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10-13-99 MinutesBOARD OF SUPERVISORS MINUTES October 13, 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: Mr. Craig Bryant, Dir., Utilities Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Mr. William D. Dupler, Building Official Ms. Lisa Elko, Clerk Ms. Karla J. Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs Mr Louis Lassiter, Dir., Internal Audit Ms Mary Lou Lyle, Dir., Accounting Mr R. John McCracken, Dir., Transportation Lt Col. Dennis McDonald, Police Department Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr Richard A. Nunnally, Extension Agent Mr Francis Pitaro, Dir., General Services Deputy Chief Paul Shorter Fire Department Ms. Cynthia Smith, Asst. Risk Manager Ms. Sarah Snead, Dir. Social Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Daniel called the regularly scheduled meeting to order at 3:05 p.m. 99-782 1. APPROVAL OF MINUTES 1.a. FOR SEPTEMBER 1, 1999 On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the minutes of September 1, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 1.b. FOR SEPTEMBER 8, 1999 On motion of Mr. Barber, seconded by Mr. Warren, the Board approved the minutes of September 8, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Ms. Beth Davis, Dale District School Board representative and Executive Director of the Maggie Walker High School Renovation Foundation, to make a presentation to the Board relative to the County's role in the Governor's School. Ms. Davis reviewed the history of the Governor's School currently located at Thomas Jefferson High School and stated that enrollment has been capped due to space limitations. She reviewed alternative locations considered by the site selection committee and stated that, after being approached by Richmond City administration and City Council members and after conducting a feasibility study, the committee chose the abandoned Maggie Walker High School as the site for the new Governor's School. She reviewed necessary funding for the $18.9 million renovations including $8 million in state and federal tax credits and $6.65 million in commitments towards debt service from the thirteen participating localities. She stated that the remainder of the necessary funding will be raised through private fund raising. There was brief discussion relative to the commitment by Richmond City Council to site the Governor's School in the abandoned Maggie Walker High School; the anticipated date for occupancy; and the process for transferring the deed. Mr. Ramsey introduced Ms. Lynda Price, Emergency Services Coordinator, to make a presentation to the Board. Ms. Price presented an overview of the operations of the Emergency Operations Center during Hurricane Floyd and stated that the center handled such problems as flooding, down trees and power lines caused by high winds and sheltering of citizens. She stated that currently over $425,000 in expenses and damages have been incurred by the County because of the storm. She further stated that a problem also occurred the week following the storm at the Appomattox Water Authority. Mr. Warren stated that he feels the County's legislators should be briefed on the situation relative to damages in the County. 10/13/99 99-783 Mrs. Humphrey expressed concerns relative to repeated power outages in the same areas of the County and the inability to provide a shelter in the Ettrick/Matoaca area because of the repeated outages. She requested that Mr. Ramsey meet with officials from Virginia Power to discuss options for power lines in areas having repeated power outages. Mr. Daniel requested that the power needs of the entire County, including resources for operating water plants and options for the areas with a high probability of power loss, be addressed with Virginia Power. 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CF~NGES IN T~R ORDER OF PRESENTATION On motion of Mr. Daniel, seconded by Mr. McHale, the Board deleted Item 8.C.l.b., Resolution Supporting Virginia Commonwealth University's Indigent Care Mission; added Item 8.C.l.g., Resolution Recognizir~ the Late Officer Craig W. Rath as a ~Friend of Chesterfield County;" moved Item 11., Closed Session Pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as Amended, to Discuss Probable Litigation Requiring Legal Advice by Counsel Involving a Claim for $600,000 by Carlos Brown, to follow Item 8.C.24., Refer Zoning Ordinance Amendment Relating to Residential Uses in C-3, C-4 and C-5 Districts to Planning Commission and Set Date for Public Hearing; replaced Item 15.D., Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout; and adopted the Agenda, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5,A, RECOGNIZING OCTOBER 1999 AS '~QUALITY MONTH" Mrs. Sharon Randol, Quality Coordinator, introduced Mr. Victor Gray, Vice Chairman of the Richmond Chapter of the American Society for Quality (ASQ) and Ms. Virginia Adkins, President of the Richmond Association for Quality and Participation (AQP). On motion of the Board, the following resolution was adopted: WHEREAS, a commitment to excellence in manufacturing, service, and government is essential to our nation's well- being; and WHEREAS, over the years, Virginians have shown great personal pride and interest in developing quality goods and services and in promoting a high standard of excellence in both the public and private sectors; and WHEREAS, from the smallest to largest manufacturing service organizations in the Commonwealth of Virginia, quality is a major concern; and 99-784 WHEREAS, the individual workers, business leaders, educators, and government officials must work together to promote excellence in the public and private sectors; and WHEREAS, in February 1~92, the Chesterfield County Board of Supervisors directed the County Administrator to develop and initiate an ongoing total quality improvement effort aimed at reinventing the way Chesterfield County government services its customers; and WHEREAS, many County employees have already joined the ranks of those in the private sector who are applying quality improvement tools and training in the workplace; and WHEREAS, Chesterfield County has developed ongoing partnerships with quality leaders in the private sector; and WHEREAS, Chesterfield County has distinguished itself as a leader in quality and productivity as evidenced by the receipt of the 1998 Award for Continuing Excellence; and WHEREAS, the Richmond Chapter of the American Society for Quality, and the Richmond Association of Quality and Participation, have proviued leadership, programs and networking opportunities in the Greater Richmond area which have been beneficial to both the public and private sectors. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 1999 as "Quality Month" in Chesterfield County and calls its significance to the attention of all its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented executed resolutions to Mr. Gray and Ms. Adkins and acknowledged the importance of quality controlled processes. Ms. Adkins expressed appreciation to the Board for the recognition. Mr. Gray expressed appreciation to the Board for the recognition and commended the County for its efforts towards quality. Mrs. Randol presented a certificate of recognition for Quality Month in the Commonwealth of Virginia received by the County from Governor Gilmore to Mr. Ramsey. 5.Bo RECOGNIZING RICHMOND ASSOCIATION OF REALTORS' 125TH BIRTHDAY Mr. Kappel introduced Ms. Laura Dillard Lafayette and Mr. David Jefferson with the Richmond Association of Realtors who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Richmond established in 1874; and Association of Realtors was WHEREAS, the Richmond Association of Realtors has a long history of active community involvement; and 99-785 i0/13/99 WHEREAS, the association is recruiting mentors to work in the schools in both the City of Richmond and Chesterfield County; and WHEREAS, approximately seventy volunteers will each share an hour per week with a student who needs the attention of a caring adult; and WHEREAS, this mentorship program is an excellent example of community pride and commitment; and WHEREAS, it is noteworthy for an organization such as the Richmond Association of Realtors to celebrate its birthday by giving of itself to the communities in which it works. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Richmond Association of Realtors and congratulates the association on its 125th birthday, commends its members on their commitment to the youth of Richmond and Chesterfield County and extends best wishes for continued success and many more years of service to the region. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Ms. Lafayette and Mr. Jefferson and commended the organization for its accomplishments. Mr. Jefferson expressed appreciation to the Board for the recognition. 