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06-23-99 MinutesBOARD OF SUPERVISORS MIAUJTES June 23, 1999 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator 99-524 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr J. Edward Beck, Asst. Dir., Utilities Dr William Bosher, Jr. Supt., School Board Mr Steven Calabro, Dir., County Airport Ms Jana Carter, Dir., Youth Services Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Rebecca Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Ms Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Ms. Karla J. Gerner, Dir. Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, County Ombudsman Mr. H. Edward James, Dir., Purchasing Mr. Donald Kappel, Dir., Public Affairs Dr. Burt Lowe, Dir., Mental Health/Retard. Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Richard A. Nunnally, Extension Agent 6/23/99 Mr. Paul D. Patten, Assessor Mr. Glen Peterson, Dir., Community Diversion Incentive Program Mr. Francis Pitaro, Dir., General Services Mr. William Poole, Asst. Dir., Planning Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir. Block Grant Office Mr. Daniel called the regularly scheduled meeting to order at 3:07 p.m. 1. APPROVAL OF MINUTES FOR MAY 25, 1999 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the minutes of May 25, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that the County's ninth annual internships in cultural diversity began on May 17, 1999 and will be completed on August 6, 1999. He further stated that, in addition to obtaining practical work experience during the twelve week program, the interns will complete a group project devoted to workforce diversity. He recognized Ms. Melissa Bowers, EEO Employment Analyst with Human Resource Management, who is coordinating the internship program and also recognized the interns who were present at the meeting. Mr. Daniel stated that he was impressed with the academic credentials of the interns. He welcomed the interns to the County. Mr. Ramsey stated that two County employees, Ms. Kim Conley and Ms. Mary Martin, both came to the County through the internship program. Mr. Ramsey stated that the Department of Defense has an award entitled "My Boss is a Patriot" which recognizes employees' bosses who are supportive of employees in the 99-525 6/23/99 military reserves. He introduced Second Deputy Chief Frank Edwards with the Fire Department. Chief Edwards introduced Colonel Haake from the Virginia Air National Guard and Marine First Sergeant Robert Rollston, who is also a Fire Department Lieutenant, to make a presentation to Chief Elswick. Colonel Haake presented Chief Elswick with a plaque, on behalf of all members of the National Guard and Reserve Forces, and expressed appreciation for his distinguished contributions to national defense and for his support of Fire Department employees who are active in the Reserve Forces. Chief Elswick expressed appreciation for the recognition and also for the service of his employees to the Reserve Forces. Lieutenant Rollston presented Chief Elswick with a plaque from County firefighters, who are active in the Reserve Forces, in appreciation for his support, and a group photograph was taken of Chief Elswick, accompanied by twelve members of the Navy Reserve, Marine Reserve and Air National Guard. Mr. Ramsey stated that the Accounting Department recently received the Government Finance Officers' Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for the County's 1998 annual financial report. He further stated that the Accounting staff has received this award for the eighteenth consecutive year and that the distinction is one of the key components to the County receiving its AAA bond rating. He stated that the GFOA also recognizes individuals who were instrumental in the County's receipt of the award. He presented framed certificates to Ms. Malinda Bowers, Mr. Jeff Franklin, Ms. Carol Kelley, Ms. Lynell McClinton, and Ms. Nora Wooten, accompanied by Mr. Daniel and Ms. Lyle, and expressed appreciation for their efforts which led to the receipt of this award. Ms. Lyle noted that Ms. Dawana Lowry and Ms. Frances Reese will receive a certificate but were unable to attend the meeting. Mr. Ramsey commended Ms. Lyle and the Accounting staff for being leaders among the County's total quality effort. Ms. Lyle recognized two other members of the Accounting staff who were present at the meeting and stated that receipt of the award would not have been possible without the efforts of the entire Department. Mr. Daniel expressed appreciation for the continuous efforts of the Accounting staff towards total quality improvement. 6/23/99 99-526 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board moved Item 8.A., Establishment of 2000-2003 Board of Supervisors Salaries, to follow Item 5.C., Resolution Recognizing Lowe's Home Centers for their Contribution to the Fire Department's Fire and Life Safety Training Trailer Project; added Item 8.B.6., Nominations/Appointments to the Youth Services Citizen Board; moved Item 8.C., Rural Conservation Area Study, to Consent Item 8.F.30, Approval of Rural Conservation Area Study; replaced Item 8.F.11.a., Authorization for the Police Department to Apply for a Criminal Justice Grant for Funding the Salary of a School Resource Officer for Turning Point Academy; added Item 8.F.29., Approval of Dedication of Twelve Thousand Square Foot Recreational Area for Hollymeade Subdivision; added Item 8.F.31., Authorization to Use Inmates from the Pocahontas Correctional Center to Assist in Custodial Duties at the Lucy Corr Nursing Home; moved Item 9., Consideration of Claims from Eight Police Officers for Back Pay and Benefits to follow Item 8.A., Establishment of 2000-2003 Board of Supervisors Salaries; added Item 10.D., Executive Session Pursuant to Section 2.1-344A.7., Code of Virginia, 1950, As Amended, to Discuss Probable Litigation Requiring Legal Advice by Counsel Involving Claims for Back Pay of Eight Police Officers; moved Item 10.D., Executive Session Pursuant to Section 2.1-344A.7., Code of Virginia, 1950, As Amended, to Discuss Probable Litigation Requiring Legal Advice by Counsel Involving Claims for Back Pay of Eight Police Officers, to follow Item 9., Consideration of Claims from Eight Police Officers for Back Pay and Benefits and, adopted the Agenda, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel requested that, if Item 9., Consideration of Claim from Eight Police Officers for Back Pay and Benefits, has not been called by 4:00 p.m., the Agenda will immediately stop and the Board will begin consideration of Item 9. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING MRS. LISE DIETZ FOR HER SERVICE TO THE CAMP BAKER MANAGEMENT BOARD Mr. Golden introduced Mrs. Lise Dietz who was present to receive the resolution. 99-527 On motion of the Board, the following resolution was adopted: WHEREAS, community service is among the traditions of Chesterfield County residents; and greatest WHEREAS, Mrs. Lise Dietz has been a valuable member of the Camp Baker Management Board from 1996 until 1999; and WHEREAS, Mrs. Dietz participated in the ongoing capital renovation program of the Camp Baker facilities; and WHEREAS, during Mrs. Dietz's involvement with Camp Baker services, participation in the programs has increased; and WHEREAS, Mrs. Dietz's efforts and support enabled the Camp Baker Management Board to begin its latest project of the conversion of the ranger house to an overnight respite facility. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and commends Mrs. Lise Dietz for her devoted service to Chesterfield County and the Camp Baker Management Board. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Dietz and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mrs. Dietz and expressed appreciation for her dedicated service. Mrs. Dietz expressed appreciation to the Board for the recognition. 5oBo RECOGNIZING HIGH-TECH MACHINE MANUFACTURING, INCORPORATED AS THE 1999 SMALL BUSINESS RECIPIENT OF THE CHESTERFIELD COUNTY BUSINESS APPRECIATION AWARD Ms. Faith McClintic, Business Development Representative of the Economic Development Department, introduced Mr. Robert Cacciotti, President of High-Tech Machine Manufacturing, Incorporated, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the County that contribute to the County's economy and its citizens; and WHEREAS, High-Tech Machine Manufacturing, Incorporated is 99-528 6/23/99 located at 11010 Trade Road, off Midlothian Turnpike, and has supported Chesterfield community activities by donating to the United Way, Chesterfield Sheriffs Association, Richmond "Ruckus" Softball, Huguenot Little League Softball and Hidlothian High School Athletic Club; and WHEREAS, High-Tech Machine Manufacturing designed cross training programs for the employees who are able to operate all of the shop equipment, which assist in avoiding employee "burn- out" on the job; and WHEREAS, High-Tech Machine Manufacturing has implemented a 401(k) program that matches the first six percent of employee contributions with 50 cents on the dollar; has grown at a rate of 45 percent in 1998 with sales reaching $1.2 million; and plans to build a 5,000 square foot addition to the existing facility with the hope of increasing its workforce as well. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes High-Tech Machine Manufacturing, Incorporated and expresses its appreciation, on behalf of the County, for their many contributions by recognizing them as the 1999 Small Business recipient of the Chesterfield County Business Appreciation and Recognition Award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to High-Tech Machine Manufacturing, Incorporated and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution and an engraved silver plate to Mr. Cacciotti, accompanied by his wife, commended High-Tech Machine Manufacturing for their many contributions to the County, and congratulated them for being the 1999 Small Business recipient of the Chesterfield County Business Appreciation and Recognition Award. Mr. Cacciotti expressed appreciation to the Board for the recognition and also to his employees and family for their support. He stated that Chesterfield is a great County for starting and operating a business and presented each Board member with a sample of one of High Tech's new products. 5oC. RECOGNIZING LOWE'S HOME CENTERS FOR THEIR CONTRIBUTION TO THE FIRE DEPARTMENT'S FIRE AND LIFE SAFETY TRAINING TRAILER PROJECT Deputy Chief Paul Shorter introduced Mr. Scott Fowler, representing Lowe's Home Centers, who was present to receive the resolution. 99-529 6/23/99 On motion of the Board, the following resolution was adopted: WHEREAS, the loss of life and property due to fire occurs primarily in our homes; and WHEREAS, the majority of home fires are preventable; and WHEREAS, the goal of fire and life safety education is to reduce loss of life, serious injuries, and loss of property; and WHEREAS, the most important goal of fire and life safety education is to change unsafe fire and safety behavioral practices by teaching children and adults how to identify and eliminate potential fire and life safety hazards and to always follow proper safety techniques, such as properly operating smoke detectors; practicing home escape planning; following safe cooking practices; the proper use of 9-1-1; and the importance of properly displayed house numbers; and WHEREAS, the responsibility of protecting and educating Chesterfield County citizens lies within the heart of our community; and WHEREAS, out of this spirit of community, the Chesterfield Fire Department and Lowe's Home Centers have formed a life saving partnership to assist in purchasing a fire and life safety training trailer to allow the children of our County to participate in practical life safety training; and WHEREAS, Lowe's Home Centers has designated the Chesterfield County Fire Department as the recipient of a $7,500 grant to help purchase and operate a fire and life safety training trailer - a valuable teaching tool to be utilized in all County Elementary Schools, as well as many community events throughout the County, which will provide the Fire Department the opportunity to reach 50,000 children. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Lowe's Home Centers for their generous contribution to the Chesterfield County Fire Department, and acknowledges their community support in helping the County reach its goal of being the safest and most secure community of its size in the U.S.A. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. Fowler, accompanied by Chief Elswick, and expressed appreciation for the generous contribution. Mr. Fowler expressed appreciation, on behalf of Lowe's Home Centers, for the opportunity to contribute to fire and life safety in the County. 99-530 6/23/99 8.A. ESTABLISI{MENT OF 2000-2003 BOARD OF SUPERVISORS SALARIES Mr. Ramsey stated that each Board of Supervisors is responsible for setting the compensation for the future Board and that, according to the Code of Virginia, it must be accomplished by June 30 of the year prior to the term of the new Board. He further stated that the Board has been provided with information relative to comparable salaries of Boards in other jurisdictions as well as benchmark jurisdictions and that the market average of the salaries in other jurisdictions was determined to be slightly over $32,000 per year. He noted that the Board's current salary is $24,270. Mr. Warren stated that the current practice that the Board is following and has been following for the past eight years has worked successfully for this Board as well as previous Boards and that he would support continuation of the current practice. Mr. Warren then made a motion for the Board to continue the current practice whereby Board members would receive salary increases commensurate with the increases given to employees on an annual basis, not to exceed $29,510 by the year 2003. There was brief discussion relative to the maximum amount of compensation that the Board members could receive each year for the next four years. Mr. McHale seconded the motion made by Mr. Warren. Mr. Micas questioned what action the Board wished to take relative to supplements for the Chairman and Vice Chairman. Mr. Daniel stated that there has not been an increase in some time for the stipend given to Chairman and Vice Chairman. Mr. Barber stated that he feels the stipends should remain the same. He further stated that he would make a substitute motion to keep the stipends as they currently are. Mr. Daniel stated that, since the original motion was only relating to salaries, he is calling Mr. Barber's substitute motion relating to stipends for Chairman and Vice-Chairman out of order and will still stand on the original motion made by Mr. Warren and seconded by Mr. McHale. There was brief discussion relative to voting on salaries and stipends separately. Mr. Barber stated that prior to the current Board's election nearly nine years ago, the previous Board established a policy whereby Board members were treated no differently than other County employees and, therefore, their salary increases should be commensurate with the increases given to County employees. He further stated that he supports Mr. Warren's motion to continue the current policy regarding salary increases for Board members. 99-531 6/23/99 Mr. Daniel stated that he plans on supporting Mr. Warren's motion due to the Knot to exceed" clause in which each year's salary would not exceed the following amounts: 2000, $24,278~ 2001, $25,492; 2002, $28,105; and 2003, $29,510, which represent a maximum five percent per year increase. He further stated that he feels the next elected Board should organize a citizens' committee consisting of business people and citizens of high integrity to study the pay structure for its public officials, and then conduct a salary survey similar to the one that was conducted for County employees. He stated that there are many factors which affect the salary of elected officials and suggested that future Boards base their salary increases on total quality management principles and that they study closely what the citizens are receiving for their expenditures. Mr. McHale stated that the Board has decided that the County cannot be a pay leader in many areas, but that people should be fairly compensated and that he feels the current process for increasing the compensation for Board members supports this overall goal. He suggested that, after the new Board begins its term in January, 2000, Mr. Ramsey bring before them Mr. Daniel's suggestion to get citizen input relative to the salary for Board members. Mr. Barber stated that he feels salaries for Board members have been studied and that the Board acknowledges that the County is not a pay leader in the region or with benchmark jurisdictions. Mr. Daniel stated that, in 1980, the General Assembly delegates recognized that the salaries paid to elected officials were far below acceptable and made an adjustment with State law. He further stated that this approach remains an option. He stated that he feels the compensation for Board members should be reasonable based on comparative data. Mr. Daniel then called for a vote on the motion made by Mr. Warren, seconded by Mr. McHale, for the Board to continue the current practice whereby Board members would receive salary adjustments commensurate with the adjustments given to employees on an annual basis, not to exceed $25,492 by July 1, 2000; $26,766 by July 1, 2001; $28,105 by July 1, 2002; and $29,510 by July 1, 2003. Ayes: Daniel, Warren, Barber, and McHale. Nays: Humphrey. Mr. Barber made a motion for the supplements of Chairman and Vice Chairman to remain unchanged. Mrs. Humphrey seconded the motion made by Mr. Barber. There was brief discussion relative to the motion including other commissions that Board members sit on. Mr. Barber clarified his motion that the supplements of Chairman and Vice Chairman, as well as the annual compensation for other boards and commissions on which Board members serve, remain unchanged. 