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03-14-2001 Minutes BOARD OF SUPERVISORS MINUTES March 14, 2001 - Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Kelly E. Miller, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator <- - Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Mr. Steven Calabro, Dir., County Airport Dr. Billy K. Cannaday, Jr. Supt., School Board Ms. Marilyn Cole, Asst. County Administrator Ms. Suzan Craik, Extension Agent Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Dennis Farmer, Dir., Historical Society Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, County Ombudsman Mr. Donald Kappel, Dir., Public Affairs Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Francis Pitaro, Dir., General Services Mr. William Poole, Asst. Dir. of Planning Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. Thomas A. Taylor, Dir., Block Grant Office Mr. Richard Witt, Asst. Building Official Mrs. Humphrey called the regularly scheduled meeting to order at 3:42 p.m. 01-257 3/14/01 1 . APPROVAL OF MINUTE:S On motion of Mr. Warren, seconded by Mr. Barber, the Board approved the minutes of February 21, 2001, February 24, 2001, February 28, 2001 and March 5, 200 , as submitted. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 2. COUNTY ADMINISTRA'I~OR' S COMMENTS Mr. Mike Watkins, Manager of the Holiday Inn-Koger Center recognized Mr. Heinz Mathis, General Manager of Sheraton Park South; Mr. Vernon LaPrade, Principal Owner of Holiday Inn Select; Mr. Cleo Battle, Vice President of Convention Sales for the Richmond Convention Visitors Bureau (RCVB); Ms. Lisa Smith, Vice President of Tourism for ReVB; and Mr. Jack Berry, President of RCVB, who were present at the meeting. He stated that the expansion project at the chmond Centre is currently underway and stressed the importance of marketing the new facili ty immediately. He further stated that verbal commitments have been received [rom Hanover, Henrico and Richmond for a phased-in approach to increased funding of RCVB beginning in their FY2002 budgets contingent upon all four jurisdictions' participation in the program. He then introduced Mr. Jack Berry to present a report on the activities and marketing initiatives of the Richmond Convention and Visitors Bureau. Mr. Berry presented data relative to Chesterfield County in the areas of growth in jobs; travel expenditures; hotel growth; and sales growth in room-nights from 1992 -1998. He stated that Chesterfield leads the region in percentage of sales growth in room-nights. He presented data relative to hotel rates and inventory from various jurisdictions. He stated that the Retail Merchants Association provided $100,000 to award grants for promoting web sites and brochures, and noted that Chesterfield County attractions received 25 percent of the available grant funds in 2000 and an additional 10 percent in 2001. He stated that County attractions such as Henricus and the Pocahontas State Park Amphitheater have a great deal of potential. He then presented data relative to the exhibition hall under construction, stating that there will be 180,000 square feet of exhibit space once expanded. He stated that all of the area hotels and attractions are looking to RCVB for marketing. He reviewed the funding sources of RCVB and presented a video on focus groups from Philadelphia, Baltimore and Raleigh relative to their knowledge of Richmond as a destination. He stated that all of the additional funding being requested by RCVB of the localities will be used for advertisin<J. He reviewed the proposed timetable for the advertising campaign and the five-year funding structure that RCVB is requesting of the County. There was brief discussion relative to RCVB's increased funding request from the County and coordination of the efforts of the various agencies involved in marketing initiatives for the re<Jlon. "-'''' -) Mr. Berry stated that, through the cooperative partnership of the jurisdictions, the Retail Merchants Association and the -'" State, RCVB will be able to provide more than $500,000 in advertising for the region. Mr. Warren commended !\1r. Berry on an excellent presentation. 3/14/01 Ol-258 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. 4. REOUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION - There were no requests to postpone action, additions, or changes in the order of presentation at this time. S. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING KEEP CHESTERFIELD COUNTY CLEAN ADVISORY BOARD REPRESENTATIVES 1. MRS. LUCY MERCHAN Ms. Suzan Craik, Extension Agent, introduced Mrs. Lucy Merhcan who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Keep Chesterfield County Clean has been in existence since 1980 with the objective of educating the public about the problems of littering and the benefits of recycling; and - WHEREAS, the Board of Supervisors annually representative from each of the five magisterial serve on the Keep Chesterfield County Clean Director; and appoints one districts to Board as a WHEREAS, Mrs. Merchan has been a leading advocate of the program serving as one of the original volunteer "Waste Watchers" in 1990 and helped hundreds of children and adults become involved in the Program throughout the years in such activities as the Clean Business of the Month Program, Neighborhood Cleanup Campaigns, recycling displays and exhibits; and WHEREAS, Mrs. Merchan was appointed to serve in 1998 as the Midlothian District Representative, and has continued to serve three consecutive terms as a volunteer to the Keep Chesterfield Clean Program since; and WHEREAS, Mrs. Merchan has given of her personal time and commitment to improve the overall appearance and beauty of Chesterfield County with special attention to the Midlothian Magisterial District; and WHEREAS, it is the desire of the Chesterfield County Board of Supervisors to recognize Mrs. Merchan's faithful service to Keep Chesterfield County Clean. - NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mrs. Lucy Merchan and expresses appreciation, on behalf of its residents, for her long and distinguished volunteer service and her contributions to the County. AND, BE IT FURTHER RESOLVED, that a copy of resolution be presented to Mrs. Merchan and that resolution be permanently recorded among the papers of Board of Supervisors of Chesterfield County, Virginia. this this this 3/14/01 01-259 \I /I Ayes: Humphrey, Miller, Barber, McHale and Narren. Nays: None. Mrs. Humphrey presented the executed resolution to Mrs. Merchan and expressed appreciation for her contributions to the Keep Chesterfield County Clean Advisory Board. Mrs.n appreciation for the opportunity to serve of the Keep Chesterfield County Clean Advisory Board. 2. MRS. CAROLINE BOSE[ -' Mrs. Craik introduced Mrs. Caroline Bosh who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Keep Chesterfield County Clean has been ln existence since 1980 with the objective of educating the public about the problems of littering and the benefits of recycling; and WHEREAS, the Board of Supervisors annually representative from each of the five magisterial serve on the Keep Chesterfield County Clean Director; and appoints one districts to Board as a WHEREAS, Mrs. Caroline Bosh has been a leading advocate of the program volunteering as one of the original "Waste Watchers" in 1991, helping hundreds of children learn about litter and recycling through classroom presentations and exhibits over the last ten years; and WHEREAS, Mrs. Bosh was appointed to serve in 1999 as the Matoaca District Representative, and has continued to serve two consecutive terms as a volunteer to the Keep Chesterfield Clean Program since; and -' WHEREAS, Mrs. Bosh has given commitment to improve the overall Chesterf ield County with specia.l Magisterial District; and of her personal time and appearance and beauty of at tention to the Matoaca WHEREAS, it is the desire of the Chesterfield County Board of Supervisors to recognize Mrs. Bosh's faithful service to Keep Chesterfield County Clean. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mrs. Caroline Bosh and expresses appreciation, on behalf of its residents, for her long and distinguished volunteer service and her contributions to the County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Bosh nd that this resolution be permanently recorded among the papers of his Board of Supervisors of Chesterfield Count, Vi inia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. -' Mrs. Humphrey presented the executed resolution to Mrs. Bosh, accompanied by her husband, and expressed appreciation for her contributions to the Keep Chesterfield County Clean Advisory Board. 3/14/01 01-260 II II Mrs. Bosh expressed appreciation to the Board for the recognition. 6. WORK SESSIONS o COUNTY ADMINISTRATOR'S FY2002 PROPOSED BUDGET <- Colonel Baker presented a summary of the Police Department's Proposed FY2002 Budget. He reviewed accomplishments during 2000 including the Chester District Station becoming operational in November 2000; holding three Citizens I Academies; instituting the Peer Counseling Program among all personnel; starting the Mobile Digital Terminal pilot Program; a 100 percent homicide clearance rate; instituting the Crime Solver Scholastic Program in all high schools and five middle schools; creating the Chesterfield County Police Foundation; conducting a community policing project in the Ettrick area; implementing a digital photograph system within Police Booking; and volunteering of over 9,000 hours by Special Police at a cost savings of $247,000. He then reviewed Total Quality Initiatives and Major Issues including maintaining a viable workforce; increasing traffic problems; increasing illegal drug activity; increasing juvenile crime arrests; population growth; and increasing robbery crimes. - when asked, Colonel Baker stated that increased juvenile crime arrests have occurred in the areas of vandalism, shoplifting and assault. He stated that the Proposed FY20 02 budget totaling $31,971,100 includes additional funding for local match to grants, career development, and proposed salary adjustments. He reviewed the proposal for funding salary adjustments totaling $591,000 and issues that have been addressed by the proposal. He stated that the proposed salary adjustments will increase employee retention and enhance recruitment efforts. He reviewed Calls and Assignments from 1996-2001; Incident Based Reporting Group A Incident Rates for 100,000 Population; a comparison of Uniform Crime Report and Incident Based Reporting Group A Offenses; Average Police Response Time for Life Threatening Calls; Cost Per Capita for Law Enforcement Services; Traffic Deaths per 1,000 Licensed Drivers; Traffic Deaths per 100 Million Miles; Motor Vehicle Fatalities; Number of Personal Injuries in Traffic Accidents per 1, 000 Licensed Drivers; and Number of Personal Inj ury Accidents. He stated that this week the Police Department is concentrating on accident causing violations - speeding and running red lights. There was brief discussion relative to the decline in number of fatalities and the number of personal injuries per 1,000 licensed drivers. Mr. Miller expressed concerns relative to an increased number of people who run red lights. ,- Colonel Baker indicated that he is a proponent of video cameras at traffic signals. He stated that road improvements will also assist in decreasing the number of accidents. He reviewed Number of Volunteer Man Hours and stated that future plans include a volunteer motorist assistance program. He then reviewed Additional Funding Requests including $1,189,800 for Grant Funding and $128,600 for two Vice/Narcotic Detectives. He reviewed data relative to increased drug activity. He continued to review Additional Funding Requests including $67,300 for a Technical Services Technician and ten replacement tactical alarms; $2,197,800 for 24 Police Officers and six Sergeants; and $96,500 for Computer Upgrades for the Records Management System. 3/14/01 01-261 Mr. McHale stated that the Budget and Audit Committee discussed the potential for the Police Department's Records Management System to be copyrighted and sold to other jurisdictions. Colonel Baker then presented the Proposed FY2002 Budget for Animal ContTol. He reviewed Animal Control accomplishments for 2000 including the purchase of an adoption trailer by the Humane Society to take animals to off-site locations for pet adoption promotions and the initiation of a dog-walking program to assist the Animal Shelter staff in exercising dogs. Mrs. Humphrey requested that the dog-walking program be submitted for a National Association of Counties (NACo) award. -' Colonel Baker continued to review accomplishments in Animal Control including increased volunteer hours and working with local media and County public relations to promote pet adoptions. He stated that Animal Control's Proposed FY2002 Budget totals $916,600 and represents a 10.2 percent increase from the FY2001 Adopted Budget. He stated that a full-time Shelter Director has been included in the Proposed Budget. Mrs. Humphrey stated that the Shelter Director will be responsible for bringing in veterinary services to provide for spaying and neutering of pets on-site prior to adoption. Colonel Baker reviewed data relat i ve to Calls for Service; Animals Impounded; and Animals Adopted. He then reviewed Additional Funding Requests including $77,400 for the operating costs and a vehicle for one Animal Control Officer and $25,700 for one Kennelmaster. Mr. Miller stated that he feels privileged to live ln a County with such an excellent police force. There was brief discussion relative to the number of police officers and command officers in the field at any given time. '''__fIIIl'-'' A review of the proposed Community Development Block Grant (CDBG) was the next budget presentation to the Board. Mr. Taylor came forward and presented a summary of Community Development Block Grant and HOME Investment Partnership's Proposed FY2002 Budget" He reviewed the department's accomplishments in 1999-2000 including serving more than 22,000 youth; completing the construction of the child care center at Winchester Green; rehabilitation of an ambulance for Bensley- Bermuda Rescue Squad; purchasing a pumper truck for Centralia Fire Station, radio equipment for Bensley Fire Station, and defibrillators for fire safety; completing the addition to the Bensley Communi.ty Center; providing technical assistance to 107 small and minority busi.nesses located in target areas; and providing housing services to 34 homeowners. He then reviewed projects that support the County's Strategic Goals and identified the members of the 2001-02 Citizen Review Committee. He reviewed a comparison of adopted FYOO - 01 funding and proposed FYOI-02 funding for both CDBG and the HOME Program. He reviewed Grant Fund Limits both CDBG and the HOME Program. He then reviewed FY2002 Funding Requests and Recommendations in the area of Code Enforcement/Economic Development. ~>tf There was brief discussion relative to the recommendations for funding Code Specialists and the Ettrick Business Center. Mr. Ramsey stated that the Code Specialist positions currently exist in the Planning Department. When asked, Mr. Ramsey stated that the Jefferson Davis Association has requested $405,000 for a business incubator and 3/14/01 01-262 indicated that he has recommended $300,000 in CDBG funding. He further stated that his recommendation, together with an