5oC. RECOGNIZING MS. NANCY CARTER CRUMP FOR HER SERVICE TO THE CHESTERFIELD COUNTY HISTORICAL SOCIETY Mr. Hammer introduced Ms. Nancy Carter Crump who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Nancy Carter Crump served as the Executive Director, Chesterfield Historical Society for nearly six years; and WHEREAS, under her direction, the historic Magnolia Grange was extensively stabilized and renovated; and WHEREAS, Ms. Crump was responsible for the careful and deliberate restoration of the --first floor of the Historic 1917 Courthouse; and WHEREAS, under her direction, the County Museum was reconfigured and modernized, and the gift shop became viable; and WHEREAS, Ms. Crump began the popular Lunchtime Lecture Series and other successful programs and events; and WHEREAS, Ms. Crump was instrumental in the creation and success of major, ongoing efforts, including the County's 250th anniversary, an intern program and more. o/ 3/99 99-786 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Nancy Carter Crump and expresses its appreciation for her vision, outstanding and dedicated service, and her pursuit of excellence on behalf of all Chesterfield County residents and others who will enjoy and benefit from the work she has done to preserve our history, and wishes her well in her future endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Crump and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Ms. Crump, accompanied by her husband and several members of the Historical Society, and expressed appreciation for her dedicated service. Ms. Crump expressed appreciation recognition. to the Board for the 5.D. RECOGNIZING YVETTE RIDLEY FOR OUTSTANDING Hb-MANITARIAN VOLUNTARISM Mr. Hammer introduced Ms. Yvette Ridley who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Yvette B. Ridley has given unselfishly of her time and talents to the youth of Chesterfield County as professor and Chair of Psychology at John Tyler Community College; and WHEREAS, Mrs. Ridley has served children and families as Chairman, Screening Committee of the Children's Home of Virginia Baptist Board from 1975-1995; and WHEREAS, Mrs. Ridley served those in need on the Chesterfield Human Services Coalition from 1990-1992 and as a member and Chair of the County Community Services Board; and WHEREAS, Mrs. Ridley served families for many years in the Chesterfield/Colonial Heights Christmas Mother Program, and was chosen as Christmas Mother in 1987; and WHEREAS, Mrs. Ridley represented the interests of Chesterfield's senior citizens on the Capital Area Agency on Aging Board from 1989-1995 and also received the Westminster Canterbury Award for Service to Seniors in 1997; and WHEREAS, Mrs. Ridley devoted her talents to serving as Chair of the Domestic Violence Committee of CARES, an emergency shelter for the homeless, from 1990 to the present; and WHEREAS, in all these endeavors, Mrs. Ridley has personified the caring, commitment and concern for others that mark an exemplary humanitarian. 99-787 10/13/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby publicly recognizes Mrs. Yvette B. Ridley and expresses its gratitude for nearly three decades of devotion to Chesterfield County and the region in a wide range of Human Services programs, wishes her well on her upcoming relocation to Florida and commends her for setting the standard for outstanding humanitarian voluntarism, which will long be her legacy. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Ridley and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel, accompanied by Mrs. Humphrey, presented the executed resolution to Mrs. Ridley, accompanied by several friends, and expressed appreciation for her many years of devotion and commitment to human services programs in the County. Mrs. Ridley expressed appreciation to the Board for the recognition. 6. WORK SESSIONS DISCUSSION OF BACKGROUND CHECKS FOR CERTAIN EMPLOYEES AND VOLUNTEERS Mr. Micas presented an overview of employee background checks currently conducted by the County and databases available for search including the Central Criminal Records Exchange (CCRE); the Sex Offender and Crimes Against Minors Registry; and the Child Protective Services Central Registry. He reviewed categories of people subject to database searches under the proposed ordinance including existing employees and applicants who provide services to juveniles; County volunteers who provide services to juveniles; non-County volunteers with organizations who are "co-sponsored" by the County on a random basis for organizations that choose to participate; Fire Department applicants for firefighters/EMS and volunteers; and employee groups already being searched. He reviewed the effects of the recommended ordinance including ~'positive" responses for current employees; employee resistance to signing a release; impact on volunteers; likelihood of incomplete sample; and the possibility of legislative changes. He then reviewed the potential cost of approving the ordinance as proposed including a combined direct cost of $30.00 per person; $83,700 estimated first year costs; and subsequent year costs estimated at $48,000. He stated that co-sponsored organizations who request data base searches would be required to pay for the searches under the proposed ordinance and estimated the annual cost for these organizations to be $ 8,000. There was brief discussion relative to consequences for refusal to sign a release for employees as well as volunteers and the possibility of the County paying for database searches for volunteers with co-sponsored organizations. Mr. Ramsey stated that, if the County were to pay for the searches of volunteers with co-sponsored organizations, then all organizations would be required to participate as a condition to co-sponsorship. 99-788 Mr. McHale stated that he feels a public hearing on the issue is necessary and that the organizations should not be burdened with the cost of database searches. There was brief discussion relative to an appeal process for an individual who receives an unfavorable database search. Mr. Daniel requested that an appeal process be added to the proposed ordinance prior to the date of the public hearing. There was brief discussion relative to the motivation behind the work session and proposed ordinance. Mr. Barber expressed concerns relative to the potential cost to the County for database searches of employees when no incidences have occurred to warrant the searches. He further expressed concerns relative to funding searches for co- sponsored organizations and questioned the County's responsibility to these organizations. Mr. Ramsey stated that he recommends consideration of the proposed ordinance as an extra step to relieve a potential problem. Mr. Warren stated that he supports a public hearing on the issue and expressed concerns relative to inclusion of volunteers of private organizations. Mrs. Humphrey stated that she has had requests from two little league organizations expressing an interest in background checks of volunteers. She further stated that she feels the Board members should also be prepared to submit to database searches if County employees are required to do so. 7. DEFERRED ITEMS There were no deferred items at this time. 8. A. APPOINTMENTS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Board of Building Code Appeals, the Disability Services Board, the Personnel Appeals Board and the Greater Richmond Transit Company. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.1. BOARD OF BUILDING CODE APPEALS On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. James Snowa, representing the Midlothian District, to serve on the Board of Building Code Appeals, whose term is effective immediately and will expire June 30, 2001. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-789 lo/13/99 8.A.2. DISABILITY SERVICES BOARD On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board simultaneously nominated/appointed Ms. Sue Golden, representing the Midlothian District and Ms. Janice Johnson, representing the Matoaca District, to serve on the Disability Services Board, whose terms are effective immediately and will expire December 31, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.3. PERSONNEL APPEALS BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Ms. Chris Zitzow, representing the County at-large, to serve on the Personnel Appeals Board, whose term is effective immediately and will expire December 31, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.4. GREATER RIC~IMOND TRANSIT COMPANY After brief discussion relative to the County's appointees being aware of the County's position regarding mass transit, Mrs. Humphrey made a motion, seconded by Mr. McHale, for the Board to simultaneously nominate/reappoint Mr. David W. Mathews, Mr. Daniel K. Smith and Mr. S. Joseph Ward, representing the County at-large, to serve on the Greater Richmond Transit Company (GRTC) Board of Directors, representing the County at-large, whose terms are effective October 20, 1999 and expire October 19, 2000. And, further, the Board authorized the County Administrator, or his designee, to appear at the October 20, 1999 GRTC annual meeting to vote, on behalf of the County, for the GRTC Directors appointed by the Board and by the Richmond City Council. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.B. STREETLIG~T INSTALLATION COST APPROVALS On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the following streetlight installation cost approvals: Dale District * Bryanwood Road, midway between Daleshire Drive and Dalebrook Drive, Meadowdale Subdivision Cost to install light: $365.54 * Daleshire Drive, vicinity of 5407, Meadowdale Subdivision Cost to install light: $270.28 99-790 * Claudehart Road, vicinity of 6325, Meadowdale Subdivision Cost to install light: $317.59 * Irongate Road and Turngate Road, Irongate Subdivision Cost to install light: $4,200.73 Matoaca District * Passaic Avenue and Sonnenburg Drive, Mistwood Forest Additional cost to install light: $588.61 * Eagle Rock Avenue and Mistwood Forest Drive (North intersection), Mistwood Forest Additional cost to install light: $63.12 Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING MR, ARTHUR L. LIMERICK, GENERAL SERVICES, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mr. Arthur Limerick retired on October 1, 1999, after providing twenty-one years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Limerick began his service in July 1978 as a laborer in the Department of General Services' Buildings and Grounds Division; and WHEREAS, Mr. Limerick has seen the County's physical plant grow from one hundred thousand square feet to over one million square feet and fifty-five buildings; and WHEREAS, Mr. Limerick performed his duties and responsibilities in a dependable manner after responding to emergencies after normal work hours and on weekends; and WHEREAS, Mr. Limerick 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. Limerick is known for his friendly, easy going manner and his ability to get along with his fellow workers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Arthur L. Limerick and extends their appreciation for his twenty-one years of dedicated service to the County, their congratulations 99-791 0/ 3/99 upon his retirement, and their best wishes for a long and happy retirement. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.i.c. RECOGNIZING OCTOBER 13, 1999 AS ~'SAVE DAY IN CHESTERFIELD COUNTY~' On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, violence is among the leading causes of death in America, and has replaced disease as the number one killer of children; and WHEREAS, domestic violence has devastating effects on a woman's physical and emotional well-being, and her ability to care for her children; and WHEREAS, violence comes in many forms; sexual violence; gang and peer-related violence committed by youth of all ages; family violence; street violence; and violence in the media; and WHEREAS, billions of dollars per year are attributable to preventable violence-related deaths and injuries and add a tremendous burden to America's health care system; and WHEREAS, the first step toward unraveling the many layers of our nation's violence problems can begin with awareness; and WHEREAS, awareness and prevention are the heart of the SAVE Program and of its cornerstone event, SAVE Today for Tomorrow, during which physicians' spouses across the country will join efforts to Stop America's Violence Everywhere (SAVE); and WHEREAS, members of the Richmond Academy of Medicine Alliance, Incorporated will lead the effort to urge local citizens to search for ways we can all help Save (Stop America's Violence Everywhere); NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 13, 1999 as "Save Day in Chesterfield County" Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.l.d. SUPPORTING LAW ENFORCEMENT OFFICERS RETIREMENT SYSTEM (LEOS) BENEFITS FOR RIVERSIDE REGIONAL JAIL AUTHORITY On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the 1999 Virginia General Assembly enacted legislation allowing the Superintendent and sworn jail officers of regional jails to participate in the Law Enforcement Officers Retirement (LEOS) system of benefits available to state police officers, state correctional officers and sheriffs' deputies in those jurisdictions which have chosen to participate in such program; and 10/13/99 99-792 WHEREAS, the Riverside Regional Jail Authority voted at its meeting of August 26, 1999 to include the Superintendent and sworn officers in such program in order to remain competitive in the hiring and retention of employees, subject to the approval by each of the governing bodies participating in the jail authority; and WHEREAS, the Riverside Regional Jail Authority requests each of the governing bodies to adopt this resolution authorizing such participation. NOW, THEREFORE BE IT RESOLVED, that Chesterfield County, a political subdivision which is a member of the Riverside Regional Jail Authority, acting by and through its governing body, does hereby concur that the Riverside Regional Jail Authority, participating in the Virginia Retirement System under Title 51.1, Chapter 1, Article 5 of the Code of Virginia, as amended, may elect to have such employees of the Jail who are employed in positions as full time salaried Jail Superintendents and Jail Officers and whose tenure is not restricted as to temporary or provisional appointment, become eligible, effective November 1, 1999 or as soon thereafter as approval is received from each of the governing bodies of the participating jurisdictions, to be provided benefits in the Virginia Retirement System equivalent to those provided for State Police officers of the Department of State Police, state correctional officers and sheriff's deputies in those jurisdictions which have chosen to participate in such program, as set out in Section 51.1-138 of the Code of Virginia, in lieu of the benefits that would otherwise be provided as such Code has been or may be amended from time to time. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.l.e. APPROVING THE HOTEL TAX PAYMENT AGREEMENT AND INTERLOCAL AGREEMENT TO SUPPORT THE RICHMOND CONVENTION CENTER FINANCING On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: RESOLUTION APPROVING THE FORMS OF A HOTEL TAX PAYMENT AGREEMENT AND AN INTERLOCAL AGREEMENT, BOTH PREPARED IN CONNECTION WITH A FINANCING TO BE UNDERTAKEN BY THE GREATER RICHMOND CONVENTION CENTER AUTHORITY, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH DOCUMENTS WHEREAS, pursuant to the Public Recreational Facilities Authorities Act (Chapter 56, Title 15.2, Code of Virginia of 1950, as amended), the City of Richmond, Virginia, and the Counties of Chesterfield, Hanover and Henrico, Virginia (each a "Participating Jurisdiction" and collectively, the "Participating Jurisdictions") have created the Greater Richmond Convention Center Authority (the "Authority") for, among others, the purpose of owning and operating the Greater Richmond Convention Center (the "Center") located in the City of Richmond; WHEREAS, pursuant to the terms of an Indenture of Trust (the "Indenture"), between the Authority and a corporate trustee (the "Trustee"), the Authority expects to issue its Hotel Tax Revenue Bonds (Convention Center Expansion Project), Series 1999, the proceeds of which will be used to acquire, construct, reconstruct, expand and equip the Center; 99-793 10/13/99 WHEREAS, pursuant to the provisions of Section 58.1 - 3819 et seq. of the Code of Virginia of 1950, as amended, and Section 2.02 of Chapter 116 of the Acts of the Assembly of 1948, as amended and reenacted by Chapter 711 of the Acts of Assembly of 1998, and Article VII of the Code of the City of Richmond, Virginia (collectively, the "Hotel Tax Legislation"), the Participating Jurisdictions are authorized to levy a transient occupancy tax on hotels, motels, boarding houses, travel campgrounds and other facilities offering guestrooms rented out for continuous occupancy for fewer than thirty consecutive days (collectively referred to as the "Hotel Tax") in a maximum aggregate amount equal to eight percent (8%) of the charge for the occupancy of any room or space occupied; WHEREAS, each Participating Jurisdiction has by appropriate ordinance begun to levy the Hotel Tax and has agreed to use the revenues collected from the Hotel Tax for the benefit of the Center; WHEREAS, the Participating Jurisdictions propose to enter into a Hotel Tax Payment Agreement (the "Hotel Tax Payment Agreement") whereby each Participating Jurisdiction agrees, subject to the appropriation by its respective governing body of sufficient funds for such purpose, to transfer amounts equal to the Hotel Tax revenues collected by such Participating Jurisdiction to the Trustee for the account of the Authority; WHEREAS, the Participating Jurisdictions propose to enter into an Interlocal Agreement (the "Interlocal Agreement") providing for (a) the manner in which any moneys transferred from the Residual Fund established under the Indenture to a fiscal agent will be distributed to the Participating Jurisdictions and (b) an agreement by each Participating Jurisdiction that, to the extent its annual Tax Payments are less than its Allocated Share (as each term is defined in the Interlocal Agreement), it will, subject to the appropriation of its governing body of sufficient funds for such purpose and subject to the application of any credits, reimburse the other Participating Jurisdictions to the extent that their annual Tax Payments (less any prior disbursements from the Residual Fund) exceed their respective Allocated Shares; and WHEREAS, the most recent drafts of the Hotel Tax Payment Agreement and the Interlocal Agreement have been presented to this meeting for approval as to form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, THAT: 1. The forms of the Hotel Tax Payment Agreement and the Interlocal Agreement presented to this meeting are hereby approved. The County Administrator is hereby authorized to execute and deliver the Hotel Tax Payment Agreement and the Interlocal Agreement, each in substantially the form presented hereto, with such completions, omissions, insertions and changes not inconsistent with this Resolution as shall be necessary to reflect accurately all negotiations among the Authority and the Participating Jurisdictions, all as may be approved by the County Administrator. Such approval shall be evidenced conclusively by the execution and delivery of such documents on behalf of the County. 