6/23/99 99-532 Mr. Micas clarified that, when setting compensation for Board members for their service on various commissions, the Board is also setting the compensation for all members of the commissions. There was brief discussion relative to the Board's ability to increase compensation for Planning Commission members at any time. Mr. Micas stated that only the Board's compensation and the supplements for Chairman and Vice Chairman for the 2000-2003 Board of Supervisors needs to be determined by July 1, 1999 and that other compensation can be determined at a later date. After brief discussion, Mr. Daniel called for a vote on the motion made by Mr. Barber, seconded by Mrs. Humphrey, that the supplements of Chairman and Vice Chairman -- $3,150 and $1,575, respectively, as well as the annual compensation for other boards and commissions on which Board members serve, remain unchanged for the entire next term. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS O CONSIDERATION OF CLAIMS FROM EIGHT POLICE OFFICERS FOR BACK PAY AND BENEFITS Mr. Micas stated that eight County police officers have filed claims regarding back pay and benefits. He further stated that, prior to 1994, the County had a practice in which officers received a percentage increase when assigned to a detective or investigator position, and when the assignment ended or an officer was promoted from the position, the salary was reduced by the same percentage. He stated that, due to this practice, the officers sometimes would be receiving less compensation upon leaving the investigative or detective position than if they had stayed during that same period of time as a patrol officer. He further stated that, when the practice was changed in 1994, retroactive pay adjustments were made back to 1992, consistent with the County's approach to dealing with salary issues no longer than a two year period retroactively. He stated that the claims that the Board are considering arise out of that investigator/detective pay practice and total approximately $300,000. He further stated that staff recommends denial due to the issue already have been litigated before the Circuit Court; the previous pay practice being legally appropriate; and the officers willingly accepting the assignments and, therefore, being legally prohibited from making complaints. He stated that the Statute of Limitations precludes appeals for the years in question. He further stated that the claims process is a precondition to filing a claim in the courts and, should the claims be denied, the officers can then proceed with continuing their lawsuit in Circuit Court. 6/23/99 99-533 He noted that there are seventeen other current police officers and fifty-one retired or deceased police officers who were affected by this pay practice and, if these claims are approved, those officers would likely file claims and be eligible for payment as well. Mr. Thomas Stiles, representing the eight police officers, stated that the claims stem from discrepancies in the calculation of pay due to promotions or transfers. He presented his personal pay situation and stated that, as an investigator, his salary was $29,834 and that, after being promoted, his salary was reduced to $29,660. He further stated that the total of his claim as of April 12, 1999 is $21,000. He stated that errors in calculations of promotions and transfers have considerably affected the police officers' pay, merit increases, yearly bonuses, overtime rates, promotional increases and retirement. He stated that each of the affected police officers have made attempts to address the errors with both present and past administrations and Human Resource Management. He further stated that the other seven police officers were present at the meeting and available to present their individual claims, if desired by the Board, and requested that the Board approve the claims of the eight police officers. Mr. Daniel recognized the other seven police officers present at the meeting. 10 .D. EXECUTIVE SESSION PURSUANT TO SECTION 2.1-344A.7., CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS PROBABLE LITIGATION REQUIRING LEGAL ADVICE BY COUNSEL INVOLVING CLAIMS FOR BACK PAY OF EIGHT POLICE OFFICERS On motion of Mr. Warren, seconded by Mr. McHale, the Board went into an Executive Session pursuant to Section 2.1-344A.7., Code of Virqinia, 1950, as amended, to discuss probable litigation requiring legal advice by counsel involving claims for back pay of eight police officers. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Executive Session was conducted in conformity with law. 99-534 6/23/99 NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mrs. Humphrey: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mr. Daniel: Aye. Upon advise of legal counsel and staff, Mr. Daniel made a motion, seconded by Mr. McHale, for the Board to deny the claims of the eight police officers. Ayes: Daniel, Warren, and McHale. Nays: Barber and Humphrey. 6. WORK SESSIONS 6.B. COMMUNITY SERVICES BOARD ISSUES Mr. Hammer introduced Dr. Lowe to present an update on funding from the General Assembly for the Community Services Board. Dr. Lowe stated that the General Assembly increased the funding of Mental Health, Mental Retardation and Substance Abuse services by $80 million beginning in July, 1999, half of which will be utilized for facility enhancements and the other half for services in the community. He further stated that the additional funding for facility enhancements will be used for increased staffing; physical plant improvement; and transferring residents to the community. He reviewed the community services for which the funding is to be utilized and stated that they do not match the County's highest priorities of additional case management resources and additional psychiatry time. He reviewed the funding that the County will receive for substance abuse; adult mental health; child mental health; and cost of living increase, totaling $484,638. He then reviewed funding for persons with mental retardation and stated that approximately 256 of the 387 persons on the County's waiting list may be included in the funding. He stated that the consumers and their families will have a choice of providers and that he anticipates between 50 and 80 percent will choose Chesterfield Community Services Board (CSB) as their provider. He presented an overview of the historical 6/23/99 99-535 funding of the CSB, including a change from State and local funding to additional fees and stated that, currently, approximately fifty percent of the funding for CSB is generated by fees and approximately thirty percent is contributed by the County. He stated that the additional funding approved by the General Assembly will increase the amount of funding generated by fees to approximately sixty percent and will decrease the percentage contributed by the County to less than twenty-five percent. He further stated that Medicaid is currently reviewing its reimbursement rates which have not changed since 1991. He presented an overview of the persons who will be served with new Medicaid mental retardation waiver funding and the current locations of group homes operated by the CSB by magisterial district. Mrs. Humphrey stated that the County has always had a commitment to mental health, mental retardation and substance abuse services. She further stated she feels that the orphanage located in the Matoaca District leads to a greater number of children eligible for services. Dr. Lowe stated that, statewide, 4,568 persons will be served with the new or expanded services. He further stated that private providers select the locations for their group homes and may allow non-Chesterfield residents in their homes located within the County. There was brief discussion relative to the effect of the new funding on the currently adopted budget and budget plan. Dr. Lowe stated that, without increasing County funds, more consumers are being served. He further stated that most of the State funds are being restricted to certain categories and that the County may be required to serve certain people who are considered a priority. There was brief discussion relative to CSB funding by the State and County. When asked, Dr. Lowe stated that, of the $16 million current budget, the County provides approximately $4 million. Mr. Ramsey commended Dr. Lowe and the CSB staff for the documentation of the need for services which led to the CSB obtaining additional funding. Dr. Lowe introduced Dr. Carolyn Cockrell, Chairman of the Task Force to Determine the Feasibility of an Alternative Structure for the Chesterfield Community Services Board. Dr. Cockrell stated that legislation enacted by the 1998 General Assembly required each locality to designate the structure of its Community Service Board as one of four types -- Policy Advisory CSB; Administrative Policy CSB; Operating CSB; or Behavioral Health Authority. She further stated that on August 26, 1998, the Board designated the Chesterfield CSB an Administrative Policy Board due to it most closely 6/23/99 99-536 resembling the present system of operations as a policy making body within local government. She stated that the Task Force established by the Board was charged with examining all CSB designations; recommending a future structure; and producing a report documenting findings by June 30, 1999. Each Board member was presented with a copy of the final report of the Task Force. Mr. McHale excused himself from the meeting. Dr. Cockrell expressed appreciation to the members of the Task Force for their service. She briefly reviewed each of the four possible structures considered by the Task Force and stated that Dr. Lowe would present the remainder of the report of the Task Force. Dr. Lowe reviewed the studies used by the Task Force in making their determinations. He stated that the Task Force concluded that only the Administrative Policy CSB and the Behavioral Health Authority(BHA) would be considered; there is no advantage to a different structure at this time; circumstances are likely to change; and that the County needs to be prepared to implement a BHA in the future. He reviewed recommendations of the Task Force including the Chesterfield CSB remaining an Administrative Policy CSB at this time; indicators should be developed to identify the imminent need for conversion of the Chesterfield CSB to a BHA; the Chesterfield CSB ensuring that rapid conversion to a BHA is possible when and if that becomes necessary by developing a plan for conversion in collaboration with County Administration; County Administration exploring methods to enhance the CSB's ability to operate successfully in an increasingly competitive environment; and the CSB developing business plans for both its continuation as an Administrative Policy CSB and its operation as a BHA. Mr. Daniel expressed appreciation for the efforts of the Task Force. Dr. Lowe expressed appreciation for the Board's support. Mrs. Humphrey requested that the Board thoroughly review the findings of the Task Force and stated that she feels a Behavioral Health Authority may prove to be a better method for providing services for residents. Mr. Barber commended Dr. Cockrell for her efforts as Chairperson of the Task Force. He stated that he feels private providers will take over the more profitable services and that local governments will be left to manage the more difficult cases. He stressed the importance of developing a business plan for the current operation and creating a plan of operation for the transition. 99-537 6123/99 6.A. 1999 GENERAL ASSEMBLY LEGISLATION Mr. Ramsey stated that, due to time constraints, the presentation reviewing results of the legislative proposal will not be made. He reviewed a summary of proposed ordinance changes. Mr. Daniel recommended that priority ordinance amendments be brought before the Board at the July 28, 1999 meeting to set a public hearing date. Mrs. Humphrey also expressed interest in bringing other items of importance before the public. Mr. Barber requested more information from staff on the issue of changes to retirement age adopted by the General Assembly. Mr. Ramsey stated that the General Assembly adopted an amendment to the Virginia Retirement System which reduced the retirement requirement from age fifty-five with thirty years of experience to age fifty with thirty years of experience. He further stated that localities would automatically be adjusted to that level unless the locality opted out. He stated that staff recommends that the County not opt out. Mrs. Humphrey requested that Ms. Curtin keep her updated on the efforts of the Keating Commission to encourage the use of agriculture and forestry districts. Mr. Barber expressed concerns that, with the exception of one, all of the issues raised by the Coalition of High Growth Communities either failed or were not introduced. There was brief discussion relative to growth management issues being prohibited by the General Assembly. Mr. Daniel stated that a group entitled, "The Urban Crescent" has prepared a draft document which recommends ways for localities to tap into growth in the economy. He requested that Board members review the document with Mr. Ramsey and develop a consensus so that he can present the County's view at the next meeting of "The Urban Crescent." 7. DEFERRED ITEMS o TO CONSIDER ADOPTION OF ORDINANCE PROVIDING FOR ASSESSMENT OF BUILDINGS COMPLETED DURING THE TAX YEAR On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO A3~END THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY ADDING SECTION 9-14.1 RELATING TO ASSESSMENT OF NEW BUILDINGS 99-538 6/23/99 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-14.1 of the Code of the County of Chesterfield, 1997, as amended, is added to read as follows: Sec. 9-14.1. Assessment of new buildings completed. substantially In accordance with Code of Virginia, ~ 58.1-3292, all new buildings substantially completed or fit for use and occupancy prior to November 1 of the year of completion shall be assessed by the assessor when such building is so completed or fit for use and occupancy. No partial assessment as provided herein shall become effective until information as to the date and amount of such assessment is recorded in the office of the treasurer and made available for public inspection. The taxes on any such new building for that year shall be the sum of (i) the tax upon the assessment of the completed building computed according to the ratio which the portion of the year such building is substantially completed or fit for use and occupancy bears to the entire year, and (ii) the taxes upon the assessment of such new building as it existed on January 1 of that assessment year, computed according to the ratio which the portion, of the year such building was not substantially competed or fit for use and occupancy bears to the entire year. With respect to any assessment made under this section after September 1 of any year, the penalty for nonpayment by December 5 provided in Section 9-16 shall be extended to February 5 of the succeeding year. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8. NEW BUSINESS 8.B. APPOINTMENTS On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Community Services Board; the Board of Building Code Appeals; the Community Criminal Justice Board; the Industrial Development Authority; the Health Center Commission; and the Youth Services Citizen Board. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-539 6/23/99 8.B.1. COMMUNITY SERVICES BOARD On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Ms. Doris J. Masetti, representing the County at-large, to serve on the Community Services Board, whose term is effective immediately and will expire December 31, 2001. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.B.2. BOARD OF BUILDING CODE APPEALS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board simultaneously nominated/reappointed Mr. Henry Gill, Mr. Robert Olsen, Mr. John Sanderson, and Mr. Wolfgang Webner, all representing the County at-large, to serve on the Board of Building Code Appeals, whose terms are effective July 1, 1999 and will expire June 30, 2002. And, further, the Board simultaneously nominated/appointed Mr. E. Frank Dunton, representing the County at-large, to serve on the Board of Building Code Appeals, whose term is effective immediately and will expire June 30, 2000. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.B.3. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. Philip Daffron, Mr. Frederick Rockwell, III, Mr. Clarence G. Williams, Jr., Mr. Bradford S. Hammer, Mr. Paige Foster, Dr. John Morgan, Mr. Mike Allen, Mr. Thomas L. Vaughn, Ms. Jane Ogletree and Ms. Elvira Shaw, all representing the County at-large, to serve on the Community Criminal Justice Board, whose terms are effective July 1, 1999 and will expire June 30, 2001. And, further, the Board simultaneously nominated/appointed Mr. Richard Schurman, representing the County at-large, to serve on the Community Criminal Justice Board, whose term is effective immediately and will expire June 30, 2000. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-540 6/23/99 8.B.4. INDUSTRIAL DEVELOPMENT AUTHORITY On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board simultaneously nominated/reappointed Mr. William F. Seymour, III, representing the Midlothian District, and Mr. Henry Moore, representing the Matoaca District, to serve on the Industrial Development Authority, whose terms are effective July 1, 1999 and will expire June 30, 2003. And, further, the Board simultaneously nominated/appointed Mr. James Briggs, representing the Bermuda District, to serve on the Industrial Development Authority, whose term is effective July 1, 1999 and will expire June 30, 2003. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.B.5. HEALTH CENTER COMMISSION On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. Jim Shepherd, representing the Matoaca District; Dr. Betty Hunter-Clapp, representing the County at-large; and Mr. Spencer "Sam" Moffett, representing the County at-large, to serve on the Health Center Commission, whose terms are effective July 1, 1999 and will expire June 30, 2003. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.B.6. YOUTE SERVICES CITIZEN BOARD On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board simultaneously nominated/appointed Ms. Stephanie Brincefield, representing the Midlothian District; Ms. Jennifer Becker and Mr. Marvin Gilliam, representing the Clover Hill District; Ms. Brandis Robinson and Ms. Anna Hanger, representing the Matoaca District; and Ms. Teresita Williams and Ms. Wendalynn Payne, representing the Dale District to serve on the Youth Services Citizen Board, whose terms are effective July 1, 1999 and expire June 30, 2000. And, further, the Board simultaneously nominated/reappointed Ms. Samantha Dunbar, representing the Bermuda District, whose term is effective July 1, 1999 and expires June 30, 2000; and Mrs. Frances Brown, representing the Matoaca District, whose 99-541 6/23/99 term is effective July 1, 1999 and expires June 30, 2002, to serve on the Youth Services Citizen Board. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.D. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved the following streetlight installation cost approvals: Matoaca District * Tamworth Road, vicinity of 14013, Great Oaks Cost to install light: $1,667.39 Midlothian District * Oldbury Road, vicinity of 1223, Buckingham Cost to install light: $3,681.06 Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8,Eo APPROVAL FOR INCLUSION OF PRIVATE STREETLIGHTS INT0 THE COUNTY STREETLIGHT PROGRAM Mr. Stith stated that the proposed request is for the last set of streetlights in the Brandermill Parkway area. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board included the following private streetlights in the County Streetlight Program: Brandermill Parkway and Autumn Woods Road Brandermill Parkway and Huntgate Woods Road Brandermill Parkway and Walnut Creek Road Brandermill Parkway and Deer Meadow Drive Brandermill Parkway and Long Hill Road Brandermill Parkway and Turtle Hill Road Sandyridge Parkway and Garrison Place Road Sandyridge Parkway and Crosstimbers Road Sandyridge Parkway and Sutters Mill Road Sandyridge Parkway and Tanglebrook Road Sandyridge Parkway and Carriage Creek Road Huntsbridge Road and Quail Hill Drive Brandermill Parkway and Millridge Parkway (2 lights) Brandermill Parkway and Whispering Oaks Road Brandermill Parkway and Shadow Ridge Road Brandermill Parkway and Chimney House Road Brandermill Parkway and Birnam Woods Road Brandermill Parkway and Ridge Creek Road Spring Gate Road and Huntgate Woods Road Sandyridge Parkway and Arrowood Road Sandyridge Parkway and Cradle Hill Road 99-542 6/23/99 Sandyridge Parkway and Copper Hill Road Sandyridge parkway and Two Notch Road Foxchase Road and Quail Hill Drive Regatta Pointe Road and North Beach Road Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F. CONSENT ITEMS 8.F.1. APPROVAL OF YEAR END REVIEW FOR SCHOOL OPERATING FUND On motion of Mr. Warren, seconded by Mr. Barber, the Board approved $863,936 (pending audit results) of School Operating Funds revenues and expenditures to be reserved and reappropriated into FY2000 for items listed in the papers of this Board; approved $6,139,315 to be reserved June 30, 1999 in local funds for use as planned in the FY2000 School Adopted Budget; and increased appropriations for School Food Services by $300,000 and School Warehouse and Distribution Fund by $110,000. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8 .F.2. APPROVAL OF THE SCHOOL CAPITAL IMPROVEMENT PROGRAM (CIP) REVISIONS FOR FY99 On motion of Mr. Warren, seconded by Mr. Barber, the Board appropriated additional Capital Improvement Program (CIP) Management Charges in the amount of $20,000 to the School CIP Fund and approved the return of $146,837 to the School Reserve for Future Capital Projects in the General Fund. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.3. APPROVAL OF FY99 YEAR END ADJUSTMENTS On motion of Mr. Warren, seconded by Mr. Barber, the Board appropriated revenues and expenditures for specific programs as well as authorized reallocations among General Fund departments and related funds; appropriated revenues and expenditures and authorized other adjustments for specific programs and non- General Fund departments; and authorized the County Administrator to reserve and reappropriate into FY2000 unspent FY99 appropriations, contingent upon the positive results of operations within individual departments and County-wide, as determined by the County's financial audit. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-543 6/23/99 $ .F.4. APPROVAL OF FY2000 BUDGET REVISIONS FOR COMMUNITY SERVICES BOARD On motion of Mr. Warren, seconded by Mr. Barber, the Board appropriated $484,638 in additional State/Federal revenue and increased the Mental Health, Mental Retardation and Substance Abuse Department expenditure appropriations by $484,638 and approved the establishment of fifteen full time positions. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.5. APPROVAL OF REQUEST TO WRITE OFF O-NCOLLECTIBLE ACCOUNTS RECEIVABLE On motion of Mr. Warren, seconded by Mr. Barber, approved a request to write off uncollectible receivable, in the amount of $268,547.58. the Board accounts Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.6. ADOPTION OF RESOLUTIONS 8.F,6.a. RECOGNIZING MS. BRENDA LEITH, REAL ESTATE ASSESSMENT OFFICE, UPON HER RETIREMENT On motion of Mr. Warren, seconded by Mr. Barber, the following resolution was adopted: WHEREAS, Ms. Brenda K. Leith has faithfully served Chesterfield County, most recently as Administrative Secretary, in the Department of Real Estate Assessments for twenty-one years; and WHEREAS, by providing quality public service, Ms. Leith has symbolized the type of employee Chesterfield County seeks; and WHEREAS, Ms. Leith has shown tremendous knowledge regarding the County and its programs and continuously demonstrated the ability to relate to others; and WHEREAS, Ms. Leith's desire to do a good job has been a primary factor that has permitted her to perform at a very high level while always striving for excellence and going beyond the call of duty; and WHEREAS, Ms. Leith has been extremely effective in working with co-workers and the citizens of Chesterfield County. 99-544 6/23/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the outstanding contributions of Ms. Brenda K. Leith, expresses the appreciation of all residents for her service to the County, and extends their appreciation for her dedicated service to the County, their congratulations upon her retirement, and their best wishes for a long and happy retirement. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.6.b. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD INDUSTRIAL DEVELOPMENT AUTHORITY FOR FINANCING OF INDUSTRIAL REVENUE BONDS FOR TIDEWATER FIBRE CORPORATION On motion of Mr. Warren, seconded by Mr. Barber, the following resolution was adopted: RESOLUTION APPROVING ISSUANCE OF SOLID WASTE DISPOSAL FACILITY REVENUE BONDS FOR TIDEWATER FIBRE CORPORATION IN AN AMOUNT NOT TO EXCEED $6,200,000 WHEREAS, the Industrial Development Authority of the County of Chesterfield, Virginia (the ~Authority") has considered the application of Tidewater Fibre Corporation (the "Company") requesting the issuance of the Authority's solid waste disposal facility revenue bonds pursuant to Chapter 50, Title 15.2 of the Code of Virginia of 1950, as amended, in an amount not to exceed $6,200,000 (the "Bonds") to assist in the financing of the acquisition, construction, and equipping of an approximately 60,000 square foot solid waste disposal facility, together with functionally related office space, trailers, road tractors, and handling equipment, for the processing of solid waste, including without limitation discarded paper, plastic, glass, aluminum, metal and newspaper (the "Project") located at 7710 Fort Darling Road, in the County of Chesterfield, Virginia and has held a public hearing thereon on Wednesday, June 3, 1999. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, (the "Code"), provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of the industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the County of Chesterfield, Virginia (the "County"); the Project is located in the County of Chesterfield and the Board of Supervisors of the County of Chesterfield, Virginia (the ~Board of Supervisors") constitutes the highest elected governmental unit of the County; and 6/23/99 99-545 WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended, (the "Virginia Code") provides that the Board of Supervisors shall within 60 calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon and a record of the public hearing, and a Fiscal Impact Statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with the Board of Supervisors in respect to the Bonds. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. The Board of Supervisors for the County of Chesterfield, Virginia, approves the issuance of the Bonds by the Authority for the benefit of the Company, to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to issue the Bonds in order to assist in the financing of the Project. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Project or the Company, but, as required by Sections 15.2- 4908 and 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the County of Chesterfield nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the County of Chesterfield, nor the Authority shall be pledged thereto. This Resolution shall take effect immediately upon its adoption. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. $,F.6.c. RECOGNIZING MR. COOPER WRISTON UPON ATTAINING RANK OF EAGLE SCOUT On motion of Mr. Warren, seconded by Mr. Barber, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and 99-546 6/23/99 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. Cooper C. Wriston, Troop 867, sponsored by the Church of Jesus Christ of Latter Day Saints, 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, Cooper 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. Cooper C. Wriston and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.6.d. RECOGNIZING DETECTIVE DAVID RICHARDSON, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Mr. Barber, the following resolution was adopted: WHEREAS, Detective David M. Richardson will retire from the Chesterfield County Police Department on July 1, 1999; and WHEREAS, Detective Richardson has provided twenty-five years of quality service to the citizens of Chesterfield County; and WHEREAS, Detective Richardson has faithfully served the County in the capacity of Patrol Officer, Investigator, and Detective; and WHEREAS, while serving as a patrol officer, Detective Richardson received several commendations, including one for his excellent skills which resulted in the arrest of a suspect in an armed robbery case, and was selected as the department's Outstanding Officer of the Year in 1977; and 99-547 ~/23/99 WHEREAS, during his assignment as an Investigator and Detective, Detective Richardson received numerous commendations for outstanding performance, including one for his tireless pursuit for justice in what began as a Missing Person case -- with his dedication and perseverance, Detective Richardson was able to make an arrest and obtain a confession from a subject for the murder of a missing woman, even though she was never located; and WHEREAS, Detective Richardson has been a contributing team player to the Police Department as the department accomplished its objectives and goals; and WHEREAS, Detective Richardson has provided the Chesterfield County Police Department with many years of loyal and dedicated service, and WHEREAS, Chesterfield County and the Board of Supervisors will miss Detective Richardson's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Detective David M. Richardson, and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.7. REQUEST FOR FIREWORK DISPLAYS 8.F.7.a. SOUTHSIDE SPEEDWAY ON JULY 2, 1999 On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a request from Mr. Wayne Wyatt, Jr., Promotion Coordinator for Southside Speedway, to stage a fireworks display at Southside Speedway on July 2, 1999, with an undetermined rain date. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.7.b. CLOVERLEAF MALL ON JULY 3, 1999 On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a request from Mr. Chris Ruth, Marketing Director of the Cloverleaf Mall Merchants Association, to stage a fireworks 99-548 6/23/99 display at Cloverleaf Mall, in the vacant field behind Hecht's Department Store, on July 3, 1999, with a rain date of July 9, 1999. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.8. REQUEST TO REDUCE SPEED LIMIT ON BEACH ROAD On motion of Mr. Warren, seconded by Mr. Barber, the following resolution was adopted: WHEREAS, the volume of traffic on Beach Road has continued to increase, and now exceeds 7,000 vehicles per day; and WHEREAS, several serious accidents have occurred recently along Beach Road. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors requests the Virginia Department of Transportation to reduce the speed limit on Beach Road from Route 10 to Winterpock Road. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.9. APPROVAL OF CHANGE ORDERS 8.F.9.a. FOR THE ROUTE 60/CHARTER COLONY PARKWAY WIDENING PROJECT AND TRANSFER OF FUNDS On motion of Mr. Warren, seconded by Mr. Barber, the Board transferred $97,177 from the General Road Improvement Account to the Route 60/Charter Colony Parkway intersection improvement account and authorized the County Administrator to execute the unsuitable material change orders for the project up to $97,177. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8 F.9.b. FOR ROUTE 10 EASTBOUND LANE WIDENING PROJECT On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a change order to the construction contract with Simons Hauling Company, Incorporated, in the amount of $25,253.20, for asphalt overruns at the Route 10 Eastbound Lane 99-549 6/23/99 Widening Project (Meadowville Road to 1-295). (It is noted that contingency funds are available in the project to cover this change order.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.9 .c. FOR THE JAMES RIVER INDUSTRIAL CENTER - INDUSTRIAL ACCESS ROAD PROJECT On motion of Mr. Warren, seconded by Mr. Barber, the Board approved unsuitable material change orders, up to $100,000, for the James River Industrial Center - Industrial Access Road Project. (It is noted that contingency funds are available in the project to cover these change orders.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.9.d. FOR THE DESIGN OF THE NEW EMERGENCY COMMUNICATIONS CENTER On motion of Mr. Warren, seconded by Mr. Barber, the Board approved Change Order Number Six, in the amount of $25,251.05, to the contract with RCC Consultants for the design of the new Emergency Communications Center. (It is noted that contingency funds are available in the project to cover this change order.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.9 .e. FOR THE JUVENILE AND DOMESTIC RELATIONS COURTS PROJECT On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a change order to the construction contract with Kenbridge Construction Company, in the amount of $114,601, for the addition of a fire pump, including related revisions to the mechanical equipment yard enclosure and removal of excavation spoils due to communications cabling work at the Juvenile and Domestic Relations Court Facility. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-550 6/23/99 8.F.10. SET DATE FOR PUBLIC HEARINGS 8.F.10 .a. TO CONSIDER AN AMENDMENT TO THE THOROUGHFARE PLAN - EAST/WEST ROAD On motion of Mr. Warren, seconded by Mr. Barber, the Board set the date of July 28, 1999 at 7:00 p.m. for a public hearing to consider the deletion/modification of the recommended East/West Road between Second Branch and Riverway Roads. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.10.b. TO CONSIDER ZONING ORDINANCE AMENDMENTS RELATIVE TO SETBACKS FROM FLOODPLAINS AND WETLANDS On motion of Mr. Warren, seconded by Mr. Barber, the Board set the date of July 28, 1999 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting section 19-58 relating to floodplain requirements and an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting sections 17-2, 17-8, 17-40, 17-43 and 17-62 relating to jurisdictional wetlands, setbacks from jurisdictional wetlands and floodplains and the granting of alternatives to the subdivision provisions. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.10.c. TO CONSIDER AN AMENDMENT TO THE CAMP BAKER LEASE On motion of Mr. Warren, seconded by Mr. Barber, the Board set the date of July 28, 1999 at 7:00 p.m. for a public hearing to amend the Camp Baker Lease to eliminate the requirement for a Camp Ranger. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.11. AUTHORIZATION TO APPLY FOR GRANTS 8.F.11.a. POLICE DEPARTMENT FOR A CRIMINAL JUSTICE SERVICES GRANT FOR FUNDING THE SALARY OF A SCHOOL RESOURCE OFFICER FOR TURNING POINT ACADEMY On motion of Mr. Warren, seconded by Mr. Barber, the Board authorized the Police Department to apply for a Department of Criminal Justice Services Grant, in the amount of $46,542; $34,757 in Federal funds and $11,785 for a local cash match, 99-551 /23/99 created a new School Resource Officer position, and appropriated the necessary funds when approved. (It is noted the Police Department will work with the School Superintendent to utilize school funding for the local match of $11,785.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.11.b. COUNTY AIRPORT FOR A STATE AIRPORT IMPROVEMENT GRANT FOR FUNDING OF A MAINTENAI~CE STORAGE FACILITY On motion of Mr. Warren, seconded by Mr. Barber, the Board authorized the County Administrator to apply for and accept a Virginia Department of Aviation (VDA) Grant, appropriate the grant funds in the amount of $19,160, and enter into necessary contracts with the State government for expenditure of said funds; transfer $42,175 from the Airport local grant match account for funding the construction of a maintenance storage facility at the Airport; and authorized the County Administrator to award and enter into contracts with the lowest responsible bidder. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.12. 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 Chesdin Landing, Section 1, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Chesdin Landing, Section 1, 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. Warren, seconded by Mr. Barber, it is resolved that the roads in Chesdin Landing, Section 1, 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: 99-552 6/23/99 Name of Street: Chesdin Landing Drive Length: 1.03 mile From: End of section limits, 1.03 mile southwest of Ivey Mill Road, State Route 657 To: Ivey Mill Road, State Route 657, 1.43 mile west of River Road, State Route 602 Variable Right-of-Way Width: 50 to 60 feet. Name of Street: Chesdin Landing Place Length: 0.09 mile From: Chesdin Landing Drive, 0.69 mile southwest of Ivey Mill Road, State Route 657 To: Cul-de-sac, 0.09 mile southeast of Chesdin Landing Drive Guaranteed Right-of-Way Width: 65 feet. Name of Street: Chesdin Point Drive Length: 0.42 mile From: Cul-de-sac, 0.42 mile southwest of Chesdin Landing Drive To: Chesdin Landing Drive, 0.99 mile southwest of Ivey Mill Road, State Route 657 Guaranteed Right-of-Way Width: 60 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 40 lots. This section of Chesdin Landing is recorded as follows: Section 1, Plat Book 89, Page 44, December 14, 1995. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Chesdin Landing, Section 2, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Chesdin Landing, Section 2, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Warren, seconded by Mr. Barber, it is resolved that the roads in Chesdin Landing, Section 2, Matoaca District, be and they hereby are established as public roads. 99-553 6/23/99 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: Chesdin Landing Drive Length: 0.53 mile From: Cul-de-sac, 0.16 mile west of Chesdin Landing Court To: Section limits, 0.04 mile west of Chesdin Point Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Chesdin Landing Terrace Length: 0.28 mile From: Cul-de-sac, 0.28 mile southeast of Chesdin Landing Place To: Chesdin Landing Drive, 0.36 mile west of Chesdin Point Drive Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 34 lots. This section of Chesdin Landing is recorded as follows: Section 2, Plat Book 93, Page 44 through 48, March 7, 1997. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Chesdin Landing, Section 3, and a Re-subdivision of Chesdin Landing, Section 2, Lots 21 through 29, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Chesdin Landing, Section 3, and a Re-subdivision of Chesdin Landing, Section 2, Lots 21 through 29, Matoaca District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Warren, seconded by Mr. Barber, it is resolved that the road in Chesdin Landing, Section 3, and a Re-subdivision of Chesdin Landing, Section 2, Lots 21 through 29, Matoaca District, be and it hereby is established as a public road. 6/23/99 99-554 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: Chesdin Landing Court Length: 0.42 mile From: Cul-de-sac, 0.42 mile northwest of Chesdin Landing Drive To: Chesdin Landing Drive, 0.05 mile west of Chesdin Landing Terrace Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 19 lots. This section of Chesdin Landing is recorded as follows: Section 3, Plat Book 96, Pages 91 through 93, January 9, 1998. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Sycamore Village, Section A, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Sycamore Village, Section A, Midlothian District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Warren, seconded by Mr. Barber, it is resolved that the roads in Sycamore Village, Section A, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: 99-555 /23/99 Name of Street: Sycamore Village Drive Length: 0.18 mile From: Coalfield Road, State Route 754, at S. Carriage Lane, State Route 1016 To: Cul-de-sac, 0.18 mile east of Coalfield Road, State Route 754 Variable Right-of-Way Width: 50 to 90 feet. Name of Street: Sycamore Village Terrace Length: 0.05 mile From: Sycamore Village Drive, 0.10 mile east of Coalfield Road, State Route 754 To: Cul-de-sac, 0.05 mile north of Sycamore Village Drive Guaranteed Right-of-Way Width: 40 feet. Name of Street: Village Ridge Drive Length: 0.17 mile From: Cul-de-sac, 0.17 mile southeast of Sycamore Village Drive To: Sycamore Village Drive, 0.08 mile east of Coalfield Road, State Route 754 Variable Right-of-Way Width: 40 to 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 61 lots. This section of Sycamore Village is recorded as follows: Section A, Plat Book 88, Page 17, June 13, 1995. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.13. APPROVAL OF SEWER CONTRACT FOR GENITO ROAD 0FFSITE SEWER EXTENSION On motion of Mr. Warren, seconded by Mr. Barber, the Board approved the following Sewer Contract for Genito Road (2601) Offsite Sewer Extension - Contract Number 998-0023, which includes 1,565 L.F. ± of ten inch and 281 L.F. ± of eight inch offsite wastewater lines: Developer: Canal Land II LLC and The Gibson-Wall Company Contractor: Castle Equipment Corporation Contract Amount: Estimated Total - Total Estimated County Cost: Wastewater (Offsite) (Refund thru connections) Estimated Developer Cost Code: (Offsite) District: Clover Hill $101,196.61 $49,354.95 $51,841.66 5N-572VO-E4D 99-556 6/23/99 (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.14. AUTHORIZATION TO ENTER INTO A SPECIAL PROJECT SERVICE AGREEMENT WITH CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY FOR THE WASTE TIRE RECYCLING PROGRAM On motion of Mr. Warren, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a Special Project Service Agreement with the Central Virginia Waste Management Authority for waste tire collection/storage, hauling and processing services. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.15. ACCEPTANCE OF PARCELS OF LAND 8.F.15.a. ALONG THE WEST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY FROM CYCLE SYSTEMS, INCORPORATED On motion of Mr. Warren, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.106 acres along the west right of way line of Jefferson Davis Highway (State Route 1 and 301) from Cycle Systems, Incorporated, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.15.b. WEST OF THE WEST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY FROM AFFORDABLE RESIDENCES IN CHESTERFIELD, II On motion of Mr. Warren, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.0954 acres situated west of the west right of way line of Jefferson Davis Highway (State Route 1 and 301) from Affordable Residences in Chesterfield, II, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-557 6/23/99 8.F.15.c. ADJACENT TO AND EXTENDING WESTWARDLY FROM THE WEST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY FROM RICHMOND AFFORDABLE HOUSING On motion of Mr. Warren, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 1.342 acres adjacent to and extending westwardly from the west right of way line of Jefferson Davis Highway (State Route 1 and 301) from Richmond Affordable Housing, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHate. 8.F.15.d. ALONG THE SOUTH RIGHT OF WAY LINE OF HAPPY HILL ROAD FROM REEDS LANDING CORPORATION On motion of Mr. Warren, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.834 acres along the south right of way line of Happy Hill Road (State Route 619) from Reeds Landing 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: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.15.e. ALONG THE SOUTH RIGHT OF WAY LINE OF HAPPY HILL ROAD FROM VERNON LEE COUSINS, JR, AND ROXIE COUSINS On motion of Mr. Warren, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.101 acres along the south right of way line of Happy Hill Road (State Route 619) from Vernon Lee Cousins, Jr. and Roxie Cousins, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-558 6/23/99 8.F.15.f. ADJACENT TO THE WEST RIGHT OF WAy LINE OF WARBRO ROAD FROM IRVIN G. HORNER, HARIETTE M. HORNER AND CHARLES A. HORNER On motion of Mr. Warren, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.112 acres adjacent to the west right of way line of Warbro Road from Irvin G. Horner, Harriette M. Horner and Charles Horner, Trustee of the Estate of Charles A. Horner, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.16. REQUESTS FOR PERMISSION 8.F.16.a. CHESDIN COMPANY, L.L.C. TO INSTALL A NINE FOOT M_ASONRY WALL ON COUNTY PROPERTY On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a request from Chesdin Company, L.L.C. to install a nine foot masonry wall on County property, 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: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.16 .b. CINTAS CORPORATION - OHIO FOR A SIGN TO ENCROACH WITHIN A THIRTY-FIVE FOOT WATER EASEMENT On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a request from Cintas Corporation - Ohio for a sign to encroach within a thirty-five foot water 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: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.16 c. JAMES A. WEBB AND CHERYL T. WEBB TO CONSTRUCT A FLORIDA ROOM AND DECK WITHIN A EIGHT FOOT UTILITY EASEMENT On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a request from James A. Webb and Cheryl T. Webb to construct a florida room and deck within an eight foot utility easement, subject to the execution of a license agreement. (It 99-559 is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. $.F.16.d. W. PHILIP MORRISSETTE, III FOR A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT ON OLD GUN ROAD WEST On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a request from W. Philip Morrissette, III for a private water service to serve a residence at 3901 Old Gun Road West and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F,17. APPROVAL OF CONTRACTS 8 .F.17 .a. TO PURCHASE A PARCEL OF LAND SOUTH OF COGBILL ROAD FROM LOUISE R. BRANCH FOR EXPANSION OF MEADOW-BROOK HIGH SCHOOL On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a contract, in the amount of $115,000, for the purchase of a parcel of land containing 2.504 ± acres south of Cogbill Road from Louise R. Branch, widow, for the expansion of Meadowbrook High School and authorized the County Administrator to execute the necessary documents. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8 .F.17 .b. TO PURCHASE A PARCEL OF LAND ADJACENT TO COGBILL ROAD FROM HAROLD C. AND MERLE W. WINGFIELD FOR EXPANSION OF MEADOW-BROOK HIGH SCHOOL On motion of Mr. Warren, seconded by Mr. Barber, the Board approved a contract, in the amount of $2,000, for the purchase of a parcel of land containing .352 ± acre adjacent to Cogbill Road from Harold C. Wingfield and Merle W. Wingfield for the expansion of Meadowbrook High School and authorized the County Administrator to execute the necessary documents. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-560 6/23/99 8.F,17.C. TO LEASE TOWER SITE FOR THE COUNTY'S EMERGENCY COMMUNICATIONS CENTER FROM DRY BRIDGE PARTNERSHIP On motion of Mr. 'Warren, seconded by Mr. Barber, the Board approved a contract to lease a tower site from Dry Bridge Partnership for the County's Emergency Communications System and authorized the County Administrator to execute the contract and lease agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.18. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF A TWENTY FOOT WATER EASEMENT AND A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT FOR THE RUFFIN MILL WATERLINE PROJECT On motion of Mr. Warren, seconded by Mr. Barber, the Board authorized the County Attorney to proceed with eminent domain for the acquisition of a twenty foot water easement and a variable width temporary construction easement across the property of Steven Minor and Emily Minor, or their heirs, for the Ruffin Mill Waterline Project. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.19. ACCEPTANCE OF A QUITCLAIM DEED FROM VIRGINIA POWER FOR AN EASEMENT ACROSS ROYAL BIRKDALE BOULEVARD On motion of Mr. Warren, seconded by Mr. Barber, the Board accepted a quitclaim deed from Virginia Power for an easement across Royal Birkdale Boulevard and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8 .F.20. APPROVAL .OF REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS THE PROPERTY OF CROWN GOLF REALTY, L.L.C. On motion of Mr. Warren, 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 drainage easement (private) across 6/23/99 99-561 the property of Crown Golf Realty, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8 .F.21. APPROVAL TO PURCHASE A PARCEL OF LAND FOR AN EXISTING SEWER LINE EAST OF COACH ROAD On motion of Mr. Warren, seconded by Mr. Barber, the Board approved the purchase of a parcel of land containing 0.7 acres, more or less, for an existing sewer line lying east of Coach Road, at a purchase price of $2,000, from Marvin D. Goodrich, III, sole surviving heir of the shareholders of the Goodrich Corporation, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.22. CONVEYANCE OF EASEMENTS 8 .F.22 .a TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUND POWER LINE AT THE MEAD0WVILLE WASTEWATER PUMP STATION On motion of Mr. Warren, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install an underground power line to provide service to the Meadowville Wastewater Pump Station located at 1398 Bermuda Hundred Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.22.b. TO BELL ATLANTIC-VIRGINIA, INCORPORATED FOR INSTALLATION OF UNDERGROUND CABLE FOR THE NEW CENTRALIA FIRE STATION On motion of Mr. Warren, 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 to install underground cable to provide service for the new Centralia Fire Station Number 17, 99-562 6/23/99 located on Chester Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8 .F.22 .c. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUND PRIMARY CABLE FOR THE NEW CENTRALIA FIRE STATION On motion of Mr. Warren, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground primary cable to provide power for the new Centralia Fire Station Number 17, located on Chester Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8 .F.22 .d. TO BELL ATLANTIC-VIRGINIA, INCORPORATED FOR REPLACINGUNDERGROUND TELEPHONE CABLE AT CURTIS ELEMENTARY SCHOOL On motion of Mr. Warren, 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 to replace the underground telephone cable system that provides service for the C. E. Curtis Elementary School. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.23. APPROPRIATION OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME FUNDS FOR FY2000 On motion of Mr. Warren, seconded by Mr. Barber, the Board appropriated $4,000 in Community Development Block Grant (CDBG) program income and $45,000 in HOME program income for a total increase in appropriations of $49,000 for FY2000. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-563 6/23/99 ~.F,24, APPROVAL OF AN AGREEMENT WITH SCHOOL BOARD FOR USE OF SCHOOL BUSES FOR PROGRAMS BY PARKS AND RECREATION On motion of Mr. Warren, seconded by Mr. Barber, the Board authorized the County Administrator to execute an agreement, in a form approved by the County Attorney, with the Chesterfield County School Board for the use of school buses for programs conducted by the Department of Parks and Recreation. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8 .F.25. APPROPRIATION OF FUNDS FOR RENEWING OPTION TO PURCHASE PROPERTY FROM THE HAROLD G. PETERS' LIMITED FAMILY PARTNERSHIP FOR CREATION OF MEADOWVILLE TECHNOLOGY PARK On motion of Mr. Warren, seconded by Mr. Barber, the Board appropriated $1,447.20 to the Industrial Development Authority for the purpose of renewing the option to purchase approximately 33.5 acres of land located at 1311 Meadowville Road from the Harold G. Peters' Limited Family Partnership related to the creation of the Meadowville Technology Park. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8,F.26. AUTHORIZATION TO REFER OUTDOOR ADVERTISING ORDINANCE TO THE PLANNING COMMISSION TO CONSIDER RECOMMENDATIONS REGARDING THE AMORTIZATION OF BILLBOARDS AND SET DATE FOR PUBLIC HEARING On motion of Mr. Warren, seconded by Mr. Barber, the Board referred recommendations regarding the amortization of billboards to the Planning Commission and set a public hearing date of July 28, 1999 at 7:00 p.m. for the Board to consider revisions to the outdoor advertising ordinance. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.27 APPROVAL OF THE COUNTY'S CASH PROFFER POLICY On motion of Mr. Warren, seconded by Mr. Barber, the Board set the maximum acceptable cash proffer amount at $6200 per dwelling unit for FY2000. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-564 6/23/99 8 .F.28. AUTHORIZATION TO ENTER INTO REVISED CONTRACTS WITH SCHOOLS FOR WARE~0USE AND MAIL DELIVERY SERVICES On motion of Mr. Warren, seconded by Mr. Barber, the Board authorized the County Administrator to enter into new contracts with the Schools for storeroom and warehouse services and internal distribution and postal operations services. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.29, APPROVAL OF DEDICATION OF RECREATIONAL AREA FOR HOLLYMEADE SUBDIVISION On motion of Mr. Warren, seconded by Mr. Barber, the Board accepted the dedication of a parcel of land containing 3.6 acres for recreational purposes for Hollymeade Subdivision. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.30. APPROVAL OF RURAL CONSERVATION AREA STUDY On motion of Mr. Warren, seconded by Mr. Barber, the Board directed the Planning Department to conduct a detailed study of the boundaries of the Rural Conservation Area for the entire Southern and Western Plan area after completion of current and committed major projects. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 8.F.31. AUTHORIZATION TO USE INMATES FROM POCAHONTAS CORRECTIONAL CENTER TO ASSIST IN CUSTODIAL DUTIES AT THE LUCY CORR NURSING HOME On motion of Mr. Warren, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, State law and policy allows the use of State inmate work crews to provide public services within local government jurisdictions; and WHEREAS, State policy requires approval from the governing Board of Supervisors prior to allowing such inmate work crews to perform services within a County; and WHEREAS, the Lucy Corr Nursing Home has requested that inmates from the Pocahontas Correctional Center provide cleaning and custodial services at its facility; and 99-565 6/23/99 WHEREAS, there is no charge to the County for such services to be performed by the inmates from Pocahontas Correctional Center; and WHEREAS, the Board of Supervisors has the ability to revoke its approval of the use of inmate work crews at the Lucy Corr Nursing Home at any time. NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors of Chesterfield County that inmates from the Pocahontas Correctional Center may be used to perform cleaning and custodial services at the Lucy Corr Nursing Home. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 10. REPORTS On motion of Mr. Daniel, seconded by Mr. Warren, the Board approved 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 following roads were accepted into the State Secondary System: ADDITIONS LENGTH REMAINDER OF RIVERS BEND, SECTION 6 - (Effective 5/17/99) Demaret Drive (Route 4839) - From Route 4838 to Route 4842 0.16 Mi Hogan's Alley (Route 4835) - From 0.01 Mile South Route 4839 to 0.66 Mile Northwest Route 4839 0.67 Mi Middlecoff Drive (Route 4838) From 0.01 Mile South Route 4839 to 0.08 Mile Northwest Route 4837 0.20 Mi Sarazen Lane (Route 4837) - From Route 4835 to Route 4838 0.15 Mi Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. 99-566 6/23/99 11. DINNER On motion of Mr. Barber, seconded by Mr. Warren, the Board recessed to the front lawn of the old Historic Courthouse for dinner. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale. Reconvening: Mr. McHale returned to the meeting. 12. INVOCATION Reverend C. Wayne Martin, Pastor of Upper Room Chapel, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Miss Karen Marie Crosby, a Girl Scout who has earned the Gold Award, led the Pledge of Allegiance to the Flag of the United States of America. Mr. Norman Frigault, President of the Dale Ruritan Club, presented the Board with eight County flags, which represent the Club's dedication to the community. Mr. Daniel expressed appreciation to Mr. Frigault for the many contributions of the Dale Ruritan Club to the community. Mr. Barber made a motion, seconded by Mr. Warren, for the Board to suspend its rules to add Item 13.A., Adoption of Resolution Requesting United States Congress to Maintain Funding for Community Oriented Policing Programs (COPS Office), to the Agenda. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 13 .A. ADOPTION OF RESOLUTION REQUESTING UNITED STATES CONGRESS TO MAINTAIN FUNDING FOR COMMUNITY ORIENTED POLICING PROGRAMS (COPS OFFICE) Mr. Barber stated that he was notified by Senator Chuck Robb's office today that the COPS Program is not funded in the Senate budget. He further stated that Colonel Baker conferred with police association contacts in Washington, D.C. who strongly 99-567 6123199 suggested that the County adopt the proposed resolution to be sent to Senators Robb and Warner in an effort to ensure funding of the COPS program. Mr. Barber then made a motion for the Board to adopt a resolution requesting that the United States Congress maintain funding for community oriented policing programs. Mrs. Humphrey seconded the motion made by Mr. Barber and stated that both of the Senators do support the COPS Program. Mr. Daniel called for a vote on the motion made by Mr. Barber, seconded by Mrs. Humphrey, for the Board to adopt the following resolution: WHEREAS, Chesterfield County recognizes the existing crime problems and the benefits of the community oriented policing philosophy; and WHEREAS, the federal government has allocated funds for the purpose of assisting Chesterfield County Police Department in the hiring of additional officers to further the philosophy of community oriented policing; and WHEREAS, Chesterfield County Police Department has developed and implemented programs with the resources made available by the federal government, has demonstrated commitment to the community oriented policing philosophy and is now beginning to see the benefits of the program; and WHEREAS, Chesterfield County will soon be required to fund the continuation of the community oriented policing program; and WHEREAS, the discontinuation of community oriented policing programs may negatively impact the quality of life within Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors supports efforts to amend Senate Bill 1217, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, in order to ensure that, at a minimum, the COPS program receives the level of funding that is currently authorized to receive in FY2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-568 6/23/99 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14 .A. RECOGNIZING DR. HAROLD MATHEWS FOR HIS SERVICE TO THE JAMES RIVER SOIL AND WATER CONSERVATION DISTRICT BOARD Mr. Nunnally stated that Dr. Harold Mathews was unable to attend the meeting due to illness. He introduced Mr. W. D. Kreider, Mr. George Board and Mr. Tom Evans, members of the James River Soil and Water Conservation District Board, who were present to receive the resolution on behalf of Dr. Mathews. On motion of the Board, the following resolution was adopted: WHEREAS, Dr. Harold L. Mathews began his service to Chesterfield County in 1961 as a member of the Soil Survey Team which mapped the County's soils; and WHEREAS, Dr. Mathews was first selected to serve on the Board of Directors for the James River Soil and Water Conservation District in 1979 and has worked diligently since that time, on the County's behalf, to help protect our valuable soil and water resources; and WHEREAS, Dr. Mathews served as the Chairman of the Soil and Water Conservation District's Board of Directors for eight years, providing leadership to the staff and Board of Directors serving both Chesterfield and Prince George Counties; and WHEREAS, Dr. Mathews was appointed by the Chesterfield County Board of Supervisors in 1991 to serve on the County Shrink Swell Soils Task Force and helped create and conduct training on shrink swell soils for regional code officials; and WHEREAS, Dr. Mathews has announced his decision to resign his position on the Board of Directors of the James River Soil and Water Conservation District after nearly two decades of service. NOW THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby publicly recognizes Dr. Harold L. Mathews, commends him for his commitment to soil and water conservation and extends its appreciation for his dedicated service to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Dr. Mathews and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. Kreider, accompanied by Messrs. Board and Evans, on behalf of Dr. Mathews, expressed appreciation for Dr. Mathews' dedicated service, and wished him a speedy recovery. 6/23/99 99-569 Messrs. Kreider, Board and Evans each expressed appreciation for Dr. Mathews' leadership and many years of volunteer service. Mrs. Humphrey expressed appreciation to Messrs. Kreider, Board and Evans for their conservation efforts towards farming, land use and forest management. 14.B. RECOGNIZING THE B0N AIR VILLAGE PRESERVATION COMMITTEE Mr. Poole introduced Ms. Jo Garey, Chairman of the Bon Air Village Preservation Committee. Ms. Garey introduced Mrs. Joan Girone and Ms. Susan Anderson, members of the Bon Air Village Preservation Committee. She expressed appreciation to Mr. Ernie Rose, a Committee member who was unable to attend the meeting and also thanked Mr. Tom Jacobson for his support. She was joined by other members of the Committee as well as business leaders who were present to receive resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, the Village of Bon Air was established as a resort community in the late 1870s; and WHEREAS, many of the homes built in Bon Air in the late 1800s still grace the area today; and WHEREAS, the Bon Air Village Preservation Committee has worked diligently to preserve the beauty and historic integrity of the Village of Bon Air; and WHEREAS, the Bon Air Village Preservation Committee has partnered with Exxon Corporation, CVS Corporation, the Bon Air Shopping Center and many others to preserve the special character of the village; and WHEREAS, the Committee's leadership and members have unselfishly devoted their time and talents to these endeavors; and WHEREAS, these actions have helped to preserve the special character, historic integrity and appeal of the Village of Bon Air. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors commends the Bon Air Village Preservation Committee on its ongoing commitment to maintaining the beauty and special appeal of the Village of Bon Air, and wishes the Committee continued success in these important endeavors. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-570 6/23/99 Mr. Barber presented the executed resolution to Ms. Garey and expressed appreciation for the efforts of the Bon Air Village Preservation Committee to preserving the historic integrity of the Village of Bon Air. 14 .C. 14.C.1. RECOGNIZING BUSINESSES FOR THEIR EFFORTS TOWARDS THE PRESERVATION OF THE VILLAGE OF BON AIR MR. W. E. SINGLETON, CRENSHAW-SINGLETON PROPERTIES On motion of the Board, the following resolution was adopted: WHEREAS, the Village of Bon Air was established as a resort community in the late 1870s; and WHEREAS, many of the homes built in Bon Air in the late 1800s still grace the area today; and WHEREAS, the Bon Air Village Preservation Committee has worked diligently to preserve the beauty and historic integrity of the Village of Bon Air; and WHEREAS, Mr. W. E. Singleton of Crenshaw-Singleton Properties worked in partnership with the Bon Air Village Preservation Committee, when renovating the Bon Air Shopping Center, to preserve and enhance the look of the village by these renovations, including a new parking lot, enhanced facade, landscaping and signage; and WHEREAS, these actions helped to preserve the special character, historic integrity and appeal of the Village of Bon Air. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. W. E. Singleton of Crenshaw-Singleton Properties and commends him on this demonstration of civic pride and spirit of cooperation, which will enhance the appeal of this historic village area for years to come. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution to Mr. Singleton and expressed appreciation for his voluntary renovation of the Bon Air Shopping Center. 14.C.2. MR. ALLEN MILLER, CVS CORPORATION On motion of the Board, the following resolution was adopted: WHEREAS, the Village of Bon Air was established as a resort community in the late 1870s; and 99-571 6/23/99 WHEREAS, many of the homes built in Bon Air in the late 1800s still grace the area today; and WHEREAS, the Bon Air Village Preservation Committee has worked diligently to preserve the beauty and historic integrity of the Village of Bon Air; and WHEREAS, Mr. Allen Miller of the CVS Corporation worked in partnership with the Bon Air Village Preservation Committee, when designing its retail store in a remodeled building in the village, to preserve and enhance the look of the commercial intersection near the store; and WHEREAS, these actions helped to preserve the special character, historic integrity and appeal of the Village of Bon Air. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Allen Miller of the CVS Corporation and commends him on this demonstration of civic pride and spirit of cooperation, which will enhance the appeal of this historic village area for years to come. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution to Mr. Jeff Swanson, District Manager of CVS Corporation, on behalf of Mr. Miller, and expressed appreciation for the efforts of CVS towards preservation of the Bon Air Village. Mr. Swanson expressed appreciation to the Board for the recognition. 14.C.3. MR. STEVE RHODES, EXXON CORPORATION On motion of the Board, the following resolution was adopted: WHEREAS, the Village of Bon Air was established as a resort community in the late 1870s; and WHEREAS, many of the homes built in Bon Air in the late 1800s still grace the area today; and WHEREAS, the Bon Air Village Preservation Committee has worked diligently to preserve the beauty and historic integrity of the Village of Bon Air; and WHEREAS, Mr. Steve Rhodes of Exxon Corporation worked with the Bon Air Village Preservation Committee, when rebuilding its gas station and convenience store in the village; and WHEREAS, Mr. Rhodes was extremely cooperative in selecting signage, constructing a sidewalk and agreeing to pay for streetlights; and 99-572 6/23/99 WHEREAS, these actions set the tone for future construction in the village and helped to preserve the special character, historic integrity and appeal of the Village of Bon Air. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Steve Rhodes of Exxon Corporation and commends him on this demonstration of civic pride and spirit of cooperation, which will enhance the appeal of this historic village area for years to come. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution to Mr. Rhodes and expressed appreciation for Exxon's efforts towards preservation of the Bon Air Village. Mr. Rhodes expressed appreciation to the Board for the recognition and also to Mrs. Joan Girone and Mr. Tom Jacobson for the support given during renovation. 14 D. RECOGNIZING MISS KAREN MARIE CROSBY UPON ATTAINING THE GOLD AWARD Mr. Hammer introduced Miss Karen Crosby who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than 6 percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Karen Marie Crosby, Troop 70, sponsored by Bermuda Hundred United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and 6~23/99 99-573 WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her County, Karen 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 Miss Karen Marie Crosby and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. McHale presented the executed resolution and patch to Miss Crosby, accompanied by members of her family, congratulated her on her outstanding achievements, and wished her well in her future endeavors. 14 .E. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 14.E.1. PAUL D. CASSADA, BERMUDA DISTRICT Mr. Hammer introduced Mr. Paul Cassada who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and 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. Paul D. Cassada, Troop 877, sponsored by Chester Presbyterian 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, Paul is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. 