opportunity to receive $100,000 in additional grant funds, would provide full funding of the request. Mr. Taylor then reviewed FY2002 Funding Requests and Recommendations in the areas of Housing and Public Facilities and Equipment. ,- Mrs. Humphrey requested information relative to past funding requests from both Bensley-Bermuda Rescue Squad and Ettrick- Matoaca Rescue Squad. When asked, Mr. Taylor stated that, if the data for low to moderate income residents in the Meadowbrook area increases when the new census figures are received, it is possible the Meadowbrook sidewalks proj ect may become eligible for CDBG funding. There was brief discussion relative to the recommendation not to fund the Rayon Park Sewer request. Mr. Taylor stated that he will meet with the requestor to determine whether funding for the Rayon Park project can be phased in. There was brief discussion relative to the funding request for a ladder truck for Dutch Gap Fire Station. Mr. Taylor then reviewed FY2002 Funding Requests and Recommendations in the area of Public Service. There was brief discussion relative to funding a Spanish interpreter for the Health Department. - Mrs. Humphrey stated that the student population at Medical College of Virginia (MCV) could be an excellent resource for Spanish interpretation at the Health Department. Mr. Ramsey stated that the Health Department is currently using vol untary interpreters, but indicated that the number of Spanish speaking consumers is increasing. Mr. Barber stated that the Hispanic Chamber of Commerce might also be a resource for providing volunteers if funding does not become available. There was brief discussion relative to funding requests for Regional Leadership and Youth Inclusion programs. Mr. Ramsey stated that the Youth Inclusion program has been funded through the Parks and Recreation budget. Mrs. Humphrey stated that it is important to note that the County Administrator's recommendations are a result of evaluations by the Citizen Review Committee. - When asked, Mr. Taylor stated that Federal funding provided for the Block Grant Program seems to be consistent, but noted that the demand for funding is increasing. He further stated that the new census data might increase the amount of Federal funding the County receives for the Block Grant Program. Mr. McHale stated that the Block Grant Program fills an important void in the budget and provides for the concentration of resources for special needs. He further stated that there has been an enormous amount of pressure in Congress to reduce funding for the Block Grant Program and indicated that he feels the Board should communicate the importance of Block Grant funding with its Congressional delegation. 3/14/01 01-263 Mr. Barber stated that the Count:y should use caution when addressing the Rayon Park Sewer request on a phase-in approach should the funding not be available in future years. The Board thanked Mr. Taylor for his presentation. 7. DEFERRED ITEMS There were no Deferred Items at t s time. 8. NEW BUSINESS ~" 8 . A. STREETLIGHT INS'I'ALLATION APPROVALS On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved the following streetlight installations: Matoaca District * Raven Wing Drive and Spring Run Road Cost to install streetlight: $862.25 * Ravensbourne Drive, vicinity of 20404 Cost to install streetlight: $83 .35 * willowdale Court, vicinity of 45 1 Cost to install streetlight: $294.53 * Ravensbourne Drive, vicinity of 0500 Cost to install streetlight: $75 .74 * Ravensbourne Drive, vicinity of 0512 Cost to install streetlight: $294.53 ___ri" Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. Warren stated that over a year he requested cost estimates for streetlights in Forestdale. He asked Mr. McElfish to send a letter to Vinjinia Power quest ioning the status of the request. Mr. McHale read the following statement for the record: "I have recently been hired by Dominion Resource Services, Inc., a subsidiary of Dominion Resources which also owns Dominion Vir~finia Powe:c and Virginia Electric and Power Company as well as other business entities. My salary will exceed $10,000 per year but I will not have an ownership interest in Dominion Resource Services, or any other Dominion related company that exceeds three percent. From time to time, issues come before the Board relating to Dominion Virginia Power or VEPCO which the Board must consider and act on. For example, today there are two items on the consent agenda to allow VEPCO to install power lines on County property. In my new position I will have no authority on behalf of Dominion to be involved in such real estate matters and I seriously doubt that I will have the authority on behalf of Dominion to become involved in any way in such matters in the future. Furthermore, I have no personal interest in today's agenda item that would be affected in any way that is different from the effect these matters would have on the public generally. Accordingly, I have been advised by the County Attorney t:hat, under Virginia Code Section 2.1-639.11A3, I can participate as a Board member in ..........#'. 3/14/01 01-264 these issues and I intend to do so. If a matter comes before this Board in the future, however, that I could work on as an employee of Dominion Resources Services or which has some particular personal affect on me or my employment with Dominion Resources Services, I will declare a conflict and will not participate as a Board member." a.B. CONSENT ITEMS - a.B.1. ACCEPTANCE OF FEDERAL AND STATE GRANTS AND APPROPRIATION OF FUNDS FOR AN AIRPORT IMPROVEMENT PROJECT On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board authorized the acceptance of Federal Aviation Administration (FAA) and State Department of Aviation (DOAV) grants and appropriated $307,720 to prepare the designs for the runway and taxiway and rehabilitation of fillet widening construction projects. (It is noted the local match of $6,280 is available for transfer from the Airport capital projects funds.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.B.2. STATE ROAD ACCEPTANCE On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following resolution: - WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvpe Chanae to the Secondary System of State Hiahwavs: Addition - Basis for Change: Addition, New subdivision street Statutory Reference: 933.1-229 Project: Stonemill, Section E . Stone River Road, State Route Number: 2718 From: Existing Stone River Rd<, (Rt 2718) 0<57 ML S of Elkhardt Rd<, ( Rt 663) To: Cul-de-sac, a distance of: 0.03 miles< 3/14/01 01-265 Right-at-way record was tiled on 6/12/1997 with the Office Ot Clerk To Circuit Court in Pb< 94: Pg 44, with a width at 50 Ft And, further, the Board adopted the following resolution: WHERE1\8, recordecl in Chesterfield the street describe the Clerk's Office County; end below are shown on a plat . the Circuit Court of WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVE , that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to ~ 33.1-229, r:ode of Vi t:CJini~, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of--vJ,:clY f as descr bed, and any necessary easements for cuts, fill and drainage. AND, BE IT FURTHER RESOLVED, that resolution be forwarded to the Virginia Department of TransportatLon. certified copy of this dent Engneer for the Type ChanQe to the Secondary System o:f State Hiqhways: ~dition Basis for Change: Addition, N,ew subdivision street Statutory Reference: ~33.1-229 Project: Deer Run, 2 - Affirmed Drive . Affirmed Drive, State Route Number: 4919 From: Buck Rub Dr, (Rt 4713) To: Existing Affirmed Dr<, (Rt 4919) 0.15 Mi. North at War Admiral Dr, (Rt 4921)< a distance of: 0<04 miles< Right-at-way record was tiled on 6125/1987 with the Office Of Clerk To