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02-24-99 MinutesBOARD OF SUPERVISORS MINIJTES February 24, 1999 Supervisors in Attendance: Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny B. Humphrey Mr. J. L. McHale, III Supervisors Absent: Mr. Harry G. Daniel, Chairman Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr Craig Bryant, Dir., Utilities Mr Steven Calabro, Dir., County Airport Mr D. Joe Campbell, Dir., Juvenile Detention Home Ms Marilyn Cole, Asst. County Administrator Ms Becky Dickson, Dir., Budget and Management Ms Lisa Elko, Acting Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr Thomas E. Jacobson, Dir., Planning Mr H. Edward James, Dir., Purchasing Mr Donald Kappe!, Dir., Public Affairs Mr Louis Lassiter, Dir., Internal Audit Ms Mary Lou Lyle, Dir., Accounting Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, Co~]nty Attorney' Mr Richard A. Nunnally, Extension Agent Mr Francis Pitaro, Dir., General Services Ms Sarah Snead, Dir. Social Services Mr James J. L. Stegmaier, Deputy Co. Admin., Management Services 99-137 2/24/99 Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Dr. Robert Wagenknecht, Dir., Libraries Mr. B. R. Wilkinson, License Inspector Mr. Thomas A. Taylor, Dir. Block Grant Office Mr. Warren called the regularly scLeduled meeting to order at 3:30 p.m. 1. APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of February 10, 1999, as submitted. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. ~! Absent: Daniel. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey recognized Ms. Lisa Elko and expressed appreciation for her preparation of the Agenda for the Board meeting. Colonel Baker presented an overview of the events that led to several arrests, including the arrest of Mr. John Yancey Schmitt for two robberies and a homicide at the Bon Air Nation's Bank Branch. He expressed appreciation to the Police Department for their tireless efforts leading to the arrests. He then presented an overview of a Police Department Operation in Ettrick and stated that 800 man hours have been involved since February 1, 1999, resulting in 131 arrests, including a major arrest for armed robbery. He expressed appreciation to the Fire Department for the use of their facilities in Ettrick for the Police Department Operation. Mr. Warren expressed appreciation to Colonel Baker for the Police Department's efforts towards the safety of County citizens. Mr. Barber expressed appreciation for the diligent efforts of the Police Department and the cooperation given to them from other jurisdictions in apprehending the suspect in the Nation's Bank homicide. There was brief discussion relative to response from Ettrick residents to the Police"Departmen~ and the success of the Providence Road Precinct. 99-138 2/24/99 3. BOARD COMMITTEE REPORTS Mr. Barber expressed appreciation for the efforts of County engineers and noted than this week is "National Engineers Week." He stated that Ms. Dickson will be guest speaker at his constituents' meeting on March 1, 1999 regarding the County budget. He further stated that he held a special constituents' meeting on February 15, 1999 relative to regional mass transportation. He stated that approximately 300 people were in attendance and noted that statistics are being compiled relative to the opinions presented on the issue. He further stated that approximately 180 of the surveys distributed at the meeting have been returned. Mr. Warren stated that he sent a letter to Clover Hill residents informing them to contact their legislators regarding the regional mass transportation issue. He further stated that the legislators have received a tremendous response to his letter. Mr. Ramsey stated that the amount of funding requested in the Wa~kins/Marsh Bill has been reduced significantly to $2 million for transit. He further stated that the Bill included a provision whereby each jurisdiction would have to approve any bus route. He stated uhat the proposal that would have given Virginia Department of Transportation the total responsibility for both funding and implementing any public transit system, leaving local governments out, has been eliminated. He further stated that the regional mass transportation issue will be decided upon before the adjournment of the General Assembly on February 27, 1999. Mr. McHale stated that Ms. Dickson was guest speaker at his constituents' meeting on February 22, 1999 regarding the upcoming budget public hearing. He further stated that he will hold a constituents' meeting on March 9, 1999 with guest Recr..at~.on Department to discuss speakers from the Parks and e '~ improvement plans at Goyne Park. Mrs. Humphrey stated that approximately 180 people attended her constituents' meeting held February 18, 1999 relative to an arterial road in the Beach and Winterpock Road area. She stated that she will hold a community meeting on February 25, 1999 relative to a zoning case in the Winterpock area. Mr. Warren stated that he attended the Bexley annual meeting on February 19, 1999 and will be antending the Creekwood Association's Board of Directors meeting on March 2, 1999. REQUESTS TO POSTPONE ACTIO~ ADDITIONS, OR CHANGES IN T~E ORDER OF PRESENTATION After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board added Item 8,D.22., Transfer of Streetlight Funds from the Matoaca District for Construcuing a Security Fence Around Batting Cages at Matoaca Park; added Item 99-139 2/24/99 8.D.23., Authorization to Initiate a Special Exception Amendment for Midlothian American Legion Pest 186 fer Expansion of their Building; added Item 8.D.24., Transfer fer Streetlight Funds from the Midlothian District for Printing and Distributing Domestic Violence Awareness Surveys; deleted Item 15.B., Resolution Recognizing Philip Herris U.S.A. fer Their Contribution te the Fire Department's Fire and Life Safety Training Trailer Preject; and, adepted the Agenda, as amended. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutiens and special recognitions at this time. WORK SESSIONS O FY2000 PROPOSED BUDGET Mr. Stegmaier presented an overview,of the Management Services Division's Budget including totals for Community Services; Courts and Criminal Justice; and Financial and Support Departments. He stated that the Constitutional Officers will also directly address the Board on March 24, 1999 regarding their budgets. He reviewed changes from the FY99 adopted to the FY2000 proposed budgets for the Community Services area including Solid Waste Management; Registrar; and the Airport. He noted that the Airport budget is fully supported by fees paid for services by users of the Airport. He reviewed changes from the FY99 adopted to the FY2000 proposed budgets for the Courts and Criminal Justice area including the Clerk of the Circuit Court; Commonwealth's Attorney; Circuit Court Judges; Magistrate; General District Court; Juvenile and Domestic Relations Court; Sheriff; and Riverside Regional Jail. He reviewed FY99 adopted and FY2000 proposed budgets for Financial and Support servicesDepartments including Management Services; General Services-Administration; General Services-Print Shop; Buildings and Grounds; and Information Systems Technology. He stated that a very detailed plan has been developed for addressing the Y2000 issue and indicated that a status report would be presented to the Board in April. He reviewed the FY99 adopted and FY2000 proposed budgets for Accounting; Internal Audit; Purchasing; Commissioner of Revenue; Treasurer; Construction Management; Risk Management; Assessor; Vehicle Maintenance; and Support Maintenance. He reviewed Strategic Accomplishments under the County's Strategic Goal of World Class Customer Service including Develepment of Custemer Service Indexes; Satisfaction Improvement Plans; and Feedback from Customers. He reviewed Strategic Accemplishments under the County's Strategic Goal of Being the Model for Excellence in Government including Precess Inventories; Success Steries; 99-140 2/24/99 and Awards. He reviewed a chart depicting Internal Audit Dollar Savings. Mr. McHale stated that the Internal Audit Department is working with other departments to help them become more cost effective. Mr. Stegmaier reviewed Strategic Accomplishments under the County's strategic goal of Being the Employer of Choice including TQI Graduates; Employee Development; and Supervisory Assessments. He reviewed future challenges including Communications System Upgrades; Increasing Decentralization of Facilities; Y2K, Internet and Intranet; and Space and Courthouse Complex Improvements. He reviewed the issue of Enhanced Leaf Collection Effort. Mr. Warren stated that the leaf collection effort is a critical concern according to the Citizen Satisfaction Survey. There was brief discussion relative to obtaining outside services for the leaf collection effort and the cost per household for leaf collection. Mr. Stegmaier then reviewed the issue of the Cost of Web- Enabled Applications. Colonel Baker came forward and presented an overview of the Police Deparhment's Budget. He reviewed Accomplishments of the Police Department over the past year including reduction of Uniform Crime Rate (UCR) Part 1 offenses; maintaining the lowest crime rate in the Richmond Metropolitan Area; maintaining the lowest cost per capita in the Richmond Metropolitan Area; implementation of a new Records Management System; opening of a Community Policing Office in Meadowdale; Opening of the Midlothian District Station; obtaining accreditation through the Virginia Law Enforcement Professional Standards; implementation of School Resource Officer Program at all County middle and high schools; implementation of the Success Through Education and Proactive Policing Program in all County elementary schools; and implementation of the Crime Solvers Program in all County high schools. He reviewed financial activity from the FY99 adopted budget and the FY2000 budget. He reviewed Sworn Personnel Growth; Uniform and Investigative Personnel Growth; Increased Calls and Assignments; and UCR Clearance Rate. There was brief discussion relative to the County's UCR Clearance Rate compared to the region. Colonel Baker reviewed 1997 Crime Rates compared with other localities and Cost Per Capita for Law Enforcement Services. He reviewed additional funding requests including Grant Punding; Replacement Vehicles; Position Reclassifications; Salary Adjustments in FY99; and Career Development in FY99. He discussed funding of the Midlothian District Station and reviewed the additional funding request for three additional police officers. He then presented an overview of the Animal Control Department's Budget and stated that the Department's 2/24/99 99-141 goal is to serve and maintain public safety pertaining to animal related ordinances. He reviewed accomplishments of the Department ever the past year including opening of a new shelter; improved customer service; formation of the Chesterfield County Hunlane Society; and the partnership with citizens and schools to provide education. He then reviewed the Department's financial activity including FY99 adopted budget and FY2000 target. He reviewed the increhse in Calls for Service and Animals impounded. Mr. Barber stated that he recently visited the Animal Shelter and that he was very impressed with the facility. Mrs. Humphrey stated that the Humane Society has been a wonderful asset to the County. Mr. Hammer presented an overview of the Human Services FY2000 Budget. He reviewed the increase in services provided by the Community Services Board (CSB) and the FY99 adopted and FY2000 proposed CSB budgets. He reviewed issues of the CSB budget including personnel costs related to fee supported (Medicaid) services; funding for additional CSB Case Managers; and funding for a new Adult Care Residence. He reviewed the Social Services VIEW Caseload; Welfare Reform; and the FY99 adopted and proposed FY2000 budgets of the Social Services Department. He reviewed issues of the Social Services Budget including the need for an additional CPS worker and an additional Senior Eligibility worker; space needs; Security System Card Access System; and a Training and Quality Coordinator. He then reviewed services of the Health Department; the FY99 Adopted and FY2000 proposed Health Department budgets; and issues of the Health Department's budget. He then reviewed the Libraries' services and accomplishments and the FY99 adopted and FY2000 proposed Libraries budget. He stated that a major Libraries budget issue is the age of a large number of the books in the Young Readers Collection. He presented a comparison of materials expenditures per capita in comparable public libraries. He reviewed other Libraries budget issues including the need ho replace old seating, shelving and display tables; and the Meadowdale Branch Expansion not being funded in the Capital Improvements Program. There was brief discussion relative to funding an expansion of the Meadowdale Branch Library. Mr. Hammer reviewed Parks and Recreation's services provided; new facilities; and the FY99 adopted and FY2000 proposed Parks and Recreation budget. He reviewed Parks and Recreation budget issues including maintenance of new and existing parks; capital equipment replacement; replacement and repair of old lighting systems; renovation of existing structures; and the boardwalk replacement at Point of Rocks Park. There was brief discussion relative to funding of the boardwalk replacement at Point of Rocks Park. 99-142 2/24/99 Mr. Hammer reviewed issues of the County Fair budget and services provided by the County Museum. Mr. Ramsey requested that Mr. Hammer conclude the Human Services budget presentation at the Board's budget work session on March 10, 1999 due to time limitations. 7, DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. STREETLIGHT INSTALLATION COST APPROVALS 8.A.1. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Warren, seconded by Mr. McHale, the Board approved the following streetlight installation cost approvals: Bermuda District * Quinnford Boulevard, vicinity of 9113 Cost to install light: $340.53 * Walthall Creek Drive and Woodsedge Road, two lights, Cost to install lights: $127.70 Clover Hill District * Sandy Brook Lane and Sandyridge Parkway Cost to install light: $901.61 Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.A.2, DEFERRED STREETLIGHT INSTALLATION APPROVALS On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following streetlight installation cost approvals: Bermuda District * Mistora Road and South Street No cost to install light * Lucia Drive, vicinity of 16114 No cost to install light * Mimi Avenue, vicinity of 2804 No cost to install light 99-143 2/24/99 * Ida Avenue, vicinity of 2809 No cost to install light * Meridian Avenue, vicinity of 16008 No cost to install light Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.B. AUTHORIZATION TO ENTER INTO A SETTLEMENT AGREEMENT WITH VULCAN MATERIALS COMPANY FOR CONSTRUCTION OF COALBORO ROAD EXTENDED AND APPROPRIATION OF FUNDS Mrs. Humphrey stated that Vulcan has not to date received all the appropriate State and Federal permits to operate the Vulcan Quarry. Mrs. Humphrey then made a motion for the Board to defer the request for authorization for the County Administrator to enter into a settlement agreement with Vulcan until April 28, 1999. There was brief discussion relative to the deferral until after the permit is received putting the settlement agreement in jeopardy. Mr. Micas stated that the motion should both defer this request and delete the Executive Session Item relating to Vulcan vs. Jacobson. Mrs. Humphrey amended her motion to include the deletion of the Executive Session item. There was brief discussion relative to starting a road project prior to Vulcan obtaining a permit to operate a quarry. Mr. Barber stated that The Vulcan issue predates Mrs. Humphrey's term on the Board and evolved from previous actions of previous Boards. Mr. Barber then seconded the motion made by Mrs. Humphrey for the Board to defer the request for authorization for the County Administrator to enter into a settlement agreement with Vulcan until April 28, 1999 and delete Item 11., Executive Session Pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as Amended, for Consultation With Legal Counsel Related to Vulcan vs. Jacobson. Mr. Warren called for a vote on the motion made by Mrs. Humphrey, seconded by Mr. Barber, for the Board to defer the request for authorization for the County Administrator to enter into a settlement agreement with Vulcan until April 28, 1999 and delete Item 11., Executive Session Pursuant to Section 2.1- 99-144 2~24~99 344A.7., Code of Virginia, 1950, as Amended, for Consultation With Legal Counsel Related to Vulcan vs. Jacobson. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.C. AUTHORIZATION TO ADVERTISE FOR FY2000 BIENNIAL FINANCIAL PLAN Ms. Dickson stated that the proposed request is for authorization to advertise the proposed FY2000 Biennial Financial Plan, FY2000-2004 Capital Improvement Program, FY2000 Community Development Block Grant Program and other ordinance changes and setting of a public hearing. She further stated that on February 10, 1999 the Board approved advertising the tax rates for the 1999 tax year at current levels. On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the advertisement of the proposed FY2000 Biennial Financial Plan, FY2000-2004 Capital Improvement Program, FY2000 Community Development Block Grant Program and other ordinance changes and set the date of March 24, 1999 beginning at 7:00 p.m. for public hearings to consider these items. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D. CONSENT ITEMS 8.D.1. AWARD OF CONTRACTS 8.D.l.a. TO ALROD ENTERPRISES FOR INSTALLATION OF WETLANDS MITIGATION On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a contract to Alrod Enterprises, in the amount of $65,696, for the installation of wetlands mitigation in the Bermuda District. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.l.b. TO SOUTHWOOD BUILDERS FOR IMPROVEMENTS AT SWIFT CREEK WATER TREATMENT PLANT On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a contract to Southwood Builders, in the amount of $1,923,000, for the construction of a new laboratory at the Swift Creek Water Treatment Plant; authorized the transfer and appropriation of $275,000 from the water fund balance; and 99-145 2/24/99 authorized the County Administrator to execute the necessary documents. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.l.c. TO MOSELEY HARRIS MCCLINTOCK PC FOR DESIGNING NEW JUVENILE DETENTION CENTER On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a contract to Moseley Harris McClintock PC, in the amount of $822,635, for designing of the new Juvenile Detention Center. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.1 .d. TO MOSELEY HARRIS MCCLINTOCK PC FOR DESIGNING THE NEW COMMUNITY DEVELOPMENT BUILDING On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a contract to Moseley Harris McClintock PC, in the amount of $102,954, for designing of the new Community Development Building. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.2. TRANSFER OF FUNDS 8.D.2.a. FOR CIRCUIT/GENERAL DISTRICT COURT SPACE NEEDS ASSESSMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $75,000 from the Reserve for Future Capital Projects to fund the Circuit/General District Courthouse space needs assessment. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.2 .b. FOR ANALYSIS OF THE FINANCIAL AND HUMAN RESOURCES/PAYROLL SYSTEMS On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred a total of $270,000 from the County and School's Reserve for Future Capital Projects ($150,000 from County; $120,000 from School's) to fund a detailed requirements 99-146 2/2~/99 analysis for the financial and human resources/payroll systems jointly with Schools. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.3. APPROPRIATION OF CASH PROFFERS 8 .D.3 .a. FOR CONSTRUCTION OF BOAT SLIDE AT ROBIOUS LANDING PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $25,000 from the proffer account to Parks and Recreation for the construction of a boat slide and picnic shelter at Robious Landing Park. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.3.b. FOR CONSTRUCTION OF BOAT SLIDE AT LAKE CHESDIN PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $35,000 from the proffer account to Parks and Recreation for the construction of a boat slide at Lake Chesdin Park and reduced the State aid appropriation by $125,000 for this project. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.4. AUTHORIZATION TO EXECUTE AN AGREEMENT WITH MANSFIELD 0IL COMPANY TO RECOUP STATE AND FEDERAL FUEL TAXES On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute an agreement with Mansfield Oil Company to recoup fuel taxes from purchases made for County vehicles. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.5, APPROPRIATION OF FUNDS FOR THE GENITO ROAD AND COURTHOUSE ROAD WIDENING PROJECTS On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated an additional $50,000 from anticipated Virginia Department of Transportation reimbursements for the Genito Road 99-147 2/24/99 and Courthouse Road Widening Projects. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.6. AUTHORIZATION FOR THE COMMUNITY SERVICES BOARD TO APPLY FOR A FEDERAL TRANSIT ADMINISTRATION GRANT FOR PROVIDING TRANSPORTATION SERVICES TO THE DEVELOPMENTALLY DISABLED On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Community Services Board to apply for a Federal Transit Administration Section 5310 Grant, for a total of $118,000 in Federal funding, from the Virginia Department of Transportation to provide transportation services to the developmentally disabled and authorized the Community Services Board to accept and appropriate the funds, if awarded. (It is noted a local match of twenty percent or $23,600 is required for the grant and will be provided from the reserve for replacement vehicles.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.7. AUTHORIZATION FOR THE POLICE DEPARTMENT TO APPLY FOR A DEPARTMENT OF CRIMINAL JUSTICE GRANT FOR CONTINUATION OF THE SCHOOL RESOURCE OFFICER PROGRAM AT L. C. BIRD HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Police Department to apply for a Department of Criminal Justice Services Grant, in the amount of $35,900, for continuation of the School Resource Officer Program at L. C. Bird High School and appropriate the necessary funds ($26,475) when approved. (It is noted a local match of $9,425 is required for the grant and will be provided by the FY99-00 Police operating budget.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.8. AUTHORIZATION FOR THE FIRE DEPARTMENT TO ACCEPT A GRANT FROM PHILIP MORRIS U.S.A. FOR PARTIAL FUNDING OF THE FIRE AND LIFE SAFETY TRAINING TRAILER PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Fire Department to accept a grant from Philip Morris U.S.A., in the amount of $50,000, for partial funding of the Fire and Life Safety Training Trailer Project and 2/24/99 99-148 appropriate the funds. (It is noted there is no local match required for the grant.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.9. 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 Stoney Glen West - Lippingham, Section 2, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Stoney Glen West - Lippingham, Section 2, Bermuda District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Stoney Glen West - Lippingham, Section 2, Bermuda District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Lippingham Drive Length: 0.20 mile From: Lippingham Lane, 0.22 mile northwest of Lippingham Terrace, State Route 4968 To: Existing Lippingham Drive, State Route 4966, at intersection with Lippingham Place, State Route 4965 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Lippingham Lane Length: 0.26 mile From: Cul-de-sac, 0.28 mile northwest of Lippingham Terrace, State Route 4968 To: Existing Lippingham Lane, State Route 4968, 0.02 mile west of Lippingham Terrace, State Route 4968 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Lippingham Circle Length: 0.06 mile From: Lippingham Lane, 0.10 mile northwest of Lippingham Terrace, State Route 4968 To: Cul-de-sac, 0.06 mile northeast of Lippingham Lane Guaranteed Right-of-Way Width: 50 feet. 2/24/99 99-149 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 46 lots. This section of Stoney Glen West - Lippingham is recorded as follows: Section 2, Plat Book 93, Page 51, March 14, 1997. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Bayhill Pointe, Section 4, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Bayhill Pointe, Section 4, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Bayhill Pointe, Section 4, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Buffalo Nickel Drive Length: 0.11 mile From: Existing Buffalo Nickel Drive, State Route 5011, 0.04 mile north of Buffalo Nickel Court, State Route 5012 To: Cul-de-sac, 0.15 mile northwest of Buffalo Nickel Court, State Route 5012 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Buffalo Nickel Place Length: 0.06 mile From: Cul-de-sac, 0.06 mile southwest of Buffalo Nickel Drive To: Buffalo Nickel Drive, 0.08 mile north of Buffalo Nickel Court, State Route 5012 Guaranteed Right-of-Way Width: 50 feet. 2124199 99-150 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 19 lots. This section of Bayhill Pointe is recorded as follows: Section 4, Plat Book 96, Pages 18 and 19, October 31, 1997. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Brookstone Section B Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Brookstone, Section B, Midlothian District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Brookstone, Section B, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Pox Hurst Drive Length: 0.17 mile From: End of section limits, 0.21 mile southwest of Derby Ridge Way, State Route 4124 To: Existing Fox Hurst Drive, State Route 4143, 0.04 mile south of Derby Ridge Way, State Route 4124 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Pox Hurst Place Length: 0.04 mile From: Fox Hurst Drive, 0.13 mile southwest of Derby Ridge Way, State Route 4124 To: Cul-de-sac, 0.04 mile northwest of Fox Hurst Drive Guaranteed Right-of-Way Width: 43 feet. 99-151 2/24/99 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 16 lots. This section of Brookstone is recorded as follows: Section B, Plat Book 92, Page 57, November 25, 1996. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Walton Lake, Section C, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Walton Lake, Section C, Midlothian District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Walton Lake, Section C, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Walton Creek Drive Length: 0.24 mile Prom: Existing Walton Creek Drive, State Route 5304, 0.01 mile southeast of Troon Bay Drive, State Route 5307 To: Cul-de-sac, 0.25 mile southeast of Troon Bay Drive, State Route 5307 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Port Elissa Landing Length: 0.19 mile From: Cul-de-sac, 0.24 mile southwest of Walton Lake Drive, State Route 5300 To: Existing Port Elissa Landing, State Route 5311, 0.05 mile south of Walton Lake Drive, State Route 5300 Guaranteed Right-of-Way Width: 50 feet. 2/24/99 99-152 Name of Street: Mirror Pond Way Length: 0.10 mile From: Cul-de-sac, 0.10 mile west of Port Elissa Landing To: Port Elissa Landing, 0.16 mile southwest of Walton Lake Drive, State Route 5300 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 54 lots. This section of Walton Lake is recorded as follows: Section C, Plat Book 74, Page 47, February 13, 1991. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel 8.D.10. ADOPTION OF RESOLUTIONS 8.D.10,a. RECOGNIZING JEFFREY M. PRISTERA UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Jeffrey M. Pristera, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Jeffrey is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. 99-153 2/24/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Jeffrey M. Pristera and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.10.b. SUPPORTING THE DESIGN OF SMOKETREE DRIVE AND GORDON SCHOOL ROAD SIDEWALK AND BIKE LANE PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Smoketree Drive and Gordon School Road are local subdivision streets; and WHEREAS, Smoketree Drive and Gordon School Road carry traffic volumes which exceed desirable limits for a subdivision street; and WHEREAS, the construction of a sidewalk on Smoketree Drive and Gordon School Road and the construction of a bike lane on Smoketree Drive will help make pedestrian travel along the streets safer; and WHEREAS, the construction of the sidewalk and bike lane is included in the Secondary Road Six Year Improvement Plan for Chesterfield County; and WHEREAS, the Virginia Department of Transportation and the County conducted a public hearing on the design of the sidewalk and bike lane. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors supports the design of the Smoketree Drive and Gordon School Road sidewalk and the Smoketree Drive bike lane as presented and asks that the sidewalk and a bike lane also be constructed from the community association entrance on Smoketree Drive, west approximately three hundred feet. AND, BE IT FURTHER RESOLVED, that the Board desires the construction of the sidewalk and bike lane to proceed as quickly as possible. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-154 2/24/99 8.D.10.c. RECOGNIZING J. G, HENING ELEMENTARY SCHOOL FO~ THEIR PEN PAL PROGRAM WITH USS AIRLEIGH BURKE SAILORS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following resolution: WHEREAS, J. G. Hening Elementary School is located in Chesterfield County; and WHEREAS, the faculty, staff and students of J. G. Hening Elementary School began a "pen pal" program in 1998 with the sailors aboard the Aegis destroyer USS Arleigh Burke (DDG-51); and WHEREAS, letters from J. G. Hening Elementary School lifted the spirits of U.S. sailors serving their country far from home; and WHEREAS, many questions raised by students about the ship were incorporated into lesson plans by J. G. Hening Elementary School teachers; and WHEREAS, the correspondence between the students and the ship's crew benefitted all parties concerned; and WHEREAS, long-lasting bonds of friendship and respect have been established between J. G. Hening faculty, staff and students and the crew of the USS Arleigh Burke; and WHEREAS, such thoughtful and patriotic efforts reflect admirably on the faculty, staff and students of J. G. Hening Elementary School; and WHEREAS, this project deserves suitable recognition. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield Board of Supervisors expresses its recognition of the faculty, staff and students of J. G. Hening Elementary School and its appreciation for their efforts to combine patriotism and support for our armed forces with an innovative manner of enriching the students' academic studies. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.11. APPROVAL OF CHANGE ORDERS 8.D.11.a. FOR THE PARKING LOT PROJECT AT THE WAGNER BUILDING On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a change order, in the amount of $19,206.75, to the 99-155 2/24/99 construction contract with Simons Construction Company, Incorporated for additional work on the new parking lot for the Wagner Building. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.11.b. FOR THE PUBLIC SAFETY TRAINING CENTER AT ENON P~tASE 2 PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a change order, in the amount of $19,122, to J. E. Liesfeld Contractor Incorporated for additional work on the Public Safety Training Center at Enon Phase 2. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.12. APPROVAL OF DONATION OF USED COMPUTER TO YWCA BATTERED WOMEN' S SHELTER On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the donation of a used computer to the YWCA Battered Women's Shelter. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.13. CONVEYANCE OF EASEMENT TO BELL ATLANTIC-VIRGINIA, INCORPORATED TO RELOCATE TELEPHONE CABLES FOR THE JURY DRIVE ROAD IMPROVEMENTS PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated for relocating telephone cables for the Jury Drive Road Improvements Project. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-156 2/24/99 8.D.14. REQUESTS FOR PERMISSION 8.D.14.a. NAP CHESTERFIELD, L.P. TO QUITCLAIM A PORTION OF A SIXTEEN FOOT WATER EASEMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sixteen foot water easement across the property of NAP Chesterfield, L.P., a Georgia Limited Partnership. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.14 .b KIMBERLY M. COLEMAN T0 INSTALL WATER SERVICE WITHIN A TEN FOOT PRIVATE EASEMENT FOR A RESIDENCE AT 15307 HENRICO STREET On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Kimberly M. Coleman to install a private water service for a residence at 15307 Henrico Street and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.14.c. JAMES HARPER AND JULIE HARPER TO HAVE A PORTION OF AN EXISTING DWELLING ENCROACH WITHIN AN EXISTING SIXTEEN FOOT DRAINAGE EASEMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from James Harper and Julie Harper to have a portion of an existing dwelling encroach within an existing sixteen foot drainage easement, 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: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-157 2/24/99 8.D.15. ACCEPTANCE OF PARCELS OF LAND 8.D.15.a. NORTH OF COSBY ROAD FROM OASIS SPORTS COMPLEX, L.L.C. On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of two parcels of land containing a total of 2.46 acres north of Cosby Road (State Route 690) from Oasis Sports Complex, 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: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.15.b. ALONG THE NORTH RIGHT OF WAY LINE OF COMMONWEALTH CENTRE PARKWAY FROM MCDONALD'S CORPORATION · On motion of Mr. McHale, seconded by Mr. Barber, the Board ~ authorized the conveyance of a parcel of land containing 0.0821 acres along the north right of way line of Commonwealth Centre Parkway (State Route 2055) from McDonald's Corporation 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: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.15.c. ALONG OLD STAGE ROAD AND OSBORNE ROAD FROM MOR DEVELOPMENT ASSOCIATES On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the conveyance of two parcels of land containing 0.103 acres along Old Stage Road (State Route 732) and Osborne Road (State Route 616) from Mot Development Associates 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: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.15.d. ALONG OLD STAGE ROAD FROM ERIC HARRISON LEACH On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the conveyance of a parcel of land containing 0.041 acres along Old Stage Road (State Route 732) from Eric Harrison 99-158 2/24/99 Leach 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: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.17. APPROVAL TO DESIGNATE RIGHT OF WAY FOR LUCY CORR DRIVE On motion of Mr. McHale, seconded by Mr. Barber, the Board designated a 4.276 acre parcel of County property right of way for Lucy Corr Drive and authorized the County Administrator to execute the necessary Declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None Absent: Daniel. 8.D.18. APPROVAL OF PRIORITY LIST OF HIGHWAY PROJECTS AND STATEMENT REGARDING CHESTERFIELD'S PRIMARY AND INTERSTATE ROAD CONSTRUCTION NEEDS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the priority list of highway projects; authorized the Chairman of the Board of Supervisors to present the statement regarding Chesterfield's primary and interstate road construction needs at Virginia Department of Transportation's public hearing; and authorized staff to forward the priority list and statement to Chesterfield's Legislative Delegation. (It is noted that a copy of the priority list of highway projects and statement are filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.19. APPROVAL OF LICENSE AGREEMENT WITH AFFORDABLE RESIDENCES IN CHESTERFIELD II FOR A FIRE DEPARTMENT TRAINING EXERCISE AT PARK LEE APARTMENTS On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a License Agreement, in a form approved by the County Attorney, with Affordable Residences in Chesterfield II for the Fire Department to conduct a training exercise at Park Lee Apartments. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-159 2/24/99 8.D.20. AUTHORIZATION TO AID GOODRICH RIVER TRUST IN THE ACQUISITION OF RIGHT OF WAY AND EASEMENTS FOR THE ASHTON CREEK BUSINESS CENTER On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized Right of Way staff to aid Goodrich River Trust in the acquisition of right of way and easements from Roslyn Farm Corporation, subject to the execution of a contract agreeing to pay for all costs. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.21. ACCEPTANCE OF RESIGNATION OF THE CLERK TO THE BOARD AND APPOINTMENT OF AN ACTING CLERK On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the resignation of Tammy Haskins and appointed Lisa Elko as Acting Clerk to the Board. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.22. TRANSFER OF STREETLIGHT FUNDS FROM THE MATOACA DISTRICT FOR CONSTRUCTING A SECURITY FENCE AROUND BATTING CAGES AT MATOACA PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $2,500 from the Matoaca District Streetlight Fund to the Parks and Recreation Department for construction of a security fence around the batting cages at Matoaca Park. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.23. AUTHORIZATION TO INITIATE A SPECIAL EXCEPTION AMENDMENT FOR MIDLOTHIAN AMERICAN LEGION POST 186 FOR EXPANSION OF THEIR BUILDING On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the initiation of an amendment to the Special Exception for the Midlothian American Legion Post 186 in order to expand their building. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-160 2/24/99 8 .D.24. TRANSFER FOR STREELIGHT FUNDS FROM THE MIDLOTHIAN DISTRICT FOR PRINTING AND DISTRIBUTING DOMESTIC VIOLENCE AWARENESS SURVEYS On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $3,600 from the Midlothian District Streetlight Fund to the Domestic Violence Resource Center for printing and distribution of surveys on Domestic Violence Awareness. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.16. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF 0 377 ACRES OF RIGHT OF WAY AND A TEN FOOT EASEMENT ACROSS PROPERTY OF SHIRLEY L. GOUGH After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board deferred authorization for the County Attorney to proceed with eminent domain for the acquisition of 0.377 acres of right of way and a ten foot easement for road improvements to Spring Run Road across property of Shirley L. Gough until March 24, 1999. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. The Board rquested that Mr. Ramsey meet with Mrs. Gough regarding this matter. Mrs. Humphrey recognized two gentlemen from the Midlothian American Legion Post 186 present at the meeting. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS o CONSIDERATION OF CLAIM OF DONALD B. TERRELL FOR BACK PAY AND BENEFITS Mr. Stylian Parthemos, Senior Assistant County Attorney, stated that Mr. Donald Terrell, a former Police Officer with Chesterfield County, has filed a claim for back pay and benefits. He further stated that the County Attorney recommends denial of Mr. Terrell's claim. Roger Williams, Esquire, representing Mr. Terrell, presented an overview of Mr. Terrell's military career, prior to becoming a Police Officer, including numerous duties, activities and awards. He requested that the Board consider Mr. Terrell's background when reviewing the claim. Mrs. Humphrey made a motion for the Board to defer Mr. Donald Terrell's claim for back pay and benefits until March 24, 1999. 99-161 2/24/99 Mr. Barber stated that the issues presented in the staff report appear in order to support the staff and their finding. There was brief discussion relative to the Board's denial being a precondition for Mr. Terrell to file suit in the Circuit Court. Mr. Micas stated that the Board could either consider the claim or deny the claim and allow Mr. Terrell to proceed with his claim through the courts. Mr. Barber made a substitute motion for the Board to deny Mr. Donald Terrell's claim for back pay and benefits. After brief discussion, Mrs. Humphrey withdrew her original motion and seconded the motion made by Mr. Barber for the Board to deny Mr. Donald Terrell's claim for back pay and benefits. Mr. Warren called for a vote on the motion made by Mr. Barber, seconded by Mrs. Humphrey, for the Board to deny Mr. Donald Terrell's claim for back pay and benefits. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: ABANDONMENT LENGTH FOXCROFT, SECTION 6 - (Effective 1/21/99) Foxvale Court (Route 5219) - From 0.12 Mile Southwest Route 5218 to Route 5218 0.12 Mi Foxvale Way (Route 5218) - From Route 5201 to Route 5215 0.29 Mi FOXCROFT, SECTION 7 - (Effective 1/26/99) Fox Club Parkway (Route 5201) - From 0.25 Mile South Route 5207 to Route 5207 0.25 Mi Fox Grove Court (Route 5213) - From 0.05 Mile South Route 5212 to Route 5212 0.05 Mi 2/24/99 99-162 Fox Grove Lane (Route 5212) - From Route 5201 to 0.15 Mile Northeast Route 5201 Fox Grove Place (Route 5214) - From 0.17 Mile Southwest Route 5212 to Route 5212 MEADOW CREEK, SECTION C - (Effective 1/13/99) Creek Meadow Circle (Route 5459) - From Route 5451 to 0.09 Mile North Route 5451 Meadow Glen Lane (Route 5462) - From Route 5459 to 0.08 Mile Northeast Route 5459 Meadow Glen Place (Route 5463) From 0.05 Mile Southeast Route 5462 to Route 5462 Oregon Creek Drive (Route 5451) - From Route 5459 West to Route 5459 East POINT OF ROCKS, SECTION 2 - (Effective 1/15/99) Bermuda Point Court (Route 4382) - From Route 2410 to 0.20 Mile Northwest Route 2410 Cameron Avenue (Route 2417) - From Route 0.12 Mile Southwest Route 823 to 0.03 Mile West Route 823 Santell Drive (Route 4381) From Route 2410 to 0.08 Mile Northeast Route 2410 Traywick Drive (Route 4379) - From Route 2410 to 0.08 Mile Northwest Route 2410 ROBIOUS FOREST, SECTION B - (Effective 1/13/99) Robious Forest Way (Route 4193) - From 0.47 Mile Southwest Route 711 to 0.30 Mile Southwest Route 711 Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 0.15 Mi 0.17 Mi 0.09 Mi 0.08 Mi 0.05 Mi 0.08 Mi 0.20 Mi 0.09 Mi 0.08 Mi 0.08 Mi 0.17 Mi 12. DINNER On motion of Mr. Barber, seconded by Mr. Warren, the Board recessed to the Administration Building, Room 502, for a dinner meeting with members of the Social Services Board. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-163 2/24/99 Mr. McHale welcomed the members of the Social Services Board and introductions were made. Mr. Chris Kollman, Chairman of the Social Services Board, expressed appreciation to the Board for the opportunity to meet and discuss accomplishments, critical issues and needs of the Social Services Department. Ms. Snead presented an overview of programs of the Social Services Department including Day Care; Employment Services; Foster Care; Food Stamps; Medicaid; Temporary Assistance to Needy Families (TANF); and Child Protective Service. There was brief discussion relative to indicators for the upward trend in Child Protective Service referrals. Ms. Snead presented an overview of the number of increased incoming calls to Social Services and the revenues generated through Social Services. She then presented an overview of key accomplishments during 1998-1999. There was brief discussion relative to the ADAPT eligibility automated system and to transportation provided by the Social Services Department. Ms. Snead presented an overview of the results of the Survey of Working Relationships with Community Organizations. She then presented critical issues including Office Space; Recruitment and Retention of Quality Staff; and Administrative Allocations. She presented an overview of Departmental Needs including a Card Access Security System; Training and Quality Coordinator Position; one additional Child Protective Services Social Worker; and one additional Senior Eligibility Worker. She expressed appreciation to the Board, on behalf of the Social Services Board, for the opportunity to discuss these issues. She then presented the success story of a foster child. Mr. Warren expressed appreciation to Mr. McHale for his role on the Social Services Board and to Mr. Kollman, for his many years of public service. It was generally agreed to recess to the Public Meeting Room to continue the regular scheduled meeting. Reconvening: 13. INVOCATION Dr. Wilson Shannon, Pastor of First Baptist Church-Centralia, gave the invocation. 99-164 2/24/99 PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Stith led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS 15 .A. CELEBRATING BLACK HISTORY MONTH WITH MUSICAL SELECTIONS FROM THE FIRST BAPTIST CHURCH-CENTRALIA CHOIR Mr. Stith introduced the First Baptist Church-Centralia Choir to present musical selections in honor of Black History Month. The First Baptist Church-Centralia Choir performed musical selections and a standing ovation by the audience followed. Mr. Warren expressed appreciation to the Choir, on behalf of the Board, for their performance and wished them future success. Mr. Stith introduced members of the Black History Month Committee and stated that the corporate sponsors who participated in the Black History Month Celebration this year contributed over $85,000 for this event. On motion of the Board, the following resolution was adopted: WHEREAS, February is recognized as "Black History Month" and is a time to formally acknowledge the many tremendous contributions of African-Americans to the world and Chesterfield County; and WHEREAS, Chesterfield County values the growing diversity of the population of the County and the diverse composition of the workforce; and WHEREAS, Chesterfield County has been the leader in counties celebrating this worthwhile event for nine years and shows support for the event through its generous contributions and County employee involvement for the event; and WHEREAS, Chesterfield County, with generous support from local businesses and community organizations, such as the National Association for the Advancement of Colored People (NAACP); the Southern Christian Leadership Conference (SCLC); Philip Morris U.S.A.; Virginia Power; Bell Atlantic; Capital One; Crestar Bank; Wachovia Bank; Columbia HCA; IBM; Metro Richmond Retail Merchants Association; E.I. Dupont; Columbia Gas; Circuit City Foundation; McGuire, Woods, Battle & Boothe; Carter Wallace; ABB Power Generation; Heilig Meyers; Land_America Financial Group, Inc.; Chesterfield Towne Center; Shoosmith Brothers, Incorporated; ICI Polyester; Comcast Cablevision; Chesapeake Corporation; William H. Goodwyn, Jr.; DSC Logistics; BB&T; Bank of McKenney; Brown & Williamson 99-165 2/24/99 Tobacco Company; Hewlett-Packard; Allied Signal; Tredegar Industries; Butter worth Furniture; Lucy Corr Nursing Home; Filtrona Richmond Incorporated; Walmart Stores; Hecht's; Ukrops; Robious Sports & Fitness; Weidmuller; GTE Wireless; and Virginia State University have chosen to celebrate the past eight years by providing quality events which include nationally known jazz artists and Motown groups, prominent speakers, educational opportunities, academic scholarships, local drama and singing groups; and WHEREAS, Chesterfield County is holding its Ninth Annual "Black History Month" celebration in 1999 to commemorate the vast accomplishments of African-Americans and the intent of this celebration is to gather all citizens of the County in appreciation of the worthwhile efforts of African-Americans, with special emphasis on celebrating the achievements of those so significant to this great country. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its sincere appreciation to each of its corporate and civic sponsors for their continued support for the County's Black History Month Celebrations and recognizes February as "Black History Month" in Chesterfield County. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mr. Warren presented executed resolutions to Ms. Mary Martin, Chairman of the Black History Month Committee, and also to the Committee members, and commended the Committee for its efforts in this important event. Ms. Martin expressed appreciation to the Board, on behalf of the Black History Month Committee, for their support and presented each Board member with a mug commemorating the Black History Month Celebration. 15.C. RECOGNIZING COLUMBIA GAS OF VIRGINIA AS THE 1999 MEDIUM BUSINESS RECIPIENT OF THE CHESTERFIELD COUNTY BUSINESS APPRECIATION AWARD Ms. Susan Deusebio, Business Development Representative of the Economic Development Department, introduced Mr. Anthony Trubisz, President and CEO of Columbia Gas of Virginia, and Ms. Elizabeth Moran, Manager of Economic Development of Columbia Gas of Virginia, 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 99-166 2~24/99 WHEREAS, Columbia Gas of Virginia is located at 9001 Arboretum Parkway and has supported Chesterfield community activities by co-sponsoring the Virginia Works program; co- sponsoring Richmond Braves baseball tickets for Business Appreciation Week; and sponsoring elected officials at the Chesterfield Business Council Picnic; and WHEREAS, Columbia Gas of Virginia has representatives on the Chesterfield Education Foundation, the Chesterfield Business Council, Ridefinders of Greater Richmond, the John Tyler Community College PEER Consortium, United Way of Central Virginia Older Adults Action Council and the Emergency Shelter, Incorporated; and WHEREAS, through its Education 2000 program, Columbia Gas of Virginia has established a partnership with Reams Road Elementary School where employees volunteer an hour each week to tutor students in reading, math and science and has also established a "lunch buddies" program where volunteers are paired with students and have lunch once a week throughout the school year; and WHEREAS, Columbia Gas of Virginia presents educational programs through its Speakers Bureau and arranges special guest speakers for many school events, recently arranged to have a former astronaut speak with students and awarded a free week at space camp for two students through a company-sponsored school contest; and WHEREAS, Columbia Gas of Virginia is a good corporate citizen, donating surplus office furniture to the Chesterfield Police Department for the substations in Cloverleaf Mall and Meadowbrook Shopping Center and to the Richmond Emergency Shelter for use in their office and in transitional housing for those in need. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Columbia Gas of Virginia and expresses its appreciation, on behalf of the County, for their many contributions by recognizing them as the 1999 Medium Business recipient of the Chesterfield County Business Appreciation and Recognition Award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Columbia Gas of Virginia and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mr. Warren presented the executed resolution to Mr. Trubisz and an engraved silver plate to Ms. Moran, commended Columbia Gas for their many contributions to the County, and congratulated them for being the 1999 Medium Business recipient of the 99-167 2/24/99 Chesterfield Award. County Business Appreciation and Recognition Mr. Trubisz expressed appreciation to the Board for the recognition. 15.D. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 15.D.1. TRAVIS HENRY GRODSKI, TROOP 815 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Travis Henry Grodski, Troop 815, sponsored by Chester United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Travis is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Travis Henry Grodski and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolution and patch to Mr. Grodski, accompanied by his mother, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 99-168 Mr. Grodski expressed appreciation to the Board for the recognition and also to God, his family and fellow Scouts for their support. 15.D.2. JACOB T. J GERARD, TROOP 922 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Jacob T. J. Gerard, Troop 922, sponsored by Bermuda Hundred United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Jacob is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Jacob T. J. Gerard and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolution and patch to Mr. Gerard, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Gerard expressed appreciation to the Board for the recognition and also to God, his Scoutmasters and parents for their support. 