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved revisions to the Chesterfield County Airport Minimum 99-67 1/27/99 Standards for Fixed Base Operators to Provide Aeronautical Activities to the Public. (It is noted that a copy of the revisions is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.2. APPROVAL OF ADDITIONAL SCHOOL BOARD GRANTS FOR FY99 On motion of Mr. McHale, seconded by Mr. Barber, the Board increased the Instruction appropriation category on the School Grants Fund by $289,947 for the following grants for the school system: 1999-00 Goals 2000 Technology Grant in the amount of $174,601; Special Education Local Improvement Grant in the amount of $88,346; and Crestwood FLASH Grant in the amount of $27,000. (It is noted that no local funds are involved with the grants. ) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.3. DESIGNATION OF FUNDS FROM THE RESERVE FOR FUTURE CAPITAL PROJECTS TO COVER POTENTIAL EXPENSES RELATED TO' THE YEAR 2000 PROJECT AND TRANSFER OF FUNDS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the designation of $150,000 from the Reserve for Future Capital Projects to cover potential expenses related to the Year 2000 Project, and authorized staff to transfer these funds where appropriations are needed. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.4. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Savannah Trace, Section 1, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Savannah Trace, Section 1, Dale District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. 99-68 1/27/99 Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Savannah Trace, Section 1, Dale District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Taylor Brook Lane Length: 0.18 mile From: Iron Ore Way, State Route 3939, at intersection of Bryanbell Lane, State Route 3933 To: Cul-de-sac, 0.18 mile east of Iron Ore Way, State Route 3939 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Taylor Brook Court Length: 0.05 mile From: Taylor Brook Lane, 0.08 mile east of Iron Ore Way, State Route 3939 To: Cul-de-sac, 0.05 mile north of Taylor Brook Lane Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 21 lots. This section of Savannah Trace is recorded as follows: Section 1, Plat Book 94, Page 78, July 16, 1997. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Aviemore at The Highlands, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Aviemore at The Highlands, Matoaca District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. 99-69 1/27/99 Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. B~rber, it is resolved that the road Aviemore at The Highlands, Matoaca District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Aviemore Court Length: 0.09 mile From: Highland Glen Drive at Applecross Way, 0.55 mile southeast of Seaview Drive, State Route 5166 To: Cul-de-sac, 0.09 mile northeast of Highland Glen Drive Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 6 lots. This section of Aviemore at The Highlands is recorded as follows: Plat Book 90, Pages 38 and 39, April 29, 1996. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.5. ACCEPTANCE OF PARCELS OF LAND 8 .C.5.a. ALONG BERMUDA HUNDRED ROAD FROM ANTHONY BENNETT PROPERTIES On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.0975 acres from Anthony Bennett Properties, a Michigan Co- Partnership, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.5 .b, ALONG BEACH ROAD FROM G. H. COGBILL LIMITED COMPANY AND THEODORE T. COGBILL On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of three parcels of land containing a total of 0.530 acres along Beach Road, two from The G. H. Cogbill Limited Company and one from Theodore T. Cogbill, and 99-70 1/27/99 authorized the County Administrator to execute the necessary deeds. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.6. APPROVAL OF SEWER CONTRACT FOR CLOVER HILL INDUSTRIAL PARK - OFFSITE SEWER EXTENSION PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following Sewer Contract, for Clover Hill Industrial Park Off-Site Sewer Extension - Contract Number 97- 0159, which includes 2,240 L.F. ± of fifteen inch off-site wastewater improvements: Developer: Contractor: Contract Amount: Clover Hill Industrial Park, Inc. Infracorps of Virginia, Inc. Estimated Total - Total Estimated County Cost: Wastewater (Oversizing) Wastewater (Off-Site) Estimated Developer Cost Code: (Refund thru. connections - District: $249,385.00 $28,419.02 $58,412.06 $162,553.92 Oversizing) 5N-572VO-E4C (Refund thru. connections - Off-Site) 5N-572VO-E4D Clover Hill Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.7. APPROVAL OF CHANGE ORDER TO THE WOOLRIDGE ROAD EXTENDED PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a change order in the amount of $17,820 for the Woolridge Road Extended Project tc increase the size of the pedestrian tunnel. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.8. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND APPROPRIATION OF FUNDS FOR THE CENTRALIA ROAD/CHALKLEY RO~ INTERSECTION IMPROVEMENT PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a 99-71 1/27199 design/right-of-way/construction agreement with the Virginia Department of Transportation (VDOT)/consultants and appropriated $480,000 in anticipated VDOT reimbursements for the Centralia Road/Chalkley Road Intersection Improvement Project. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.9. SET DATES FOR PUBLIC HEARINGS 8.C.9.a. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY A~RNDING SECTION 13-52 RELATING TO THE GRACE PERIOD FOR ACQUIRING COUNTY DECALS AND PAYING COUNTY LICENSE TAX FOR NEW VEHICLES On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of February 10, 1999 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending Section 13-52 relating to the grace period for acquiring County decals and paying County license tax for new vehicles. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.9,b. TO CONSIDER THE ABANDONMENT OF A PORTION OF FITZHUGH STREET On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of March 10, 1999 at 7:00 p.m. for a public hearing to consider the abandonment of a portion of Fitzhugh Street (State Route 1312). Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.10 ADOPTION OF RESOLUTION SUPPORTING THE REAPPOINTMENT OF MR. JOHN COGBILL TO THE COMMONWEALTH TRANSPORTATION BOARD On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mr. John V. Cogbill, III Commonwealth Transportation Board Member Richmond Construction District; and is the current representing the WHEREAS, Mr. Cogbill's term expires on June 30, 1999; and WHEREAS, the Richmond Region has critical transportation needs which must be addressed; and 99-72 1/27/99 WHEREAS, Mr. Cogbill is very knowledgeable and familiar with the transportation needs of Chesterfield County and the entire Richmond Region; and WHEREAS, Mr. Cogbill has an excellent understanding of the operations of local and state government, the operations of private businesses, and the needs of the citizens; and WHEREAS, Mr. Cogbill has worked tirelessly on behalf of the Richmond Construction District and has done an outstanding job representing the District as its Board Member. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors strongly recommends that the Governor reappoint Mr. John V. Cogbill, III for a second term as Commonwealth Transportation Board Member representing the Richmond Construction District. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Chesterfield County legislative delegation with a request for their support for Mr. Cogbill's reappointment. