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08-25-99 MinutesBOARD OF SUPERVISORS MINUTES August 25, 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 Staff in Attendance: Dr William Bosher, Jr. Supt., School Board Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Susan Deusebio, Economic Development Ms Rebecca Dickson, Dir., Budget and Management Ms Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Mr. Louis Lassiter, Dir., Internal Audit Dr. Burr Lowe, Dir., Mental Health/Retard. Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Commander Louis Moore, Police Department Dr. William Nelson, Dir., Health Department Mr. Richard A. Nunnally, Extension Agent Mr. F. O. Parks, Dir., Information Systems Tech. Mr. Glen Peterson, Dir., Community Diversion Incentive Program Mr. Francis Pitaro, Dir., General Services 99-680 8/25/99 Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Dr. Robert Wagenknecht, Dir., Libraries Sheriff Clarence Williams, Sheriff's Department Mr. Thomas A. Taylor, Dir. Block Grant Office Mr. Daniel called the regularly scheduled meeting to order at 3:35 p.m. 1. APPROVAL OF MINUTES 1.A. JULY 16, 1999 (FIREWORKS DISPLAY AT SUNDAY PARK) On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of July 16, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 1.B. JULY 28, 1999 (REGULAR SCHEDULED MEETING) On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the minutes of July 28, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 1.C. AUGUST 9, 1999 (GATEWAY BUSINESS ASSOCIATION) On motion of Mr. Barber, seconded by Mr. Warren, the Board approved the minutes of August 9, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS There were no County Administrator's Comments at this time. 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. 99-681 8125199 REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CI{A/qGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. McHale, the Board deleted Item 8.C.11.c., Approval of Contract for the Smoketree Drive and Gordon School Road Sidewalk/Bike Lane Project; replaced Item 14.C., Resolution Recognizing the U14 "Midlothian Blast" Girls Premier Soccer Team; and, adopted the Agenda, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.ao RECOGNIZING CHESTERFIELD PROFESSIONAL FIREFIGETERS ASSOCIATION FOR THEIR DONATION TO THE FIRE DEPARTMENT TO ASSIST THE FIRE AND LIFE SAFETY TRAINING TRAILER PROJECT Chief Elswick introduced Lieutenant Pete Svoboda, President of the Chesterfield Professional Firefighters Association, who was present to receive the resolution. 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 the spirit of community, the Chesterfield Fire Department and the Chesterfield Professional Firefighters Association 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 99-682 8/25/99 WHEREAS, the Chesterfield Professional Firefighters Association has designated Chesterfield County Fire Department as the recipient of a $7,000 donation 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; and WHEREAS, this donation is a great positive reflection on the men and women of the Chesterfield Professional Firefighters Association, as their donation is going directly back to the community and citizens they serve each day. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Chesterfield Professional Firefighters Association for its generous contribution to the Chesterfield County Fire Department, and acknowledges its 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 Lieutenant Svoboda, accompanied by Chief Elswick, and expressed appreciation for the contribution. Lieutenant Svoboda expressed appreciation to the Board for the recognition and for their support throughout the years, and also to Chief Elswick for his leadership. SoB. RECOGNIZING MR. DAVID SHEARIN, SHERIFF'S OFFICE, UPON HIS RETIREMENT Sheriff Williams introduced Mr. David Shearin who was present to receive the resolution. He then introduced Lieutenant Colonel Dennis Proffitt to make a presentation to Mr. Shearin. Lieutenant Colonel Proffitt presented Mr. Shearin with the Clarence Williams, Sr./Nick Fuccella Public Service Award and congratulated him on being the recipient of the award. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. David W. Shearin began his public service with Chesterfield County as a Deputy on August 1, 1974 and has faithfully served the County for twenty-five years; and WHEREAS, by providing quality public service, Mr. Shearin has symbolized the type of employee Chesterfield County seeks; and 99-683 8/25/99 WHEREAS, Mr. Shearin's desire to do a thorough job and willingness to share the wealth of experience with his fellow deputies is proof of his achievements; and WHEREAS, Mr. Shearin has always gone beyond the call of duty in order to serve and assist citizens of Chesterfield County whether it be changing a flat tire or making sure a house is secure; and WHEREAS, Mr. Shearin has further improved the quality of life for some of Chesterfield County's Senior Citizens by participating in the Sheriff's Seniors-in-Touch program. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Mr. David W. Shearin, expresses the appreciation of all residents for his service to the County, and extends their appreciation for his dedicated service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Shearin 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. Ramsey presented the executed resolution and a Jefferson Cup to Mr. Shearin, accompanied by Sheriff Williams and Lieutenant Colonel Proffitt, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Mr. Shearin expressed appreciation to the Board for the recognition and also to Sheriff Williams and Lieutenant Colonel. Proffitt for their leadership. 5.C. RECOGNITION OF 1999 NACO ACHIEVEMENT AND NACIO AWARD WINNERS Mrs. Cole stated that this year Chesterfield County is the recipient of twenty-four Achievement Awards from the National Association of Counties (NACo). She further stated that in addition to receiving twenty-four Achievement Awards, the County's Public Affairs Department received sixteen awards from the National Association of County Information Officers (NACIO). She noted that, for the third consecutive year, Chesterfield received the most achievement awards of any locality in the State and also noted that the County ranked fourth in the nation for the number of NACo Achievement Awards received. 99-684 8/25/99 Mr. Daniel, accompanied by Mr. Ramsey, recognized the following Awards and recipients of the 1999 NACo Achievement Awards: Department Project County Administration Total Quality Improvement Advisors Community Corrections Day Reporting Center Extension Service "Litter is a Monster" Video Fire Department Public Safety Television Channel Volunteer Recruit School General Services Volume Based Bi-Weekly Refuse Collection Health Department > ~Where is the Lead?" House Lead Awareness Program > HOPWA Collaborative > Church Food Safety Education Program Human Resource Management > Employee Leadership Institute Internal Audit > Office of Internal Audit Ethics Training Presentation Libraries Pick the Winner Picture Book Evaluation Program Read to Feed a Homeless Animal Teen Read Week Writers Workshop Central Library Celebrating Seniors Mental Health/Mental Retardation Community PLUS Chesterfield Mental Health Intensive Supported Living Planning Department Friends of the Riverfront: Strategic Plan and Five Year Work Program Development Neighbor to Neighbor Citizen Code Enforcement Program Police Department Crime Solvers Scholastic Program Public Affairs > Access to Success: "The Media Are Coming" School Board > Public School Accountability 99-685 8/ s/99 Social Services > Job Readiness Training, Incorporated Public Affairs (NACIO Awards) > Meritorious in brochures for the Strategic Plan > Best of Class in internal publications for County Comments > Excellence in external publications for Chesterfield Choice > Excellence in news writing for Chesterfield Monitors Streams to Reduce Pollutants in Runoff > Meritorious in news writing for Protecting Students' Health > Meritorious in feature writing for Public Safety Communications--When Lives Are on the Line > Meritorious in feature writing for Police Mentor Is "The Hug Guy" > Meritorious in feature writing for So What Do I Get for my Tax Dollar? > Superior in script writing for Friends of Chesterfield Riverfront > Excellence in graphic design for 250th Logo > Excellence in graphic design for County Comments > Meritorious in graphic design for Strategic Plan > Excellence in photography for Puppy's Eye View > Meritorious in photography for Public Safety: Training fer the Future > Meritorious in photography for Protecting Students' Health > Excellence in special projects for Strategic Plan Information Campaign Mr. Daniel and Mr. Ramsey congratulated and commended each department on their recognitions. 6. WORK SESSIONS There were no work sessions at this time. 99-686 8/zs/99 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Daniel, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Chesterfield Emergency Planning Committee and the Appomattox Basin Industrial Development Corporation. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.1. CHESTERFIELD EMERGENCY PLANNING COMMITTEE On motion of Mr. McHale, seconded by Mr. Barber, the Board nominated the following persons to serve on the Chesterfield Emergency Planning Committee, who will be appointed by the Governor: Mr. David C. Broocke, Reynolds Printing Plant Mr. Steven M. DeLisi, Virginia Department of Emergency Services Mr. Michael Reik, McGuire Virginia Hospital Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.2. APPOMATTOX BASIN INDUSTRIAL DEVELOPMENT CORPORATION On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board reappointed Mr. J. L. McHale, III and Mr. Gary Thomson, representing the County at-large, to serve on the Appomattox Basin Industrial Development Corporation, whose terms will be effective October 1, 1999 and will expire September 30, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS 8.B.1. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board approved the following streetlight installation cost approval: 8/25/99 99-687 Dale District * Falling Creek Circle, vicinity of 4720/4718 Cost to install light: $891.36 Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.B.2. DEFERRED STREETLIGHT INSTALLATION APPROVALS Mr. McHale requested that Mr. McElfish set up a meeting with Mr. Matthew Hill to discuss the four streetlight requests for South Creek. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to approve the following streetlight installation cost approvals: Bermuda District * Ransom Hills Place and Ransom Hills Road, Ransom Hills Cost to install light: $2,374.36 * Ransom Hills Road and Ransom Hills Turn, Ransom Hills Cost to install light: $3,587.47 * Ransom Hills Road and Ransom Hills Terrace, Ransom Hills Cost to install light: $2,865.78 Matoaca District * Eagle Rock Avenue and Mistwood Forest Drive (north intersection), Mistwood Forest Cost to install light: $5,451.48 And, further, the Board deferred approval of the following streetlight installation cost approvals until November 23, 1999: Bermuda District * Southcreek Court, in the cul-de-sac, South Creek Cost to install light: $4,336.26 * Broadbill Drive, in the cul-de-sac, South Creek Cost to install light: $5,717.54 * Jumping Mallard Place, in the cul-de-sac, South Creek Cost to install light: $5,320.72 * Crayfish Terrace, in the cul-de-sac, South Creek Cost to install light: $3,535.72 Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-688 8125/99 8.C. CONSENT ITEMS 8.C.1. APPROVAL OF AMENDMENTS TO GUIDELINES FOR SUBSTANTIAL ACCORD DETERMINATIONS AND/OR ZONING APPROVAL FOR COMMUNICATIONS TOWER LOCATIONS On motion of Mr. McHale, seconded by Mr. Warren, the Board approved amendments to the guidelines for substantial accord determinations and/or zoning approval for communications tower locations. (It is noted a copy of the amendments is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C,2. APPROVAL OF EMPLOYEE PURCHASE OF PRIOR VIRGINIA RETIREMENT SYSTEM SERVICE CREDIT ON A TAX DEFERRED BASIS On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: RESOLUTION AUTHORIZING THE COUNTY TO PICK UP THE EMPLOYEE'S CONTRIBUTION TO VRS FOR PAST SERVICE CREDIT UNDER §414(H) OF THE INTERNAL REVENUE CODE AS PERMITTED BY THE GENERAL ASSEMBLY WHEREAS, the County of Chesterfield desires to provide its employees with tax deferral pursuant to §414(h) of the Internal Revenue Code with respect to their members contributions to the Virginia Retirement System, the State Police Officers Retirement System and the Judicial Retirement System (collectively referred to as VRS) for the permissible purchase of past service credit by picking up member contributions to the VRS; and WHEREAS, the pick up is authorized under Virginia Code Sections 51.1-142.I and 51.1-143.C.; WHEREAS, the VRS keeps track of such picked up member contributions, and is prepared to treat such contributions as employee contributions for all purposes of VRS; NOW, THEREFORE, IT IS HEREBY RESOLVED that effective the first pay day on or after the later of July 1, 1999 or the date the member executes a binding and irrevocable salary reduction election relating to the past service permitted to be purchased, the County of Chesterfield shall pick up all or a portion of the member contributions of its employees to VRS based on the terms of the salary reduction election, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States; and it is further 99-689 8/2s/99 RESOLVED, the binding salary reduction election to be executed by the member shall include the following: (1) the beginning and ending date of the election, (2) the amount of the salary reduction on a pay period by pay period basis, (3) the total amount of the contribution expected to be involved, (4) a statement that the member may not receive the contributed amounts instead of having them paid by the County of Chesterfield to the VRS, and (5) an agreement that the member will not purchase the service credit through a lump sum payment during the period in which the salary reduction election is in effect, and it is further RESOLVED, the member may revoke the salary reduction election only in the event of an unforeseeable emergency as that phrase is used and defined in IRC Section 457 and Treasury Regulation Section 1.457-2(h) (4) and if such a revocation is made, the member may not make a new salary reduction election during his period of employment, and it is further RESOLVED, that such contributions, although designated as member contributions, are to be made by the County of Chesterfield in lieu of member contributions; and it is further RESOLVED, the pick up member contributions shall be paid for the same source of funds as used in paying the wages to affected employees; and it is further RESOLVED, that member contributions made by the County of Chesterfield under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and it is further RESOLVED, that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by the County of Chesterfield directly instead of having them paid to VRS; and it is further RESOLVED, that notwithstanding any contractual or other provisions, the wages of each member of VRS who is an employee of the County of Chesterfield shall be reduced by the amount of member contributions picked up by the County of Chesterfield on behalf of such employee pursuant to the foregoing resolutions. RESOLVED, that the effective date of this resolution shall be August 25, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-690 8/25/99 8 .C,3. AWARD OF A REQUIREMENT CONTRACT FOR A PHYSICIAN TO PROVIDE MEDICAL SERVICES TO INMATES OF T~R C~ESTERFIELD COUNTY JAIL On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a contract for providing medical services to inmates of the County Jail to Robert W. Fry, M.D., for a fee of $180,000 for the first year, which shall be renewable for four additional years, and authorized the County Administrator to execute the required documents approved by the County Attorney. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C,4. ADOPTION OF RESOLUTIONS 8.C,4.a, RECOGNIZING MR. GERALD W, CRITCWmR, GENERAL SERVICES, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Gerald W. Critcher retired on July 31, 1999 after providing eighteen years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Critcher began his service on January 5, 1981 as Supervisor, County Garage; and WHEREAS, Mr. Critcher has seen the County's motor vehicle fleet grow from several hundred vehicles to more than 2,400 vehicles; and WHEREAS, Mr. Critcher performed his duties and responsibilities in a dependable manner, often responding to emergencies after normal work hours and on weekends; and WHEREAS, Mr. Critcher always placed the welfare and safety of citizens and fellow County employees above his own personal comfort and feelings and will be missed by his fellow co- workers; and WHEREAS, Mr. Critcher is known for his friendly, easy going manner and his ability to work with others in an effective way. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Gerald W. Critcher and extends their appreciation for his dedicated service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-691 8/2s/99 8.C.4.b. ACKNOWLEDGING HOMEWARD AS THE COUNTY'S REGIONAL HOMELESS SERVICES COORDINATING ENTITY On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the County of Chesterfield is the residence for people who may be homeless; and WHEREAS, the causes of homelessness in the County include, among other things, mental illness, state and federal policies concerning mental illnesses, the unavailability of low-income housing, drug and alcohol abuse, sudden loss of employment and/or income, family instability and domestic violence and economic conditions; and WHEREAS, the consequences of homelessness in the County, its neighborhoods, its businesses and homeless people themselves are numerous and significant; and WHEREAS, quickly changing state and federal policies concerning low-income housing, drug and alcohol rehabilitation and mental illness pose great concerns for the future of homeless people in the County and on the impact that the homeless population will have on the greater community; and WHEREAS, it is desirable that our community investigate solutions to homelessness and its effects in a proactive manner, rather than reacting in a piecemeal way to each facet of the issue. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors requests that the County Administration work together with service providers, the faith community, homeless individuals, United Way, Homeward, the educational community, business leaders, leadership from Richmond City and Henrico County, and other interested citizens to support Homeward, an organization designed to determine community needs and proposed solutions to the problems associated with homelessness. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.5. REQUEST TO STAGE A FIREWORKS DISPLAY AT WOODLAK~ PAVILION/AMPHITHEATER On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Ms. Karen Maynard-Moghaddas of the Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 5, 1999, with a rain date of September 11, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-692 8/2S/99 8.C.6. APPROVAL OF THE ASSIGNMENT OF A REAL ESTATE CONTRACT BETWEEN THE COUNTY AND VIRGINIA LANDMARK COMPANY OF VIRGINIA, INCORPORATED TO LANDMARK COMPANY, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the assignment of a real estate contract between the County and Virginia Landmark Company of Virginia, Incorporated, for 3.66 acres in the Airport Industrial Park, to Landmark Company, Incorporated. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.7. SET DATE FOR PUBLIC HEARING AND ESTABLISH FORTY-FOUR FULL TIME POSITIONS FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of September 8, 1999 at 7:00 p.m. for a public hearing to consider the appropriation of up to $2,000,000 in additional State and fee revenue and expenditures for the Mental Health/Mental Retardation/Substance Abuse Department. And, further, the Board established forty-four full time positions for the Mental Health/Mental Retardation/Substance Abuse Department. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.8. 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 Warfield Estates, Section D, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Warfield Estates, Section D, Bermuda District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Warfield Estates, Section D, Bermuda District, be and they hereby are established as public roads. 99-693 8/2s/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: Warfield Ridge Drive Length: 0.10 mile From: Cul-de-sac, 0.10 mile south of Perdue Avenue, State Route 4450 To: Perdue Avenue, State Route 4450, at intersection with Cedar Lane, State Route 4453 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Warfield Ridge Terrace Length: 0.10 mile From: Warfield Ridge Drive, 0.04 mile south of Perdue Avenue, State Route 4450 To: Cul-de-sac, 0.10 mile southeast of Warfield Ridge Drive Guaranteed Right-of-Way Width: 40 feet. Name of Street: Warfield Estates Drive Length: 0.09 mile From: End of section limits, 0.09 mile south of Osborne Road, State Route 616 To: Osborne Road, State Route 616, at intersection with Shady Lane, State Route 1532, 0.07 mile southwest of Cliff Lawn Drive, State Route 807 Variable Right-of-Way Width: 44 to 50 feet. Name of Street: Warfield Estates Court Length: 0.03 mile From: Cul-de-sac, 0.03 mile west of Warfield Estates Drive To: Warfield Estates Drive, 0.05 mile south of Osborne Road, State Route 616 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Warfield Estates Terrace Length: 0.11 mile From: Warfield Estates Drive, 0.05 mile south of Osborne Road, State Route 616 To: Cul-de-sac, 0.11 mile east of Warfield Estates Drive Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 40 lots. This section of Warfield Estates is recorded as follows: Section D, Plat Book 93, Pages 15 and 16, February 10, 1997. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-694 8/25/99 8.C,9. APPROVAL OF DISTRICT IMPROVEMENT FtTNDS 8.C.9.a. FROM DALE DISTRICT TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE FOOTBALL EQUIPMENT ~n motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $2,000 from the Dale District Improvement Fund to the Parks and Recreation Department for purchasing football equipment. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. $.C.9.b. FROM MIDLOTHIAN DISTRICT TO THE POLICE AND PARKS AND RECREATION DEPARTMENTS ~ TO SCHOOL BOARD TO PROVIDE SERVICES FOR THE VILLAGE OF MIDLOTHIAN DAY FESTIVAL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $1,385 from the Midlothian District Improvement Fund -- $250 to the Police Department; $610 to the Parks and Recreation Department; and $525 to the School Board to provide services for the Village of Midlothian Day Festival. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.9.c. FROM MATOACA DISTRICT TO THE SCHOOL BOARD TO PURCHASE ATHLETIC UNIFORMS FOR MATOACA HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $2,000 from the Matoaca District Improvement Fund to the School Board for purchasing athletic uniforms for Matoaca High School. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.10. ACCEPTANCE OF PARCELS OF LAND 8,C.10 a. ALONG THE SOUTH RIGHT OF WAY LINE OF FOREST HILL AVENUE FROM THE TRUSTEES OF BON AIR BAPTIST CHURCH On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.2235 acres along the south right of way line of Forest Hill Avenue (State Route 683) from the Trustees of Bon Air Baptist Church, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-695 8/25/99 8.C.10.b. ALONG THE SOUTH RIGHT OF WAY LINE OF WILLIS ROAD AND THE EAST RIGHT OF WAY LINE OF COACH ROAD FROM WHITE REAL ESTATE GROUP, LLC On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.174 acres along the south right of way line of Willis Road (State Route 613) and the East Right of Way Line of Coach Road (State Route 614) from White Real Estate Group, LLC, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.10 .¢. ADJACENT TO THE SOUTH RIGHT OF WAY LINE OF FARNHAM DRIVE FROM STONEHENGE/WOOD ASSOCIATES, L.C. On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 1.022 acres adjacent to the south right of way line of Farnham Drive from Stonehenge/Wood Associates, L.C., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.lO.d. ALONG THE EAST RIGHT OF WAY LINE OF TURNER ROAD FROM KENNETH J. AND OTELIA J. JONES On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.064 acres along the east right of way line of Turner Road (State Route 650) from Kenneth J. and Otelia J. Jones, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.10.e. ALONG THE SOUTH RIGHT OF WAY LINE OF NORTH WOOLRIDGE ROAD FROM THE GROVE, L.P. On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.125 acres along the south right of way line of North Woolridge Road from The Grove, L.P., and 99-696 8/25/99 authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHaleo Nays: None. 8.C.10.f. ALONG RUFFIN MILL ROAD FROM ROSLYN FARM CORPORATION On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 1.506 acres along Ruffin Mill Road from Roslyn Farm 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, Humphrey, and McHale. Nays: None. 8.C.11. APPROVAL OF CONTRACTS 8.C.ll.a. TO PROVIDE ANNUAL HEALTH ASSESSMENTS AND MEDICAL TESTING FOR FIRE DEPARTMENT PERSONNEL On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a contract, in the amount of $130,000, with COSHA, Incorporated to provide annual health assessments and medical testing for Fire Department personnel for a period of six years. (It is noted that funding for the contract is included in the Fire Department's FY2000 budget.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.ll.b. FOR THE DEVELOPMENT OF AN INFRASTRUCTURE STRATEGIC PLAN TO DEPLOY INTERACTIVE INTERNET AND INTRANET APPLICATIONS, INCLUDING ELECTRONIC COMMERCE AND THE TRANSFER OF FUNDS FROM NON-DEPARTMENTAL APPROPRIATIONS On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a contract, in the amount of $125,000, to iXL, Incorporated, for the development of the County's Intranet/Internet Strategic Plan to deploy interactive applications; transferred $45,000 from non-departmental appropriations to the Internet/Intranet Project; and authorized the County Administrator to execute the necessary documents. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-697 8/2s/99 8.C.11.d. FOR FY2000 CHESTERFIELD COMMUNITY SERVICES BOARD PERFORMANCE REVIEW On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the FY2000 Performance Contract between Chesterfield Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.12 AMENDMENT TO JUNE 23, 1999 BOARD MINUTES On motion of Mr. McHale, seconded by Mr. Warren, the Board amended the minutes of June 23, 1999 as follows: FROM: "On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board simultaneously nominated/appointed Ms. Stephanie Brincefield, representing the Midlothian District; Ms. Jennifer Becket 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 nominated/reappointed Ms. Samantha Dunbar, representing the Bermuda District, and Mrs. Frances Brown, representing the Matoaca District, to serve on the Youth Services Citizen Board, whose term is effective July 1, 1999 and expires June 30, 2000. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Absent: McHale." TO: "On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board simultaneously nominated/appointed Ms. Stephanie Brincefield, representing the Midlothian District; Ms. Jennifer Becket 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 99-698 8/25/99 Mrs. Frances Brown, representing the Matoaca District, whose 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." Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.13. APPROPRIATION OF FUNDS AND AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR THE GENITO ROAD RIGHT OF WAY ACQUISITION PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to enter into a right-of- way acquisition agreement, approved by the County Attorney, with the Virginia Department of Transportation (VDOT) for the Genito Road Right of Way Acquisition Project and appropriated $400,000 in anticipated VDOT reimbursements for the Genito Road Widening Project from Route 360 to Old Hundred Road. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.14. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUND POWER LINES FOR MIDLOTHIAN HIGH SCHOOL AND TO SERVE A TRAFFIC LIGHT AT THE INTERSECTION OF CHARTER COLONY PARKWAY AND NORTH WOOLRIDGE ROAD On motion of Mr. McHale, seconded by Mr. Warren, 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 to provide a potential second feed to Midlothian High School and to serve a traffic light at the intersection of Charter Colony Parkway and North Woolridge Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.15.a. 8.C.15. REQUESTS FOR PERMISSION J. LEE KEIGER, III AND CATHERINE C. KEIGER TO CONSTRUCT A DRIVEWAY WITHIN A VARIABLE WIDTH DRAINAGE EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Francis M. Jarrelle, Jr. Construction, 99-699 8/25/99 Incorporated for J. Lee Keiger, III and Catherine C. Keiger to have a portion of aggregate driveway constructed within a variable width drainage easement across Lot 21, Rosemont, Section C, 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, Humphrey, and McHale. Nays: None. 8.C.15.b. CAMILLE M. MELTON TO INSTALL A FENCE WITHIN EXISTING EASEMENTS On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Camille M. Melton to install a fence within an existing utility easement, sewer easement and drainage easement across Lot 34, Walton Lake, Section C, 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, Humphrey, and McHale. Nays: None. 8.C.15.0. FRANCIS M. JARRELLE, JR. CONSTRUCTION, INCORPORATED TO CONSTRUCT A DRIVEWAY WITHIN A FIFTEEN FOOT EASEMENT AND VARIABLE WIDTH SEWER EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Francis M. Jarrelle, Jr. Construction, Incorporated to construct a driveway within a fifteen foot easement and variable width sewer easement across Lot 24, Rosemont, Section F, 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, Humphrey, and McHale. Nays: None. 8 .C.15.d. THOMAS L. ASHBRIDGE, IV TO EXTEND A PRIVATE WATER SERVICE LATERAL TO SERVE A RESIDENCE ON OLD GUN ROAD EAST On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Thomas L. Ashbridge, IV to extend a private water service within Old Gun Road East right of way in the City of Richmond to serve a County residence at 3510 Old Gun Road East and authorized the County Administrator to execute the water connection agreement. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-700 8/25/99 8.C.16. APPROVAL OF REQUEST TO QUITCLAIM A SIXTEEN FOOT WATER EASEMENT ACROSS THE PROPERTY OF SUMITOMO BANK LEASING AND FINANCE, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixteen foot water easement across the property of Sumitomo Bank Leasing and Finance, Incorporated. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.17. AWARD OF CONSTRUCTION CONTRACT, APPROPRIATION OF CASH PROFFERS, AND TRANSFER OF FUNDS FOR THE NEW LAPRADE BRANCH LIBRARY On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a construction contract, in the amount of $3,044,600, to Shirley Construction Corporation for the construction of the replacement LaPrade Branch Library; appropriated $70,000 in library cash proffer funds; and transferred $150,000 from the Reserve for Future Capital Projects to the LaPrade Library Project. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.18. TRANSFER OF FUNDS FOR CULTURAL RESOURCE STUDY FOR NORTH ENON CHURCH ROAD IMPROVEMENTS TO MEADOWVILLE TECHNOLOGY PARK On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $30,000 from the Industrial Access Account to the North Enon Church Road Industrial Access Project (Meadowville) for the preparation of a cultural resource study and authorized the County Administrator to take all necessary steps to have a cultural resource study completed for improvements to North Enon Church Road and construction of a side road to serve Meadowville Technology Park. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.19. AUT~0RIZATION FOR T~E POLICE DEPARTMENT TO APPLY FOR A ONE YEAR FEDERAL BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT BLOCK GRANT TO BE USED FOR LAW ENFORCEMENT PURPOSES On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Police Department to apply for a Federal Local 99-701 8/2s/ 9 Law Enforcement Block Grant, in the amount of $78,507, to be used for law enforcement purposes and appropriate the necessary funds when approved. (It is noted that this is a continuation of an existing grant and the required local match of $8,723 is available from the Police Department's operating budget.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.20. ACCEPTANCE OF FOUR BURIAL PLOTS IN BERMUDA MEMORIAL PARK FROM AN ANONYMOUS CHESTERFIELD COUNTY CITIZEN On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of four burial plots in Bermuda Memorial Park from an anonymous County citizen and authorized the County Administrator to execute the necessary deed. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.21. AWARD OF CONTRACT AND TRANSFER OF FUNDS FOR REPAIRS TO THE CIRCUIT COURTS BUILDING On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a contract, in the amount of $21,814, to Betco Construction, Incorporated; transferred $25,500 for column repairs at the Circuit Courthouse; and transferred $42,265 for painting the Circuit Courts Building. (It is noted funds are available in the completed General Services Warehouse D and Wagner Building Parking Lot projects to cover the transfers.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel stated that he recently received a request for the Board's support for contributions to a World War II memorial and that, hopefully, it will be considered at the September 8, 1999 meeting. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS There was brief discussion relative to abandonment of roads on the Report of Changes to the Secondary System of State Highways. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the following reports: 8/25/99 99-702 A Planning Commission review of the Central Area Plan; a report on Developer Water and Sewer Contracts; and a status report of the General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: ABANDONMENT Length Matoaca Fitzhugh Street (Route 1312) - From Route 600 to 0.07 Mile Southwest Route 1304 -0.03 Mi ADDITION Monican Hills, Section 6 McCauliff Court (Route 3742) - From Route 3424 to 0.13 Mile Northeast Route 3424 0.13 Mi McCauliff Drive (Route 3424) - From 0.09 Mile Northwest Route 3402 to 0.18 Mile Northwest Route 3402 0.09 Mi North Oaks, Section B Oakdell Drive (Route 4586) - From 0.17 Mile South Route 4589 to 0.01 Mile South Route 4589 0.16 Mi Oakshire Lane (Route 4591) - From Route 4586 to Route 4592 0.06 Mi Oakshire Terrace (Route 4592) - From 0.04 Mile South Route 4591 to 0.05 Mile North Route 4591 0.09 Mi Oakside Drive (Route 4585) From 0.22 Mile Southeast Route 4589 to 0.01 Mile Southeast Route 4589 0.21 Mi Beckenham, Section D Inchcape Court (Route 4644) - From Route 1242 to 0.05 Mil Northeast Route 1242 0.05 Mi Inchcape Road (Route 1242) From 0.05 Mile Southeast Route 1243 West to Route 1243 East 0.26 Mi Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-703 8/25/99 11. DINNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502 for dinner. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Reconvening: 12. INVOCATION Reverend David Adkins, Pastor of Saint Mark's United Methodist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Edward Swope, District Manager for Pocahontas State Park, led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING THE CIVILIAN CONSERVATION CORPS Mr. Hammer introduced Mr. Ray Daniels, representing the Civilian Conservation Corps, and Mr. Edward Swope, District Manager for Pocahontas State Park, who were present to receive the resolution. Mr. Daniels introduced Mr. Larry Beller and Mr. Richard Ward, alumni of the Civilian Conservation Corps. On motion of the Board, the following resolution was adopted: WHEREAS, President Franklin Delano Roosevelt established the Civilian Conservation Corps in 1933 as part of the "New Deal" program; and WHEREAS, the agency, commonly called the CCC, provided employment for about three million unemployed young men who worked on construction and conservation projects; and WHEREAS, these projects included installing telephone lines, conducting reforestation projects and building fire observation towers; and WHEREAS, the CCC also developed many state parks, including the Swift Creek Recreation Area, later renamed Pocahontas State Park; and 99-704 8/25/99 WHEREAS, Americans continue to enjoy to this day, across the nation, these beautiful natural areas; and WHEREAS, CCC alumni, many now in their eighties, will hold a reunion in Pocahontas State Park in September 1999; and WHEREAS, it is fitting that we who enjoy the fruits of their labors today publicly express our gratitude to the men of the Civilian Conservation Corps. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield Board of Supervisors publicly recognizes the significant and important work accomplished by the Civilian Conservation Corps and extends on behalf of all Chesterfield County residents its best wishes and appreciation to the Civilian Conservation Corps. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented an executed resolution to Mr. Daniels, accompanied by Mr. Beller and Mr. Ward, and also to Mr. Swope and expressed appreciation for the efforts of the Civilian Conservation Corps towards the development of parks that are still enjoyed today. Mr. Daniels expressed appreciation to the Board for the recognition and related several stories from the days of the Civilian Conservation Corps. Mrs. Humphrey offered her best wishes to Mr. Daniels and the other alumni of the Civilian Conservation Corps for a successful reunion. 14.B. SUPPORTING THE UNITED STATES CENSUS BUREAU'S CENSUS 2000 CAMPAIGN Ms. Cole introduced Mr. Larry Gray, Local Census Office Manager and Mr. Ron Brown, Partnership Specialist for Virginia, who were present to the receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the United States Bureau of Census has begun preparing for Census 2000; and WHEREAS, the census is a complete accounting of every resident in the United States and is conducted at least every ten years; and WHEREAS, the next decennial census is to be conducted on April 1, 2000; and WHEREAS, in order to accomplish its goal of an accurate and cost efficient census the U. S. Census Bureau has requested support from state, local and tribal governments, businesses, 8/25/99 99-705 community-based organizations and others in the public and private sector for its campaign to increase awareness of and promote participation in the 2000 Census; and WHEREAS, the U. S. Census in partnership with localities and other groups will make every effort to develop outreach activities especially designed to meet the needs of all residents and to reach those considered "hard to enumerate"; and WHEREAS, the Chesterfield County Board of Supervisors supports the Census Bureau's initiatives to increase awareness of the purpose of the census, to promote its benefits, and to ensure that as many County residents as possible participate in the 2000 Census; and, WHEREAS, the Board of Supervisors recognizes the importance of the information that will be gathered in the next census for activities such as apportioning the U. S. House of Representatives and redistricting, providing, detailed data on population growth to the public and private sector, and distributing federal revenue to state and local governments. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby express its support of the United States Census Bureau's campaign to increase citizen awareness of Census 2000 and encourages participation by all County citizens in the census on April 1, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Messrs. Gray and Brown and stressed the importance of County citizens completing the census form accurately. Mr. Gray expressed appreciation for the Board's support and stressed the importance of citizen participation in the census. Mr. Brown expressed appreciation for the Board's support and presented Mr. Daniel and Mr. Ramsey with shirts and mugs portraying the Census 2000 logo. 14 .C, RECOGNIZING THE U14 "MIDLOTHIAN BLAST" GIRLS PREMIER SOCCER TEAM Mr. Kappel introduced Mr. Shawn Martin, coach of the "Midlothian Blast" Girls Premier Soccer Team, and Ms. Elaine Albers, manager of the team. Coach Martin introduced members of the "Midlothian Blast" soccer team, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: 99-706 8/25/99 WHEREAS, the U14 "Midlothian Blast" Girls Premier Soccer Team traveled to Orlando, Florida in May of this year; and WHEREAS, the team competed in Disney's Memorial Day Soccer Shootout; and WHEREAS, the "Blast" competed with other teams from as far away as New York, Georgia and Arizona; and WHEREAS, the team scored more goals than any of the ten teams competing in the division; and WHEREAS, the ~Blast" had a record of five wins, no losses, thereby achieving the most successful record in the history of this Disney event; and WHEREAS, this admirable record of achievement reflected highly on Chesterfield County and on our youth; and WHEREAS, it is fitting that we recognize this superior effort by the members of the U14 Girls "Midlothian Blast" Premier Soccer Team and of Coach Shawn Martin. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the U14 Girls "Midlothian Blast" Premier Soccer Team and congratulates the team and Coach Martin on their achievements, and wishes them continued success in their future soccer careers. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution to Coach Martin, accompanied by Ms. Albers and members of the "Midlothian Blast" soccer team and congratulated them on a successful season. Coach Martin expressed appreciation to the Board for the recognition and to the manager, assistant coaches, parents and players for their dedication. Each member of the team described a memory from the Disney Tournament and was presented an executed resolution by Mr. Barber. 14.D, RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 14.D.1. PATRICK REINHOLD FREISEIS, MIDLOTHIAN DISTRICT 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, individuals; and personal development, and fitness of 99-707 8/z5/99 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. Patrick Reinhold Freiseis, Troop 879, sponsored by Saint Mark's United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is 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, Patrick 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. Patrick Reinhold Freiseis 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. Barber presented the executed resolution and patch to Mr. Freiseis, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Freiseis expressed appreciation to his family, church and minister for their support. 14.D.2. STEWART ANDREW "ANDY" NICKERSON, MIDLOTHIAN DISTRICT 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. Stewart Andrew Nickerson, Troop 879, sponsored by Saint Mark's United Methodist Church, has 99-708 8/25/99 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, Andy 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. Stewart Andrew Nickerson 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. Barber presented the executed resolution and patch to Mr. Nickerson, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Nickerson expressed appreciation to God, his parents and scoutmaster for their support. 14.D.3. GREGORY JAMES BARKER, MIDLOTHIAN DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Gregory James Barker, Troop 891, sponsored by Bon Air United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Gregory is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. 8/25/99 99-709 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Gregory James Barker 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. Barber presented the executed resolution and patch to Mr. Barker, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Barker expressed appreciation to the Board for the recognition and also to God, his parents and fellow scouts for their support. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 98SN0157 (Amended) In Clover Hill Magisterial District, RUDOLPH CONSTRUCTION CO. requested rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 6.8 acres fronting approximately 700 feet on the west line of Clintwood Road, approximately 150 feet north of Dumaine Drive, also located at the western terminus of Dumaine Drive. GPIN 742-687-5026, 5864, 7824 and 7941 (Sheet 14). Mr. Jacobson presented a summary of Case 98SN0157 and stated that the Planning Commission originally recommended denial of the earlier case. He further stated that negotiations have taken place since the Planning Commission's consideration of the case and that Mr. Russell Gulley, Clover Hill District Planning Commissioner and staff now recommend approval and acceptance of the thirteen proffered conditions. He stated that the proposed development conforms to the Northern Area Land Use and Transportation Plan. Mr. Brian Buniva, representing the applicant, stated that staff's recommendation is acceptable. There was no opposition present. 99-710 8/25/99 After brief discussion, on motion of Mr. Warren, seconded by Mr. McHale, the Board approved Case 98SN0157 and accepted the following proffered conditions: Development shall be limited to a maximum of sixteen (16) lots. The lot size shall be a minimum of 15,000 gross square feet. 3. Access to the property shall be limited to Clintwood Road. The exposed surfaces of all dwelling unit foundations shall be faced with brick veneer. 0 No dwelling unit shall exceed a height of one story. The minimum gross floor area for homes shall be 1,500 square feet; provided, that a maximum of two (2) homes may have a minimum gross floor area of 1,400 square feet, however, those homes shall not be located on lots adjacent to Clintwood Road. 6. The public water and wastewater systems shall be used. o The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield at the time of building permit application for infrastructure improvements within the service district for the property; for each dwelling unit in excess of 7: a o The amount approved by the Board of Supervisors not to exceed $6819 per lot 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. In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. o With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. The facades of dwelling units shall be constructed of brick veneer except for gables and garage doors. 10. No wood, masonite or stucco siding shall be permitted. 11. There shall be a maximum of four (4) lots adjacent to Clintwood Road. 12. On those maximum of four (4) lots adjacent to Clintwood Road, any dwelling units having as attached garages shall 8/25/99 99-711 have the garage positioned such that the garage door does not face Clintwood Road. 13. The minimum setback for dwelling units on lots adjacent to Clintwood Road shall be the average setback of existing dwelling units on lots known as 3101, 3111, 3121, 3131 & 3141 Clintwood Road. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0278 In Midlothian Magisterial District, THE GROVE, L. P. requested amendment to Conditional Use Planned Development (Case 91SN0172) and amendment of zoning district map to permit a sales office in a Residential (R-9) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for low to medium density residential use of 1.51 to 4.0 units per acre. This request lies on .3 acre fronting approximately 90 feet on the south line of Hawkins Wood Circle, across from Hawkins Wood Lane. Tax ID 727-701-5746 (Sheet 5). Mr. Jacobson presented a summary of Case 99SN0278 and stated that Planning Commission and staff recommend approval subject to conditions. Ms. Ashley Harwell, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved Case 99SN0278 subject to the following conditions: This request shall be granted for a period of two (2) years from the date of approval. (P) 0 The sales office shall only be used to market the development (The Grove) in which it is located and shall not be used for the sale of lots or houses outside of the development (The Grove) in which it is located. (P) The sales office shall not be the primary real estate office for the company marketing the development. (P) 0 The sales office shall not be used as a construction office or for the storage of construction equipment and/or materials. (P) (Note: These conditions are in addition to conditions and proffered conditions of Case 91SN0172.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8/25/99 99-712 99SN0279 In Bermuda Magisterial District, CHARLES W. CLUBB requested rezoning and amendment of zoning district map from Residential (R-7) to Neighborhood Office (O-1) . The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood office use. This request lies on .3 acre known as 4001 West Hundred Road. Tax ID 790-655-7946 (Sheet 26). Mr. Jacobson presented a summary of Case 99SN0279 and stated that Planning Commission and staff recommend approval and acceptance of the proffered conditions. He further stated that the proposed development conforms to the Chester Village Plan. Mr. Charles Clubb stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0279 and accepted the following proffered conditions: Prior to 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. (T) No direct access shall be provided from the property to Route 10. (T) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey expressed appreciation for the elimination of R-7 zoning. Mr. Clubb expressed appreciation to the Board for their support of saving the older homes in the Chester area. 99SN0280 In Bermuda Magisterial District, MARK A. AND FRANCINE Y. LAN-DA requested rezoning and amendment of zoning district map from Light Industrial (I-l) and General Industrial (I-2) 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 commercial use. This request lies on 26.2 acres fronting approximately 650 feet on the north line of Ruffin Mill Road, approximately 625 feet east of Route 1-95. Tax ID 805-638-3567 and 806-640-Part of 0310 (Sheet 35). 