2. The County Administrator and other County officials are authorized to do and perform such other things and acts as 99-794 they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution. Any such things and acts previously done or performed by the County Administrator and other County officials are in all respects hereby approved, ratified and confirmed. 3. This Resolution shall take effect immediately. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.l.f. DESIGNATING THE CRATER REGION AS THE WORKFORCE I~VESTMENT ACT AREA AND BOARD FOR SOUTHERN CHESTERFIELD COUNTY On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Virginia Workforce Council established its policy concerning the designation of Local Workforce Investment Areas at its initial meeting held on August 12, 1999; and WHEREAS, the designation of a local workforce investment area is required in order to implement the federal Workforce Investment Act, which will replace the Job Training Partnership Act on July 1, 2000; and WHEREAS, the Governor and the Virginia Workforce Council have asked the chief elected officials to propose service area boundaries for the local workforce investment areas that represent their labor market areas; and WHEREAS, within the Crater Region the Crater Regional Partnership has several significant initiatives underway related to workforce development; and WHEREAS, John Tyler Community College serves the Crater Region, which will help to give focus to workforce development programs; and WHEREAS, working together within the Crater Region will position the region to take advantage of other workforce program initiatives as the Virginia Workforce Council streamlines all of Virginia's workforce-related programs. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County, on October 13, 1999, does hereby request the Governor designate the Crater Region, encompassing the cities of Colonial Heights, Emporia, Hopewell and Petersburg and the counties of Dinwiddie, Greenville, Prince George, Surry and Sussex, and the southern portion of Chesterfield County, as the Local Workforce Investment Area; and AND, BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized to execute all documents and take all necessary actions to implement the Workforce Investment Act policies, as established by the Virginia Workforce Council. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-795 8.C.l.g. RECOGNIZING THE LATE OFFICER CRAIG W. RATH AS A ~FRIEND OF CHESTERFIELD COUNTY" On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the late Chesterfield County Police Officer Craig W. Rath joined the Police Department in 1993; and WHEREAS, Officer Rath served the residents of Chesterfield County as a uniformed patrol officer; and WHEREAS, Officer Rath later had the distinction of being selected to serve in the Street Drug Enforcement Unit; and WHEREAS, Officer Rath received numerous accolades from the Police Department, the Commonwealth's Attorney, the Virginia State Police and private citizens for the courteous and professional nature of his service in a wide variety of situations; and WHEREAS, Officer Rath was killed in a tragic motor vehicle accident on May 27, 1999, on-duty and just moments after having assisted in making several arrests; and WHEREAS, Officer Rath lived his life and gave his life on behalf of the people of Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the late Officer Craig W. Rath as a "Friend of Chesterfield County," and notes that through his legacy and the work being done in his name to support his favorite charity, "Make-a-Child-Smile," Craig W. Rath continues to serve Chesterfield County. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.2. AWARD OF CONSTRUCTION CONTRACTS 8 .C.2 .a. TO WILLIAM B. SLOAN COMPANY, INCORPORATED FOR CONSTRUCTION OF ADDITIONAL PARKING AND REPAVING AT POINT OF ROCKS PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract in the amount of $328,200 to William B. Sloan Company, Incorporated for construction of additional parking and repaving of existing parking and roadways at Point of Rocks Park and authorized the County Administrator to execute the necessary documents. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.2.b. FOR QUAIL HOLLOW WATER LINE REHABILITATION PHASE I On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract in the amount of $109,767 to Infra Corps of Virginia, Incorporated for the Quail Hollow Water Line Rehabilitation Phase I project and authorized the County Administrator to execute the necessary documents. (It 10/13/99 99-796 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.2.c. FOR QUAIL HILL WATER LINE RE~IABILITATION PHASE IT On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract in the amount of $134,746.26 to Gerald K. Moody, Incorporated T/A Southern Construction Company for the Quail Hill Water Line Rehabilitation Phase II project and authorized the County Administrator to execute the necessary documents. (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.2.d. FOR MORNING HILL COURT AND MORNING HILL LANE WATER LINE REPLACEMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract in the amount of $182,575.40 to Godsey and Son, Incorporated for the Morning Hill Court and Morning Hill Lane Water Line Replacement project and authorized the County Administrator to execute the necessary documents. (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.2.e. FOR NAS~ ROAD WATER PUMP STATION TO GMW GENERAL CONTRACTORS On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract in the amount of $415,298 to GMW General Contractors for the Nash Road Water Pump Station; appropriated $150,000 from the water fund balance to 5H-58350- 980403R; and authorized the County Administrator to execute the necessary documents. (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.3. APPROVAL OF CHANGE ORDERS 8 .C.3 .a. FOR THE EMERGENCY COMMUNICATIONS SYSTEM CONSULTANT CONTRACT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a change order in the amount of $70,000 to the Emergency Communications System consultant contract with RCC Consultants, Incorporated, for additional construction administration services. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-797 10/13/99 8.C.3.b. FOR THE JURY DRIVE PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a change order, not to exceed $40,000, to the construction contract with Shoosmith for the Jury Drive project for additional removal of existing pavement. (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.3 .c. FOR THE JUVENILE AND DOMESTIC RELATIONS COURTS PROJECT FOR SITE UNDERCUT AND BACKFILL On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a change order in the amount of $176,437 to the construction contract with Kenbridge Construction Company for the Juvenile and Domestic Relations Courts project for site undercut and backfill. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.4. SET DATE FOR PUBLIC HEARINGS 8 .C .4 .a. TO CONSIDER THE RESTRICTION OF THROUG~ TRUCK TRAFFIC ON HAPPY HILL ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of November 23, 1999 at 7:00 p.m. for a public hearing to consider the restriction of through truck traffic on Happy Hill Road between Branders Bridge Road and South Happy Hill Road. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey requested that the public hearing be advertised in community newspapers as well as the Richmond Times-Dispatch. 8 .C.4 .b. TO CONSIDER AN ORDINANCE PROVIDING FOR BACKGROUND CHECKS FOR CERTAIN EMPLOYEES AND VOLUNTEERS On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of November 23, 1999 at 7:00 p.m. for a public hearing to consider an ordinance providing for background checks for certain employees and volunteers. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.4 .¢. TO CONSIDER APPROPRIATION OF FUNDS AND AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR THE HICKORY ROAD/BUTLER LANE IMPROVEmeNT PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of October 27, 1999 at 7:00 p.m. for a public hearing to consider the appropriation of $1,000,000 in anticipated Virginia Department of Transportation reimbursements and authorization to enter into a design/right-of-way/construction agreement for the Hickory Road/Butler Lane improvement project. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. i0/i3/99 99-798 8.C.4.d. TO CONSIDER AN ORDINANCE AMENDING T~E CODE OF CHESTERFIELD COUNTY TO ALLOW PROPERTY OWNERS TO AUTHORIZE THE POLICE DEPARTMENT TO PROHIBIT TRESPASSING ON PRIVATE PROPERTY On motion of Mr. McHale, seconded by Mr. Barber, the Board set the public hearing date of November 23, 1999 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield to allow property owners to authorize the Police Department to prohibit trespassing on private property. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.4.e. TO CONSIDER AN ORDINANCE AMENDMENT TO PERMIT THE COUNTY TO RECOVER THE ACTUAL COSTS OF LOCATING, CAPTURING, OR DISPOSING OF EXOTIC OR POISONOUS ANIMALS FOUND RUNNING AT LARGE On motion of Mr. McHale, seconded by Mr. Barber, the Board set the public hearing date of November 23, 1999 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield to permit the County to recover the actual costs of locating, capturing or disposing of exotic or poisonous animals found running at large. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.4.f. TO CONSIDER AN ORDINANCE REQUIRING PAYMENT OF INTEREST ON ERRONEOUS TAX ASSESSMENTS On motion of Mr. McHale, seconded by Mr. Barber, the Board set the public hearing date of November 23, 1999 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield relating to the payment of interest on erroneous tax assessment refunds. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.5. ACCEPTANCE OF PARCELS OF LAND 8.C.5.a. ALONG THE SOUTH RIGHT OF WAY LINE OF IRON BRIDGE ROAD FROM DYNAMIC ASSOCIATES, L.L.C. On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.047 acres along the south right of way line of Iron Bridge Road (State Route 10) from Dynamic Associates, L.L.C. and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-799 o/ 3/99 8.C.5.b. ALONG AND EXTENDING NORTH FROM THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM THE TRUSTEES OF CHESTERFIELD BAPTIST CHURCH On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.928 acres along and extending north from the north right of way line of Hull Street Road (U.S. Route 360) from the Trustees of Chesterfield 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. 8.C.5.c. ALONG THE SOUTH RIGHT OF WAY LINE OF IRON BRIDGE ROAD FROM C. F. CURRIN, JR. AND BETTY L. CURRIN On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.149 acres along the south right of way line of Iron Bridge Road (State Route 10) from C. F. Currin, Jr. and Betty L. Currin and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.5.d. ALONG THE WEST RIGHT OF WAY LINE OF WOOLRIDGE ROAD FROM RICHMOND BAPTIST ASSOCIATION, INCORPORATED On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.183 acres along the west right of way line of Woolridge Road (State Route 668) from Richmond Baptist Association, Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.6. AUTHORIZATION TO ENTER INTO A MEMORANDUM OF AGREEMENT FOR THE EXTENSION SERVICE On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute an updated Memorandum of Agreement with Virginia Cooperative Extension. (It is noted a copy of the agreement is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.7. APPROPRIATION OF SUPPLEMENTAL FEDERAL FUNDING FOR CHILD CARE PROGRAMS CONDUCTED BY TWR EXTENSION SERVICE On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $45,000 in supplemental federal funding to the Extension Service budget for continuation of the quality child lO/ 3/s9 99-800 care initiative. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.8. APPROVAL OF FY2000 BUDGET REVISION FOR EMERGENCY COMMUNICATIONS On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $98,778 in additional state revenue from the Virginia Wireless Eg-l-1 Services Board for use in implementing Wireless 9-1-1 calls in the County; increased the Emergency Communications expenditure appropriations by $98,778; and authorized the creation of four positions to assist the Emergency Communications Center in handling the increase in calls. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.9. APPROVAL OF CONTRACT TO ORGANIC WASTE TECHNOLOGIES FOR IMPROVEMENTS TO THE LANDFILL GAS COLLECTION SYSTEM AT THE CLOSED CHESTER LANDFILL On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a contract in the amount of $315,645 to Organic Waste Technologies for improvements to the landfill gas collection system at the closed Chester Landfill and authorized the County Administrator to execute the necessary documents. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.10. APPROPRIATION OF FUNDS 8.C.10.a. TO INITIATE A BACK INJURY PREVENTION PROGRAM FOR THE FIRE DEPARTMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $44,200 from the Risk Management's undesignated retained earnings to the Fire Department's FY2000 budget for the implementation of a back injury prevention program. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.10.b. FOR THE CHESTER VILLAGE STREETLIGHTS PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $120,000 in anticipated Virginia Department of Transportation reimbursements and $30,000 in anticipated private contributions to the Chester Village streetlights project. (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. 99-801 o/13/99 8.C.10.c. FOR TWO SEPARATE ROAD CONSTRUCTION PROJECTS (GENIT0 ROAD/WOOLRIDGE ROAD INTERSECTION kND OLD BON AIR ROAD) On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $446,000 in anticipated Virginia Department of Transportation reimbursements for the Genito Road/Woolridge Road project and appropriated $475,000 in anticipated Virginia Department of Transportation reimbursements for the Old Bon Air Road project. (It is noted copies of the vicinity sketches are filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.ll APPROPRIATION AND TRANSFER OF FUNI)S TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE ACQUISITION OF PROPERTY AT THE MEADOWVILLE TECHNOLOGY PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated and transferred $250,000 from the Industrial Park Reserve to the Industrial Development Authority for the acquisition of property at the Meadowville Technology Park. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.12. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT THE 250TH ANNIVERSARY 1999 INVESTITURE OF THE BOARD OF SUPERVISORS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from County Administration for a permit to stage a fireworks display at the 250th anniversary 1999 investiture of the Board of Supervisors on December 16, 1999 at the Administration Building. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.13. STREET NAME CAL~NGE On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the renaming of approximately six hundred feet of Walton Park Road south of its intersection with Route 60 to Walton Park Lane effective immediately. (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.14. 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 Amherst, Section 1, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Amherst, Section 1, Bermuda District, meet the requirements established by the Subdivision 99-802 Street Requirements Transportation, and of the Virginia Department of Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Amherst, Section 1, Bermuda District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Amherst Ridge Lane Length: 0.09 mile From: Amherst Ridge Way, 0.09 mile west of Jefferson Davis Highway, State Route 1/301 To: Jefferson Davis Highway, State Route 1/301, 0.19 mile north of Pine Forest Drive, State Route 1144 Variable Right-of-Way Width: 44 to 50 feet. Name of Street: Amherst Ridge Way Length: 0.17 mile From: Section limits, 0.02 mile south of Amherst Ridge Lane, 0.09 mile west of Jefferson Davis Highway, State Route i/30i To: Section limits, 0.15 mile northwest of Amherst Ridge Lane Guaranteed Right-of-Way Width: 50 feet. Name of Street: Amherst Ridge Court Length: 0.05 mile From: Cul-de-sac, 0.05 mile southwest of Amherst Ridge Way To: Amherst Ridge Way, 0.09 mile northwest of Amherst Ridge Lane Guaranteed Right-of-Way Width: 40 feet. Name of Street: Amherst Ridge Place Length: 0.04 mile From: Cul-de-sac, 0.04 mile southwest of Amherst Ridge Way To: Amherst Ridge Way, 0.14 mile northwest of Amherst Ridge Lane Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 30 lots. This section of Amherst is recorded as follows: Section 1, Plat Book 97, Pages 89 through 91, March 17, 1998. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Ashbrook, Section 9, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Ashbrook, Section 9, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and 99-803 10/i3/99 Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Ashbrook, Section 9, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Ground Fern Drive Length: 0.03 mile From: 0.13 mile west of Shady Banks Drive, State Route 4209 To: Ground Fern Place, 0.03 mile east Guaranteed Right-of-Way Width: 40 feet. Name of Street: Ground Fern Drive Length: 0.05 mile From: 0.10 mile west of Shady Banks Drive, State Route 4209 To: Blue Cedar Drive, 0.05 mile east Guaranteed Right-of-Way Width: 40 feet. Name of Street: Ground Fern Drive Length: 0.05 mile From: 0.05 mile west of Shady Banks Drive, State Route 4209 To: Shady Banks Drive, State Route 4209, 0.09 mile south of Shady Banks Court, State Route 4212 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Ground Fern Place Length: 0.05 mile From: Ground Fern Drive, 0.10 mile west of Shady Banks Court, State Route 4212 To: 0.05 mile north of Shady Banks Court, State Route 4212 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Blue Cedar Drive From: 0.16 mile south of Ground Fern Drive To: Ground Fern Drive Variable Right-of-Way Width: 40 to 50 feet. Length: 0.16 mile Name of Street: Blue Cedar Drive Length: 0.07 mile From: Ground Fern Drive, 0.05 mile west of Shady Banks Court, State Route 4212 To: 0.07 mile north of Ground Fern 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 56 lots. This section of Ashbrook is recorded as follows: Section 9, Plat Book 98, Pages 62 through 65, May 15, 1998. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Branders Estates, Matoaca District, and 10/13/99 99-804 Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Branders Estates, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Branders Estates, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Maurer Lane Length: 0.19 mile From: Cul-de-sac, 0.19 mile southwest of Branders Bridge Road, State Route 625 To: Branders Bridge Road, State Route 625, 0.06 mile west of Weldon Street, State Route 1158 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Betz Court Length: 0.09 mile From: Maurer Lane, 0.04 mile southwest of Branders Bridge Road, State Route 625 To: Cul-de-sac, 0.09 mile southeast of Maurer Lane Guaranteed Right-of-Way Width: 50 feet. Name of Street: Maurer Court Length: 0.09 mile From: Maurer Lane, 0.15 mile southwest of Branders Bridge Road, State Route 625 To: Cul-de-sac, 0.09 mile east of Maurer Lane Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 45 lots. Branders Estates is recorded as follows: Plat Book 81, Pages 45 through 45, July 9, 1993. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Chesdin Landing, Section 1, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Chesdin Landing, Section 1, Matoaca District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and 99-805 10/13/99 Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the road in Chesdin Landing, Section 1, Matoaca District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Chesdin Point Court Length: 0.09 mile From: Chesdin Point Drive, 0.15 mile south of Chesdin Landing Drive, State Route 5080 To: 0.09 mile east of Chesdin Point Drive, State Route 5082 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 4 lots. This section of Chesdin Landing is recorded as follows: Section 1, Plat Book 89, Page 44, December 14, 1995. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.15. APPROVAL OF A COOPERATIVE COMMUNICATIONS AGREEMENT WITH THE CITY OF COLONIAL HEIGHTS REGARDING THE COUNTY'S PUBLIC SAFETY COMMUNICATIONS SYSTEM On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a Cooperative Communications Agreement with the City of Colonial Heights regarding the County's Public Safety Communications System. (It is noted a copy of the agreement with filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.16. AUTHORIZATION TO VACATE AND RE-DEDICATE A WATER EASEMENT ACROSS THE PROPERTY OF COMMONWEALTH OF VIRGINIA, STATE BOARD OF JUVENILE JUSTIC~ On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a water easement agreement for the vacation and re-dedication of a water easement across the property of Commonwealth of Virginia, State Board of Juvenile Justice. (It is noted copies of the vicinity sketches are filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 10/13/99 99-806 8.C.17. REQUEST FOR PERMISSION FROM RODNEY AND DEBRA HUNDLEY FOR AN EXCEPTION TO THE USE OF PUBLIC WATER FOR A NEW RESIDENTIAL STRUCTURE LOCATED ON RIVER ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Rodney and Debra Hundley for an exception to the use of public water for a new residential structure located at 9840 River 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.18. APPROVAL OF REQUESTS TO QUITCLAIM 8.C.18.a. A PORTION OF A TWENTY FOOT SEWER EASEMENT ACROSS PROPERTY OF CLOVERHILL DEVELOPMENT COMPANY, L.L,C. On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a twenty foot sewer easement across property of Cloverhill Development Company, L.L.C. (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.18.b. A PORTION OF A SIXTEEN FOOT WATER EASEMENT ACROSS THE PROPERTY OF MACERICH PARTNERSHIP, L.P. On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sixteen foot water easement across the property of Macerich Partnership, L.P. (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.18.c. A VARIABLE WIDTH DRAINAGE EASEMENT (PRIVATE) ACROSS THE PROPERTY OF CROWN GOLF REALTY, L.L.C. On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width drainage easement (private) across the property of Crown Golf Realty, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.18.d. A SIXTEEN FOOT SEWER EASEMENT AND TWO TEN FOOT TEMPORARY CONSTRUCTION EASEMENTS ACROSS ROSLYN FARM CORPORATION On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixteen foot sewer easement and two ten foot temporary o/ 3/99 99-807 construction easements across the property of Roslyn Farm Corporation. (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.18.e. A PORTION OF A SIXTEEN FOOT TEMPORARY DRAINAGE EASEMENT AND A PORTION OF A SIXTEEN FOOT SEWER EASEMENT ACROSS THE PROPERTY OF JNB COMPANY OF VIRGINIA, L.L.C., A VIRGINIA LIMITED LIABILITY COMPANY On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixteen foot temporary drainage easement and a portion of a sixteen foot sewer easement across the property of JNB Company of VA, L.L.C., a Virginia Limited Liability Company. (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.18.f. A PORTION OF A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS TEE PROPERTY OF CROWN GOLF REALTY, L.L,C. On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sixteen foot drainage easement across the property of Crown Golf Realty, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.19. APPROVAL OF UTILITY CONTRACTS 8.C.19.a. FOR 8763 BELMONT ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following Utility Contract for 8763 Belmont Road - Contract Number 97-0032-1, which includes 130 L.F. ± of twelve inch oversized water lines and 120 L.F. ± of offsite water improvements: Developer: William A. and Jane B. Hall Contractor: Bookman Construction Company Contract Amount: Estimated Total - Total Estimated County Cost: Water (Oversizing) Water (Offsite) Estimated Developer Cost Code: (Cash Refund - Oversizing) (Refund thru connections - Offsite) District: Dale $4,000.00 $1,105.00 $870.00 $2,025.00 5B-572WO-E4C 5B-572VO-E4D (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. 99-808 8.C.19.b. FOR 8747 BELMONT ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following Utility Contract for 8747 Belmont Road - Contract Number 97-0032-2, which includes 220 L.F. ± of twelve inch oversized water lines and 210 L.F. ± of offsite water improvements: Developer: Bernard A. and Joyce R. Heath Contractor Bookman Construction Company Contract Amount: Estimated Total - Total Estimated County Cost: Water (Oversizing) Water (Offsite) Estimated Developer Cost Code: (Cash Refund - Oversizing) (Refund thru connections - Offsite) District: Dale $5,500.00 $1,870.00 $1,425.60 $2,204.40 5B-572WO-E4C 5B-572VO-E4D (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.20. CO~;EYANCE OF EASEMENTS 8.C.20.a. TO BELL ATLANTIC-VIRGINIA, INCORPORATED FOR INSTALLATION OF UNDERGROUND CABLE TO PROVIDE SERVICE FOR A SCHOOL TRANSPORTATION OFFICE TRAILER AT CLOVER HILL HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated to install underground cable to provide service for a school transportation office trailer on County property at Clover Hill High School. (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.20 .b. TO BELL ATLANTIC-VIRGINIA, INCORPORATED FOR INSTALLATION OF UNDERGROUND CABLE TO PROVIDE SERVICE TO THE SCHOOL FACILITIES ON COGBILL ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated to install underground cable to provide service to the school facilities at 4003 Cogbill 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.21. AUTHORIZATION TO DECLARE A PARCEL OF LAND ON HARROW DRIVE SURPLUS AND OFFER THE PROPERTY FOR SALE On motion of Mr. McHale, seconded by Mr. Barber, the Board declared a 0.1580 acre parcel of land on Harrow Drive surplus 99-809 lO/13/99 and authorized the Purchasing Department to advertise the parcel for sale by sealed bids. (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.22. 8.C.22,a. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM BERMUDA DISTRICT IMPROVEMENT FUND TO THE TRANSPORTATION DEPARTMENT TO PAY A PORTION OF THE COST OF A ~'WELCOME TO CHESTER" SIGN On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $350 from the Bermuda District Improvement Fund to the Transportation Department to pay a portion of the cost of a ~'Welcome to Chester" sign to be erected at the western end of Chester. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.22.b. FROM MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO PARKS AND RECREATION TO RENT A STAGE FROM THE CITY OF RICHMOND FOR ENTERTAINMENT DURING THE VILLAGE OF MIDLOTHIAN DAY FESTIVAL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $120 from the Midlothian District Improvement Fund to the Parks and Recreation Department for renting a stage from the City of Richmond for entertainment during the Village of Midlothian Day Festival. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.22 .c. FROM MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE CHESTERFIELD COUNTY SCHOOL BOARD TO UPGRADE THE SOUND SYSTEM AT JAMES RIVER HIGH SCHOOL THEATRE On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $3,000 from the Midlothian District Improvement Fund to the School Board for upgrading the sound system at James River High School. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.22.d. FROM BERMUDA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE AND INSTALL PLAYGROUND EQUIPMENT AT ECOFF ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $5,000 from the Bermuda District Improvement Fund to the School Board for purchasing and installing playground equipment at Ecoff Elementary School. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 10/13/99 99-810 8.C.22 .e. FROM DALE, MIDLOTHIAN, CLOVER HILL AND MATOACA DISTRICT IMPROVEMENT FUNDS TO THE PARKS AND RECREATION DEPARTMENT TO OBTAIN ADDITIONAL GYM SPACE FOR THE COUNTY'S BASKETBALL PROGRAMS On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $7,000 from the Midlothian District Improvement Fund, $7,000 from the Clover Hill District Improvement Fund, $7,000 from the Matoaca District Improvement Fund and $2,500 from the Dale District Improvement Fund (for a total of $23,500) to the Parks and Recreation Department for obtaining additional gym space for the County's basketball programs. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.23. INITIATION OF A CONDITIONAL USE FOR A TWO FAMILY DWELLING ON WOODLAND HILL DRIV~ On motion of Mr. McHale, seconded by Mr. Barber, the Board initiated a conditional use on behalf of Earl and Kaye Yarbrough for a two family dwelling at 14512 Woodland Hill Drive. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.24. REFER ZONING ORDINANCE AMENDMENT RELATING TO RESIDENTIAL USES IN C-3, C-4 AND C-5 DISTRICTS TO PLANNING COMMISSION AND SET DATE FOR PUBLIC HEARING On motion of Mr. McHale, seconded by Mr. Barber, the Board referred a zoning ordinance amendment relating to townhouse and multifamily uses in C-3 through C-5 Districts to the Planning Commission for a public hearing and set the public hearing date of November 23, 1999 at 7:00 p.m. for the Board to consider the amendment. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 11. CLOSED SESSION PURSUANT TO SECTION 2.1-344A.7., CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS PROBABLE LITIGATION REQUIRING LEGAL ADVICE BY COUNSEL INVOLVING A CLAIM FOR $600,000 BY CARLOS BROWN On motion of Mr. McHale, seconded by Mr. Barber, the Board went into a Closed Session pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as amended, to discuss probable litigation requiring legal advice by counsel involving a claim for $600,000 by Carlos Brown. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and 99-811 10/13/99 WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mrs. Humphrey: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mr. Daniel: Aye. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS O CONSIDERATION OF CLAIM OF CARLOS BROWN Mr. Stylian Parthemos, Senior Assistant County Attorney, stated that staff recommends denial of Mr. Brown's claim. Ruben Green, Esquire, with the law firm of Johnson and Walker, P.C., representing Mr. Carlos Brown, presented information relative to the arrest of Mr. Brown. He stated that Federal District Court Judge Richard Williams ruled that the grounds for the stop and subsequent search were pretextual. He further stated that the basis for Mr. Brown's $600,000 claim is unlawful stop and prosecution in a harassing fashion. On motion of Mr. Daniel, seconded by Mr. Barber, the Board denied the claim of Carlos Brown. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 10, REPORTS On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the following reports: A report on Developer Water and Sewer Contracts; and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 12. DINNER On motion of Mr. McHale, seconded by Mr. Warren, the Board recessed to the Administration Building, Room 502 for dinner. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. lO/ 3/99 99-812 Reconvening: 13. INVOCATION Mr. Robert Eanes gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scouts Ricky Franklin and James Maher led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS 15.A. RECOGNIZING OCTOBER 14, 1999 AS "CHRISTMAS MOTHER DAY" Mr. Hammer introduced Mrs. Barbara McHale who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, most families in Chesterfield County enjoy peace and happiness during the Christmas holidays; and WHEREAS, there are many, including children, the elderly and the less fortunate, who do not have the means to enjoy this special time of year; and WHEREAS, the Chesterfield/Colonial Heights Christmas Committee has successfully provided food, gifts, and clothing to many of our citizens in the past; and WHEREAS, Mrs. Barbara McHale has been elected Christmas Mother for 1999 and requests support of all the citizens of the County to ensure that those less fortunate may enjoy this special season of the year. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 14, 1999 as '~Christmas Mother Day" and urges all citizens of Chesterfield County to support this worthy endeavor. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors publicly commends the Christmas Committee for their very successful efforts in past years and extends best wishes for a successful 1999 season. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. McHale 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. McHale, accompanied by Mr. Daniel, presented the executed resolution to Mrs. McHale, accompanied by Ms. Suzanne Fleming, Assistant Director of Social Work, and wished her well in her endeavors as Christmas Mother. Mr. Ramsey presented a contribution on behalf of the County to the Christmas Mother Program to Mrs. McHale. 99-813 10/13/99 Mrs. McHale expressed appreciation to the Board for their support of the Chesterfield/Colonial Heights Christmas Mother Program. 15 .B RECOGNIZING THE FORMER OLD JOHN MARSHALL HIGH SCHOOL CORPS OF CADETS Mr. Daniel introduced Mr. Robert Thurman who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Old John Marshall High School Corps of Cadets was established in Richmond, Virginia in 1915 by the Richmond City School Board; and WHEREAS, this Corps of Cadets produced many recognized leaders, including U.S. Senator Harry F. Bird, Jr.; Representative Norman Sisisky; Chesterfield County Board of Supervisors Chairman Harry G. Daniel; four mayors of Richmond; several members of the city council; several generals and admirals; a Medal of Honor winner; a winner of the Distinguished Service Cross and two winners of the Navy Cross; judges; doctors; corporate CEOs; and other noteworthy individuals; and WHEREAS, members of this exemplary band of young men fought in each of the nation's wars since World War I (World War II, Korea and Vietnam), and seventy-six cadets went on to make the ultimate sacrifice for their nation; and WHEREAS, these young men committed themselves to "Duty, Honor, Country" and have distinguished themselves in war and peace, earning recognition from President Dwight D. Eisenhower, Sir Winston Churchill and many others; and WHEREAS, the nation reveres the memory of such men, including this year on November 11 as we celebrate Veterans' Day; and WHEREAS, Chesterfield County recognizes with pride and respect the long and illustrious history of the Old John Marshall High School Corps of Cadets. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield Board of Supervisors expresses its gratitude to the Old John Marshall High School Corps of Cadets, and recognizes the special place this Corps holds in the history of Virginia and the nation. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. Thurman, accompanied by four members of the Old John Marshall High School Corps of Cadets, and expressed appreciation for the service of the Corps members to their country. He also presented a copy of the resolution to Mr. Thurman to be placed in a time capsule on Veterans' Day. Mr. Thurman expressed appreciation to the Board for the recognition. 99-814 15.C. RECOGNIZING OCTOBER 1999 AS ~DOMESTIC VIOLENCW. AWARENESS MONTH" Mr. Hammer introduced Ms. Janett Forte, Domestic Violence Resource Center Coordinator, who was present to receive the resolution. He stated that the County's domestic violence program has been recently awarded the most outstanding in the Commonwealth. On motion of the Board, the following resolution was adopted: WHEREAS, violence in the home continues as a major social problem affecting all members of the family and community; and WHEREAS, Chesterfield County is committed to supporting the well being of families by advocating for intervention and prevention activities that decrease the incidents of domestic violence; and WHEREAS, we understand the problems of domestic violence cross all economic, racial and societal barriers and are supported by societal indifference; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security and humanity due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men, and their children and our community as a whole; and WHEREAS, only a coordinated and integrated effort which obtains a commitment from all elements of the community to share responsibility in the fight against domestic violence will put an end to the horrific crime. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the month of October 1999 as ~'Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic Violence Resource Center, the Domestic Violence Task Force and our local domestic violence service providers in working towards the elimination of domestic violence in our community. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Ms. Forte, accompanied by Ms. Joleathia Dobbins, Senior Social Worker with Child Protective Services, Mr. Larry Barnett, a member of Chesterfield County Domestic Violence Task Force and Ms. Karen Althoff, Police Department Domestic Violence Coordinator and expressed appreciation for their efforts towards eliminating domestic violence. Ms. Forte expressed appreciation to the Board for their support and presented Board members with a purple ribbon which signifies commitment to ending domestic violence. 99-815 10/13/99 15.D. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 15.D.1. RICHARD '~RICKY" B. FRANKLIN, CLOVER HILL 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. Richard B. Franklin, Jr., Troop 890, sponsored by The Brandermill 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, Ricky 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. Richard B. Franklin, Jr. 