99-169 2/24/99 15.D.3. THERAN EDWARD FISHER, TROOP 806 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Theran Edward Fisher, Troop 806, sponsored by Bon Air United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Theran is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Theran Edward Fisher and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolution and patch to Mr. Fisher, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Fisher expressed appreciation to the Board for their support of the Scouting movement. 15.D.4. DAVID M. MATHISEN, TROOP 876 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 99-170 2/24/99 WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. David M. Mathisen, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, David is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. David M. Mathisen and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolution and patch to Mr. Mathisen, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Mathisen expressed appreciation to his Scoutmasters for their support. parents and 15.D.5. MARK J. ROSENDALE, TROOP 876 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least'twenty-one merit badges in a wide variety of fields, serving in a leadership position 99-171 2/24/99 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. Mark J. Rosendale, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Mark is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Mark J. Rosendale and acknowledges the good fortune of ~. the County to have such an outstanding young man as one of its 'citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolution and patch to Mr. Rosendale, accompanied by his mother, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Rosendale expressed appreciation to the Board for the recognition and also to his Scoutmaster, fellow Scouts and his parents for their support. 15.D.6. GREGORY M. WILLIAMS, TROOP 876 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Gregory M. Williams, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought 99-172 z/z /99 goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Gregory is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Gregory M. Williams and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolution and patch to Mr. Williams, accompanied by members of his family, and wished him well in his future endeavors. Mr. Williams expressed appreciation to fellow Scoutmasters and his parents for their support. Scouts, 15.D.7. JAMES W WINSLOW, TROOP 876 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. James W. Winslow, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Will is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. 99-173 2/24/99 NOWr THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. James W. Winslow and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolution and patch to Mr. Winslow, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Winslow expressed appreciation to the Board for the recognition and also to his Scoutmaster and his parents for their support. (It is noted that an executed resolution adopted earlier in the meeting was also presented to Mr. Harry Davis, Scoutmaster of Troop 876, representing Mr. Jeffrey Pristera.) Mr. Barber requested that Mr. Kappel contact the Commonwealth Girl Scouts Council to make them aware of the Board's recognition of the Scouting movement and their willingness to recognize Girl Scouts upon achieving the Gold Award. 16. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES W-HERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES W/{ERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 99SN0235 In Midlothian Magisterial District, MARY ROSS LEE requested a Mobile Home Permit to park a mobile home in a Residential (R-7) District and amendment of zoning district map. The density of this proposal is approximately two (2) units per acre. The Comprehensive Plan suggests the property is appropriate for residential use. This property fronts the west line of Railroad Avenue, approximately 260 feet north of Westfield Road and is better known as 1320 Railroad Avenue. Tax ID 728-709- 3772 (Sheet 7). Mr. Jacobson presented a summary of Case 99SN0235 and stated that staff recommends approval for seven years, subject to conditions. Ms.. Anita Cleary, accompanied by Ms. Mary Ross Lee, stated that the recommendation is acceptable. There was no opposition present. 99-174 2/2~/99 Mr. Barber expressed appreciation to Mr. Bill Poole, Assistant Director of Planning, and to Ms. Cteary for their support of Ms. Lee during her time of crisis; and also to Trinity United Methodist Church for payment of the fee for Ms. Lee's mobile home permit request. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0235 for seven (7) years, subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. o No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. o The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than twenty (20) feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the office of Building Inspections. This shall be done prior to the installation or relocation of the mobile home. o Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Ms. Cleary, on behalf of Ms. Lee, expressed appreciation to Trinity United Hethodist Church for payment of the fee for her mobile home permit request. 99SN0112 (Amended) In Matoaca Magisterial District, BAY HILL DEVELOPMENT requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-25) . A single family residential subdivision with a minimum lot size of 25,000 square feet is planned. Residential use of up to 1.74 units per acre is permitted in a Residential (R-25) District. The applicant has agreed to limit development to a maximum of 65 lots, yielding 99-175 2/24/99 a density of approximately 0.49 units per acre. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies on 132.5 acres fronting in two (2) places for a total of approximately 800 feet on the west line of Second Branch Road, approximately 2,800 feet south of Beach Road. Tax ID 733-649-8017 (Sheets 29 and 38). Mr. Jacobson presented a summary of Case 99SN0112 and stated that the applicant is requesting a deferral to April 14, 1999. Mr. Andy $cherzer, representing the applicant, requested a deferral to April 14, 1999. Mrs. Humphrey stated that there are still issues remaining with the proposed request that need to be resolved relating to the Thoroughfare Plan and the the land use component of the Southern and Western Area Plan. Mrs. Humphrey then made a motion for the Board to remand Case 99SN0112 to the Planning Commission; request that the Planning Commission delineate along property lines the boundary between the rural conservation area and the planned residential area located between Second Branch Road and Carter's Mill and the Second Branch Subdivisions on the Southern and Western Area Plan; and request that the Planning Commission consider deletion of the east-west arterial road between Second Branch and Riverway Roads on the Thoroughfare Plan. Ms. Diana Parker, representing the James River Sierra Club, expressed concerns that the rural Conservation Area designated on the Plan may be changed and stated that she feels the Board should further review the Planning staff's recommendation for denial of this request. Mr. A. D. Talbott from the Midlothian District, who also operates a farm in the Matoaca District, stated that he is opposed to remanding the case to the Planning Commission. Mrs. Humphrey stated that, when asked at her constituents' meeting on February 18, 1999, she stated that three Board members were receptive to addressing the arterial road concern associated with the proposed request. She then stated that her motion remains the same. Mr. McHale seconded the motion made by Mrs. Humphrey for the Board to remand Case 99SN0112 to the Planning Commission; request that the Planning Commission delineate along property lines the boundary between the rural conservation area and the planned residential area located between Second Branch Road and Carter's Mill and the Second Branch Subdivisions on the Southern and Western Area Plan; and request that the Planning Commission consider the deletion of the east-west arterial road between Second Branch and Riverway Roads on the Thoroughfare Plan. 99-176 2/24/99 Mr. Warren called for the vote on the motion made by Mrs. Humphrey for the Board to remand Case 99SN0112 to the Planning Commission; request that the Planning Commission delineate along property lines the boundary between the rural conservation area and the planned residential area located between Second Branch Road and Carter's Mill and the Second Branch Subdivisions on the Southern and Western Area Plan; and request that the Planning Commission consider the deletion of the east-west arterial road between Second Branch and Riverway Roads on the Thoroughfare Plan. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 98SN0157 In Clover Hill Magisterial District, RUDOLPH CONSTRUCTION CO. requested rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12) . A single family residential subdivision with a minimum lot size of 15,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has agreed to limit development to a maximum of sixteen (16) lots, yielding a density of 2.35 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 6.8 acres fronting approximately 700 feet on the west line of Clintwood Road, approximately 150 feet north of Dumaine Drive, also located at the western terminus of Dumaine Drive. GPIN 742-687-5026, 5864, 7824 and 7941 (Sheet 14). Mr. Jacobson presented a summary of Case 98SN0157 and stated that Mr. Warren is requesting a deferral to April 14, 1999. Mrs. Humphrey left the meeting. Mr. Andy Scherzer, representing the applicant, stated that the request for deferral is acceptable. There was no one present to speak for or against the deferral. On motion of Mr. Warren, seconded by Mr. McHale, the Board deferred Case 98SN0157 until April 14, 1999. Ayes: Warren, Barber, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey returned to the meeting. 99-177 2/24/99 99SN0141 (Amended) In Bermuda Magisterial District, J. K. TIMMONS requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15). A single family residential subdivision with a minimum lot size of 15,000 square feet is planned. Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The applicant has agreed to limit development to a maximum of 450 lots, yielding a density of approximately 1.7 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies on 259.7 acres fronting approximately 4,500 feet on the east line of Branders Bridge Road, approximately 1,300 feet north of Treely Road and located at the western termini of Hickory Glen and Twin Cedars Roads. Tax ID 786-642-8969 (Sheet 4~) . Mr. Jacobson stated that the applicant has amended its application relative to the maximum number of dwelling units subsequent to the advertisement of the Case and that the Board must defer Case 99SN0141 to give the Planning Department the opportunity to readvertise. He further stated that staff is requesting a deferral to April 14, 1999. Mr. McHale stated that Mr. Autrey, representing the applicant, notified him that the request for deferral is acceptable. There was no one present to speak for or against the deferral. After brief discussion, on motion of Mr. McHale, seconded by Mr. Warren, the Board deferred Case 99SN0141 until April 14, 1999. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0143 In Midlothian Magisterial District, W. J. RAPP, JR. requested amendment to Conditional Use Planned Development (Case 85S053) and amendment of zoning district map to permit Community Business (C-3) uses in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for suburban commercial use. This request lies on 2.7 acres known as 14300 Midlothian Turnpike. Tax ID 723-709-6425 (Sheet 7) . .Mr. Jacobson presented a summary of Case 99SN0143 and stated that Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Midlothian Area Community Plan. 99-178 2/24/99 Mr. Jim Theobold, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0143 and accepted the following proffered conditions: Use Restrictions. permitted: The following uses shall not be a o Motor vehicle sales and/or rental; Cocktail lounges and nightclubs; Feed, seed and ice sales; Fraternal uses; Greenhouses or nurseries; Indoor flea markets; or Secondhand and consignment stores. Transportation. Prior to issuance of an occupancy permit for any C-3 use, other than indoor recreational and sporting goods sales in the existing 8,000 square foot building identified and shaded on the Master Plan as approved for Case 85S053, the crossover on Route 60 that aligns access to the Property shall be closed, if approved by the Virginia Department of Transportation. o Perimeter landscaping C (option 1) shall be required as a minimum standard for perimeter landscaping within the setback from Midlothian Turnpike. Prior to installation of such landscaping, a plan shall be submitted to the Planning Department for review and approval. The approved landscaping shall occur prior to June 1, 1999. Ayes: Warren, Barber, Humphrey, and McHaleo Nays: None. Absent: Daniel. 