99-713 8/25/99 Mr. Jacobson presented a summary of Case 99SN0280 and stated that Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the proposed development conforms to the Ruffin Mill Area 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 99SN0280 and accepted the following proffered conditions: Direct access to Ruffin Mill Road shall be limited to one (1) entrance/exit, located towards the western property line. The exact location of this access shall be approved by the Transportation Department. (T) o To provide an adequate roadway system, the developer shall be responsible for the following: Construction of additional pavement along Ruffin Mill Road to provide a four (4) lane divided typical section for the entire property frontage, as generally shown on the approved Walthall Intersection Reconstruction Plans (Project #7095- 020-F08, C-501), and labeled as "Ruffin Mill Road (ULT.) W.B.L."; bo Construction of additional pavement along Ruffin Mill Road at the approved access to provide left and right turn lanes; C · Full cost of signalization at the site access/Ruffin Mill Road intersection, if warranted as determined by the Transportation Department; and do Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the improvements identified above. (T) o Prior to any site plan approval, a phasing plan for the required road improvements identified in Proffered Condition 2 shall be submitted to and approved by the Transportation Department. (T) The first-story facade of any building shall not be constructed of "Dry-Vit" The first-story facades of all buildings shall be constructed of brick or other masonry material. (P) 5. The following C-5 uses shall not be permitted: a) b) Cocktail lounges and night clubs Fraternal uses 8/25/99 99-714 c) d) e) f) g) h) i) j> k) 1) Liquor stores Material reclamation, receiving centers-aluminum, glass, plastic and paper products only Tire recapping and vulcanizing establishments Fur dressing and Dyeing Linoleum, asphalt-felt based and other hard surface floor cover manufacturing. Mortician's goods manufacturing Paper recycling by the compaction method Rectifying and blending of liquors Wholesaling houses and distributors of alcoholic beverages Wine, brandy and brandy spirits manufacturing (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0293 In Midlothian Magisterial District, YOUNG BROADCASTING OF RICHMOND, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a height exception to an existing communications tower and modifications and additional antennae in Agricultural (A) and Residential (R- 7) Districts. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 15.5 acres fronting approximately 50 feet on the south line of Sesame Street and approximately 300 feet north of Koger Center Boulevard. Tax ID 743-711-5761 and 7937 (Sheet 6). Mr. Jacobson presented a summary of Case 99SN0293 and stated that Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Darrell Chaney, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. Warren, the Board approved Case 99SN0293 subject to the following conditions: Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit documentation as to whether FAA approval is required for use of or modifications to the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) o The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. Prior to site plan or building 8/25/99 99-715 o o o 7 o o permit approval, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. The tower shall not be lighted unless lighting is required by FAA. If lighted, tower lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment or ground-mounted equipment cabinets.) 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) In conjunction with the approval of this request, a 980 foot exception to the 150 foot height limitation for 99-716 8/25/99 communications towers in Agricultural (A) Districts shall be granted. (P) (NOTE: These conditions supersede conditions of approval for Case 77A026.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. There was brief discussion relative to the height of the proposed tower. 99SN0294 In Bermuda Magisterial District, DON'S TRUCKING (MONTY WOODFIN) requested rezoning and amendment of zoning district map from Agricultural (A) to General Industrial (I-2). 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 3.6 acres fronting approximately 240 feet on the south line of Coxendale Road, approximately 1,500 feet east of Route 1-95. Tax ID 802-663-Part of 1759 (Sheet 27). Mr. Jacobson presented a summary of Case 99SN0294 and stated that Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the proposed development conforms to the Eastern Area Land Use and Transportation Plan. Mr. Monty Woodfin, 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 99SN0294 and accepted the following proffered conditions: Prior to any site plan approval, thirty-five (35) feet of right-of-way on the south side of Coxendale Road, measured from the center line of that part of Coxendale Road immediately adjacent to the property, shall be dedicated, free and unrestricted to and for the benefit of Chesterfield County. (T) o No direct access shall be provided from the property to Coxendale Road. (T) o For any structure requiring wastewater service the public wastewater system shall be used. (U) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-717 8/25/99 99SN0296 In Matoaca Magisterial. District, GORDON M. BOWERS AND CHESTERFIELD COUNTY BOARD OF SUPERVISORS requested rezoning and amendment of zoning district map from Residential (R-7) to Light Industrial (I-l) of 1.6 acres with Conditional Use Planned Development to permit setback and use exceptions plus amendment to Special Exception (Case 80A162) to delete a requirement to maintain trees surrounding a water tower. 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 2.9 acres fronting approximately 380 feet on the south line of Landfill Drive, approximately 500 feet west of Iron Bridge Road. Tax ID 773-656-5035 (Sheet 25). Mr. Jacobson presented a summary of Case 99SN0296 and stated that Planning Commission and staff recommend approval subject to conditions. He further stated that the proposed development conforms to the Central Area Plan. Mr. Andy Scherzer, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, Mrs. Humphrey made a motion, seconded by Mr. McHale, for the Board to approve Case 99SN0296 subject to conditions. There was brief discussion relative to the reason for the County being listed as one of the applicants. Mr. Daniel called for a vote on the motion made by Mrs. Humphrey, seconded by Mr. McHale, for the Board to approve Case 99SN0296 subject to the following conditions: CONDITIONS FOR THE I-1 TRACT Occupants of the dwelling unit shall be limited to the owner/operator or employee of the business located on the property. Provided, however, that the immediate family members of the owner/operator or employee may also reside in the dwelling only if the owner/operator or employee also resides in the dwelling. (P) 0 With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. (EE) In conjunction with the granting of this request, an exception to the side yard setback requirement adjacent to that portion of the request property occupied by the water tower (that portion of the property remaining zoned 8/25/99 99-718 R-7) shall be granted to allow a two (2) foot setback. With the reduction of the setback, there shall be no loading or other type doors located on the building facade closest to the property line. Landscaping shall not be required within a setback less than ten (10) feet. (P CONDITION FOR THE I-1 AND R-7 TRACTS With the approval of this request, the requirement to maintain trees other than those necessary for the construction of the water storage tank per Case 80A162 shall be deleted for the I-1 tract only. (P) (NOTE: This condition modifies the condition of Case 80A162. The condition of case 80A162 remains in effect for the R-7 tract.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0302 In Clover Hill Magisterial District, TRITON PCS, INC. requested amendment to Conditional Use Planned Development (Case 85S076) and amendment of zoning district map to permit a communications tower in a Corporate Office (0-2) District. A communications tower attached to an existing building 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 office use. This request lies on 7.9 acres known as 300 Arboretum Place. Tax ID 753-704-9059 (Sheets 6 and 7). Mr. Jacobson presented a summary of Case 99SN0302 and stated that Planning Commission and staff recommend approval subject to conditions. He further stated that the proposed request conforms to the siting criteria for towers. Mr. Brennen Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved Case 99SN0302 subject to the following conditions: 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, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) o The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, 8/25/99 99-719 the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The communications tower and associated equipment shall comply with Section 19-138 (h) of the Zoning Ordinance. The exact treatment shall be approved by the Planning Department. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0310 In Bermuda Magisterial District, CHESTERFIELD COUNTY POLICE DEPARTMENT requested amendment to Conditional Use Planned Development (Case 97SN0150) and amendment of zoning district map relative to hours of operation for a police station. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood commercial use. This request lies in a Neighborhood Business (C-2) District on 2.2 acres, fronting approximately 400 feet on the north line of West Hundred Road, approximately 450 feet west of Rock Hill Road. Tax ID 797-655-Part of 3207 (Sheet 26) . Mr. Jacobson presented a summary of Case 99SN0310 and stated that Planning Commission and staff recommend approval subject to one condition. Commander Louis Moore, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mr. Warren, the Board approved Case 99SN0310 subject to the following condition: Any police district station located on the Property may remain open to the public twenty-four (24) hours per day. (P) 99-720 8/25/99 (NOTE: This condition is in addition to Proffered Condition 17 of Case 97SN0150 relative to hours of operation for the request site only. The hours of operation limitations would continue to be applicable to other uses on the request site as well as the remaining part of the property which was included in the original zoning.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel requested a two minute recess. Reconvening: Mr. Ramsey commended the Police Department for negotiating a successful hostage release earlier today. Captain David Hope stated that the fortunate to be able to control the their plan. Police Department was situation according to 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 99SN0194 (Amended) In Matoaca Magisterial District, DAVID GREGORY, TRITON PCS, INC. AND JOHN BRENKUS, TRITON PCS, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A} District. A 199 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 49.8 acres fronting approximately 150 feet on the north line of Woolridge Road, approximately 2,250 feet northeast of Otterdale Road. Tax ID 709-677-3264, 709-676-6590 and 9324 and 709-678-5743 (Sheet 19). Mr. Jacobson presented a summary of Case 99SN0194 and stated that, when a communications tower is proposed in a future planned residential area, staff looks for sites which will minimize the view from the public road; be located on the edge of future developments; and maintain a one hundred foot minimum buffer. He further stated that the proposed site meets the criteria and that Planning Commission and staff recommend approval subject to conditions and acceptance of one proffered condition. He stated that a number of other sites were investigated for the proposed tower and noted that there was opposition to each of the other sites. Mr. Brennen Keene, representing the applicant, stated that when the request was first filed in 1998, the proposed tower site was approximately six hundred feet off of Woolridge Road. He 8/25/99 99-721 further stated that, at the public hearing held by the Planning Commission in January 1999, considerable citizen concerns were raised and there was a lack of staff support. He stated that a number of sites were investigated and that the new site chosen is located at the edge of a Resource Protection Area with a buffer of trees and is approximately two thousand feet off of Woolridge Road -- more than what is required by the County's policy for tower sites. He further stated that all adjacent landowners and citizens who had signed a petition in opposition to the proposed tower were invited to a balloon testing on the site as well as a meeting and stated that the majority of the citizens who attended the balloon test and meeting agreed that the proposed site would be the best location for the tower. He stated that the Planning Commission recommended approval, finding that the proposed communications tower is in accord with the County's comprehensive plan and requested that the Board approve the proposed request. David Duval, Esquire, representing Mr. Frank Mast, property owner directly in front of the proposed tower site, presented the Board with photographs of the balloon test that was performed on August 23, 1999 and a sketch highlighting the location of Mr. Mast's home, the location of the proposed tower site, and an alternate location where a balloon test was conducted. He requested that the tower site be relocated approximately three hundred feet to the west of the currently proposed site in an effort to lessen the impact of the tower's visibility from Mr. Mast's home. He stated that moving the location of the tower will not affect the ability to co-locate other users nor the coverage area. He further stated that there is no citizen opposition to the alternative location and requested that the Board either approve the alternate site for the tower or defer the proposed request to allow for discussion of other alternatives with the applicant. Mr. Keene stated that, during the balloon test, the trees lining Mr. Mast's driveway shielded the view of the balloon and that, since the proposed tower site is located at the edge of a Resource Protection Area, the elevation is lower and, therefore, it will be more difficult, if not impossible, for the proposed tower to be seen from Mr. Mast's home. He requested that the Board approve the proposed site. There was brief discussion relative to the location from which the balloon test pictures were taken. There being no one else to speak to the Case, the public hearing was closed. Mrs. Humphrey stated that she attended the balloon test for three different locations for the proposed tower on August 23, 1999. She further stated she feels the landowners' requests have been reasonable and expressed concerns relative to the impact of the proposed tower site on adjacent landowners. She questioned the possibility of reducing the tower height to lessen the impact of the proposed tower on Mr. Mast's home. 99-722 8/25/99 Mr. Keene stated that the applicant is requesting the 199 foot height requirement due to County policy not supporting a second tower in close vicinity to the proposed tower and the desire to accommodate co-location. He further stated that the applicant desires to insure co-location opportunities to alleviate citizens' concerns relative to the possibility of a second tower. There was brief discussion relative to a decrease in the height of the proposed tower. Mr. Barber questioned the applicant's preference to the options of moving the proposed tower site three hundred feet or reducing the height of the proposed tower. Mr. Keene stated that moving the proposed tower three hundred feet is not an option due to the applicant only having a lease for the proposed site. He further stated that the applicant would prefer a shorter tower at this point. There was brief discussion relative to the possibility of siting the tower on the alternative site suggested by Mr. Duval. Mr. Warren expressed concerns relative to moving the tower site due to the possibility of more opposition than currently exists. He stated that, since the Planning Commission approved the proposed request and the tower is in conformance with County policy, he could support the request as proposed. Mr. Daniel stated that the Board should closely follow ordinances when approving tower sites and that he feels there are opportunities for the County to help relieve the impact of towers on residents. Mrs. Humphrey requested that Condition 2 be amended to restrict the tower to a maximum height of 184 feet. There was brief discussion relative to height requirements for co-locating and spacing of additional towers. Mrs. Humphrey made a motion for the Board to approve Case 99SN0194 subject to conditions, including an amendment to Condition 2 restricting the tower to a maximum height of 184 feet, and acceptance of one proffered condition. Mr. McHale seconded the motion. Mr. Daniel called for a vote on the motion made by Mrs. Humphrey, seconded by Mr. McHale, for the Board to approve Case 99SN0194 subject to the following conditions: The communications tower shall be located as generally depicted on the plan entitled ~Triton PCS, Inc.: RI-i- 088E--Lacy Property II, 6250 Woolridge Road, Moseley, Virginia" dated 2-22-99 and last revised 3-12-99. (P) 99-723 8/25/99 o o o 0 0 The tower shall be restricted to a maximum height of 184 feet. (P & BOS) There shall be no signs permitted to identify this use. 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 the final site plan review. (P) In conjunction with site plan submission, the Owner/Developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the Owner/Developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronic staff. (GS) The Owner/Development shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronic staff. (GS) The treatment, color, lighting system and design of the tower shall be as follows: (a) The tower shall be gray or another neutral color, acceptable to the Planning Department. (b) The tower shall not be lighted unless lighting is required by the FAA. If lighted, the 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. (c) The tower shall be of a monopole design. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 99-724 10. With the exception of the tower and antenna or other tower-mounted equipment, any buildings and/or mechanical equipment shall comply with Sections 19-570 (b) and(c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment or ground-mounted equipment.) 11. A minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Except for access and utilities, which may be extended generally perpendicular through this buffer, existing healthy trees 2.5 inches in caliper or greater within this buffer shall be preserved and maintained. Existing trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way. Additional planting shall consist of trees of species having an average minimum mature crown spread of thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve a minimum density of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) 12. 