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.11. ADOPTION OF RESOLUTION RECOGNIZING DEFENSE DISTRIBUTION DEPOT RICHMO5~ FOR ASSISTANCE DURING THE ICE STORM On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, December 23, 1998 saw the beginning of a major ice storm spreading across the Commonwealth of Virginia; and WHEREAS, many residents of Chesterfield found themselves without electricity; and WHEREAS, the Department of Social Services is responsible for the opening and operation of emergency shelters; and WHEREAS, Social Services relies on the concern and cooperation of the community to fulfill its mandate; and WHEREAS, the efforts of Central Baptist Church; Defense Supply Center Richmond; Southminster Presbyterian Church; Saint Augustine's Catholic Church; Saint Barnabas Episcopal Church; Tomahawk Baptist Church; Ukrops Corporation and Defense Distribution Depot Richmond stood out in offering expressions through donations of time and materials; and WHEREAS, invaluable aid was provided to the staff of the Department of Social Services and kind expressions of good will were rendered to those citizens in need. 99-73 /27/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Central Baptist Church; Defense Supply Center Richmond; Southminster Presbyterian Church; Saint Augustine's Catholic Church; Saint Barnabas Episcopal Church; Tomahawk Baptist Church; Ukrops Corporation; and Defense Distribution Depot Richmond and expresses its heartfelt appreciation to these organizations and the churches and their members for participating in a true "Spirit of Christmas" endeavor. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to these organizations and churches and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and'a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: ABANDONMENT LENGTH ASHBROOK, SECTION 7 - (Effective 12/30/98) Featherchase Court (Route 4217) - From Route 4215 to 0.11 Mile North Route 4215 0.11 Mi Featherchase Drive (Route 4215) - From 0.13 Mile Southwest Route 4209 to Route 4209 0.13 Mi ASHBROOK, SECTION 8 Featherchase Drive (Route 4215) - From 0.24 Mile Southwest Route 4209 to 0.13 Mile Southwest Route 4209 0.11 Mi Featherchase Terrace (Route 4218) - From Route 4215 to 0.15 Mile North Route 4215 0.15 Mi 99-74 1/27/99 DEER RUN, SECTION 10 (Effective 12/21/98) Nashua Drive (Route 4927) - From Route 4922 to 0.05 Mile South Route 4927 Nashua Terrace (Route 4945) From 0.10 Mile Southwest Route 4927 to Route 4927 Nashua Turn (Route 4934) - From 0.09 Mile Southwest Route 4927 to Route 4927 Secretariat Drive (Route 4922) - From 0.11 Mile Southwest Route 5035 to Route 5035 JOHN TYLER WOODS, SECTION 2 (Effective 12/30/98) Executive Drive (Route 3719) - From 0.14 Mile Southwest Route 3570 to Route 3570 MEADOW OAKS, SECTION E (Effective ]_2/21/98) Evergreen Oak Court (Route 3664) - Prom Route 1601 to 0.11 Mile Southeast Route 1.601 Oregon Oak Drive (Route 5451) - From Route 1601 to 0.06 Mile Southwest Route 5453 OLD COACH HILLS, SECTION D (Effective 12/10/98) Tandem Drive (Route 2302) - From 0.04 Mile North Route 2303 to 0.06 Mile North Route 2303 WINDSOR PARK, SECTION 2 (Effective 12/8/98) Chiasso Terrace (Route 4389) - From Route 4388 to 0.11 Mile Northeast Route 4388 Chiasso Way (Route 4388) - From Route 602 to 0.05 Mile North Route 4359 Princess Mary Road (Route 4359) - From 0.06 Mile West Route 4388 to 0.09 Mile West Route 4388 Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 0.23 Mi 0.10 Mi 0.09 Mi O.O8 Mi 0.14 Mi 0.11 Mi 0.09 Mi O.O2 Mi 0.11 Mi O.44 Mi 0.16 Mi 11. DINNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Reconvening: /27/99 99-75 12. INVOCATION Reverend Robert Moore, Pastor of Church, gave the invocation. Ivey Memorial Methodist 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Master Jonathan William Mayhew, Miss Lauren Ashley Craig and Miss Kimberley Susan Murphy, representatives from the United States Karate Team, led the Pledge of Allegiance to the Flag of the United States of America. 14. 14 .A. RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING MR. RICHARD L. ~RICK" YOUNG, III AND MRS. SUSAN R. YOUNG FOR THEIR CONTRIBUTIONS TO CHESTERFIELD COUNTY Mr. Hammer introduced Mr. Richard Young and Mrs. Susan Young who were present to receive the resolution. Mr. Young presented a video presentation of a reenactment of the Wright Brothers' first flight at Jockey's Ridge in Nags Head, North Carolina with planes designed and built by Mr. and Mrs. Young. He expressed appreciation to his wife, Susan, for her support. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Richard L. Young, III and Mrs. Susan R. Young are residents of Chesterfield County and operate the Half Way House Restaurant in Chesterfield County; and WHEREAS, Mr. Young is on the Board of Directors of the First Flight Centennial Foundation; and WHEREAS, Mr. and Mrs. Young have researched, built and flown gliders that are reproductions of the Wright Brothers' pioneering aircraft; and WHEREAS, some of these aircraft reproductions have appeared in films such as Flying Machines for NASA; Disney's Epcot America; and the National Air and Space Museum's IMAX film On the Wing; and WHEREAS, these aircraft have also appeared on television programs including the Public Broadcasting System's NOVA series and others; and WHEREAS, it is appropriate to recognize such exemplary efforts, which bring credit to the County and its residents. 99-76 1/27/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Richard L. Young, III and Mrs. Susan R. Young, and expresses its appreciation for their outstanding efforts in re-creating the exciting history of the Wright Brothers' first flight, which will mark its centennial on December 17, 2003. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. and Mrs. Young and that this resolution be permanently recorded, among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. and Mrs. Young, and congratulated them on their achievements in the operation of the Half Way House Restaurant and in aviation endeavors. He expressed apprecialzion to Mr. Young for his service as a member of the Metropolitan Richmond Convention and Visitors Bureau. Mr. Young expressed appreciation to the Board for the recognition. He recognized Mr. Jackie Dankos and Mr. Roger Habeck, who were present at the meeting, and expressed appreciation for their support. 14.E. RECOGNIZING MR. BERNARD V. PETO FOR HIS SERVICE AS A MEMBER OF THE COMMUNITY SERVICES BOARD Mr. Gary Southard, Deputy Director of Mental Health/Mental Retardation, introduced Mr. Peto, 'who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Bernard V. Peto, representing the Dale Magisterial District, has served as a dedicated and faithful member of the Chesterfield Community Services Board (CSB) since his appointment by the Board of Supervisors in June, 1990; and WHEREAS, Mr. Peto, during his term of more than eight years as a member of the Chesterfield Community Services Board, has served with distinction as Secretary in 1990 and 1991 and a faithful member of each CSB Standing Committee; and WHEREAS, Mr. Peto has for a number of years been an active volunteer and concerned citizen of Chesterfield County, serving in various leadership capacities including the Board of Visitors, Mary Baldwin College from 1992 until 1996; and WHEREAS, Mr. Peto is recognized locally and throughout the Commonwealth for his steadfast dedication and genuine concern for persons with mental disabilities. 