99-574 6/23/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Paul D. Cassada and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays:None. Mr. McHale presented the executed resolution and patch to Mr. Cassada, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 14.E.2. JOHN H. R. BELL, BERMUDA DISTRICT Mr. Hammer introduced Mr. John Bell who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 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; Mr. John H.R. Bell, Troop 877, sponsored by Chester Presbyterian 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, John 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. John H.R. Bell and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. McHale presented the executed resolution and patch to Mr. Bell, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 99-575 6/23/99 14.E.3. BRANDON LEIGH HAWKINS, BERMUDA DISTRICT Mr. Hammer introduced Mr. Brandon Hawkins who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and 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. Brandon Leigh Hawkins, Troop 877, sponsored by Chester Presbyterian Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Brandon is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Brandon Leigh Hawkins and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. McHale presented the executed resolution and patch to Mr. Hawkins, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 14.E.4. KYLE BRANDON RIVES, MATOACA DISTRICT Mr. Hammer introduced Mr. Brandon Rives who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 99-576 6/23/99 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. Kyle Brandon Rives, 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, Kyle 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. Kyle Brandon Rives and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Rives, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON T~R CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS,- CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND T~ERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 99SN0164 In Bermuda Magisterial District, FRIDLEY'S WELDING SERVICE requested rezoning and amendment of zoning district map from Community Business (C-3) to General Business (C-5) . Expansion of a welding service is planned. However, with approval of this request, other C-5 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the 6/23/99 99-577 property is appropriate for general commercial use. This request lies on 0.7 acre fronting approximately 100 feet on the west line of Jefferson Davis Highway, approximately 50 feet south of Gayland Avenue. Tax ID 791-677-3297, 3392 and 4695 (Sheet 23). Ms. Rogers stated that the applicant has requested a deferral to October 27, 1999. There was no opposition to the deferral present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board deferred Case 99SN0164 until October 27, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber stated that he and Mr. McHale each have a case with minor technical opposition and requested that the cases be heard in order following the consent agenda. Mr. Daniel stated that the cases could be heard at the end of the zoning consent agenda, provided they did not require over two minutes of discussion. 99SN0218 In Bermuda Magisterial District, SHARLENE O. GREGORY requested rezoning and amendment of zoning district map from Residential (R-7) to General Business (C-5) . The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 1.07 acres known as 2400 Willis Road. Tax ID 794-671-2831 (Sheet 23). Ms. Rogers presented a summary of Case 99SN0218 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. She noted that the request conforms to the Jefferson Davis Corridor Plan. Mr. Dean Hawkins, 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 99SN0218 and accepted the following proffered conditions: Prior to any site plan approval, forty-five (45) feet of right-of-way on the north side of Willis Road and thirty (30) feet of right-of-way on the west side of Pams Avenue, as measured immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 99-578 6/23/99 o o o o o No direct vehicular access shall be provided from the property to Willis Road. Access from the property Pams Avenue shall be limited to one (1) entrance/exit, located at the northern property line. The exact location of this access shall be approved by the Transportation Department of Chesterfield County. The following C-5 uses shall not be permitted: a) Cocktail lounges and night clubs b) Fraternal uses c) Liquor stores d) Material reclamation, receiving centers-aluminum, glass, plastic and paper products only e) Tire recapping and vulcanizing establishments f) Fur dressing and dyeing g) Linoleum, asphalt-felt based and other hard surface floor cover manufacturing h) Mortician's goods manufacturing I) Paper recycling by the compaction method j) Rectifying and blending of liquors k) Wholesaling houses and distributors of alcoholic beverages 1) Wine, brandy and brandy spirits manufacturing The preliminary site plan by Dean E. Hawkins, ASLA, dated 31 March 1999, entitled "Willis Road Hotel", shall be considered to be the masterplan for this site and is hereby made a part of this request. The setback area between the proposed building and parking areas and the property to the west known as GPIN: 794-671-1026, also known as 2410 Willis Road shall be planted with Perimeter Landscaping Type The setback area between the proposed building and Willis Road (State Route 613) shall be planted with Perimeter Landscaping Type "B". The setback area between the proposed building and Pams Avenue (State Route 626) shall be planted with Perimeter Landscaping Type "A". 99-579 6/23/99 o The architectural style, materials of construction and colors of the building shall generally conform to that which is depicted on the site masterplan referenced in Proffered condition #4. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SR0254 In Bermuda Magisterial District, LYNWOOD AND LAURIE FIELDS requested renewal of a Conditional Use (Case 93SN0132) and amendment of zoning district map to permit a stock farm, to allow the keeping of three (3) horses, in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01 to 2.50 units per acre. This request lies on 3.0 acres lying off the southwest terminus of Gill Street, approximately 581 feet southwest of the intersection of Gill and Percival Streets, also known as 4245 Gill Street. Tax ID 789-652-Part of 7389 (Sheet 26). Ms. Rogers presented a summary of Case 99SR0254 and stated that the Planning Commission and staff recommend approval subject to conditions. Ms. Laurie Fields stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SR0254 subject to the following conditions: This Conditional Use shall be granted to and for Lynwood and Laurie Fields, exclusively, and shall not be transferable nor run with the land. (P) o The horse paddock, stable and associated facilities shall be cleaned and made free of waste daily. Waste shall be stored in enclosed containers and disposed of weekly. In addition, the applicant shall employ a means of eliminating any odor problems and propagation of insects. (p) o This Conditional Use shall be limited to the keeping of three (3) horses. (P) o The horse paddock, stable and associated facilities shall be located as generally shown on the plan submitted with the application and attached to the "Staff's Request Analysis and Recommendation." Provided, however, that the paddock, stable and associated facilities may be relocated if such improvements are located at least twenty-five (25) feet from other individuals' property lines. (P) 99-580 6/23/99 A minimum of one (1) acre of land area shall be maintained for each horse kept on the property. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0259 (Amended) In Midlothian Magisterial District, SENIOR DEVELOPMENT SERVICES LLC requested amendment to a Conditional Use Planned Development (Case 88SN0202) and amendment of zoning district map to allow multi-family residential uses, plus exceptions to buffer, number of parking spaces and maximum building height requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies in a Corporate Office (0-2) District on 7.9 acres fronting approximately 500 feet on the northeast Robious Road, also fronting approximately 400 feet northwest line of West Huguenot Road and located northwest quadrant of the intersection of these roads. 740-715-3937 (Sheet 2). line of on the in the Tax ID Ms. Rogers presented a summary of Case 99SN0259 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of proffered conditions. She stated that, subsequent to the Planning Commission meeting, an additional proffered condition was submitted at the request of Mr. Will Shewmake, Midlothian District Planning Commissioner, requiring that any BMP be designed as an amenity. She further stated that the additional proffered condition was submitted in accordance with the Board's procedure and that staff recommends acceptance. Mr. Jim Theobold, representing the applicant, stated that the recommendation is acceptable. Due to someone being present to speak, the Case was moved to the end of the Consent Agenda. 99SN0264 In Bermuda Magisterial District, CHESTERFIELD POLICE AND CHESTERFIELD FIRE requested Conditional Use Planned Development and amendment of zoning district map to allow a communications tower with height and setback exceptions in a Light Industrial (I-l) District. 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 general industrial use. This request lies on 1 acre fronting approximately 175 feet on the south line of Bermuda Hundred Road, approximately 99-581 6/23/99 600 feet west of Discovery Drive. (Sheet 28). Tax ID 828-650-Part of 6930 Ms. Rogers presented a summary of Case 99SN0264 and stated that the Planning Commission and staff recommend approval subject to conditions. She noted that the proposed request conforms to the siting criteria for towers. Mr. Robert Eanes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0264 subject to the following conditions: 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. 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 any 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: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. 99-582 6/23/99 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) 0 At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) 0 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 screenzng 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.) o With the approval of this request, a 363 foot exception to the 150 foot height limitation for a communications tower in a Light Industrial (I-l) District shall be granted. (P) With the approval of this request, the following setback exceptions: A 498 foot exception to the required 498 foot setback from the eastern property boundary line. b° A 498 foot exception to the required 498 foot setback from the western property boundary line. C · A 508 foot exception to the required 508 foot setback from the rear property boundary line for a communications tower in a Light Industrial (I-l) District shall be granted. (P) 10. The tower compound, excluding the access to Bermuda Hundred Road, shall be located a minimum of 100 feet from the existing right-of-way of Bermuda Hundred Road. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0259 (Amended) In Midlothian Magisterial District, SENIOR DEVELOPMENT SERVICES LLC requested amendment to a Conditional Use Planned Development (Case 88SN0202) and amendment of zoning district map to allow multi-family residential uses, plus exceptions to 6/23/99 99-583 buffer, number of parking spaces and maximum building height requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies in a Corporate Office (0-2) District on 7.9 acres fronting approximately 500 feet on the northeast line of Robious Road, also fronting approximately 400 feet on the northwest line of West Huguenot Road and located in the northwest quadrant of the intersection of these roads. Tax ID 740-715-3937 (Sheet 2). Mr. James Rountree, a resident of Robious Road, expressed concerns relative to the exceptions for buffer, parking space and building heights. There being no one else to address this issue, the public hearing was closed. Ms. Rogers stated that the proposed development is for multi- family residential uses and limited to the elderly. She further stated that there would be a requirement that the facility be architecturally compatible with the adjacent multi- family project. She stated that, currently, office buildings can be constructed to a height of three stories and other users are limited to only one story and that increasing the height for the multi-family facility would be consistent with the office building height that is currently permitted on the property. She further stated that, since the project is limited to the elderly, staff estimates that the typical number of parking spaces required for multi-family is not necessary. Mr. Barber made a motion, seconded by Mr. McHale, for the Board to approve Case 99SN0259 subject to conditions and acceptance of proffered conditions. There was brief discussion relative to the proximity of the proposed development in relation to Mr. Rountree's property. Mr. Daniel called for a vote on the motion made by Mr. Barber, seconded by Mr. McHale, for the Board to approve Case 99SN0259 subject to the following conditions: Except as stated herein, the amended Textual Statement dated May 18, 1999, shall apply to the request property only. (P) (Note: Ail other conditions of previous zoning cases apply except as amended by this case.) Multi-family residential uses shall be limited to a maximum of eighty (80) dwelling units. (P) And, further, conditions: the Board accepted the following proffered 99-584 6/23/99 Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the federal Housing Law, and such other applicable federal, state, or local legal requirements, any dwelling unit within Parcel D shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age residing therein. o Buffers within Parcel D. Condition 22 of Case 88SN0202 is hereby amended such that to the extent the Property is developed for multifamily residences for the elderly and medical office buildings, no internal buffer shall be required between such aforesaid residential and non-residential uses within Parcel D. Cash Proffer. For each new dwelling unit within Parcel D, the applicant, subdivider, or assignee(s) shall pay $1,250.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 1999. At the time of payment, the $1,250.00 will be allocated pro-rata among the facility costs as calculated annually by the County Budget Department as follows: $686 for parks, $299 for library facilities and $265 for fire stations. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $1,250.00 per unit (prorated as set forth above) and shall be adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1998 and July 1 of the fiscal year in which the payment is made if paid after June 30, 1999. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees in a manner as determined by the County. Virginia Condominium Act. Ail dwelling units on the Property shall be condominiums as defined and regulated by the Virginia Condominium Act. o Drainage. Any facilities required for water quantity or quality control shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-585 6/23/99 99SN0253 In Midlothian Magisterial District, HUNT ASSISTED LIVING, LLC requested rezoning and amendment of zoning district map from Agricultural (A) to Corporate Office (0-2). 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 and office use. This request lies on 13.7 acres fronting approximately 900 feet on the north line of Robious Road and lying approximately 380 feet east of Huguenot Road. Tax ID 741-714-Part of 6684 (Sheet 2). Ms. Rogers presented a summary of Case 99SN0253 and stated that concern was expressed at the Planning Commission meeting relative to the potential traffic impact from the proposed development on Robious and Cranbeck Roads. She further stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. She stated that, subsequent to the Planning Commission meeting, two additional proffered conditions were submitted at the request of Mr. Will Shewmake, Midlothian District Planning Commissioner, addressing requirements relative to BMPs and signage. She further stated that the additional proffered conditions were submitted in accordance with the Board's procedure and that staff recommends acceptance. She stated that the proposed development conforms to the Northern Area Plan. Mr. Paul Horonjak, representing the applicant, stated that the recommendation is acceptable. Mr. James Rountree, a resident of Robious Road, expressed concerns relative to traffic control and disposal of waste from the proposed development. He further expressed concerns relative to unsecured waste blowing from waste collection trucks into the yards of Robious Road residents. Mr. Daniel suggested that Mr. Rountree speak with Ms. Rogers in an effort to address his concerns. There being no one else to address this issue, the public hearing was closed. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0253 and accepted the following proffered conditions: 1. No building shall exceed a height of three (3) stories. 