Circuit Court in Pb< 57: Pg. 42-44, with a width at 50 Ft. Ayes: Humphrey, Miller, Barber, lVlcHale aDd Warren. Nays: None" 8.B.3. RESOLUTION RECOGNIZING MISS DAWN SKY HARPER UPON ATTAINING THE GOLD AWARD On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHERElI,S, the Girl Scouts of the United States of America is an organization serving over .6 million qirls and was founded to promote c:1 tizenshi t:raining and personal development; and WHEREAS, after earning four i terest project patches, the Career Exploration Pin,. the Senior irl Scout Leadership Award, -" the Senior Girl Scout Challenge, an 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 3/14/01 01-266 the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned aged 14-17 or in grades 9-12 and is received by less percent of those individuals entering the Girl movement; and by girls than six Scouting - WHEREAS, Miss Dawn Sky Harper, Troop 846, sponsored by Chester Baptist 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 WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Dawn 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 Dawn Sky Harper and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. AND, BE IT FURTHER RESOLVED, that a resolution be presented to Miss Harper and that be permanently recorded among the papers of Supervisors of Chesterfield County, Virginia. copy of this this resolution this Board of Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. ,- 8.B.4. ACCEPTANCE OF PARCELS OF LAND 8.B.4.a. FOR REDWATER RIDGE ROAD FROM TRIVEDI CHILDRENS TRUST NUMBER ONE On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land, containing 0.831 acres, east of Jefferson Davis Highway (State Route 1 and 301) from Trivedi Childrens Trust Number One, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.4.b. ALONG THE EAST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY FROM BEST TRUCKING COMPANY, INCORPORATED - On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land, containing 0.076 acres, along the east right of way line of Jefferson Davis Highway (State Route 1 and 301) from Best Trucking Company, 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: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 3/14/01 01-267 8.B.4.c. ALONG THE SOUTH RIGHT OF_WAY LINE OF SALEM CHURCH ROAD FROM DONNA L. WRIGHT On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land, containing 0.001 acres, along the south right of way line of Salem Church Road (State Route 642) from Donna L. l'lright, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.4.d. ALONG THE NORTH RIGHT OF WAY LINE OF CHIPPENHAM PARKWAY FROM THE VISTAS ~PARTMENTS LIMITED PARTNERSHIP On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land, containing 0.117 acres, along the north right of way line of Chippenham Parkway (State Route EiO) from The Vistas Apartments Limited Partnership, and authorized the County Administrator to execute the necessary deed. (It is noted copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.4.e. ALONG THE WEST RIGHT OF WAY LINE OF IRON BRIDGE ROAD FROM T. WALTER BRASHIER On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land, containing 0.023 acres, along the west right of way line of Iron Bridge Road _< (State Route 10), and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.4.f. ALONG THE WEST RIGHT OF WAY LINE OF IRON BRIDGE ROAD FROM WILLIAM J. M. GILFOYLE, JR., ATALISSA S. GILFOYLE AND THOMAS L. G:tLFOYLE On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land, containing 0.056 acres, along the west right of way line of Iron Bridge Road (State Route 10) from William J. M. Gilfoyle, Jr., Atalissa S. Gilfoyle and Thomas L. Gilfoyle, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. ..........,i' 8.B.4.g. ALONG THE NORTH RIGHT OF WAY LINE OF CHIPPENHAM PARKWAY FROM BRISBEN LAKEVIEW LIMITED PARTNERSHIP On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board accepted the conveyance of two parcels of land, containing a total of 0.461 acres, along the north right of way line of 3/14/01 01-268 Chippenham Parkway (State Route 150) from Brisben Lakeview Limited Partnership, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. - a.B.4.h. ALONG THE EAST RIGHT OF WAY LINE OF BRANDERS BRIDGE ROAD FROM THE REEDS LANDING CORPORATION On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land, containing 6.845 acres, along the east right of way line of Branders Bridge Road (State Route 625) from The 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: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.B.5. REOUEST TO OUITCLAIM A TWENTY FOOT DRAINAGE EASEMENT AND TWO TEN FOOT TEMPORARY CONSTRUCTION EASEMENTS ACROSS THE PROPERTY OF BJ SUMMERFORD. L.L.C. - On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a twenty foot drainage easement and two ten foot temporary construction easements across the property of BJ Summerford, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.B.6. REOUEST FOR PERMISSION FROM VIRGINIA ELECTRIC AND POWER COMPANY FOR UNDERGROUND CABLE TO ENCROACH WITHIN A VARIABLE WIDTH COUNTY RIGHT OF WAY ALONG WINTERPOCK ROAD On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved a request from Virginia Electric and Power Company for permission for underground cable to encroach within a variable width County right of way along Winterpock Road, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. -,,'....... a.B.? CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUND POWER LINES AT MEADOWBROOK HIGH SCHOOL On motion of Mr. Barber, seconded by Mrs. Humphrey, 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 power lines at Meadowbrook High School. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 3/14/01 01-269 a.B.a. APPROVAL OF LgASE OF GREENFIELD COMMUNITY ASSOCIATION COMMUNITY BUI]~DING FOR OPERATING A TEEN CENTER PROGRAM On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board authorized the County Administrator to enter into a lease agreement, approved by the County Attorney, with the Greenfield Community Association for use of the Greenfield Community Association Building from July 9, 2001 to August 10, 2001. Ayes: Humphrey, fvliller, Barber, McHale and Warren. Nays: None. -""" a.B.9. REFER ORDINANCE TO PLANNING COMMISSION RELATING TO DESIGNATED FLOODPLAIN AREAS IN THE SWIFT CREEK RESERVOIR WAT:E:RSHED On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board referred an ordinance that would pruhibit certain activities in designated floodplain areas in the Swift Creek Reservoir Watershed to the Planning Commission. Ayes: Humphrey, rv::iller, Barber, McHa Nays: None. and Warren. a.B.10. TRANSFER OF DISTRICT IMPROVEMENT FUNDS a.B.10.a. FROM BERMUI~LOVER HILL, DALE, MATOACA AND MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE SCHOOL BOAlm FOR POST- PROM CELEBRATIONS On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board transferred $1,600 from the Bermuda District Improvement Fund, $2,100 from the Clover Hill District Improvement Fund, $1,600 from the Dale District Improvement Fund, $2 1100 from the Matoaca District Improvement Fund, and $2,100 from the Midlothian District Improvement Fund to the School Board for post-prom celebrations at each of the County high schools and the Governor's School, subject to the conditions outlined in the papers of this Board. Ayes: Humphrey, Miller, Barber, fvlcHale and Warren. Nays: None.. a.B.10.b. FROM CLOVER HILL AND DALE DISTRICT IMPROVEMENT FUNDS TO THE SCHOOL BOARD TO PURCHASE AND INSTALL Po. MESSAGE BOARD AT MANCHESTER MIDDLE SCHOOL On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board transferred $5,000 from the Clover Hill District Improvement Fund and $2,000 from the Dale District Improvement Fund for purchasing and installing a message board at Manchester Middle School. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. .....",.,t;" a.B.1l. APPROVAL OF :RIGHT OF ENTRY FOR THE I-a95 PROJECT On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a right of entry 3/14/01 01-270 for the 1-895 Project. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.12. APPROPRIATION OF FUNDS FOR ROUTE 145/CHALKLEY ROAD INTERSECTION PROJECT - On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board appropriated an additional $200,000 from anticipated Virginia Department of Transportation (VDOT) reimbursements for the Route 145/Chalkley Road Intersection Project. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS o CONSIDERATION OF CLAIM OF THE ESTATE OF BRADLEY CURTIS MCNEER - Mr. Stylian Parthemos, Senior Assistant County Attorney, stated that on December 18, 1999, an accident on Old Buckingham Road claimed the life of volunteer firefighter Bradley Curtis McNeer. He further stated that the Estate of Mr. McNeer has filed a formal claim requesting that the County provide workers' compensation coverage for all volunteer firefighters and other voluntary emergency services personnel performing services on behalf of County citizens; make improvements to Old Buckingham Road to minimize the risk of vehicular traffic; and pay Mr. McNeer's heirs the sum of $1,500,000. He stated that it is staff's position that the commercial insurance coverage provided for the volunteers is superior to workers' compensation coverage. He further stated that some improvements have been made to Old Buckingham Road and additional improvements are scheduled for FY2003. He stated that the monetary claim has been submitted to the County's commercial insurance carrier and it is staff's position that payment of the claim should come from the insurance carrier. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board denied the claim of the Estate of Bradley Curtis McNeer. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. - And, further, the following roads were accepted into the State Secondary System: ADDITIONS LENGTH GREEN VISTA AT RIVER'S BEND (Effective 2/22/01) Green Vista Court (Route 4788) - From Green Vista Drive (Route 4787) to Cul-de-Sac 0.09 Mi 3/14/01 01-271 Green Vista Drive (Route 4787) .. From Hogans Alley (Route 4835) to Green Vista Court (Route 4788) Green Vista Drive (Route 4787) .. From Green Vista Court (Route 4788) to Cul-de-Sac HAMPTON PARK DRIVE. EXTENDED (Effec:tive 2/26/01) Hampton Park Drive (Route 5190) .. From Otterdale Road (Route 667) to Existing Hampton Park Drive (Route 5190) MOUNT BLANCO. SECTION 4 Sloan Drive (Route 909) .. From Oaks Hollow Road (Route 934) to Cul-de-Sac NORTH OTTERDALE ROAD EXTENSION North Otterdale Road (Route 970) - From .08 Mile North of Wyldrose Drive (Route 971 to Cul-de-Sac OTTERDALE ROAD EX~TENSION Otterdale Road (Route 667) - From Hull Street Road (Route 360) to Hampton Park Drive (Route 5190) Otterdale Road (Route 667) - From Hampton Park Drive (Route 5190) to 0.48 Mile South of Hampton Park Drive (Route 5190) REGALIA AT THE HIGHLAl\rDS Eastfair Drive (Route 5186) - From 0.12 Mile East of Nash Road (Route 636) to Regalia Drive (Route 5159 ) Eastfair Drive (Route 5186) - From Regalia Drive (Route 5159) to 1.04 Mile East of Nash Road (Route 636) Regalia Court (Route 5193) - From Regalia Drive (Route 5159) to Cul-de-Sac Regalia Drive (Route 5159) - From Regalia Place (Route 5197) to Cul-de-Sac Regalia Drive (Route 5159) - From Eastfair Drive (Route 5186) to Regalia Court (Rou e 5193) Regalia Drive (Route 5159) - From Regalia Court (Route 5193) to Regalia Place (Route 5197) Regalia Place (Route 5197) From Regalia Drive (Route 5159) to Cul-de-Sac RIVER'S BEND. SECTION 10 (Effective 2/22/01) Inverness Drive (Route 4257) .. From Hogans Alley (Route 4258) to Inverness Way (Route 4258) Inverness Drive (Route 4257) - Prom Inverness Way (Route 4258) to Cul-de-Sac Inverness Place (Route 4259) - From Inverness Way (Route 4258) to Cul-de-Sac 01-272 0.08 Mi 0.04 Mi 0.20 Mi - 0.14 Mi 0.04 Mi 0.20 Mi 0.48 Mi 0.55 Mi -' 0.37 Mi 0.08 Mi 0.05 Mi 0.20 Mi 0.12 Mi 0.22 Mi 0.08 Mi -' 0.03 Mi 0.03 Mi 3/14/01 Inverness Way (Route 4258) - From Inverness Place (Route 4259) to Cul-de-Sac 0.03 Mi Inverness Way (Route 4258) - From Inverness Drive (Route 4257) to Inverness Place (Route 4259) 0.09 Mi ROSEMONT. SECTION F - Felbridge Way (Route 5148) - From Felbridge Way (Route 5148) .05 Mile North of Felbridge Court (Route 5149) to Cul-de-Sac 0.07 Mi Follensbee Drive (Route 5096) - From Felbridge Way (Route 5148) to Cul-de-Sac 0.13 Mi Latham Boulevard (Route 5099) - From North Otterdale Road to Latham Court (Route 5097) 0.06 Mi Latham Boulevard (Route 5099) - From Latham Court (Route 5097) to Lastingham Drive (Route 5147) 0.09 Mi Latham Court (Route 5097) - From Latham Boulevard (Route 5099) to Cul-de-Sac 0.03 Mi Latham Place (Route 5098) - From Latham Boulevard (Route 5099) to Cul-de-Sac 0.06 Mi ADMINISTRATIVE SYSTEM CHANGE MOUNT BLANCO. SECTION 4 (Effective 2/26/01) - Owls Hollow Road (old Route 909) (Route 934) - From Existing Sloan Drive (Route 909) to 0.06 Mile North Existing Sloan Drive 0.00 Mi Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 11. DINNER On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: 12. INVOCATION Minister Delores Winfield of Mount Gilead Full Gospel International Ministries gave the invocation. ,........ 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Members of Cub Scout Webelos Pack 835 led the Pledge of Allegiance to the Flag of the United States of America. 3/14/01 01-273 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.C. RECOGNIZING L. C. BIRD, CLOVER HILL, JAMES RIVER, MANCHESTER, MATOACA, MEADOWBROOK, MIDLOTHIAN, MONACAN, THOMAS DALE AND THE GOVERNOR'S SCHOOL FOR PROVIDING DRUG AND ALCOHOL-FREE POST-~ROM PARTIES Mr. Stegmaier introduced Mr. Joe Tylus, L. C. Bird; Dr. Brenda Mayo, Clover Hil:; Ms. Mary Robinson, James River; Mr. Pete Koste, Manchester; Mr. Jim Hoover, Matoaca; Mr. Ed Witthoefft, Midlothian, Ms. Debbie Hinton, Monacan; Ms. Betty Ballard, Thomas Dale, and Ms. Betty Jean Hagen, Governor's School, who were present to accept the resolutions. -<< On motion of the Board, the follow resolution was adopted: WHEREAS, the two highest risk nights for teens are prom and graduation, with some parents seeming to condone parties where alcohol and drugs are available; and WHEREAS, students need an alternative to drugs and alcohol to which they can and will say "YES"; and WHEREAS, in .2000, more than 350 schools and communities in Virginia participated in Operation Prom/Graduation's alcohol and drug-free parties for students; and WHEREAS, many parents of Juniors and Seniors at L. C. Bird, Clover Hill, James River, Manchester, Matoaca, Meadowbrook, Midlothian, Monacan, Thomas Dale High and the Governor's Schools, with financial support from the local and surrounding business community, are working to provide alternative "no alcohol or drugs" parties following the Thomas Dale Prom on March 30; Clover Hill on April 21; Matoaca and James River on April 28; L. C. Bird on May 5; Monacan and Manchester on May 12; Midlothian and the Governor's School on May 19; and Meadowbrook on May 25; and - WHEREAS, communities allover Virginia are reaching out in many ways to their young people with love and concern, encouraging them to "Celebrate Life." NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly declares the weekends of March 30-31, April 21-22, <April 2829, May 5-6, May 12-13, May 19-20, and May 2~)-26 as "Drug and Alcohol-Free Among the Teen and Adult Population of Chesterfield County." AND, BE IT FURTHER RESOLVED, that adults be encouraged to provide a positive, no alcohol and drugs example for our youth, particularly at the high-risk times of prom and graduation, in an effort that we not only change lives, but save them. Ayes: Humphrey, ~1iller, Barber, IVIcHale and Warren. Nays: None. Mrs. Humphrey Dr. Mayo, Ms. Ms. Hinton, importance of presented the executed resolutions to Mr. Tylus, Robinson, Mr. Koste, Mr. Hoover, Mr. Witthoefft, Ms. Ballard and Me. Hagen, and stressed the drug and alcohol-free parties following the prom. .........., Mr. Witthoefft expressed appreciation, on behalf of the schools, for the Board's encouragement and support. (It is noted the resolution for the Meadowbrook High School will be sent to the school.' 