99-77 1/27/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Bernard V. Peto and expresses its sincere gratitude and appreciation for his commitment and significant contributions in the provision of quality mental health, mental retardation and substance abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Peto and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. Peto, accompanied by his wife, and expressed appreciation for his service as a member of the Community Services Board. Mr. Peto expressed appreciation to the Board for the recognition and stated that it has been an honor for him to serve on the Community Services Board. 14 .B. RECOGNIZING MASTER JONATHAN WILLIAM MAYHEW FOR HIS OUTSTANDING REPRESENTATION ON THE UNITED STATES KARATE TEAM Mr. Stith introduced Master Jonathan Mayhew who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Master Jonathan William Mayhew will be eleven years old on May 16, 1999; and WHEREAS, Jonathan is in the fourth grade at Crestwood Elementary School and currently has his Second Degree Black Belt in Karate; and WHEREAS, in the past three years, Jonathan has qualified for, competed in and won medals in the AAU State Championships, regional championships and national championships; and WHEREAS, in 1997 Jonathan won both the Gold Medal and the Bronze Medal at the Junior Olympics and in 1998 won medals at the state, regional and national tournaments and at the Junior Olympics; and WHEREAS, Jonathan was invited to represent the United ~States and competed on the United States Karate Team at the World Cup International Karate Tournaments in Budapest, Hungary in December, 1998; and WHEREAS, Jonathan placed high in both individual events and in the three-man team forms competition. 99-78 1/27/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Master Jonathan William Mayhew for his athletic ability, citizenship and patriotism, and wishes him well in his future endeavors in Karate and his other school and athletic pursuits. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Master Mayhew and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution to Master Mayhew, accompanied by members of his family, congratulated him on his awards and accomplishments in Karate, and wished him well in future athletic and school pursuits. ~ 14.C. RECOGNIZING MISS LAUREN ASHLEY CRAIG FOR HER ACCOMPLISHMENTS IN KARATE Mr. Stith introduced Miss Lauren Craig who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Miss Lauren Ashley Craig turned twelve years old on January 3, 1999; and WHEREAS, Lauren is in the sixth grade at Providence Middle School and currently has her Second Degree Black Belt in Karate; and WHEREAS, Lauren has qualifiet for, competed in and won medals in the AAU State Championships, regional championships and national championships; and WHEREAS, Lauren is currently the Virginia State Champion in Kata and Kubudo in her age bracket and the Regional Champion in Kata, Kubudo and Kumite in her age bracket; in 1997 was the North American Sport Karate Association World Champion in Traditional Open-Hand Kata in her age bracket; in 1996 was the United States Overall Junior National Champion in her age bracket; and in 1995 held the Jhoon Rhee Weapons World Championship in her age bracket; and WHEREAS, Lauren is a member of the United States Karate Team and represented the United States at the World Cup International Karate Tournaments in Budapest, Hungary in December, 1998. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Miss Lauren Ashley Craig for her athletic ability, citizenship and patriotism, and wishes her well in her future endeavors in 1/27/99 99-79 Karate and her other school and athletic pursuits. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Miss Craig and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution to Miss Craig, accompanied by members of her family, congratulated her on her awards and accomplishments in Karate, and wished her well in future athletic and school pursuits. 14 .D. RECOGNIZING MISS KIMBERLEY SUSAN MURPHY FOR HER ACCOMPLISHMENTS IN KARATE Mr. Stith introduced Miss Kimberley Murphy who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Miss Kimberley Susan Murphy will be eighteen years old on July 28, 1999; and WHEREAS, Kimberley is a senior in the Math and Science Program at Clover Hill High School and currently has her First Degree Black Belt in Karate; and WHEREAS, Kimberley has qualified for, competed in and won medals in the AAU State Championships, regional championships and national championships; and WHEREAS, in 1998 Kimberley won both the Silver Medal and the Bronze Medal in Kubudo in the National Championships; and WHEREAS, Kimberley was invited to represent the United States and competed on the United States Karate Team at the World Cup International Karate Tournaments in Budapest, Hungary in December, 1998. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Miss Kimberley Susan Murphy for her athletic ability, citizenship and patriotism, and wishes her well in her future endeavors in Karate and her other school and athletic pursuits. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Miss Murphy and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-80 1/27/99 Mrs. Humphrey presented the executed resolution to Miss Murphy, accompanied by members of her family, congratulated her on her awards and accomplishments in Karate, and wished her well in future athletic and school pursuits. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 99SN0106 In Matoaca Magisterial District, SPRINT PCS requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and setback exceptions. A 144.5 foot communications tower within an existing Virginia Power structure is planned. The density of such amendment will be controlled[ by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. This request lies in an Agricultural (A) District on 0.16 acre fronting approximately 75 feet on the south line of Woodpecker Road, approximately 1,160 feet west of Chestnut Ridge Road. Tax ID 790-621-Part of 7156 (Sheet 49). Mr. Jacobson stated that the applicant has withdrawn Case 99SN0106 from consideration. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board accepted withdrawal of Case 99SN0106. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0125 In Matoaca Magisterial District, DONALD B. HESLEP requested rezoning and amendment of zoning district map from Agricultural (A) to Light Industrial (I-l) . The applicant has agreed to limit uses to office and office warehouse uses. 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 uses. This request lies on 5.2 acres fronting approximately 400 feet on the south line of Hull Street Road, approximately 550 feet west of Cosby Road. Tax ID 716-670-29651 and 4455 (Sheet 19). Mr. Jacobson presented a summary of Case 99SN0125 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He further stated that the proposed request conforms to the Upper Swift Creek Plan. 99-81 1/27/99 Mr. Ed Polaske, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0125 and accepted the following proffered conditions: The public wastewater system shall be used. o Uses shall be restricted to office and office/warehouse. Except for timbering approved by Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. Ail impervious areas shall drain through a BMP unless otherwise approved by the Director of Environmental Engineering. Architectural development on the property shall be compatible in architectural style, materials and colors to the Alta Sterling Apartment's complex developed on adjacent property to the south and west, identified as Tax ID 716-670-1505. Plans and elevations depicting this requirement shall be submitted to the Planning Department for review and approval at the time of site plan review. o Screening screening of loading areas for any self- service storage facility from adjacent properties shall be achieved through the positioning of the self-service storage buildings in a compound like manner such that the walls of building closest to the eastern, southern and western boundary lines shall be generally parallel to such boundary lines. Prior to any site plan approval, one hundred (100) feet of right of way on the south side of Route 360, measured from the center line of that part of Route 360 immediately adjacent to the property, shall be dedicated, free and unrestricted to and for the benefit of Chesterfield County. Direct access from the property to Route 360 shall be limited to one (1) entrance/exit located towards the eastern property line. The Transportation Department shall approve the exact location of this access. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the property to ensure shared use of this access with adjacent properties. 99-82 1/27/99 Prior to issuance of an occupancy permit, an additional lane of pavement (i.e., third through lane) shall be constructed along the eastbound lanes of Route 360 for the entire property frontage. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right of way (or easement) required for this road improvement. This additional lane of pavement shall also serve as a right turn lane. 10. Any freestanding sign shall be of a monument style. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0139 (Amended) In Dale Magisterial District, TRITON PCS, INC. requested Conditional Use and amendment of zoning district map to permit a communications tower and height exception in an Agricultural (A) District. A 145 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 6.1 acres known as 6221 Newbys Bridge Road. Tax ID 755-674-5551 (Sheet 21). Mr. Jacobson presented a summary of Case 99SN0139 and stated that the Planning Commission and staff recommend approval subject to conditions. He further stated that the proposed request conforms to the siting criteria for towers. John Cogbill, Esquire, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board approved Case 99SN0139 subject to the following conditions: The communications tower shall be located as generally depicted on the plan entitlet Disabled A. M. Veterans, RI-1-075A, prepared Clough, Harbour & Associates LLP, revised August 13, 1998. (P) The tower shall be restricted to a maximum height of 145 feet. (P) o A 100 foot buffer shall be maintained on the north, south and west sides of the tower enclosure. Except for one (1) access driveway and utilities which may be extended generally perpendicular through this buffer and the existing tower enclosure to the north, existing healthy trees 2.5 inches in caliper or greater within this buffer shall be preserved and maintained. Existing trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from the 1/27/99 99-83 o request site boundaries to the north, south and west. Any cleared areas of 300 square feet or greater shall be planted with trees of species having an average minimum mature crown spread of thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum density of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department, prior to release of a building permit. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The owner/developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: The tower shall be grey or another neutral color, acceptable to the Planning Department. (P) b o The tower shall not be lighted unless lighting is required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward 1/27/99 99-84 reflection and lighting during night time hours shall be limited to soft blinking lights. (P) C o The tower shall be of a monopole design. (CPC) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) 10. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0154 In Bermuda Magisterial District, DEVRAJ H. DESAI requested rezoning and amendment of zoning district map from Agricultural (A) to Light Industrial (I-l) with Conditional Use to permit a hotel. With approval of this request, other I-1 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 2.3 acres known as 800 Bermuda Hundred Road. Tax ID 820-652-1338 (Sheet 33). Mr. Jacobson presented a summary of Case 99SN0154 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. He further stated that the request conforms to the Eastern Area Land ~se and Transportation Plan. Mr. Devraj Desai stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 99SN0154 subject to the following condition: The architectural treatment of building, including materials, color and style, shall be compatible with building located within the adjacent Riversbend Industrial project. Compatibility shall be achieved tlhrough the use of similar building massing, materials, scale, colors and other 1/27/99 99-85 architectural features. And, further, the Board accepted the following proffered conditions: The public water system shall be used. o Site plans shall be submitted to the Planning Commission for review and approval. At a minimum, Perimeter Landscaping C shall be installed within the setback along Bermuda Hundred Road. The architectural treatment of any hotel shall be as generally depicted in the elevations attached to the "Request Analysis." Specifically, treatment reflected in the elevations depicts a federal style with decorative features and accent corners. Any hotel shall have a "vehicular drop-off" area which shall be covered with a standing seam metal roof having columns to match the decorative features of the main hotel structure. Any building, to include a hotel, shall be constructed of dryvit or similar material and have colors compatible with the colors of buildings located on GPIN 820-653- 2045. Any other building shall have an architectural style compatible with buildings located on GPIN 820-653- 2045. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0155 In Bermuda Magisterial District, LIN-DA GURR AND KATHY JACKSON requested rezoning and amendment of zoning district map from Residential (R-7) to General Business C-5) . 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 use. This request lies on 5.7 acres lying approximately 225 feet off the east line of Jefferson Davis Highway, approximately 250 feet south of Norcliff Road. Tax ID 793-671-Part of 4978 (Sheet 23) . Mr. Jacobson presented a summary of Case 99SN0155 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He further stated that the request conforms to the Jefferson Davis Corridor Plan. Ms. Linda Gurr stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0155 and accepted the following proffered conditions: 1/27/99 99-86 o The public water and wastewater systems shall be used. The following C-5 uses shall not be permitted: a) Cocktail lounges and night clubs b) Fraternal uses c) Liquor stores d) Material aluminum, only reclamation, glass, plastic 1) m) n) o) P) q) r) receiving centers-- and paper products e) Tire recapping and vulcanizing establishments f) Pur dressing and dyeing g) Linoleum, asphalt-felt base and other hard surface floor cover manufacturing h) Mortician's good manufacturing i) Paper recycling by the compaction method j) Rectifying and blending of liquors k) Wholesaling houses and distributors of alcoholic beverages Wine, brandy and brandy spirits manufacturing Dry cleaning plants In addition, the following uses shall not be permitted for as long as adjacent property to the north and east is zoned for residential use:~ Auction sales or salvage barns Motels, motor courts or tourist homes Motor vehicle sales, service, repair and rental Public garages Truck terminals Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0163 In Bermuda Magisterial District, HIKO INC. requested rezoning and amendment of zoning district map from Agricultural (A) to General Industrial (I-2) . Sales, service