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) 13. In conjunction with the approval of this request, a forty- nine (49) foot exception to the 150 foot height limitation shall be granted. (P) And, further, the Board accepted the following proffered condition: Except as provided herein, if requested by any County fire or safety agency or by any non-commercial fire and/or rescue squad station located within the County which could be served by the proposed communication tower, the Applicants shall permit such agency or station to install its communications equipment on the tower without charge. Notwithstanding the foregoing, the Applicants shall not be required to provide such space to such agency or station if the Applicants submit an engineering study to the Planning Department confirming that (i) the tower cannot structurally support the agency's or station's equipment, taking into account existing equipment on the tower, equipment that the Applicants are committed to install on the tower, and other relevant factors, including space on the ground for equipment that supports tower-mounted equipment, or (ii) the tower cannot accommodate the agency's or station's equipment 99-725 because of technical constraints due to potential frequency interference between the agency's or stations equipment and equipment installed or to be installed on the tower. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16. PUBLIC HEARINGS 16.A. TO CONSIDER ADOPTING A "NO-WAKE" REQUIREMENT FOR A PORTION OF LAKE CHESDIN Mrs. Humphrey stated that Mr. Martin McNulty has requested to withdraw his request for a ~'no-wake" zone on Lake Chesdin. Mrs. Humphrey then made a motion to withdraw the public hearing to consider adopting a '~no-wake" requirement for a portion of Lake Chesdin. Mr. McHale seconded the motion. There was no one present to speak to the withdrawal of the public hearing. Mr. Daniel called for a vote on the motion made by Mrs. Humphrey, seconded by Mr. McHale, for the Board to withdraw the public hearing to consider adopting a ~no-wake" requirement for a portion of Lake Chesdin. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.B. TO CONSIDER AN AMENDMENT TO THE ETTRICK VILLAGE PLAN AND RELATED CODE AMENDMENT TO ALLOW SINGLE FAMILY DWELLINGS IN THE ETTRICK BUSINESS CORE Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider an amendment to The Ettrick Village Plan and related Code amendment to allow single family dwellings in the Ettrick Business Core. There was no one present to speak to the issue. Mrs. Humphrey expressed appreciation to County staff for their efforts towards reevaluation of land use issues in the Matoaca District. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to amend The Ettrick Village Plan to allow single family dwellings in the Ettrick Business Core. (It is noted a copy of the amendment is filed with the papers of this Board.) And, further, the Board adopted the following ordinance: 99-726 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 19-144 RELATING TO THE ETTRICK BUSINESS CORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-144 of the Code of the County of Chesterfield, 1997, as amended, is amended and reenacted to read as follows: Sec. 19-144 Permitted uses by right. Within any C-1 District, no buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: (a) (b) (c) (d) (e) (f) (h) (±) (k) (1) (m) (n) (o) (P) (q) (r) (s) (t) (u) (v) (w) (x) Access to any land located in an agricultural, office, business or industrial district or access to any land used for agricultural office or industrial purposes. Bakery goods store. Banks and savings and loan associations with or without drive-in windows. Barber or beauty shop. Book, stationery, newspaper or magazine store. Brokerage. Camera store. Candy store. Commercial parking lots within the Ettrick Business core. Convenience store. Drugstore/pharmacy. Dry cleaning, pick-up and drop-off; coin-operated dry cleaning; pressing; laundry and laundromat; not to include dry cleaning plants. Dwellings, single family within the Ettrick Business Core. Florist shop. Grocery store. Hardware store. Nursery schools and child or adult care centers and kindergartens. Offices. Restaurants, not including fast food or carry-out restaurants. Shoe repair shop. Shopping centers. Tailoring and dressmaking shops. Underground utility uses when such uses are located in easements or in public road rights-of-way, except as provided in section 19-145(a). Video rental and sales store. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-727 16.C. TO CONSIDER ECONOMIC INDUCEMENT AGREEMENT WITH ABB POWER GENERATION, INCORPORATED Ms. Susan Deusebio, Business Development Representative of the Economic Development Department, stated that this date and time has been advertised for a public hearing to consider an economic inducement agreement with ABB Power Generation, Incorporated. She further stated that the ABB project represents an excellent economic development opportunity for the County. Mr. Walter Marsh expressed concerns relative to taxpayer dollars being given to a specific business. He stated that he feels the inducement agreement process is unfair and that businesses should be given tax breaks equally. There being no one else to speak to the issue, the public hearing was closed. Mr. Daniel stated that the current economic inducement agreement policy has been in place since the 1980's and provides an opportunity to relieve some of the burden on businesses provided that the net effect is all recovered within three years. After brief discussion, Mr. Warren made a motion for the Board to approve and authorize the execution of an economic inducement agreement with ABB Power Generation, Incorporated. Mr. McHale seconded the motion. He stated that he feels the County should invest in existing businesses who wish to expand their presence and create job opportunities. Mr. Warren stated that the President of ABB indicated the quality of life in Chesterfield as the reason for expanding operations in the County. Mr. Daniel called for a vote on the motion made by Mr. Warren, seconded by Mr. McHale, for the Board to approve and authorize the execution of an economic inducement agreement with ABB Power Generation, Incorporated. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16 .D. TO CONSIDER A ZONING ORDINANCE AMENDMRNT RELATIVE TO PUBLIC PARKS IN INDUSTRIAL DISTRICTS Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider a zoning ordinance amendment relative to public parks in Industrial Districts. Mr. Walter Marsh expressed concerns relative to the possibility of loss of value of industrial property due to the buffering requirement for parks. 99-728 Mr. Jacobson stated that the proposed ordinance will correct the issue raised by Mr. Marsh by eliminating the necessity for rezoning industrial property for public parks and thereby eliminating buffering requirements. There being no one else to speak to the ordinance, the public hearing was closed. Mrs. Humphrey made a motion for the Board to adopt an ordinance amendment relative to public parks in industrial districts. Mr. McHale seconded the motion. He stated that the Friends of the Chesterfield Riverfront are encouraging major industrial landowners to consider allowing public access and that he feels adoption of the proposed ordinance will increase opportunities for access to the river. Mr. Barber expressed concerns relative to recreational development becoming an impediment to industrial development. Mr. Daniel expressed concerns relative to the Board maintaining its long term strategy with future requests for public parks in industrial districts. Mr. Daniel then called for a vote on the motion made by Mrs. Humphrey, 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 19-180 RELATING TO LIGHT INDUSTRIAL DISTRICT PERMITTED USES BY RIGHT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-180 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-180. Permitted uses by right. Within any I-1 District, no buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: o o o (mm) Publicly operated parks, fields, including their facilities. playgrounds and athletic customary buildings and (nn) Rectifying and blending liquors. (oo) Recycling and processing of any material permitted to be manufactured in this district. 99-729 (pp) Roasting coffee, manufacturing. (qq) Spices, flavor manufacturing. (rr) Toys, amusement, manufacturing. (ss) Tool and equipment rental. coffee products and extracts and flavor sporting and athletic tea syrups goods (tt) Umbrellas, parasols and canes manufacturing. (uu) Underground utility uses, except as provided in section 19-181(d), when such uses are located in easements or public road rights-of-way. (vv) Warehouses. (ww) Watch and clock manufacturing. (xx) Wholesaling houses and distributors. (yy) Wine, brandy and brandy spirits manufacturing. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16 .E. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE WINTERPOC~ FIRE STATION AND AUTHORIZATION TO ENTER AND TA~E SUCH PROPERTY PRIOR TO EMINENT DOMAIN PROCEEDINGS Mr. Harmon 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 for the Winterpock Fire Station and authorization to enter and take such property prior to eminent domain proceedings. He further stated that the subject property is part of an estate and staff is negotiating with the known heirs but have been unable to locate all of the heirs. There was no one present to speak to the issue. Mrs. Humphrey stated that, due to the property being part of an estate, the exercise of eminent domain represents the County's only means of acquisition. She questioned the need to amend the County's land use plan to allow for the fire station. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve the exercise of eminent domain for the acquisition of a parcel of land for the Winterpock Fire Station and authorize staff to enter and take such property prior to eminent domain proceedings. 99-730 Mr. Daniel suggested that, in the future, the Board not place any proposed development on the bond referendum without first having an approved site. Mr. Daniel called for a vote on the motion made by Mrs. Humphrey, seconded by Mr. McHale, for the Board to approve the exercise of eminent domain for the acquisition of a parcel of land for the Winterpock Fire Station and authorize staff to enter and take such property prior to eminent domain proceedings. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 18. ADJOURNMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 9:10 p.m. until September 1, 1999 at 4:00 p.m. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. ~a~e B. Ramsey / County Administrator~ 99-731