3/14/01 01-274 14.B. RECOGNIZING MR. ZACHARY HAYNES DINGLE UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Stegmaier introduced Mr. Zachary Dingle who was present to receive the resolution. On motion of the Board, the following resolution was adopted: - WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Zachary Haynes Dingle, Troop 865, sponsored by Sherbourne United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and - WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Zac has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Zachary Haynes Dingle on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. McHale presented the executed resolution and patch to Mr. Dingle, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in future endeavors. Mr. Dingle expressed appreciation to the Board for the recognition and also to God, his parents, family members, and various members of his troop and scoutmasters for their support. - 14.A. RECOGNIZING MS. VIRGINIA FULLER FOR HER COMMUNITY PARTICIPATION Mr. Kappel introduced Miss Virginia Fuller who was present to receive the resolution, and Mr. Robert Provence, representing the Prudential Insurance Company of America, to make a special presentation to Miss Fuller. On motion of the Board, the following resolution was adopted: 3/14/01 01-275 WHEREAS, The Prudential Insurance Company of America and the National Association of Secondary School Principals sponsors an annual awards program to recognize student volunteers for their contributions to their community; and WHEREAS, this year's award winners were announced February 6, 2001 in Olympia, Washington; and WHEREAS, Miss Virginia Fuller, a Chesterfield County resident and a student at Providence Middle School, was named as a runner-up and bronze medallion recipient; and WHEREAS, this is a significant accomplishment in light of the fact that nearly 23,000 high school and middle school -' students were considered for awards this year; and WHEREAS, Miss Fuller is president of the Student Council Association at Providence Middle School, and has been active in raising funds for the American Cancer Society; and WHEREAS, Miss Fuller also participated in the Relay for Life at James River High School in May of 2000, and plans to do so again in May of this year; and WHEREAS, Miss Fuller is active in her church, the Church of the Epiphany, and serves as a lector. NOW, THEREFORE BE IT RESOLVED f that the Chesterfield County Board of Supervisors publicly recognizes Miss Virginia Fuller and expresses its appreciation and congratulations, on behalf of the grateful citizens of Chesterfield County, for her community spirit and her dedication to helping others, and wishes her continued success in all her endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Miss Fuller and that this resolution be permanently recorded among trlE~ papers of this Board of Supervisors of Chesterfield County, Vi lnla. ---""" Ayes: Humphrey, M'iller, Barber, McHale and Warren. Nays: None. Mr. Warren presented the executed resolution to Miss Fuller, accompanied by members of her farni ly f Mr. Provence and Ms. Rosemary League, Principal of Providence Middle School, commended her for her community service contributions, and congratulated her for winning such a prestigious award. Mr. Provence presented Miss Fuller with the prudential Spirit of Community bronze medallion in recognition of her community contributions. Miss Fuller expressed appreciation to the Board for the recognition and also to the faculty and students at Providence Middle School for their support of the Relay for Life. 14. D. RECOGNIZING THE: CHESTERFIELD RURITAN CLUB FOR ITS DEDICATED COMMUNITY SERVICE Mr. Kappel introduced ~Jjr. Chesterfield Ruritan Club resolution. Dan who Alexander, President of was oresent to receive the the '~~ On motion of the Board, the following resolution was adopted: WHEREAS, Ruritan is a national service organization; and 3/14/01 01-276 WHEREAS, the Chesterfield Ruritan Club was chartered on March 21,1941; and WHEREAS, through the 60 years since its founding, the Chesterfield Ruritan Club has provided outstanding service to Chesterfield County; and WHEREAS, the Chesterfield Ruritans helped establish the Chesterfield County Museum and the Manchester Community Center, and helped to bring the Chippenham Hospital to the region; and - WHEREAS, the club continues to provide such community service as scholarships to needy high school students, assistance at the Chesterfield County Fair, support for volunteer rescue squads and other worthwhile programs; and WHEREAS, the Chesterfield Ruri tans have sponsored 4-H clubs and other youth activities; and WHEREAS, the club has also supported the American Legion and the Boy Scouts, and has been instrumental in conducting Veteran's Day observances in the County; and WHEREAS, the Chesterfield Ruritans have supported the National D-Day Memorial fund and the Chesterfield County World War II Memorial. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Chesterfield Ruritan Club, expresses its appreciation to the members and commends them on their dedicated service to the community in which they live, and congratulates the members on their 60th anniversary of service to others. - I Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. Warren presented the executed resolution to Mr. Alexander, accompanied by members of the Chesterfield Ruritan Club, expressed appreciation for the club members' dedicated community service, and congratulated them on their anniversary. Ruritan member Ms. Kitty Vaughan stated that Ruritans believe in neighbors helping neighbors. She encouraged residents to support the upcoming Brunswick stew sales of the Ruritan Clubs. Mr. Alexander encouraged residents to join the Ruritan Club. 15. PUBLIC HEARINGS lS.A. TO CONSIDER THE ADOPTION OF AN ORDINANCE RELATING TO PRO-RATA SHARE FEES FOR THE CONSTRUCTION OF REGIONAL BMPS IN THE SWIFT CREEK RESERVOIR WATERSHED <- Ms. Joan Salvati, Water Quality Administrator, stated that on October 25, 2000 the Board adopted the Regional Best Management Practice (BMP) Master Plan for the Upper Swift Creek Watershed for the construction of regional BMPs throughout that watershed. She further stated that the Board directed staff to develop ordinances to implement the plan. She stated that this date and time has been advertised for a public hearing to consider an ordinance relating to pro-rata share fees for the construction of regional BMPs in the Swift Creek Reservoir Watershed. She further stated that the proposed ordinance would enable the Environmental Engineering Department to assess a fee of $5,010 per impervious acre to all new development in the Upper Swift Creek Watershed. She stated that the fee would be utilized for the construction and design, wetland mitigation 3/14/01 01-277 and other factors related to the implementation of the Regional BMP Plan. When asked, Ms. Salvati stated that the development community and citizens were informed of the proposed fee during the meetings as the Master Plan was being formulated. She further stated that the proposed ordinance did not go before the Planning Commission