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12-15-99 MinutesBOARD OF SUPERVISORS MINUTES December 15, 1999 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Supervisor Absent: Mr. Arthur S. Warren, Vice Chrm. Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. Craig Bryant, Dir., Utilities Mr. N. E. Carmichael, Commissioner of Revenue Ms Jana Carter, Dir., Youth Services Ms Marilyn Cole, Asst. County Administrator Mr Richard Cordle, Treasurer Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Rebecca Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Mr James Dunn, Dir., Economic Development Ms Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Dennis Farmer, Dir., Historical Society 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 H. Edward James, Dir., Purchasing Mr Donald Kappel, Dir., Public Affairs Mr Louis Lassiter, Dir., Internal Audit Dr Burr Lowe, Dir., Mental Health/Retard. Ms Mary Lou Lyle, Dir., Accounting Mr Jacob W. Mast, Jr. Nursing Home Admin. Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr Richard A. Nunnally, Extension Agent 99-918 Mr. F. O. Parks, Dir., Information Systems Tech. Mr. Paul D. Patten, Assessor Mr. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Dr. Robert Wagenknecht, Dir., Libraries Sheriff Clarence Williams, Sheriff's Department Mr. Thomas A. Taylor, Dir. Block Grant Office Mr. Daniel called the regularly scheduled meeting to order at 3:33 p.m. He stated that Mr. Warren was absent because of the death of his father and expressed condolences on behalf of the Board. 1. APPROVAL OF MINUTES FOR NOVEMBER 23, 1999 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of November 23, 1999, as submitted. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Mr. Edward James, Director of Purchasing, and stated that the National Institute of Government Purchasing has awarded the Outstanding Agency Accreditation Achievement Award to the Purchasing Department for demonstrating excellence in public purchasing. He further stated that the Purchasing Department is the eighth agency in the United States as well as Canada, Ireland and England to receive this award and the first locality or state agency in the State to receive it. He commended Mr. James and the Purchasing staff for their performance which led to the receipt of this prestigious accreditation award. Mr. Daniel expressed appreciation to Mr. James for the diligent efforts of his staff. Mr. James recognized twelve members of the Purchasing staff who were present at the meeting and stated that the award is a result of the efforts of the entire Purchasing team. Mr. Ramsey introduced Mr. Bob Dunn, Chairman of the Board of Directors of Friends of Chesterfield's Riverfront. Mr. Dunn expressed appreciation for the County's continued support which allows the Friends of Chesterfield's Riverfront to focus on two of the County's most valuable natural resources -- the Appomattox and James Rivers. He then introduced Mr. Victor Liu, Principal Planner with the Crater Planning District Commission, to make a presentation regarding the Appomattox River Corridor Plan 12/15/99 99-919 to the Board. He noted that Ms. Madeline Purcell, a member of the Board of Directors from Friends of Chesterfield's Riverfront, has been asked to serve jointly as a representative for Chesterfield County and the Friends of Chesterfield's Riverfront on the Appomattox River Corridor Citizen's Group Board. Mr. Liu reviewed the background of the Appomattox River Corridor Plan which was completed in the spring of 1999. He then reviewed the purpose, vision and goals of the Plan and stated that the Plan was developed by a citizen working group. He reviewed recommendations of the Plan including development of a regional trail system; improvement of water quality of the river; establishment and maintenance of an Appomattox River web page; organization of an annual river cleanup campaign; expansion of the Bateau Day Celebration; development of a brochure and self--guided tour map to illustrate the river features and location; initiation of a Whitewater Festival; construction of a nature center; and development of the rails and river tour groups. He then reviewed the major recommendation of the plan --- the organization of a non-profit citizens' group which will represent citizens' interests and work with local governments along the river. Mr. Daniel expressed appreciation to Mr. Liu for the informative presentation. 