and warehousing of 1/27/99 99-87 automotive shop equipment is planned. However, with the approval of this request, other I-2 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies on 9.8 acres fronting approximately 330 feet on the north line of Reymet Road, approximately 125 feet west of Jean Drive. Tax ID 796-668-8351 (Sheet 23). Mr. Jacobson presented a summary of Case 99SN0163 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He further stated that the request conforms to the Jefferson Davis Corridor Plan. Mr. Tom Hillsman and Mr. Joe Kooten, partners of Hiko, Incorporated, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0163 and accepted the following proffered conditions: The following uses shall not be permitted as long as adjacent properties to the east or west are zoned for residential or agricultural use: a) Blending, mixing and compounding of manufactured goods. b) Converting paper to paperboard products, paperboard containers and boxes. c) Fabricating sheet metal products. d) Laboratories and other research and development facilities. e) Linoleum, asphalt-feltbase and other hard surface floor cover manufacturing. f) Machine shop. g) Miscellaneous plastic products manufacturing. h) Mortician's goods manufacturing. i) Paper recycling by the compaction method. j) Park and ride lots. k) Photographic and optical goods manufacturing. 1) Printing, publishing and allied industries. m) Rectifying and blending liquors. 99-88 ~/z7/99 n} Recycling and processing of any material permitted to be manufactured in this district. e) Reasting coffee, coffee products and tea manufacturing. p) Underground utility 'uses, except as previded in section 19-181(d), when such uses are located in easements or public road rights-of-way. q) Wine, brandy and brandy spirits manufacturing. r) Cottonseed oil milling. s) Dairy products manufacturing. t) Electric transforming stations. u) Feed and grain storage. v) Macaroni, spaghetti, vermicelli, rigatoni and noodles manufacturing. w) Paint and varnish manufacturing. x) Petroleum products or fuel (gas or liquid) distribution with storage less than 18,000 gallons of liquid or cubic feet of gas. y) Salad dressing manufacturing. z) Shortening, soybean oil, table oils, margarine, vegetable oil and other edible fats and oils manufacturing, excluding animal and marine fats and oils manufacturing. aa) Sugar manufacturing. bb) Textile mill products manufacturing. cc) Tractor-trailer service stations. dd) Truck terminals. ee) Water and wastewater treatment plants. A minimum of a twenty-five (25) foot setback shall be maintained along the eastern property boundary adjacent to Residential (R-7) zoning. Within this twenty-five (25) foot setback, any trees, excluding those that are dead or diseased, that are six (6) inches or greater in caliper shall be maintained (tree preservation area) unless removal is approved by the Planning Commission through site plan review. At such time that improvements are to be installed within fifty (50) feet of the eastern property line, a minimum six (6) foot high solid board fence shall, be installed on the west 1/27/99 99-89 side of the twenty-five (25) foot tree preservation area. The fence may be installed in conjunction with the phasing of the development. The phasing of the fence construction shall be reviewed through the site plan review process. At such time that the adjacent property to the east is zoned for a non-residential use, the setback and fence requirements shall be eliminated. Cedar trees having a minimum initial height of six (6) feet spaced ten (10) feet on center shall be installed along the western property boundary beginning at a point measured sixty (60) feet from the ultimate right of way of Reymet Road northward for a distance of eighty (80) feet. The exact species and spacing shall be determined at the time of site plan review. This landscaping shall no longer be required when the adjacent property to the west is zoned for a non-residential or non-agricultural use. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and approved devices have been installed. No additional impervious areas shall drain through any of the residential lots along Jean Drive to the east of property. Prior to any site plan approval, thirty-five (35) feet of right of way on the north side of Reymet Road, measured from the centerline of that part of Reymet Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. o Direct access to Reymet Road shall be limited to one <1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. Ayes: Daniel, Warren, Barber, Humphrey, and McHaleo Nays: None. 99SN0169 In Bermuda Magisterial District, WILLIS P. BLACKWOOD, MANAGER AND CHESTERFIELD MEADOWS SHOPPING CENTER ASSOCIATES, III, L. L. C., requested amendment to Conditional Use Planned Development (Case 84S082) and amendment of zoning district map to permit medical supplies packaging and forwarding/wholesale business. Conversion of floor space in Chesterfield Meadows Shopping Center for this use 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 community mixed use. This request lies in a Neighborhood 1/27/99 99-90 Business (C-2) District on 4.7 acres fronting approximately 250 feet on the north line of Chesterfield Meadows Drive, approximately 240 feet east of Iron Bridge Road. Tax ID 773- 660-7640 (Sheet 31). Mr. Jacobson presented a summary of Case 99SN0169 and stated that the Planning Commission and staff recommend approval subject to one condition. Mr. Blackwood stated that the recommendation is acceptable. There was no opposition present. After brief discussion, Mr. McHale made a motion, seconded by Mr. Barber, for the Board to approve Case 99SN0169 subject to one condition. Mr. Barber expressed appreciation to Mr. Blackwood for allowing the school system to utilize the subject property in the past. Mrs. Humphrey expressed appreciation to Mr. Blackwood for his support of the school system and other endeavors. Mr. Daniel then called for a vote on the motion made by Mr. McHale, seconded by Mr. Barber, for the Board to approve Case 99SN0169 subject to the following condition: In addition to the uses permitted within Tract E of Chesterfield Meadows by Case 84S082, medical supplies packaging and forwarding/wholesale business use shall be permitted on the request property. (P) (Note: This condition modifies Condition 18 of Case 84S082 relative to uses permitted on the request property only and does not include the entirety of Tract E.) Ayes: Daniel, Warren, Barber, Humpkrey, and McHale. Nays: None. 99SN0181 In Bermuda Magisterial District, COMPSON SHOPPING CENTER LIMITED PARTNERSHIP requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) of 0.66 acre plus proffered conditions on this parcel and an adjacent 0.34 acre parcel currently zoned Community Business (C-3) . Expansion of a shopping center is planned. However, with approval of this request, other C-3 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 1.0 acre fronting approximately 25 feet on the west line of Jefferson Davis Highway, approximately 2,050 feet south of Osborne Road. Tax ID 797-656-5392 (Sheet 32). 