and only addresses construction of the regional BMP facilities. Comments from the public were taken at this time. Ms. Laurie Newill, representing the Brandermill Community Association, expressed appreciation to the Board for adopting -~ the Master Plan and stated that the proposed ordinance will provide a logical and fair means of funding construction of the regional BMPs for the Upper Swift Creek Watershed. She urged the Board to adopt the ordinance and pass the cost on to the developers who will benefit most from the BMPs. Mr. Tom Pakurar, representing Hands -Across - the - Lake, stated that the proposed ordinance will assist in protecting valuable resources and urged the Board to adopt the ordinance. Ms. Diana Parker, representing the Falls of the James Group of the Sierra Club, commended the Board and staff for their efforts in developing the Master Plan and accompanying ordinances. She urged the Board to adopt the ordinance. Dr. Betty Hunter-Clapp expressed concerns relative to ownership of the land in Brandermill that is currently used for public pools. There being no one else to speak to the ordinance, the public hearing was closed. After brief discussion, Mr. Warren made a motion, seconded by Mr. McHale, for the Board to adopt an ordinance relating to pro-rata share fees for the construction of regional BMPs in the Swift Creek Reservoir Watershed. Mrs. Humphrey stated that she feels the preservation of the Swift Creek Reservoir represents a milestone in the County's list of accomplishments ,. Mrs. Humphrey then called for a'/ote on the motion of Mr. Warren, 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 ADDING A NEW ARTICLE VI TO CHAPTER 12, RELATING TO PRO-RATA SHA.RE PAYMENTS FOR THE CONSTRUCTION OF WATERSHED LEVEL BEST MANAGEMENT PRACTICE FACILITIES IN THE SWIFT CREEK RESERVOIR WATERSHED BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That a new Chapter 20 of the Code of the County of Chesterfield, 1997, as amended, by adding to read as follows: --..w' ARTICLE VI. BEST MilliAGEMENT PRACTICE FACILITIES FOR THE SWIFT CREEK RESERVOIR WATERSHED Sec. 12-71. Purpose and intent of chapter. 3/14/01 01-278 - The purpose and intent of this chapter is to require all developers of land to pay their pro-rata share of the cost of providing necessary facilities to control the volume and quality of runoff generated by new development in the Swift Creek Reservoir Watershed. The locations, type and size of such facilities has been established in the Management Master Plan & Maintenance Program for the Swift Creek Reservoir Watershed, adopted by the Board of Supervisors in October of 2000 (the "Plan"). The Plan shall constitute the general improvement program required by ~15.2-2243 of the Code of Virginia. The Plan covers a 61 square mile area encompassed by the Swift Creek Reservoir Watershed. This designated area has common stormwater runoff and drainage conditions in that all runoff generated by new development drains to the Swift Creek Reservoir. The Plan establishes a program for the strategic location of six types of structural and non-structural regional Best Management Practice facilities (BMP' s) throughout the Swift Creek Reservoir Watershed. The designated BMP' s are denoted on a map entitled "Swift Creek Watershed Siting Scenario 5" which is on file in the office of the Director of the Department of Environmental Engineering. The purpose of the system of regional BMP I s is to control the increased volume, velocity and quality of stormwater runoff that will be caused by anticipated development in the Swift Creek Reservoir Watershed. Section 12-72. Basis for the Pro-Rata Share Fee. - The pro-rata fee has been calculated based on the increased volume of stormwater runoff, expressed as an increase in impervious area, resulting from projected development in the Watershed. The proj ected costs on which the fee is based include design, land acquisition, construction, wetland mitigation and other factors related to the implementation of the regional BMP's enumerated above and are enumerated in the Watershed Management plan and Maintenance Program for the Swift Creek Reservoir Watershed which is on file in the Office of the Director of Environmental Engineering. The formula developed for calculating the fee by the Department of Environmental Engineering, which is hereby adopted as the formula for determining pro rata shares, reflects the product of the amount of impervious area and the established fee per impervious acre. The formula shall be updated weekly to reflect changes in construction costs by applying the Engineering New Record Construction Cost index value. Sec. 12-73. Pro-Rata Share Contributions. - Anyone proposing to develop land within the Swift Creek Reservoir Watershed shall be required to pay the pro-rata share of the cost of providing the Regional BMP's enumerated above, as provided for in the Watershed Management Plan and Maintenance Program for the Swift Creek Reservoir Watershed. Payment of the pro-rata share fee shall be due prior to the signature of the Department of Environmental Engineering on the record plat for residential development, and prior to the Environmental Engineering Department's approval of the site plan for non-residential development. Sec. 12-74. Pro-Rata Share Accounts. The pro-rata payments received shall be kept in a separate account for the implementation of the Watershed Management Plan and Maintenance Program for the Swift Creek Reservoir and expended only for improvements and associated costs made in 3/14/01 01-279 accordance with the approved Plan. Any interest that accrues on such payments shall accrue to the b~nefit of the County. Section 12 -75. Pro-Ralta Fee Payments. Pro-rata fee payments received shall be expended only for necessary engineering, related studies, land acquisition and the construction of those facilities identified in the Watershed Management Plan and Maintenance Program for the Swift Creek Reservoir. (2 ) That this ordinance shall immediately upon adoption. become effective Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 1S.B. TO CONSIDER THE: ADOPTION OF AN ORDINANCE RELATING TO BEST MANAGEMEN'I' PRACTICES -1BMPS) MAINTENANCE FEES Mr. McElfish stated that this date and time has been advertised for a public hearing to consider an ordinance relating to Best Management Practices (BMPs) maintenance fees. He further stated that the ordinance was referred to the Planning Commission who held a work session and public hearing. He stated that the Planning Commission suggested one change which would exclude second dwelling units from the residential maintenance fee requirement. He further stated that Attachment Two excluded apartments as they would be handled like all other commercial ventures through the BMP maintenance notification process. When asked, Mr. McElfish stated that there are many more BMP facilities in commercial areas than in residential areas of the County. ~/ There was brief discussion relative to the BMP maintenance process relative to commercial ventures. Mr. McElfish stated that, if the commercial owners fail to perform the maintenance, the County will perform the work and recoup the funds from the private commercial entity. He further stated that, in the Upper Swift Creek Watershed, commercial entities will be responsible for pro-rata share fees for the construction of regional BMPs, but not for a maintenance fee. Mr. Barber questioned the exclusion from the residential maintenance fee for second dwelling units on an individual lot. Mr. McElfish stated that the Planning Commission suggested the exclusion because the maintenance fee generally refers to parcels rather than dwelling units. Mr. Miller questloned the computation used to arrlve at