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. REQUESTS TO POSTPONE ACTION~ ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board replaced Item 8.A.3.b., .Adoption ef Resolution Confirming Proceedings of the Ch~}sterfield Industrial Development Authority for' Issuance ef Industrial Revenue Bonds to Assist the Vistas Limited Partnership in Acquiring, Constructing, and Equipping a 110 Unit Housing Development te be Located en the West Side of Ironbridge Read and Falling Creek Reservoir; added Item 8.A.3.c., Adoption of Resolution Confirming Proceedings ef the Chesterfield Industrial Development Authority for Issuance of Industrial Revenue Bends te Assist the Lakeview Limited Partnership in Acquiring, Constructing, and Equipping a 108 Unit Housing Development to be Located en the North Side of Chippenham Parkway, Eas~ of Belmcnt Road; added Item 8.A.3.d., Adoption ef Resolution Requesting the Virginia Department of Transportation te Conduct a Speed Study on Route 360 in the Vicinity of Fordham Road} added Item 8.A.18., Initiation of Amendment to Zoning Case 98SN0!85; replaced Item 11., Closed Session Pursuant te Section 2.1-344A.7., Cede ef Virginia, 1950, As Amended, te Discuss Phil. lips v. Russell and Peddle With Counsel and Pursuant to Section 2.1-344~A)(1), Cede of Virginia, 1950, As Amended, Relating te the Performance of a Specific Appointee ef the Board; and adopted the Agenda, as amended. Ayes: Daniel, Barber, Humphrey, and. McHale. Nays: None. Absent: Warren. z/15/99 99--920 5.Ao RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING VIRGINIA POWER FOR ITS COMMITMENT TO THE IMPORTANCE OF HENRICUS PARK AND DUTCH GAP CONSERVATION AREA AS A REGIONAL RESOURCE Mr. Golden introduced Ms. Cindy Balderson, representing Virginia Power, who was present to receive the resolution. He also introduced Mr. Bob Dunn, Chairman of the Board of Directors of Friends of Chesterfield's Riverfront; Ms. Janit Potter, Executive Director of Friends of Chesterfield's Riverfront; Ms. Madeline Purcell, member of the Board of Directors of Friends of Chesterfield's Riverfront; Mr. John Taylor, Chairman of the Board of Directors of the Henricus Foundation; Mr. Walter Heyer, Executive Director of the Henricus Foundation, all of whom were partners in the Dutch Gap project. On motion of the Board, the following resolution was adopted: WHEREAS, community service and voluntarism is one of the greatest assets and traditions of Chesterfield County; and WHEREAS, Virginia Power and Virginia Power volunteers have demonstrated through their leadership and enthusiasm a conservation ethic for the natural resources; and WHEREAS, the Dutch Gap Conservation Area, used by over 60,000 Chesterfield citizens and regional visitors each year, is the largest heron rookery near the James River; and WHEREAS, the cooperative efforts on behalf of Virginia Power volunteers have strengthened the partnerships between the Henricus Foundation, the Friends of Chesterfield's Riverfront and Chesterfield County Parks and Recreation Department; and WHEREAS, through Virginia Power's donation of materials and volunteer time, two observation platforms have been constructed at the Dutch Gap Conservation Area. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and commends Virginia Power and its employees for their leadership, team effort and generous support for conservation and public access at the Dutch Gap Conservation Area. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Virginia Power and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. McHale, accompanied by Mr. Daniel, presented the executed resolution to Ms. Balderson, and expressed appreciation for the continued contributions of Virginia Power to the Henricus Park/Dutch Gap Conservation Area. Ms. Balderson expressed appreciation for the recognition. 99-921 5oB. RECOGNIZING MR. EDWARD GURLEY, JR., UPON HIS RETIREMENT FROM THE DEPARTMENT OF GENERAL SERVICES Mr. Pitaro introduced Mr. Edward Gurley, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Edward Gurley, Jr. retired on December 1, 1999 after providing seventeen years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Gurley began his service on November 29, 1982 as Laborer/Custodian II; and WHEREAS, Mr. Gurley has seen the County's solid waste program grow from several hundred customers to more than 4,500 customers; and WHEREAS, Mr. Gurley performed his responsibilities in a dependable manner; and duties and WHEREAS, Mr. Gurley 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. Gurley is known for his friendly, easy going manner and his ability to work with others in an effective way. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Edward Gurley, Jr., and extends their appreciation for his seventeen years of dedicated service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to MrT~..~urley and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel, accompanied by Mr. Ramsey, presented the executed resolution to Mr. Gurley, accompanied by his wife, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Mr. Gurley expressed appreciation to the Board for the recognition. 