99-91 1/27/99 Mr. Jacobson presented a summary of Case 99SN0181 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He further stated that the request conforms to the Chester Village Plan. Ashley Harwell, Esquire, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, Mr. McHale made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 99SN0181 and accept the following proffered conditions: Ail buildings on the property shall meet the requirements for Architectural Treatment outlined in the Development Requirements for Emerging Growth Areas contained in Section 19-595 of the Zoning Ordinance. Ail buildings constructed on the Property shall be compatible in architectural style, materials, colors and details to that constructed on Tax ID 797-956-5542, 6328, 3960, 7216, 9909, 2783, 6278; 798-656-0055, 1616; 798-655-1298; 797-655-7097. o At a minimum, landscaping within the front yard setback along Jefferson Davis Highway shall meet the requirements for Perimeter Landscaping C outlined in Section 19-518(g) of the Zoning Ordinance. o Subject to approval from the power company to relocate the existing power lines along Jefferson Davis Highway, the existing overhead power lines along Jefferson Davis Highway shall be relocated so that the utility poles are setback a minimum of twenty-five feet from the Jefferson Davis Highway right-of-way. o Prior to any site plan approval, sixty (60) feet of right-of-way on the west side of Route 1/301, measured from the centerline of that part of Route 1/301 immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. o No direct access shall be provided from the Property to Route 1/301. The Chesterfield County Transportation Department may modify this restriction if an access is shared with adjacent property. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0184 In Bermuda Magisterial District, AFFORDABLE RESIDENCES IN CHESTERFIELD II requested Conditional Use and amendment of zoning district map to permit Multi-Family Residential (R-MF) 1/27/99 99-92 use in a Community Business (C-3) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Compre[hensive Plan suggests the property is appropriate for general commercial use. This request lies on 5.3 acres lying approximately 90 feet off the west line of Jefferson Davis Highway, approximately 350 feet north of Alcott Road. Tax ID 790-679-Part of 9750 (Sheet 23). Mr. Jacobson stated that he is a member of the Board of Directors of the Richmond Better Housing Coalition and declared a conflict of interest under the Virginia Conflict of Interest Act regarding this request. He further stated that he did not participate in any zoning review concerning this request and excused himself from the meeting. Ms. Beverly Rogers presented a summary of Case 99SN0184 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. She further stated that the request conforms to the Jefferson Davis Corridor Plan. When asked, Ms. Rogers stated that the proposed request represents a major renovation of an older multi-family housing project. Mr. Clark Plaxco, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. Mr. McHale stated that the Winchester Green Project is an example of a promise made by a new developer that is being delivered. He further stated that affordable senior housing being offered is greatly needed in the Jefferson Davis Corridor. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 99SN0184: subject to the following conditions: The following conditions notwithstanding, the textual statement entitled Market Square: Housing for the Elderly at Winchester Green, prepared by The Planning and Design Collaborative, Inc. and revised January 19, 1999, together with Exhibit A, dated November 16, 1998, shall be considered the Master Plan. Provided, however, those portions of the textual statement entitled Section 19-523 Buffer width matrix, Section 19-582 Exceptional development standards in the Jefferson Davis Highway Corridor, and Section 19-583 Setback requirements for O, C, and I-1 Districts within the Jefferson Davis Highway Corridor shall not be considered part of the textual statement. (P & CPC) (Note: This condition Proffered Condition 1.) supersedes the applicant's 99-93 1/27/99 o Parking shall be provided on the basis of 1.0 space per bedroom. (P & CPC) (Note: This condition supersedes the Textual Statement, Section 19-513. Parking spaces required.) And, further, the Board accepted the following proffered conditions: The total number of dwelling units shall not exceed 110. o No building shall exceed a height of three {3) stories. Any open basins required for water quantity or quality control designed to serve the Property shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for the uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. Except for one dwelling unit which may be occupied by a resident manager and his/her immediate family, dwelling units shall be designated for elderly housing. Such units shall meet the occupancy requirements for "age 55 and over" housing as set forth in 33607 of the Fair Housing Act, 42 USCS ~§3601 et. seq., as amended by the Pair Housing Amendments Act of 1988 and 100.304 of Subtitle B - Regulations relating to Housing and Urban Development, Part 100, Subpart E - Housing for Older Persons, 24 CFR CH.1 100.300 et. seq., 4-1-90 Edition in effect as of the date of the rezoning. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel expressed appreciation to Affordable Residences for their development initiatives in the Jefferson Davis Area and suggested that the Board take a tour some time in the future. 16. PUBLIC HEARINGS 16 .A. TO CONSIDER AN AMENDMENT TO THE FY99 BUDGET TO APPROPRIATE UP TO $50,150,000 IN PAYMENT TO AN ESCROW AGENT WHICH WILL BE USED TO REFUND 1990A, 1991, 1992 AND 1997 GENERAL OBLIGATION BONDS AND PAY CLOSING COSTS Mrs. Dickson stated that this date and time has been advertised for a public hearing to consider the appropriation of up to $50.1 million in general obligation refunding bonds. She further stated that the County's financial advisors analyzed the County's portfolio and determined that the market was favorable for refunding. 99-94 No one came forward to speak in favor of or against this issue. After brief discussion, on motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated up to $50,150,000 in payment to the escrow agent for the advance refunding of Series 1990A, 1991, 1992, and 1997 General Obligation Bonds and closing costs; and authorized the County Administrator to execute all closing documents. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16 .B. TO CONSIDER SHOOSMITH BROTHERS, INCORPORATED'S REQUEST TO SITE AND OPERATE A MUNICIPAL SOLID WASTE MANAGEMENT FACILIT~ Mr. Stegmaier stated that this date and time has been advertised for a public hearing to consider Shoosmith Brothers, Incorporated's request to site and operate a municipal solid waste management facility. He further stated that an extensive independent review of Parts A & B of the application has been conducted by County staff; SCS Engineering, the County's consulting engineers; and the Department of Environmental Quality (DEQ) . He stated that the review was a professional, clinical assessment of all the requirements set forth in the County ordinances and the conditions on the case and that staff is confident that the applications meet and, in many instances, exceed the relevant requirements. He then stated that staff has reviewed all documentation which reflects that all of the time lines as set forth in the County ordinances and the proffered conditions have been met. He stated that staff is recommending approval of both the siting and operating applications subject to compliance with Proffered Conditions 21, 22 and 23, which address the Swift Creek Water Quality Monitoring Plan and Addendum, the Odor Management Plan, and the Vibration Management Report. John Cogbill, Esquire, representing Shoosmith Brothers, Incorporated, expressed appreciation to the County staff and consultants. He stated that in May', 1997, the Board approved the request for the conditional use permit on the Shoosmith property subject to five conditions and the acceptance of over twenty proffered conditions. He stated that Shoosmith has worked