the $100 per dwelling unit maintenance fee. Mr. McElfish stated that Environmental Engineering staff worked with Budget staff to determine the fee. He further stated that staff recommended $75, but because of variables involved, the Planning Commission recommended $100. ..,~.. Mr. Miller expressed concerns relative to the sufficiency of the maintenance fee. When asked, Mr. McElfish stated that the County is not taking 3/14/01 01-2ElO over the responsibility for maintaining any amenities, but rather BMP facilities that were required by the County for either water quality control, quantity control or both. Mr. Miller expressed concerns relative to the County's maintaining of amenities that serve as BMPs and to potential liability because of property damage or personal injury. - Mr. Micas stated that the County's only responsibility would be to maintain the BMP facilities for water quality and quantity purposes, and indicated that the County is protected through immunity from property damage and personal injury claims. McElfish stated that he is confident that the $100 per dwelling unit fee is sufficient for future BMP maintenance needs. Mr. Barber stated that he is satisfied that the County's policy for maintenance of BMP facilities on commercial property represents a fairly aggressive approach for recouping maintenance costs. He expressed concerns relative to the County taking over a private responsibility using County funds and potential liability for property damage and personal injury, but indicated that he would support the ordinance even though he might have chosen another option. Mr. McElfish stated that the Planning Commission had expressed concerns relative to when the fee would be collected. He further stated that staff recommends collecting the fee at the time of recordation. ..~ When asked, Mr. McElfish clarified that apartment complexes would be treated the same as any other commercial facility as far as maintenance of BMPs is concerned. He further stated that, if a BMP was required on property where an apartment complex is located, the owner would be required to build and maintain it. He stated that, if the BMP was required of an apartment complex in the Upper Swift Creek area, the owner would be required to pay the fee of $5,010 per impervious acre. Mr. McHale questioned the possibility of attaching a lien to property if the owner fails to perform the requested BMP maintenance and also fails to refund the County for performing the maintenance. Mr. Micas stated that, if necessary, the County could file suit against commercial property owners to recoup fees incurred for BMP maintenance on existing BMPs. Mr. Miller stated that he feels it might be prudent to be on the conservative side and not exempt apartment complexes from the residential maintenance fee. Ms. Laurie Newill stated that she feels the maintenance fee would relieve some of the burden placed on the General Fund and also provide a means for new development costs to keep pace with new development. She requested that the Board adopt the proposed ordinance. - Comments from the public were taken at this time. When asked, Ms. Newill stated that she feels apartment complexes should be treated the same as other commercial entities with the responsibility for building and maintaining their own BMP facilities. Mrs. Humphrey expressed concerns relative to the 1400 apartment units proposed in Magnolia Green and questioned whether it is reasonable to exempt them from the $100 per dwelling unit 3/14/01 01-281 maintenance fee. Mr. Warren stated that he feels che Board should adopt the ordinance but have staff prepare information relative to treatment of apartment complexes as commercial entities within thirty days for the Board's review. Ms. Diana Parker expressed appreciation for the County's protection of its water sources and stated that the proposed ordinance is important for ensuring the maintenance of BMP facilities. Mr. Tom Pakurar stated that he supports the proposed ordinance because it provides for the payment of BMP maintenance fees by -" new development. Dr. Betty Hunter-Clapp stated that she supports the proposed ordinance, but indicated that she st ill feels a stormwater utility fee would be the most equitable way of funding BMP maintenance. There being no one else to speak to the ordinance, the public hearing was closed. Mrs. Humphrey made a motion, seconded by Mr. Warren, for the Board to adopt the proposed ordinance (Attachment Two) relating to BMP maintenance fees and direct staff to provide information to the Board wi thin thirty days as to whether apartment complexes should be treated differently from other commercial developments. Mrs. Humphrey clarified that her motion would include requiring the BMP maintenance fee to be payable at the time of recordation and also requiring staff to provide information to the Board within thirty days as to whether apartment complexes should be treated differently from other commercial development,3. Mr. Barber suggested that the Board might want to amend the motion to delete the language excluding second dwelling units and two-family dwelling units frrnn the BMP maintenance fee and also have staff provide information relative to whether second dwelling units should be excluded from the residential maintenance fee in thirty days. Mrs. Humphrey and Mr. Warren concurred with Mr. Barber's amendment. Mrs. Humphrey then called for a vote on the amended motion made by her, seconded by Mr. Warren, for the Board to delete the language relative to second dweLling units and two-family dwelling units from the proposed ordinance; direct staff to provide information to the Board within thirty days as to whether apartment complexes should be treated differently from other commercial developments and whether second dwelling units and two- family dwelling units should be excluded from the residential maintenance fee; and adopt the following ordinance requiring BMP maintenance fees payable at the time of recordation: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-233 RELATING TO SURETY FOR M1UNTENANCE OF BEST MANAGEMENT PRACTICE FACILITIES - BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 01-282 (1) That Section 19-233 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 19-233. Resource management area regulations. Any use, development or redevelopment of land shall meet the following performance criteria: <- 000 (e) If the best management practices utilized in a commercial development require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a maintenance/easement agreement, commercial surety bond, bank letter of credit or other assurance satisfactory to the director of environmental engineering. If the best management practices utilized for a residential development require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a commercial surety bond, bank letter of credit or cash escrow in an amount equal to $100 for each dwelling unit in a residential development. This residential requirement excludes apartments. The form of any bond or letter of credit provided pursuant to this section shall be subject to approval by the county attorney. 000 (2) That this ordinance shall immediately upon adoption. become effective - Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. Warren expressed appreciation for the leadership of Brandermill, Hands Across the Lake and the Sierra Club in providing assistance to the County in protecting its valuable resources. 16 . ADJOURNMENT On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adjourned at 8:38 p.m. until March 21, 2001 at 3:30 p.m. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. - , /VtfiL !f Lane B. Ramsey County Administrator i, 6 ~ l-\~ Renny B sh Humphrey Chairman 01-283