5.C. RECOGNIZING MRS. GRACE KIDD, UPON HER RETIREMRNT FROM THE TREASURER'S OFFIC~ Mr. Cordle introduced Mrs. Grace Kidd, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 12/15/99 99-922 WHEREAS, the Chesterfield County Treasurer is an elected constitutional officer responsible for delivering uncompromising taxation and financial services to the citizens of the County; and WHEREAS, Mrs. Grace Kidd began her employment with the Treasurer's Office as a part-time clerk-typist on March 1, 1964; became a full-time employee on April 1, 1964 and was subsequently promoted throughout numerous positions during her tenure in the office to her current position of Cashier; and WHEREAS, Mrs. Kidd has positively contributed to the ever- changing environment of the Treasurer's Office having transitioned from extremely manual processes to those that are highly-automated; and WHEREAS, Mrs. Kidd has been instrumental in delivering exceptional customer service to the citizens, as the County has grown in population from approximately 80,000 to over 260,000 during her service; and WHEREAS, Mrs. Kidd has served the citizens of Chesterfield County in a manner that consistently exhibits professionalism, courtesy, dedication, empathy, sensitivity and uncompromising quality; and WHEREAS, Mrs. Kidd has received numerous taxpayer accolades attesting to her exceptional customer service; and WHEREAS, Mrs. Kidd was recognized in March, 1996 as the very first recipient of the Joseph E. Pittman, Jr. Award presented to the County employee for the longest, continuous full-time service; and WHEREAS, Mrs. Kidd has been a trusted team player in the Treasurer's Office for over 35 years. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mrs. Grace Kidd, and extends their appreciation for her 35 years of dedicated service to the County, their congratulations upon her retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Hrs. Kidd and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Ramsey, accompanied by Mr. Daniel, presented the executed resolution and a Jefferson Cup to Mrs. Kidd, accompanied by Mr. Cordle and Colonel Joseph Pittman, former Chief of Police, expressed appreciation for her dedicated service to the County, and wished her well in her retirement. Mrs. Kidd expressed appreciation to the Board recognition. for the 99-923 5.D, PRESENTING THE JOSEPH E. PITTMAN, JR. AWARD FOR CONTINUOUS COUNTY SERVICE Mrs. Grace Kidd, accompanied by Colonel Joseph Pittman, presented the Joseph E. Pittman, Jr. Award for Continuous County Service, formerly held by Mrs. Kidd, to Mrs. Joan Swearengin, who has been an employee of the Utilities Department since 1964. Mr. Ramsey congratulated Mrs. Swearengin upon receiving the Award and expressed appreciation for her dedicated service to the County. 5.Fo RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES-OF-THE-YEAR FOR 1999 Ms. Jana Carter, Team Leader of the 1999 Exceptional Employee- of-the-Year Selection Team, introduced members of the Team who were present at the meeting. She then introduced the 1999 Employees of the Year, who were as follows: Name Terry Bonds Rebecca Comstock Judy Cranford Randolph Emory Susan Fitzgerald Scott Flanigan Greg Geoghegan Scott Gilchrist Pamela Goode Lisa Hackett Patricia Howell Jacquelin Maclin Donald Reekes Robert Ross David Sirois Pamela Swigert Tamela Talley Nancy Thompson Tammi Tomlinson Ann Vargo Nora Wooten Department Health Department Building Inspection Planning Department General Services Department Information Systems Technology Department Environmental Engineering Department Youth Group Home Social Services Department Ment'al Health/Mental Retardation/ Substance Abuse Sheriff's Office Commissioner of Revenue's Office Parks and Recreation Department Fire Department Internal Audit Department Utilities Department Library Police Department Treasurer's Office Budget and Management Department Extension Services Department Accounting Department 12/15/99 99-924 Mr. Ramsey presented each of the Employees of the Year with a plaque recognizing them as their Department's Employee-of-the- Year, along with a Jefferson Cup and a certificate for four hours of compensatory time, stated that the County is extremely proud of each of the employees, and congratulated them on their selection. Mr. Daniel expressed appreciation on behalf of the Board for the dedicated service of the each of departmental employees of the year. 5.G. RECOGNIZING THE CHESTERFIELD COUNTY EXCEPTIONAL EMPLOYEE-OF-THE-YEAR FOR 1999 Mr. Daniel, accompanied by Mr. Ramsey, recognized and introduced Mr. Randolph Emery as the Exceptional Employee-of- the-Year for 1999. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Randolph L. Emery is superintendent of the Light Vehicle Maintenance Shop, Fleet Management Division, Department of General Services; and WHEREAS, Mr. Emery is responsible for greeting customers and determining work to be done; manages automotive vehicle inspections, preventive maintenance, scheduled services, maintenance and repair for the County's 2,500 light and heavy vehicles; and WHEREAS, Mr. Emory accomplishes this by establishing priorities for work, assigning work to technicians, and assisting technicians with difficult repair and diagnostic problems; and, is responsible for technician technical training, maintaining records and occupational safety; and WHEREAS, Mr. Emery is a technically qualified, competent supervisor dedicated to providing world customer service to Chesterfield County; and highly class WHEREAS, Mr. Emery has provided leadership and motivational skills that have enabled employees in the Light Vehicle Shop to provide a level of automotive service unequaled in County history; and WHEREAS, Mr. Emery personally