diligently to meet all of the conditions and requested that the Board approve both the siting and the operations applications. Mrs. Liz Welchons, a resident of Centralia, expressed concerns relative to the odor that comes from the present landfill and stated that she is opposed to the request. Ms. Diana Parker, representing the Falls of the James Sierra Club, expressed concerns relative to the timing of Shoosmith's request and the General Assembly's current consideration of proposed legislation to regulate solid waste management 99-95 1/27/99 including permit applications. She also expressed concerns relative to cluster illnesses, leaking landfills, and groundwater contamination. She stated that she feels safety, health and odor nuisances should be addressed. She further stated that the Falls of the James Sierra Club feels the request should be deferred until the General Assembly has completed legislation and the DEQ has completed its study of State needs. Mr. Willard Childress, a resident of the Matoaca District, expressed concerns relative to air pollution and leaking of pollutants. He stated that the Board is responsible for controls at the landfill including location and safety monitoring. He further stated that the DEQ has no authority other than to see that the minimum standards for a landfill have been met. He referenced population and landfills in other localities. He expressed concerns relative to the location of the new landfill; the timing of the applicant's submittal~ and proffered conditions which, in his opinion, have not been met. He submitted for the record and reviewed a list of ten items that, in his opinion, should be minimum requirements to protect the environment and the surrounding public. He stated that if the request is approved, he strongly recommends that the approval contain these added recommended safety features as a minimum and require that this new landfill meet and adopt any new standards, tests or regulations passed by the State to enhance the control and safety of landfills. Mr. Tracie Patterson, a resident of Fieldstone Subdivision whose property directly adjoins the subject property, expressed concerns relative to the present landfill's odor. He stated that he feels the Board should defer their decision until the General Assembly has made final determinations regarding landfill legislation. Ms. Virginia Bragg referenced an article in the Richmond Times Dispatch and expressed concerns relative to odor; out-of-state trash being shipped in; added stress to roadways; noise levels; restrictions on the sale of the property to large conglomerants not involved in the process; and safeguards to insure that a monopoly does not occur and excessive fees be charged. She stated that she feels it would be prudent for the Board to postpone action until after the General Assembly acts on stronger legislation for State landfills. Mr. Bill Hastings, a resident of the Matoaca District, expressed concerns relative to groundwater contamination. Ms. Cynthia Todd, a resident of the Amstell Bluff Subdivision, expressed concerns relative to the odor from the present landfill; health and safety issues; and the effect of the proposed landfill on neighboring property values. She stated that she is opposed to the request. Dr. Betty Hunter Clapp, a resident of the Clover Hill District, stated that maximum protection is necessary for maximum development. She requested that the Board take under 99-96 /z7/99 consideration the list of minimum requirements submitted by Mr. Childress and that they delay the case until the State completes its assessment of proposed landfill legislation. Mr. Paul Intravia, a resident near the Arbor Landing area, requested that the Board postpone its decision until the General Assembly has acted upon the currently proposed legislation regarding landfills. There being no one else to address this issue, the public hearing was closed. Mr. Cogbill stated that, under the new State law, there will be a requirement for a 98% removal of methane which will assist in the odor issue. He referenced Ms. Parker's remarks regarding a three year moratorium and stated that the length of the moratorium was not three years, but only until the next General Assembly session. He referenced a Bill introduced by Delegate Kirk Cox which allowed projects to continue to proceed in which a notice of intent had been filed before January 1, 1999. He stated that the proposed request does not include the quarry -- it is a two-phase expansion. He referenced Mr. Childress's ten points and stated that Mr. Tom McKinley of Shoosmith Brothers had attempted to meet with Mr. Childress in order to address his concerns. He stated that the issues raised by Mr. Childress are addressed by the DEQ regulations. He further stated that the applicant has attempted to address all concerns including a bioassessment of the water quality plan. He referenced Ms. Bragg's concerns relative to odor and stated that prohibition of out-of-state waste was one of the proffered conditions. He referenced Ms. Todd's and Mr. Patterson's remarks regarding siting and stated that the landfill site has been relocated away from the community and closer to the industrial area of the Shoosmith property. He referenced Mr. Hastings' remarks and stated that eighty-six percent of the waste taken into the present landfill comes from the County. He stated that he feels the questions raised tonight have been addressed and requested that the Board approve the proposed request. There was brief discussion relative to the recommendation of the County's consultant, SCS Engineering. Mr. Pitaro stated that SCS Engineering's recommendation is that Shoosmith's application meets the technical sufficiency for such a landfill being located at the site. When asked, Mr. Cogbill stated that all applications have been approved by the DEQ. Mr. Paul Farrell, the Solid Waste Permit Manager for the State Department of Environmental Quality, stated that the applications submitted to the County were reviewed for approximately 180 requirements; that the applications meet or exceed the minimum Federal and State regulations for landfills; and that all of the requirements have been met. 99-97 1/27/99 There was brief discussion relative to Shoosmith being required to meet landfill requirements approved by the General Assembly in the next several weeks and to the feasibility of these regulations being imposed on existing landfills. Mr. John Daniel, representing Shoosmith Brothers, stated that historically when statutory provisions that require the DEA to adopt new regulatory programs are approved by the General Assembly, they transition in all the older facilities at some point in time. Mr. Daniel stated that it is his understanding that in past practices if new regulations were adopted, there would be a point in time when landfill operations would be required to comply. When asked, Mr. John Daniel stated that he served under Governor Baliles' administration as Secretary of Natural Resources and that during that time, the first solid waste regulations were put into place. Mr. Daniel requested a five minute recess. Reconvening: Mr. Daniel stated that, according to Articles VII and VIII of the Code of Virginia, the siting of the Solid Waste Management Facility would be approved automatically on April 1, 1999 if the County did not take action and the waste material Management and Disposal Plan would be approved on March 2, 1999. He further stated that the County has an obligation to review the material presented and that he supports Shoosmith's applications for siting and operating the solid waste management facility. He stated that, after assessment by the County's Consultants and the DEQ, he believes the planned facility satisfies the criteria of Section 11-75 of the County Code and, therefore, he sees no reason not to support the siting approval. Mr. Daniel then made a motion for the Board to approve Shoosmith Brothers, Incorporated's application for the siting of a municipal solid waste (MSW) facility according to the Code of the County of Chesterfield, Chapter 11, Article VII, subject to compliance with proffered conditions 21, 22 and 23 of the applicable zoning for the property. Mr. Warren seconded the motion made by Mr. Daniel, for the Board to approve Shoosmith Brothers, Incorporated's application for the siting of a municipal solid waste (MSW) facility according to the Code of the County of Chesterfield, Chapter 11, Article VII, subject to compliance with proffered conditions 21, 22 and 23 of the applicable zoning for the property. 