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. Warren presented the executed resolution and patch to Mr. Franklin, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 15.D.2. KEITH ROBERT BACHMAN, CLOVER HILL 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. Keith Robert Bachman, Troop 890, sponsored by The Brandermill 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 o/ 3/99 99-816 WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Keith 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. Keith Robert Bachman 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. Warren presented the executed resolution and patch to Mr. Bachman, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 15.D.4, HUNTER DAVIDSON F_ANGER, MATOACA 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. Hunter Davidson Hanger, Troop 890, sponsored by The Brandermill 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, Hunter 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. Hunter Davidson Hanger and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Hanger, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 99-817 15.D.5. JAMES I. MAHER, MATOACA 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. James I. Maher, Troop 890, sponsored by The Brandermill 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, James 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. James I. Maher and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Maher, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 16. PUBLIC HEARINGS 16,A. TO CONSIDER AMENDMENTS TO THE SUBDIVISION AND ZONING ORDINANCE UPDATING REFERENCES TO STATE LAW TO REFLECT THE RECODIFICATION OF TITLE 15.2 OF THE VIRGINIA CODE Mr. Micas stated that this date and time has been advertised for a public hearing to consider proposed amendments to the Subdivision and Zoning Ordinance updating references to reflect the recodification of Title 15.2 of the Code of Virginia. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING SECTIONS 17-2, 17-61, 19-1, 19-22, 19-45, 19-53, 19-233, 19-238 and 19-301 TO UPDATE REFERENCES IN THOSE SECTIONS TO TITLE 15.1 OF THE VIRGINIA CODE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 10/13/99 99-818 (1) That Sections 17-2, 17-61, 19-1, 19-22, 19-45, 19-53, 19-233, 19-238 and 19-301 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 17-2. Definitions. In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise: o o o General plan: The plan delineated by Code of Virginia, § 15.2-2223. o o o Sec. 17-61. Conformity to applicable rules and regulations. In addition to the design standards established herein, all subdivision plats shall comply with the following laws, ordinances, rules and regulations as they may be applicable: (1) The provisions of Code of Virginia, tit. 15.2, ch. 22, art. 6 [§ 15.2-2240 et seq.]. o o o Sec. 19-1. Purpose of chapter. The purpose of this chapter is to promote the health, safety, convenience and general welfare of the public and to accomplish the objectives of Code of Virginia, §§ 15.2- 2200 and 15.2-2283. To these ends, this chapter is designed: o o o Sec. 19-22. appeals. Certiorari to review decision of board of zoning Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the county may present to the circuit court of the county a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the board of zoning appeals in accordance with the provisions of Code of Virginia, § 15.2-2314. o o o Sec. 19-45. Designation of historic districts, landmarks and landmark sites. Pursuant to Code of Virginia, §§ 15-2-2283 and 15.2-2306, the board of supervisors shall have the authority to (1) designate landmarks and landmark sites having an important historical, architectural, archaeological or cultural interest; (2) establish historic districts within the county containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the county, of such significance as to warrant conservation and preservation; and 99-819 (3) establish areas of unique architectural value located within designated conservation, rehabilitation or redevelopment districts. o o o Sec. 19-53. Appeal from decision of the board of supervisors. Any aggrieved property owner shall have the right to appeal any final decision of the board of supervisors pursuant to this division to the circuit court within 30 days, in conformity with Code of Virginia ~ 15.2-2306. o o o Sec. 19-233. Resource management area regulations. Any use, development or redevelopment of land shall meet the following performance criteria: o o o (d) (1) Stormwater runoff shall be controlled to achieve the following: o o o (2) The following stormwater management options shall be considered to comply with the requirements of subsection (d) (1): o o o Compliance with a locally adopted regional stormwater management program incorporating pro rata share payments pursuant to the authority provided in Code of Virginia, ~ 15.2-2243, that achieves equivalent water quality protection. o o o Sec. 19-238. Development regulations. Any use, development or redevelopment of land in the Upper Swift Creek Watershed shall meet the following performance criteria: o o o (d) (1) Stormwater runoff shall be controlled to achieve the following: o o o (2) The following stormwater management options shall be considered to comply with the requirements of subsection (d) (1): o o o Compliance with a locally adopted regional stormwater management program incorporating pro rata share payments 10/13/99 99-820 pursuant to the authority provided in Code of Virginia, ~ 15.2-2243, that achieves equivalent water quality protection. Sec. 19-301. o o o Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: ooo Comprehensive plan: The comprehensive plan adopted pursuant to Code of Virginia, tit. 15.2, ch. 22 [~ 15.2-2220 et seq.], particularly Code of Virginia, ~ 15.2-2223. ooo (2) That this ordinance shall become effective immediately upon adoption. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.B. TO CONSIDER AMENDING THE COUNTY CODE TO REQUIRe. REFUNDING EXCESS BUSINESS LICENSE TAXES COLLECTED BY MOTOR VEHICLE DEALERS Mr. Micas stated that this date and time has been advertised for a public hearing to consider amending Section 6-26 of the County Code to require refunding excess business license taxes collected by motor vehicle dealers. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 6-26 RELATING TO THE COLLECTION OF BUSINESS LICENSE TAX BY MOTOR VEHICLE DEALERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 6-26 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 6-26. Retail merchants. (a) Every retail merchant shall pay a license tax of $0.20 per $100.00 of base year gross receipts. (b) If goods, wares and merchandise not belonging to a retail merchant are offered for sale by the retail merchant or by any other person at the retail merchant's place of business, such retail merchant shall obtain a license as a commission merchant as provided in section 6-32. Such retail merchant, however, may elect to include the total gross receipts from the sale of all goods, wares and merchandise not belonging to him in the base year gross 99-821 10/13/99 receipts for his retail merchant license in lieu of obtaining a commission merchant license. (c) Every person who sells merchandise by means of a coin-operated machine or device shall pay the retail merchant's license tax prescribed in subsection (a) of this section. Ail such machines shall be plainly marked so as to show the name and address of the owner thereof. (d) Every cooperative which sells to others (excluding sales to commercial, industrial, or institutional users) at retail only and not for resale shall pay the license tax prescribed in subsection (a). (e) If a motor vehicle dealer collects excess business license tax from a purchaser, such dealer shall exercise due diligence to refund such tax to the purchaser within 120 days of discovering such overpayment, and such dealer shall produce evidence of such refund to the commissioner of the revenue upon request. Any amounts that are not refunded to purchasers shall be remitted to the commissioner of the revenue as additional business license tax. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.C. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN FOOT ALLEY WITHIN BLOCK 4, CRESCENT PARK SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a sixteen foot alley within Block 4, Crescent Park Subdivision. On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to ROBERT F. BUBLITZ, DONALD PHILPOT and JAMES W. OSBORNE, TRUSTEES OF THE KINGSLAND BAPTIST CHURCH, ("GRANTEE"), a 16' alley, Block 4, Crescent Park Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 4, at Pages 110 and 111. WHEREAS, KINGSLAND BAPTIST CHURCH, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 16' alley, Block 4, Crescent Park Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 4, Pages 110 and 111, dated MAY 6, 1928. The alley petitioned to be vacated is more fully described as follows: A 16' alley lying between Lots 3 and 12 through 16, Block 4 and Lots 6 through 11 Block 4 within Crescent Park Subdivision, the location of which is more fully shown on a plat by Virginia Surveys, 10/13/99 99-822 dated JANUARY 7, 1998, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the alley sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid alley be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virqinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the alley hereby vacated in the abutting property owners, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and ROBERT F. BUBLITZ, DONALD PHILPOT and JAMES W. OSBORNE, TRUSTEES OF THE KINGSLAND BAPTIST CHURCH, or their successors in title, as GRANTEE. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 17. ADJOURNMENT On motion of Mr. M~Hale, seconded by Mr. Barber, the Board adjourned at 7:40 p.m. until October 27, 1999 at 4:00 p.m. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. ~oaun~nt~'A~ma.~nSTsYtrator/ irma~ 99-823 10/13/99