2. The public wastewater system shall be used. o Prior to any site plan approval, forty-five (45) feet of right-of-way, on the north side of Robious Road (measured from the center-line of that part of Robious Road, immediately adjacent to the subject property), shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 99-586 6/23/99 o 0 o Direct access from the subject property to Robious Road shall be limited to one (1) entrance/exit. This access shall be located approximately midway along the Robious Road frontage, aligning the Dunbrook Road intersection. The exact location of that access shall be approved by the Transportation Department. Prior to the issuance of an occupancy permit, additional pavement shall be constructed along Robious Road at the approved access to provide left and right turn lanes, based on Transportation Department standards. The Developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way and/or easements required for these road improvements. The Developer shall construct a storm water detention facility on the property to limit the 10-year post-developed flow rate to the 2~year pre-developed flow rate and also limit the 100-year post-developed flow rate to the 100-year pre-developed flow rate for that portion of property draining toward the fifteen inch (15") pipe under Cranbeck Road at the railroad crossing. For any facility providing residence services for the memory impaired, memory disabled or mentally incompetent, all doors providing exterior access shall be connected to a master internal alarm system. For any three (3) story building, a minimum of seventy-five (75) percent of each exterior side (excluding breezeways, doors, windows and similar common area passageways and openings) shall incorporate brick. For any building less than three (3) stories, a minimum of ninety (90) percent of each exterior side (excluding breezeways, doors, windows and similar common area passageways and openings) shall incorporate brick. The color of the brick in all buildings shall be a shade of red. Buildings shall be designed so as not to appear to have a flat roof. Design of all buildings shall incorporate creative use of design elements such as, but not necessarily limited to balconies, terraces, sculptured or textural relief of facades, varied roof line sand other appurtenances so as to avoid monotonous facades or large bulky masses. Any facilities required for water quantity or quality control shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. 99-587 6/2 /99 10. Ail signage shall comply with the requirements of the Zoning Ordinance Development Standards. Waivers or variances from the signage requirements of the Zoning Ordinance shall not alter this condition. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0261 In Bermuda Magisterial District, TASCON GROUP, INC. requested rezoning and amendment of zoning district map from Residential (R-7) to Residential Multi-Family (R-MF) with Conditional Use Planned Development to permit an adult day care facility and bulk exceptions. The applicant has agreed to limit development to a maximum of sixty-eight (68) units, yielding a density of approximately 5.9 units per acre. The Comprehensive Plan suggests the property is appropriate for mixed use: neighborhood office and residential (1 to 2.5 units per acre} and for residential use of 1.01 to 2.5 units per acre. This request lies on 11.6 acres fronting approximately 1,000 feet on the south line of West Hundred Road, also fronting approximately 400 feet on the west line of Mason Avenue and located in the southwest quadrant of the intersection of these roads. Tax ID 795-655-0436, 2021, 794-655-6729 and 6354 (Sheet 26) . Ms. Rogers presented a summary of Case 99SN0261 and stated that staff recommends approval subject to the applicant fully addressing the impact on capital facilities consistent with the Board's policy. She further stated that, although the applicant has offered a cash proffer in the amount of $3916 for each dwelling unit in excess of the six units currently permitted on the property, the proffer fails to fully address the potential impact on schools. She stated that the Planning Commission, on a vote of three affirmatives and two abstentions, recommended approval subject to conditions and acceptance of the proffered conditions and indicated that, considering the unique circumstances, the affirmative Commissioners felt that the cash proffer being offered for schools was adequate. She further stated that the abstaining Commissioners indicated that theY felt additional time was needed to study the proposal. Mr. John Easter, representing the applicant, stated that the Planning Commission's recommendation is acceptable. He reviewed the history of the applicant's projects in the State and stated that less than one percent of the 104 units sold has had a school-age child. He further stated that he feels offering 25% of the normal school proffer as well as full proffer for all of the other elements is a good-faith offer by the applicant. There was no opposition present. 99-588 6/23/99 Mr. Daniel referenced a past zoning case whereby a partial cash proffer was accepted and stated that, when appropriate, he feels this is the right thing to do. After brief discussion, Mr. McHale made a motion, seconded by Mr. Warren, the Board approved Case 99SN0261 subject to the following conditions: Street trees shall be planted along each side of the entrance driveway to West Hundred Road and along each side of the main driveways and cul-de-sacs which provide access to driveways and parking areas serving residences. The exact spacing, species and size shall be approved by the Planning Department at the time of site plan review. (P) o Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance, Sections 19-516 through 19-518 (f). Landscaping shall be designed to: minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The exact numbers, spacing, arrangement and species shall be approved by the Planning Department at the time of site plan review. (P) o A thirty-five (35) foot landscaped area shall be maintained adjacent to West Hundred Road and a twenty-five (25) foot landscape area shall be maintained along Curtis Circle. The exact treatment of these areas shall be approved by the Planning Department at the time of site plan review. A twenty-five (25) foot landscaped area shall be maintained adjacent to Mason Avenue. Within this area, landscaping shall be accomplished which will minimize the view of buildings and parking areas from Mason Avenue. The exact treatment of this area shall be approved by the Planning Department at the time of site plan review. P & CPC) Concrete curb and gutter shall be installed along the mamn driveways and cul-de-sacs which provide access to driveways and parking areas serving residences. (EE) (NOTE: Other than the parking area for the clubhouse building, this condition will not require installation of curb and gutter along driveways and parking areas which serve individual buildings unless necessary for proper drainage, as determined by Environmental Engineering.) ° A minimum of 0.75 acre of open space/recreation area shall be provided on the property in an area lying at the southern terminus of the entrance road, adjacent to, and including the clubhouse area, as depicted on the site plan 99-589 referenced by Proffered Condition 7. The area shall be located and positioned to provide a "focal point" as one enters the project. Part of the area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. The exact design and location shall be approved by the Planning Department at the time of site plan review. (P) Sidewalks shall be provided along West Hundred Road, on one (1) side of the entrance road and along at least one (1) side of the loop road, as depicted on the site plan referenced in Proffered Condition 7. Further, a sidewalk or pedestrian path shall be provided from the south side of the loop road in the open space/recreational area referenced in Condition 7. (P) If a retention pond, or any water quality pond is provided, they shall be designed as a wet pond and an amenity. The exact design and treatment shall be approved at the time of site plan review. (P) Except as stated herein, the requested exceptions shall be granted. (P) And, further, the Board accepted the following proffered conditions: Virginia Condominium Act. Ail dwelling units on the Property shall be condominiums as defined and regulated by the Virginia Condominium Act. o Cash Proffer. The applicant, subdivider, or assignee(s) shall pay $3,916 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for each new dwelling unit constructed in excess of forty-six (46) units for infrastructure improvements within the service district for the Property if paid prior to July 1, 1999. At the time of payment, the $3,916 will be allocated pro-rata among the facility costs as calculated annually by the County Budget Department as follow: $1,905 for roads, $686 for parks, $299 for library facilities, $761 for schools and $265 for fire stations. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $3,916 per unit (prorated as set forth above) and shall be adjusted upward by an increase in the Marshall and Swift Building Cost Index between July 1, 1998 and July 1 of the fiscal year in which the payment is made if paid after June 30, 1999. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees in a manner as determined by the County. 99-590 6/23/99 10. 11. 12. 13. Access. Direct access to Route 10 shall be limited to one (1) entrance/exit in the approximate location as shown on the Schematic Site Plan attached hereto as Exhibit "C", subject to final approval by the Transportation Department. There shall be no access to Mason Avenue, Grove Avenue or Curtis Circle; however, the foregoing shall not preclude an additional entrance/exit restricted to use by emergency vehicles only. 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. Recreation Area. The clubhouse building and related recreation amenities shall be developed concurrent with the first phase of development. Group Homes. To the extent permitted by law, groups homes shall be prohibited. Site Plan and Elevations. Development of the Property shall be in substantial conformance with (I) the architectural appearance shown on the elevations attached hereto as Exhibits "A" and "B" and (ii) the Schematic Site Plan dated February 12, 1999, prepared by Balzer and Associates, Inc. attached hereto as Exhibit "C". The materials depicted on the elevations are brick veneer, composition siding and 20 year asphalt roof shingles. Street Lighting; Street Tree Planting. Along Route 10, street lighting and street tree planting shall comply with standards applicable to Chester Village Areas as set forth in Section 19-608 (d) and (e) of the Chesterfield County Code. Timbering Restriction. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. Public Utilities. used. The public waste water system shall be Restriction on Children's Play Facilities. The common area recreational amenities shall not include playground equipment, play fields or other facilities primarily associated with children's play. Adult facilities including, but not limited to, swimming pools, putting greens or shuffleboard may be permitted. Density. There shall be no more than sixty-eight (68) units developed on the Property. Adult Day Care. Any adult day care facility developed on the Property shall be located within the Clubhouse shown on the Schematic Site Plan. 99-591 6/23/99 14. Transportation. Prior to any site plan approval, forty-five (45) feet of right of way on the south side of Route 10, measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Prior to the issuance of any occupancy permit, additional pavement shall be constructed along the eastbound lanes of Route 10 at the approved access to provide a right turn lane. The developer shall dedicate, free and unrestricted, to and for the benefit of Chesterfield County, any additional right of way (or easements) required for this road improvement. 15. Burning. During the clearing of the site, burning of cleared materials on the Property shall be prohibited. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16. PUBLIC HEARINGS 16 .A. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO BUSINESS LICENSE FEES Mr. Ramsey stated that the 1999-2000 budget was adopted with two changes affecting the BPOL tax -- reduction of the fee on businesses that have $100,000 or less gross receipts to a $50 maximum from a $100 maximum and reduction of $570,000 in business license taxes. He further stated that staff recommended Option One to reduce rates in four business license categories by approximately ten percent which would produce the $570,000 revenue reduction and stated that Mr. McHale recommended Option Two that would reduce the business license tax through an exemption of $40,000 over the $100,000 of gross receipts. He stated that the basic difference in the two options is that Option One would affect the rates and actually have a higher impact on businesses that do larger gross receipts and the exemption method would give a fixed exemption for all businesses and, therefore, would affect more businesses. He further stated that a public hearing was held on May 25, 1999 and continued to this date and time in an effort to receive input from business organizations as to which option they felt was best. Mr. Bill Baxter, President of the Retail Merchants Association of Greater Richmond, stated that the Association supports Option Two. He further stated that the Association hopes that this action of the Board be just a beginning to looking at an overall tax structure for the County's business community. Ms. Alice Clark, Chairman of the Chesterfield Business Council 6/23/99 99-592 (CBC), expressed appreciation to the Board for making a reduction in the business license tax possible. She stated that the CBC supports the $40,000 exemption because it will affect a greater number of businesses and requested that the Board continue to work with the business community in an effort to make the County a competitive place to conduct business. Mr. Paul Scott, Vice President of the Central Chesterfield Business Association (CCBA), stated that he attended the last public hearing but did not speak due to the business community having an unclear consensus as to their choice of the option for tax reduction. He stated that, after polling the CCBA's membership, 45% favor the rate reduction and 55% favor the exemption option; therefore, the CCBA supports the exemption option. He further stated that the CCBA would like to see a cap on BPOL revenue that would benefit everyone; a move towards future reduction and eventual elimination of the tax; and the formation of a study group consisting of business people. Ms. Julie Walker, a business owner in the Matoaca District, stated that she feels the rate reduction option is not fair to all business owners and that it would deter new businesses. She further stated that she feels the $40,000 exemption option would best serve the business community. Ms. Marlene Boswell, representing The Personal Secretary, Incorporated, stated that she feels BPOL is the most unfair tax for existing and incoming businesses because it hinders economic business growth. She expressed concerns relative to the amount of taxes paid by businesses and requested that the Board place a cap on the BPOL tax in an effort to attract more businesses for economic growth. She stated that she feels a cap on the BPOL tax would represent a good faith showing by the Board to all businesses and that she supports Option Two. There being no one else to speak to this issue, the public hearing was closed. Mr. Daniel stated that only people can effect change and encouraged the public to speak in the future on relevant issues in an effort to effect change. He further stated that he feels discussion on taxes needs to be opened to include the real estate tax. Mr. Daniel then made a motion, seconded by Mr. McHale, for the Board to approve Option Two for capping the BPOL tax for FY2000. Mr. Barber stated that he and Mr. McHale attended a meeting with several members of the business community and County staff on June 22, 1999 and that he looks forward to participating in future dialogues relative to the tax structure in its entirety. Mr. Warren stated that he attended a Chesterfield Business Council meeting in the spring of 1999 whereby he pledged that the Board would cap BPOL. He further stated that he is pleased that the Retail Merchants Association presented an incentive 6123/99 99-593 for the Board to meet with the business community in an effort to adopt an option that would be beneficial to the majority of businesses. Mrs. Humphrey stated that she supports Option Two for reduction of the BPOL tax. She further stated that she feels the BPOL tax is a horrid example of tax structure and that it needs to be reduced profoundly as economic growth occurs. She stated that taxes paid by small business owners represent a profound contribution to the County. Mr. McHale stated that he feels the County's tax policy needs to be looked at as a community and should encourage the formation and sustainment of small business. He suggested that, between now and the beginning of the term of next Board, a group of citizens and corporate constituents meet to discuss the County's tax policy in an effort to make suggestions for sensible changes where they may apply and initiate action on things that cannot be changed locally. He stated that the General Assembly dictates what can and cannot be taxed and how it can be implemented. He further stated that he feels a tax policy can be established that is fair and encourages the formation and sustainment of business. Mr. Daniel called for a vote on the motion made by him, seconded by Mr. McHale, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 6-23 RELATING TO BUSINESS LICENSE TAXATION BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 6-23 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 6-23. Imposition of taxes generally. No tax shall be levied pursuant to this article on any business whose base year gross receipts, or gross purchases in the case of wholesale merchants, were less than $100,000.00. If the base year gross receipts of all activities of the business are greater than or equal to $t00,000.00, the amount of such gross receipts shall be reduced by $40,000.00 for the purpose of calculating the applicable tax and the business shall pay the tax on the reduced amount. If a business is engaged in more than one licensable activity, the $40,000.00 reduction shall be applied first to the gross receipts from the activity taxed at the highest tax rate. Any unused portion of the $40,000.00 reduction shall be next applied to the gross receipts of the remaining activities in descending tax rate order. The $40,000.00 reduction shall not apply to any estimates made 6/23/99 99-594 under section 6-24 but shall apply to the correction of such estimates. (2) That this ordinance shall become effective on January 1, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16 B. TO CONSIDER THE CHESTERFIELD SCHOOL-TO-WORK INITIATIVE GRANT Ms. Dickson stated that this date and time has been advertised for a public hearing to consider the appropriation of $556,831 in Virginia School-to-Work Initiative funds to increase student achievement on the Standards of Learning Test; promote student internships; and increase parental involvement. There was no one present to speak to the issue. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated $556,831 in Virginia School-to-Work Initiative funds; appropriated $42,368 in donations; and transferred $65,522 from the School Operating Fund to the Instruction Appropriation category in the School Grants Fund for the Chesterfield School-to-Work Initiative Grant for FY2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16 C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE EXPANSION OF MEADOWBROOK HIGH SCHOOL AND AUTHORIZATION TO ENTER AND TAKE SUCH PROPERTY PRIOR TO EMINENT DOMAIN PROCEEDINGS Mr. Stith stated that this date and time has been advertised for a public hearing to consider the exercise of eminent domain for the acquisition of a parcel of land with improvements for the expansion of Meadowbrook High School and authorization to enter and take such property prior to eminent domain proceedings. There was no one present to speak to the issue. After brief discussion, on motion of Mr. Daniel, seconded by Mr. McHale, the Board approved the exercise of eminent domain for the acquisition of a parcel of land with improvements, located at 5015 Cogbill Road, for the expansion of Meadowbrook High School and authorized staff to enter and take such property prior to eminent domain proceedings. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-595 6/23/99 16 .D. TO CONSIDER ORDINANCE AMENDMENTS RELATING TO THE REGULATION OF TAXICABS Mr. Micas stated that this date and time has been advertised for a public hearing to consider amendments to Sections 15-179, 15-189, 15-191 and 15-196 and addition Section 15-219 of the County Code relating to the regulation of taxicabs. He further stated that the Richmond Regional Taxicab Advisory Board has recommended the ordinance amendments and that the City of Richmond and the Counties of Hanover and Henrico will consider the ordinance amendments in July and August, 1999. There was brief discussion relative to other localities not adopting the amendments and the age limit for vehicles to be used as taxicabs. Ms. Margaret Reynolds, Vice President of Veterans Cab Association, encouraged the Board to adopt the amendments and stated that taxicab rates have not increased in the City and the surrounding Counties in over ten years. There being no one else to speak to the ordinance, the public hearing was closed. Mr. Barber stated that the Richmond Regional Taxicab Advisory Board, of which he is the Chairman, was formed at the request of the Chamber of Commerce to create symmetry in the taxicab industry throughout the region. He further stated that he feels the other jurisdictions will completely adopt the recommended amendments. Mr. Barber then made a motion, seconded by Mrs. Humphrey, for the Board to adopt an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting sections 15-179, 15-189, 15-191 and 15-196 and adding section 15-219 relating to taxicabs. Mr. Daniel stated that, in approximately six or seven years, the National Association of Counties will be meeting in the Richmond metropolitan area and stressed the importance of a strong taxicab system for large conventions such as this. He referenced the new convention center and hotel being constructed downtown; stated that many preparations are underway for these developments; and stressed the importance for a quality taxicab system that will meet a variety of demands. Mrs. Humphrey stated that she is impressed with the dress code requirement for taxicab drivers. Mr. Daniel called for a vote on the motion made by Mr. Barber, seconded by Mrs. Humphrey, for the Board to adopt the following ordinance: 99-596 6/23/99 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF. CHESTERFIELD, 1997, AS AMENDED BY AMENDING A_ND RE-ENACTING SECTIONS 15-179, 15-189, 15-191 AND 15-196 AND ADDING SECTION 15-219 RELATING TO TAXICABS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 15-179, 15-189, 15-191 and 15-196 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 15-179. Certificate of public convenience and necessity. o o o (g) A certificate holder shall not place into service a taxicab unless it is a four-door, hard-top vehicle, including station wagons, that meets or exceeds the following minimum specifications: (1) (2) (3) Wheel size: 14 inches. Wheel base: 106 inches. Curb weight: 2,900 lbs.; except for any vehicle properly placed into service prior to October 1, 1994, that has been continuously operated by the same certificate holder and that otherwise meets all the requirements of this article. (h) No person shall operate any taxicab which either is more than twelve model years old or which has more than 300,000 miles. o o o Sec. 15-189. Refusal of permit. Subject to the provisions of section 15-183, the chief of police shall not issue a driver's permit if: o o o (f) The applicant has ever been convicted of, pleaded guilty to or pleaded nolo contendere to any felony involving violence, or distribution of a controlled substance, or to any other felony, or combination of felonies, which indicates to the chief of police that the applicant is of unfit or unworthy character. The chief shall consider the period of time that has passed since the conviction, plea, etc. as well as any other mitigating circumstances presented by the applicant. (~) The applicant knowingly makes, or causes to be made, either directly or indirectly, any false statement on his applications. 99-597 6/23/99 (h) The applicant otherwise lacks the following minimum physical or mental qualifications: Drivers shall have no mental, nervous, organic or functional disease likely to interfere with safe driving. o Drivers shall have no loss or impairment of use of foot, leg, fingers, hand or arms or other structural defect or limitation likely to interfere with safe driving. o Drivers shall in all other respects satisfy the minimum physical and mental requirements for issuance of a driver's license by the state department of motor vehicles. (i) The applicant is less than 18 years of age. (j) The applicant does not possess a valid and current driver's license issued by the state department of motor vehicles. Sec. 15-191. Issuance of permit after refusal; reissuance after revocation. Except as provided in section 15-192 below, no person who is refused a taxicab driver's permit or whose permit is revoked under the provisions of section 15-190 shall be eligible for issuance of a new permit until such time as the grounds for refusal of a permit no longer apply. However, if a driver's permit is refused or revoked for (i) knowingly making, or causing to be made, either directly or indirectly, a false statement while applying for the permit, (ii) for charging a rate above or below the rates prescribed by section 15-196, or (iii) for reasons described in sections 15-190(d) or (e), such driver shall not be eligible for at least 12 months from the date of refusal or revocation or from the date the chief of police was informed of the grounds supporting such revocation, whichever is later. Sec. 15-196. Same--Enumerated; special discount for elderly passengers and disabled passengers. (a) Taxicab drivers shall charge passengers: For the first one-fifth mile $2.50 o o o (2) That Section 15-219 of the Code of the County of Chesterfield, 1997, as amended, is added to read as follows: 99-598 6/23/99 Sec. 15-219. Dress Code. Taxicab drivers shall be fully and neatly dressed and exhibit good personal hygiene without offensive body odor. Ail clothing shall be clean, free of holes, rips or tears, present a professional appearance; clothing shall not exhibit any symbols, phrases or rendering that are obscene and shall comply with the following standards: Ao Male drivers are required to wear long pants or professional length uniform shorts, buttoned shirts with fold-down collars and sleeves, and shoes. Pullover ~polo" shirts, with fold-down collars, buttons and short sleeves, are permitted. Shoes shall be clean, closed-in and worn with socks. Hair, beards and/or moustaches must be neat, trimmed and present a groomed appearance. B o Female drivers are required to wear long pants, professional length shorts, skirts, dresses (professional length), shirts or blouses, and shoes. Pullover "polo" shirts, with fold-down collars, buttons and short sleeves, are permitted. Shoes shall be clean, closed-in and worn with socks or stockings. Hair must be neat, trimmed and present a groomed appearance. (3) That this 'ordinance immediately upon adoption. shall become effective Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16 .E. TO CONSIDER ADOPTION OF ORDINANCE PERMITTING CITIZENS TO ESTABLISH "NO-WAKE" ZONES IN LAKE CHESDIN Mr. Micas stated that, according to State law, Uno-wake" zones are established by the Commission on Game and Inland Fisheries after recommendation from the locality. He further stated that this date and time has been advertised to consider an ordinance allowing the establishment of "no-wake" zones on Lake Chesdin. There was brief discussion relative to the public hearing scheduled for July 28, 1999 relative to a "no-wake" application on Lake Chesdin. When asked, Mr. Micas stated that the public hearing to consider an ordinance permitting citizens to request the establishment of "no-wake" zones could be held at the same time as the public hearing to consider the application. There was no one present to speak to the ordinance. 99-599 6/23/99 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board continued the public hearing to consider adoption of an ordinance permitting citizens to request the establishment of "no-wake" zones on Lake Chesdin to July 28, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16,F. TO CONSIDER AN ORDINANCE DESIGNATING THE CAPITAL AREA TRAINING CONSORTIUM ("CATC") AS THE TEMPORARY SERVICE PROVIDER FOR THE WORKFORCE INVESTMENT ACT Mr. Hammer stated that this date and time has been advertised for a public hearing to consider an ordinance designating the Capital Area Training Consortium ("CATC") as the temporary service provider for the Workforce Investment Act. There was no one present to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE AUTHORIZING THE CHAIRMAN OF THE BOARD OF SUPERVISORS AND THE COUNTY ADMINISTRATOR TO EXECUTE ON BEHALF OF CHESTERFIELD COUNTY A MULTI-JURISDICTIONAL WORKFORCE INVESTMENT ACT AREA AGREEMENT WHEREAS, the Congress of the United States has enacted and the President of the United States has signed into law the Workforce Investment Act of 1998 (the "Act"); and, WHEREAS, the Act, Chapter 2, Section 116, Local Workforce Investment Areas, part (3) requires that the Governor of the Commonwealth of Virginia approve any request made by a combination of units of local government with a population of 200,000 or more that was a service delivery area under the Job Training Partnership Act (the "JTPA") on the day before the date of enactment of the Act, if the Governor determines that the area: Performed successfully, in each of the last two years prior to the request for which data are available, in the delivery of services to participants under Part A of Title II and Title III of the JTPA; and, 0 Has sustained the fiscal integrity of the funds used by the area to carry out activities under such part and title; and, WHEREAS, the Board of Supervisors desires to continue the Capital Area Training Consortium (the "Consortium") created by agreement among the counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent, and Powhatan (collectively the '~parties") dated June 27, 1983, for the purpose of delivering workforce services under the Workforce Investment Act; and, 99-600 6/23/99 WHEREAS, continuation of the Consortium among the parties will permit continuation of effective participation in the planning and delivery of workforce services in partnership with the Workforce Investment Board that shall be appointed by the Consortium; and, WHEREAS, continuation of the Consortium Area as the Workforce Development Area will permit continuation of the delivery and oversight of workforce services in a manner that will ensure continued accountability to local elected and appointed officials, as well as the Workforce Investment Board; and, WHEREAS, for these and other reasons, it is both necessary and appropriate that the parties provide jointly for the planning and delivery of workforce services through a multi- jurisdictional agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That the Chairman of the Board of Supervisors and the County Administrator are authorized to execute on behalf of the County the multi-jurisdictional agreement for the planning and delivery of workforce services, such agreement to be in a form approved by the County Attorney. o That this ordinance shall be in full force and effect immediately upon its adoption. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16 .G. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN FOOT ALLEY EASEMENT ACROSS LOT 13, DEERFIELD ESTATES SUBDIVISION, SECTION D Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a sixteen foot alley easement across Lot 13, Deerfield Estates Subdivision, Section D. Mrs. Humphrey requested that the public hearing be deferred to July 28, 1999 due to Deerfield Civic Association's request to meet with the property owner to discuss the issue. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to continue the public hearing to consider an ordinance to vacate a sixteen foot alley easement across Lot 13, Deerfield Estates Subdivision, Section D until July 28, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-601 6/23/99 Mr. Daniel recognized Ms. Rosalyn Key, Director of the Capital Area Training Consortium, who was present at the meeting. 16 .H. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF A TWENTY-FIVE FOOT PERMANENT EASEMENT AND TWENTY FOOT TEMPORARY CONSTRUCTION EASEMENT WITHIN SOMERSET SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate portions of a twenty-five foot permanent easement and twenty foot temporary construction easements across Lots 15 and 16 within Somerset Subdivision. There was no one present to speak to the ordinance. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to DONALD C. COLEMAN and DANA F. COLEMAN, husband and wife, and DONALD E. WILMOUTH and DEBORAH T. WILMOUTH, husband and wife, ("GRANTEE"), portions of a 25' permanent easement and 20' temporary construction easements across Lots 15 and 16, within Block B, Somerset Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 25, at Pages 52 and 53. WHEREAS, SAVAGE & LENNON, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of a 25' permanent easement and 20' temporary construction easements across Lots 15 and 16, Block B, Somerset Subdivision, MATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 25, Pages 52 and 53, by J. K. TIMMONS & ASSOCIATES, INC., INC., dated DECEMBER 18, 1975 and recorded DECEMBER 19, 1975. The easements petitioned to be vacated are more fully described as follows: Portions of a 25' permanent easement and 20' temporary easements, across Lots 15 and 16, Block B, Somerset Subdivision, the locations of which are more fully shown on a plat made by TIMMONS, dated MAY 20, 1998, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the easements sought to be vacated. 99-602 6/23/99 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid easements be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portions of the plat vacated. This Ordinance shall vest fee simple title of the easements hereby vacated in the property owners of Lots 15 and 16, Block B, within Somerset Subdivision, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and DONALD C. COLEMAN and DANA F. COLEMAN, husband and wife, and DONALD E. WILMOUTH and DEBORAH T. WILMOUTH, husband and wife, or their successors in title, as GRANTEE. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no remaining mobile home permits and zoning requests. 18. ADJOURNMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 8:52 p.m. until July 28, 1999 at 3:00 p.m. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. La~/B. Ramsey county Administrator 99-603 Daniel 6/23/99