99-98 1/27/99 Mr. McHale stated that he does not support Mr. Daniel's motion to accept the application because he does not feel the citizens' concerns have been satisfied. He stated that, at the public hearing for the zoning of the Shoosmith property, substantive health, safety and welfare issues were raised and, at that time, the Board was told that it was a land use issue and the health, safety and welfare issues would be addressed more completely when the siting and operating plans were brought before the Board. He made reference to the concerns expressed by Ms. Welchons, Ms. Parker and Mr. Childress. He stated that he feels the maximum protection issue has not been considered. There was brief discussion relative to wetlands being impacted by landfill operation; definition of wetlands by the Corps of Engineers; and discharge of groundwater into Swift Creek. Ms. Joan Salvati, Water Quality Program Administrator, stated that the discharge of process or waste water is regulated by the DEQ and that Shoosmith currently has discharges that are being monitored by the DEQ. Mr. Paul Manderbell, representing SCS Engineers, stated that once the landfill moves from Phase I into Phase II of the quarry area, groundwater will be collected and sampled. There was brief discussion relative to leaking at the existing landfill and to what constitutes a material violation. When asked, Mr. Pitaro stated that, according to the engineering reports, the water in the quarry is rainwater and runoff water -- it is not underground seepage. Mr. McHale stated that, during dry weather, there are 28,000 gallons per day of water being pumped out of the quarry. He questioned and staff confirmed the notification of the eighty- two adjacent landowners to the property that is the subject of this public hearing. He expressed concerns relative to odor and gases being emitted from the landfill. There was brief discussion relative to the capture and destruction of gases at the landfill facility. Mr. McHale requested that detailed procedures be outlined to resolve issues regarding odor from the landfill. He stated that he does not feel the landfill documents are ready for approval and requested deferral of the request until procedures are put into place. Mrs. Humphrey referenced the commenUs and handouts received by the Board tonight and stated that, if approved by the General Assembly, State guidelines will require a second composite liner. She stated that important issues include the components of the Swift Creek Monitoring Plan and the gas collection system. 99-99 1/27/99 When asked, Mr. Thomas McKinley, representing Shoosmith Brothers, stated that currently there is no generator in place at the landfill but the operating plans submitted include an electrical service with a backup generator. He stated that the number of collection wells has been increased and that February, 2000 is the date for compliance by Shoosmith with the New Source Performance Standards. He further stated that emissions requirements cannot be exceeded for the facility -- the air emissions must be captured. He stated that all landfill operations have a minimum and maximum standard. He further stated that the Swift Creek Monitoring Plan will include three reflective years of compliance. He stated that currently the landfill contains 162 wells. He stated that the new cells will include lateral wells which are considered efficient technology. He further stated that Shoosmith must comply with all existing Federal laws and State requirements on the existing facility. There was brief discussion relative to health risk analysis, reporting of data water quality standards and leachate sampling. Mrs. Humphrey questioned the possibility of catching 100 percent of the landfill gases. When asked, Ms. Salvati stated that she will receive all reports regarding Swift Creek Monitoring data and, if an indication of water quality degradation occurs, there is a procedure outlined to handle this. When asked, Mr. Pitaro stated that any report required by the DEQ is also sent to the Department of General Services within ten days. He further stated that the Department relies on experts for analysis of reports to understand recommendations concerning violations. There was brief discussion relative to the siting of the landfill at least 1,000 feet from the Highlands Community. Mr. Barber stated that, even with recycling, the vast majority of the waste that goes into the landfill is generated by County residents. He further stated that the County removed itself from landfill operation several years ago due to the cost and requirements of technology. He stated that the proposed request meets and, in some cases, exceeds minimum requirements and that he supports Mr. Daniel's motion to approve Shoosmith's siting application. There was brief discussion relative to the bioassessment requirement. Ms. Salvati stated that the water quality is being protected as best as possible. She further stated that chemical monitoring will determine the concentrations of a given number of parameters in the stream on the date of sampling and the bioassessment determines what impacts have occurred on the stream as a result of discharges that have happened over a 1/27/99 99-100 period of time. Mr. Daniel stated that he feels that location is no longer an issue and that the County has lived up to the spirit of zoning by hiring a professional consultant with credentials to deal with landfills. He further stated that the DEQ has approved the application in its current form and offered a suggestion that a clearing house be formed ~zo include a meeting with citizens, staff, and Shoosmith to discuss landfill concerns. Mr. Daniel then called for the vote on the motion made by him, seconded by Mr. Warren, for the Board to approve Shoosmith Brothers, Incorporated's application for siting a municipal solid waste (MSW) facility according to the Code of the County of Chesterfield, Chapter 11, Article VII, subject to compliance with proffered conditions 21, 22 and 23 of the applicable zoning for the property. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: McHale. On motion of Mr. Daniel, seconded by Mr. Warren, the Board approved Shoosmith Brothers, Incorporated's application to operate a municipal solid waste (MSW) facility according to the Code of the County of Chesterfield, Chapter 11, Article VIII. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: McHale. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no remaining mobile home permits and zoning requests. 18. ADJOURNMENT On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adjourned at 10:30 p.m. until February 10, 1999 at 3:00 p.m. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Lane B. Ramsey / County Administratdr 99-101 1/27/99