99SN0173 In Dale Magisterial District, DAVID GREGORY, TRITON PCS, INC. AND JOHN BRENKUS, TRITON PCS, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height and setback exceptions in Residential (R-12) and Agricultural (A) Districts. A 115 foot communications tower incorporated into 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 1.00 to 2.5 units per acre. This request lies on 6.2 acres lying at the western terminus of Jacobs Road, also located at 5251 Newbys Wood Trail. Tax ID 756-682-3138 and 6856 (Sheet 14). 99-179 2/24/99 Mr. Jacobson presented a summary of Case 99SN0173 and stated that Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. Mr. Warren stated that Mr. Daniel was not able to attend the meeting and that due to some questions from citizens, Mr. Daniel had instructed him to defer the request until April 14, 1999. Mr. David Ednie, President of the Board of Directors for the Creekwood Honeowners Association, expressed concerns relative to commercial development on Newbys Bridge Road and stated that he does not object to the deferral. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board deferred Case 99SN0173 until April 14, 1999. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0183 In Midlothian Magisterial District, HUGUENOT ROBIOUS ASSOCIATES, L. C. requested rezoning and amendment of zoning district map from Agricultural (A) to Corporate Office (0-2) with Conditional Use to permit warehouse use and with Conditional Use Planned Development to permit two (2) dwelling units for the owner/operator of the business and a setback exception. 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 3.8 acres fronting approximately 990 feet on the south line of the Norfolk Southern Railroad right- of-way, approximately 410 feet west of Cranbeck Road. Tax ID 741-714-Part of 6684 (Sheet 3). Mr. Jacobson presented a summary of Case 99SN0183 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. He noted that the request conforms to the Northern Area Land Use and Transportation Plan. Mr. Jim Theobold, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0183 subject to the following condition: 99-180 2124199 In conjunction with approval of this request, a twenty (20) foot exception to the forty (40) foot rear yard setback requirement shall be granted. (P) And, further, the Board accepted the following proffered conditions: Master Plan. The site plan prepared by J. Calvin Holcombe, entitled ~Phases Three & Four, Huguenot- Robious Mini Storage, Chesterfield County, VA" dated November 12, 1998 shall be considered the Master Plan. o Architecture. Any structure developed on the Property shall be compatible in architectural style, materials and colors to the existing Huguenot-Robious Mini Storage facility on adjacent property to the west identified as Tax ID 741-715-5012. Plans and elevations depicting this requirement shall be submitted to the Planning Department for review and approval at time of site plan review. No Business Operation. No tenant or customer of any mini-storage warehouse unit located on the Property shall be allowed to operate a business on the site. o Use. Permitted uses shall be limited exclusively to a mini-storage warehouse facility and one additional dwelling unit for the owner/operator of the business. ° Hours of Operation. The mini-storage warehouse facility shall not be open to the public between the hours of 9:00 p.m. and 7:00 a.m. Stormwater Runoff. Stormwater runoff shall be retained based upon the ten (10) year post-development rate and released based upon the two (2) year pre-development rate, and stored based upon the one hundred (100) year post development while releasing at a one hundred <100) year pre-development rate. This condition may be modified at the request of the developer by the Department of Environmental Engineering at the time of Site Plan review. o Screening. Screening of loading areas for any mini- storage warehouse facility from adjacent properties shall be achieved through the positioning of the mini- storage buildings in a compound-like manner such that the walls of buildings closest to the eastern, southern and western boundary lines shall be generally parallel to such boundary lines. Should there be any openings between ends of buildings at the eastern end of the Phase Four portion of the development as shown on the Master Plan, such openings shall be screened by a wall made of a material compatible to that of the buildings. If, in the future, existing vegetation is removed from the property which adjoins the northern boundary of the request site (i.e., between the northern property line 99-181 and Huguenot Road), evergreen trees and shrubs shall be planted between the northern property line and the warehouse buildings. These plantings shall be placed where space permits including, but not necessarily limited to, the areas within the indentations of the exterior building wall facing the northern property line. o Prohibition on Materials Stored. No mini-storage warehouse facility shall permit the storage of flammable, hazardous, radioactive, illegal or any other similar materials on site. Severance. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. 10. Storm Water Retention Facilities. Any facilities required for water quantity or quality control shall be visually enhanced with landscaping. At time of site plan review, a plan depicting such landscaping shall be submitted to the Planning Department for review and approval. 11. Public Utilities. be used. The public waste water system shall 12. Additional Landscaping. Prior to the issuance of a certificate of occupancy for Phase Four as shown on the Master Plan, within the required setback for the rear boundary adjacent to Chesterfield County Tax ID 742-715- 7541, 742-715-7658, and 742-715-6929, the Developer will provide Perimeter landscaping B (option I); however, the requirement for evergreen plantings shall be met by the planting of leyland cypresses along such rear boundary adjacent to Chesterfield County Tax ID 742-715-7541, 742-715-7658 and 742-715-6929, such plantings to be staggered no farther apart than ten (10) feet on center and to be a minimum of six (6) feet in height at the time of planting. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0187 In Midlothian Magisterial District, CHESTERFIELD POLICE AND CHESTERFIELD FIRE requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in an Agricultural (A) District. A 413 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 2/24/99 99-182 appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 3.0 acres fronting approximately 25 feet on the south line of Route 324, approximately 1,600 feet east of Old Bon Air Road. Tax ID 752-713-Part of 1011 (Sheet 3). Mr. Jacobson presented a summary of Case 99SN0187 and stated that Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the siting criteria for towers. Mr. Robert Eanes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0187 subject to the following conditions: The tower shall only be permitted as a replacement of the existing County tower currently located in proximity to the request property. A phasing plan for this replacement shall be submitted to the Planning Department for review and approval in conjunction with site plan review. (P) There shall be no signs permitted to identify the tower use. (P) The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. P) In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer of equipment that is not part of the County system shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communication and Electronic staff. (SS) 99-183 2/24/99 o o The owner/developer of equipment that is not part of the County system shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. The tower shall not be lighted unless lighting is required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) o Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) 10. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) 11. In conjunction with the approval of this request, a 263 foot exception to the 150 foot height' limitation for communications towers in Agricultural (A) Districts shall be granted. (P) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey expressed appreciation to Mr. Robert Eanes for his diligent efforts towards siting of Police and Fire Department towers. 99-184 2/24/99 99SN0188 In Clover Hill Magisterial District, CHESTERFIELD POLICE AND CHESTERFIELD FIRE requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in Agricultural (A), General Business (C-5) and Light Industrial (I-l) Districts. A 513 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 light industrial use. This request lies on 83.2 acres known as 3204 Warbro Road. Tax ID 735-686-2193 (Sheet 13). Mr. Jacobson presented a summary of Case 99SN0188 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the siting criteria for towers. Mr. Robert Eanes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved Case 99SN0188 subject to the following conditions: The tower shall only be permitted as a replacement of the existing County tower currently located on the request property and shall be located generally as depicted on the plan entitled Proposed New Tower for Northern Area Landfill, received January 6, 1999. A phasing plan for this replacement shall be approved by the Planning Department. (P) o The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) o In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. (P) o Communications equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. AE the time of site plan review, the owner/developer of equipment that is not part of the County system shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if any engineering study should be performed to analyze the 99-185 2/24/99 possibility of radio frequency interference with the County system based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) o The owner/developer of equipment that is not part of the County system shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) o The treatment, color and lighting system for the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. The tower shall not be lighted unless lighting is required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) 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) 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.) With the approval of this request, a 363 foot exception to the 150 foot height limitation for communications towers in Agricultural (A), General Business (C-5) and light Industrial (I-l) Districts shall be granted. (P) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-186 2/24/99 99SN0196 In Matoaca Magisterial District, BILL PECORARO requested amendment to Conditional Use Planned Development (Case 85S035) and amendment of zoning district map to allow a veterinary hospital. 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 Light Industrial (I-l) District on 0.9 acre fronting approximately 350 feet on the east line of Chital Drive, approximately 400 feet south of Hull Street Road. Tax ID 726-671-9059 (Sheet 20). Mr. Jacobson presented a summary of Case 99SN0196 and stated that the Planning Commission and staff recommend approval subject to one condition. He noted that the request conforms to the Upper Swift Creek Plan. Dr. Steven Brandt, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0196 subject to the following condition: In addition to uses currently permitted on the property, a veterinary hospital shall also be permitted. (P) (NOTE: This condition is in addition to CONDITIONS FOR PARCEL D of Case 85S035, Textual Statement relative to uses, for the request site only.) (NOTE: Ail other conditions of zoning approval for Case 85S035 remain in effect. Conditions of Case 85S035 prohibit outdoor runs or other outdoor activities except for parking, loading and unloading.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0198 In Bermuda Magisterial District, TRITON PCS INC. (LARRY HORTON) requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower plus height exception. A 160 foot communications tower incorporated into an existing water tank 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 general commercial use. This request lies in a Residential (R-7) District on 1.1 acres fronting approximately 200 feet on the north line of Norcliff Road, approximately 600 feet east of Pams Avenue. Tax ID 794-672- 99-187 2/2 /9 5174 and 5876 and 6676 (Sheet 23). Mr. Jacobson presented a summary of Case 99SN0198 and stated that the Planning Commission and staff recommend approval subject to conditions. He further stated that subsequent to the Planning Commission's action on this case, the applicant reviewed in more detail Condition 9, regarding the necessity to screen the antennas and has requested that Condition 9 be modified to establish a time period of one year for the Commission to make a decision relative to the necessity to screen the antennas. He noted that the request conforms to the siting criteria for towers. There was brief discussion relative to the necessity to suspend the rules to accept the modification in Condition 9 and it was agreed that the suspension was not necessary. Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 99SN0198 subject to the following conditions: There shall be no signs permitted to identify this use· (P) Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit to the Planning and Utilities Departments documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning and Utilities Departments. P and U) o The communications tower use and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System and the Utilities Department 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 and Utilities Department staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County systems, based upon the frequencies and effective radiated power generated by tower- mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff and Utilities Department staff. (GS and U) 99-188 o o The owner/developer of non-County communications equipment shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System and Utilities Department communications system caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff or Utilities Department staff. (GS and U) The color and lighting system for the communications tower use shall be as follows: a o The communications equipment (antennas, mounting hardware, cabling, etc.) mounted on the outside of the water tank structure shall be the same color as the water tank. Any lighting required by FAA shall be restricted as follows: lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection; and lighting during night time hours shall be limited to soft blinking lights. (P) Ail driveways and parking areas shall be graveled or paved and shall be maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and public rights of way. This condition would not require screening for the tower or tower-mounted equipment or for ground- mounted equipment cabinets.) At such time that the communications tower use ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer of the communications equipment shall dismantle and remove the antennas and all associated equipment from the property. (P) The communications tower use shall be permitted only if it is incorporated into the structure of the existing water tank. Antennas shall be mounted on the safety rail of the tank. Within one (1) week of the completion of the installation of the antennas, the owner/developer shall provide written notice to the Planning Department that the installation has been completed and the date of the completion. The antennas shall not be screened 2/24/99 99-189 unless within one (1) year of the date of completion of the installation of the antennas, there is a decision by a majority of the Planning Commission that screening is necessary to mitigate the visual impact of the antennas. If there is a decision by the Planning Commission that screening is necessary, the exact method of screening shall be approved by the Planning Commission. Ail cabling shall be housed in conduit or otherwise shielded from view. (P & CPC) 10. In conjunction with the approval of this request, 110 foot exception to the fifty (50) foot height limitation for communications towers in a Residential (R-7) District shall be granted. (P) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. i~i 99SN0207 In Midlothian Magisterial District, TRITON PCS, INC. (LARRY HORTON) requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in Agricultural (A) and Residential (R-7) Districts. A 225 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 15.5 acres known as 23 and 25 Sesame Street. Tax ID 743-711-5761 and 7937 (Sheet 8). Mr. Jacobson presented a summary of Case 99SN0207 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the siting criteria for towers. Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved Case 99SN0207 subject to the following conditions: 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) o There shall be no signs permitted to identify this use. (P) .Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit 2/24/99 99-190 o o o documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted, to the Planning Department. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower- mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. {GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. bo The tower shall not be lighted unless lighting is required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 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.) 99-191 2/24/99 o At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) 10. In conjunction with the approval of this request, a seventy-five (75) foot exception to the 150 foot height limitation for towers in Agricultural (A) Districts shall be granted. (P) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0214 In Bermuda Magisterial District, LARRY HORTON, TRITON PCS, INC. AND JOHN BRENKUS requested amendment to Conditional Use Planned Development (Case 96SN0203) and amendment of zoning district map to permit a communications tower with height exception in a General Industrial (I-2) District. A 199 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for moderate industrial use. This request lies on 5.0 acres fronting 2 places for a total of approximately 800 feet on the north line of Bermuda Hundred Road, also fronting approximately 850 feet on Route 1-295 and located in the northeast quadrant of the intersection of these roads. Tax ID 823-654-Part of 1301 (Sheet 33). Mr. Jacobson presented a summary of Case 99SN0214 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the siting criteria for towers. Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0214 subject to the following conditions: The plan entitled Triton PCS, Inc. Meadowville Raw Land RI-1-152, received by the Planning Department on January 27, 1999, shall be considered the Master Plan. (P) (NOTE: This condition is in addition to the Conditions of zoning approval for Case 96SN0203.) o The communications tower shall be of a monopole design. (P) 99-192 2/2~/99 (NOTE: This condition is in addition to Textual Statement/Conditions for Case 96SN0203, Condition 5. E.) o With the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation for towers shall be granted. (P) (NOTE: This condition modifies Textual Statement/Conditions for Case 96SN0203, Condition 4, relative to the height of towers for this request only and does not apply to other towers.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 17. PUBLIC HEARINGS There were no public hearings at this time. 18. REMAINING MOBILE HOME PERMITS A~ND ZONING REQUESTS 99SN0172 In Bermuda Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requested rezoning and amendment of zoning district map from Residential (R-7) to Multi-Family Residential (R-MF) with Conditional Use Planned Development to permit a child day care center and bulk exceptions. Residential development would be limited to a maximum of 232 units, yielding a density of approximately 9.1 units per acre. There will be no increase in the number of units currently existing on the property. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 8.0 units per acre. This request lies on 25.6 acres fronting approximately 710 feet on the east line of South Chester Road, approximately 1,100 feet south of Curtis Street. Tax ID 790-650-8154 (Sheets 32 and 41). Mr. Jacobson presented a summary of Case 99SN0172 and stated that Planning Commission recommends approval subject to conditions and acceptance of the proffered conditions and that staff had recommended approval subject to conditions ane acceptance of the proffered conditions limiting the density of 8.0 units per acre. There was brief discussion relative to the proposed request allowing renovations to improve the subject property and bringing the existing development into conformance with zoning decisions made by previous Boards of Supervisors. Mr. Philip de Rome, representing the applicant, stated that the Planning Commission's recommendation is acceptable. 99-193 2~24~99 There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0172 subject to the following conditions: The plan prepared by E.D. Lewis and Associates, P.C. dated March 28, 1998, with a revision date of May 27, 1998, shall be considered the Master Plan and the summary, submitted with the application, dated August 28, 1998, shall be considered the Textual Statement. In general, any new or redevelopment of the site shall comply with the Master Plan and Textual Statement, except as modified herein. (P) (NOTE: Except as modified by the Master Plan, Textual Statement and conditions herein, development must conform to the R-MF standards of the Zoning Ordinance.) o Except where the R-MF standards are more restrictive, any child care use shall conform to the requirements of the Zoning Ordinance for Neighborhood Office (O-1) Districts in Emerging Growth Areas. (P) And, further, conditions: the Board accepted the following proffered Direct access from the property to South Chester Road shall be limited to one (1) entrance/exit. The access shall be the existing entrance/exit from the property to South Chester Road unless otherwise approved by the Transportation Department. o A maximum of 232 dwelling units shall be permitted on the property. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0189 In Matoaca Magisterial District, CHESTERFIELD POLICE AND CHESTERFIELD FIRE requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in an Agricultural (A) District. A 413 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots. This request lies on 7.0 acres known as 11730 River Road. Tax ID 746-630-2124 (Sheet 47). Mr. Jacobson presented a summary of Case 99SN0189 and stated that the staff had recommended that the tower be relocated to a heavier wooded parcel farther off River Road consistent with the other towers that the County has approved along major 2/24/99 99-194 arterial roadways. He further stated that the Planning Commission recommended approval after receiving confirmation of no opposition in the area, realizing that the tower is a critical part of the County's Emergency Communications System, the necessity for a replacement tower, and conditions requiring the tower to be located approximately 500 feet from River Road. Mr. Robert Eanes, representing the applicant, stated that the Planning Commission's recommendation is acceptable. There was no opposition present. Mrs. Humphrey stated that there is no community opposition to this request and that there has been a request to name the tower in honor of Mr. Melvin Branch, a former volunteer at Phillips Fire Station. She requested that Mr. Eanes initiate the process for the naming of the tower for Mr. Branch. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 99SN0189 subject to the following conditions: The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line te accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground-mounted equipment or structures from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review (P) . (NOTE: This condition is in addition to Proffered Condition 1.) In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. (P) o The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer of equipment that is not part of the County system shall submit information as deemed necessary by the Chesterfield County Communications and Electronics Staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required shall be submitted to, and approved by, the 2/24/99 99-195 o o o 10. Chesterfield County staff. (GS) Communications and Electronics The owner/developer of equipment that is not part of the County system shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. b ° The tower shall not be lighted unless lighting is required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with 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 level from adjacent properties and public rights of way. Screening would not be required of the tower or tower- mounted equipment.) 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) With the approval of this request, a 263 foot exception to the 150 foot height limitation for towers in Agricultural (A) Districts shall be granted. (P) The tower shall only be permitted as a replacement of the existing County tower currently located on the property. A phasing plan for this replacement shall be submitted to the Planning Department for review and approval in conjunction with site plan review (P) . 99-196 2/24/99 11. There shall be no signs permitted to identify this use. And, further, conditions: the Board accepted the following proffered The tower enclosure shall be located in the northeast corner of the request property, within 100 feet of the northern and eastern property boundaries. 0 The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground-mounted equipment or structures from adjacent properties. In addition, a fifty (50) foot wide planting strip shall be provided on the north and east sides of the fenced enclosure. This planting strip shall be planted with one (1) year old pine seedlings, spaced ten (10) feet on centers throughout the planting strip, and providing at maturity a density of at least one (1) tree per 100 square feet. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0202 In Matoaca Magisterial District, CHESTERFIELD POLICE AND CHESTERFIELD FIRE requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height and setback exceptions in an Agricultural (A) District. A 193 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots. This request lies on 1.3 acres known as 21101 Chesdin Road. Tax ID 769-607-7067 (Sheet 52). Ms. Beverly Rogers presented a summary of Case 99SN0202 and stated that the Planning Commission and staff recommend approval subject to conditions. She noted that the request conforms to the siting criteria for towers. Mr. Robert Eanes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. 99-197 2/24/99 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0202 subject to the following conditions: The tower shall only be permitted as a replacement of the existing 160 foot antenna currently located on the property. A phasing plan for this replacement shall be approved by the Planning Department. (P) 0 There shall be no signs to identify this use. (P) The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the north and east property lines to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground-mounted equipment or structures from adjacent properties to the north and east. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. (P) Communications equipment 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 of equipment that is not part of the County system shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The owner/developer of equipment that is not part of the County system shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: 99-198 2/24/99 o 10. 11. 12. 13. The tower shall be gray or another neutral color, acceptable to the Planning Department. The tower shall not. be lighted unless lighting is required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 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.) 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) With the approval of this request, a forty-three (43) foot exception to the 150 foot height limitation for towers in Agricultural (A) Districts shall be granted. With the approval of this request, a twenty (20) foot exception to the forty (40) foot side yard setback requirement and a thirty (30) foot exception to the fifty (50) foot rear yard setback requirement for towers in Agricultural (A) Districts shall be granted. (P) The communications tower shall only be permitted if needed to support antennas of the Chesterfield County Emergency Communications system, as deemed necessary by the Chesterfield County Police and Fire Departments, to provide enhanced emergency communications services, or by the Utilities Department to accommodate the Utilities communications system. Further, ~the height of the tower shall be restricted to the minimum height deemed necessary by the Police and Fire Departments to accommodate the County's Emergency Communications antennas, or by the Utilities Department to accommodate the Utilities communications system. 99-199 2/24/99 (NOTES: a. Approval of this request will restrict the height of the tower to a maximum of 193 feet. However, if the needs of the County's Emergency Communications or Utilities communications systems can be accommodated at a height less than 193 feet, as determined by the Police and Fire Departments or the Utilities Department, respectively, the tower will be restricted to the lesser height. If the tower is needed to support the needs of the County's Emergency Communication or Utilities communications systems, it may also be built to support the antennas of other wireless service communications providers, provided that these antennas are at an elevation lower than those of the County's Emergency Communications or Utilities communications Systems.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0191 In Midlothian Magisterial District, DAVID GREGORY AND JOHN BRENKUS requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height and setback exceptions in a Residential (R- 15) District. A 100 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 3.8 acres known as 10525 West Huguenot Road. Tax ID 746-718-3583, 4367, 4486, 5470, 5588, 6571, 6590, 7591 and 7672 (Sheet 3). Ms. Beverly Rogers presented a summary of Case 99SN0191 and stated that the Planning Commission and staff recommend approval subject to conditions; however, had recommended denial of the setback exceptions. She further stated that staff recommends that Condition 1 be amended to require architectural treatment specifically outlined in the Addendum; that the amendment was consistent with the Commission's intent; and that, since the Condition was not submitted prior to advertisement of the Case, it would be necessary for the Board to suspend its rules to consider the Condition. She noted that the request conforms to the siting criteria for towers. There was brief discussion relative to the Planning Commission's policy regarding location of towers in residential areas and the visibility of the antennas. 99-200 2/2 /99 John Cogbill, Esquire, representing the applicant, stated that a tower site in the Huguenot Road area is necessary to provide enhanced cellular communications. He presented photographs depicting the integration of the equipment inside the steeple of Huguenot Road Baptist Church. He stated that he feels the request meets all the requirements of the County's tower siting policy; is in accordance with the Comprehensive Plan; and meets the requirements of a Conditional Use. He further stated that he feels the proposed request will neither have a negative impact on property values nor represent a commercial intrusion within a residential area. He stated that the Church building has been used by many community associations for various uses and that the proposed request represents an ~'eleemosynary" use of the facility. He requested the Board's approval of the proposed request. Ms. Becky Chenault, a resident of Woodmont, expressed concerns relative to a business locating in a residential area and stated that she is opposed to the request. Mr. Dave Dickens, a resident of the Woodmont neighborhood and a member of Huguenot Road Baptist Church, stated that he knows of six businesses currently operating in Woodmont and noted that there is already a radio tower in Woodmont belonging to a hobbyist. He stated that he supports the request. Mr. Ian Lorimer, a resident of Woodmont and Secretary of the Woodmont Civic Association, submitted, for the record, a petition signed by 246 residents of Woodmont opposing any zoning changes to the Huguenot Road Baptist Church property. He expressed concerns relative to commercialism of the Woodmont residential area and stated that he is opposed to the request. Mr. Erdmen Auman expressed concerns relative to a precedent being set if the request is approved. He stated that the limitations on the use of church property are written into the Church's deed and that he views the proposed request as a commercial encroachment. He further stated that he is opposed to the request. Mr. Bob Carver, a resident of Woodmont, expressed concerns relative to commercial activity and stated that he is opposed to the request. Ms. Barbara Seward, a resident of Woodmont, stated that she is opposed to the request. Mr. Bruce Hague, Properties Chairman for Huguenot Road Baptist Church, stated that several meetings were held between the Church, the applicant and Woodmont residents to develop an acceptable tower concept. He further 'stated that he does not feel the proposed request would adversely impact the neighborhood and that it would best serve the area overall. He requested that the Board consider the efforts put into the proposed request before making their decision. 99-201 2/24/99 Mr. Jay Moorehouse, a Woodmont resident, stated that he did not get the impression at the Planning Commission meeting that any changes would be made to the steeple. He further stated that he feels the proposed tower should be considered a commercial business and requested that the Board respect the feelings of the Woodmont residents with regard to commercial business. There being no one else to address this issue, the public hearing was closed. Mr. Cogbill expressed disappointment in the opposition present. He referenced Ms. Chenault's comments and stated that the proposed zoning request is for a single use only. He referenced Mr. Auman's comments and stated that additional antennas are necessary to operate the cellular telephone digital system. He further stated that the Federal Communications Act authorizes jurisdictions to provide for additional services such as a digital system. He stated that the applicant has examined several other locations, including one in the City of Richmond, for the proposed tower. He requested that the Board. approve the proposed request. When asked, Mr. Jacobson stated that he does not feel approval of the request would set a precedent for commercial development and that the current zoning will remain residential according to the Comprehensive Plan. Mr. McHale stated that he feels the proposed request is an opportunity for the church to use its property in a way that is not inconsistent with the neighborhood and to receive revenue to offset operation expenses. He stated that he intends to support a motion for approval of the proposed request. Mrs. Humphrey stated that she reviews all tower cases as if they were in her own district. She further stated that towers have become growth management tools. She expressed concerns relative to Woodmont residents' thoughts regarding commercial encroachment. She stated that she feels the public's concerns have been addressed and that she will support a motion for approval. Mr. Warren stated that he feels the level of debate will increase as the number of tower cases increase. He further stated that he feels the County would be held accountable for denying the request and then the City allowing for the tower without restrictions. There was brief discussion relative to approval of the proposed request not setting a precedent for commercial use. Mr. Warren stated that he feels the citizens' concerns have been met and that he will support a motion for approval. Mr. Barber stated that the idea of the tower being placed in the steeple came directly from the community and that he was shocked to hear that the community still had concerns with the 2/24/99 99-202 tower. He stated that Mr. Auman had declined a meeting to discuss concerns. He further stated that he feels the verbiage of the petition submitted by Mr. Lorimer is incorrect and misleading and that the Woodmont citizens have an incorrect perception that approval of the request would allow for commercial development. He stated that approval of the request would not allow commercial intrusion nor open the door for future commercial development. He further stated that he cannot see an adverse impact of the antenna being placed in the steeple. He stated that the Count.y policy is to hide antennas whenever possible. He further stated that the three things he weighs when reviewing tower cases are the possibility for future commercial development; the visibility of the tower; and other uses allowed on the property. Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to suspend the rules to accept the proffered condition. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0191 subject to the following conditions: The communications antennas shall be architecturally incorporated into the steeple of the church building in accordance with the plan entitled "Stealth Antenna: Huguenot Road Baptist Church" and dated February 23, 1999. Associated equipment shall also be enclosed within the existing church building. (P) (Note: This condition would require that the communications antennas be architecturally incorporated into the design of a building for a permitted use. In additional, this condition would require that all equipment associated with the communications antenna be housed within the existing church building, thus, making that equipment virtually invisible to adjacent properties and public rights of way.) o There shall be no signs permitted to identify this use. (P) Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. Prior to site plan or building permit approval, whichever occurs first, the 99-203 2/24/99 owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower- mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) o The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) In conjunction with the approval of this request, a fifty (50) foot exception to the fifty (50) foot height limitation for towers shall be granted. (P) And, further, the Board denied the setback exceptions in Case 99SN0191. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 19. ADJOURNMENT On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board adjourned at 10:00 p.m. until March 10, 1999 at 12:00 p.m. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: None. Lane B. Ramsey County Administ ratc~ {~ ~a~ry G .~Daniel Chairma~ ./24/99 99-204