submitted and implemented Total Quali~y Improvement initiatives that have saved tens of thousands of dollars this year alone, saving taxpayer dollars; and WHEREAS, Mr. EmOry. moved from the Heavy Vehicle Maintenance Shop to the Light Vehicle Shop in May 1999 and was instrumental in resolving maintenance problems and reducing the backlog of vehicles from more than i00 to about a dozen; and WHEREAS, Mr. Emory is well known for his ability to work with other County employees and the public, and is known for getting the job done; and WHEREAS, Mr. Emery was selected as one of 21 departmental Employees of the Year for his accomplishments and achievements above and beyond designated job duties and was selected from this distinguished group as Chesterfield County's 1999 Exceptional Employee of the Year. 12/15/99 99-925 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Randolph L. Emory on his selection as Chesterfield County's 1999 Exceptional Employee of the Year, expresses its appreciation for his outstanding efforts on behalf of the county and its citizens, and wishes him continued success. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Emory and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel presented the executed resolution to Mr. Emory, expressed appreciation for his dedicated service to the County, and congratulated him on his accomplishments and being named the Exceptional Employee-of-the-Year for 1999. Mr. Ramsey presented Mr. Emory with several gifts and congratulated him on being named the Exceptional Employee-of- the-Year for 1999. Mr. Emory expressed appreciation recognition. to the Board for the RECOGNIZING THE 250TH A/~NIVERSARY STEERING COM/~ITTEE MEMBERS Mr. Harris introduced members of the 250th Anniversary Steering Committee. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County anniversary in May 1999; and celebrated its 250th WHEREAS, the 250th Anniversary Steering Committee of citizen volunteers and County staff members was established by the Board of Supervisors to plan a celebration for this auspicious occasion; and WHEREAS, committee members took this special trust placed in them to heart and spent months planning and carrying out an array of diverse activities throughout the year for a wide variety of audiences of all ages and backgrounds; and WHEREAS, the broad spectrum of activities provided entertaining and educational activities that helped make Chesterfield County and its residents more aware of its rich history and proud heritage; and WHEREAS, the celebration activities also attracted positive attention of our citizens, visitors, citizens in neighboring localities and the local media; and WHEREAS, Chesterfield County and its residents were offered a unique, year-long celebration that was successful beyond that imagined by the Board of Supervisors when the committee was established. 12/15/99 99-926 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Chesterfield County's 250th Anniversary Steering Committee for a highly successful celebration of the birth of our County, expresses its appreciation for the committee's outstanding efforts on behalf of the County and its citizens, and wishes committee members success in their future personal and professional endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to the 250th Anniversary Steering Committee and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel, accompanied by Mr. Barber, Mrs. Humphrey and Mr. McHale, presented the executed resolution and a Jefferson Cup to Colonel Horace Mann, Chairman of the 250th Anniversary Steering Committee, and also to each member of the Committee and expressed appreciation for their efforts which led to a wonderful year-long celebration. Colonel Mann expressed appreciation for the support received by the Committee from the Board, as well as County employees and volunteers, which led to the success of the celebration. Mr. Harris presented Mr. Daniel with a framed photograph taken at one of the events of the celebration. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS o CONSIDERATION OF A ZONING ORDINANCE AMENDMENT RELATING TO RESIDENTIAL USES IN C-3, C-4 AND C-5 DISTRICTS Mr. Jacobson stated that, at the public hearing held November 23, 1999, the Board deferred consideration of the zoning ordinance amendment and requested additional information from staff relative to the risk of other apartment complexes being built on older commercial zoning. He further stated that there is minimal risk of multi-family projects being built in older commercial areas. On motion of Mrs. Humphrey, seconded by Mr. McHale, the following ordinance was adopted: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-159 RELATING TO RESIDENTIAL MULTIFAMILY AND TOWNHOUSE USES IN C-3, C-4 AND C-5 DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-159 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: 99-927 12/15/99 Sec. 19-159. Uses permitted with certain restrictions. The following uses shall be permitted in the C-3 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: o o o (j) Residential multifamily and townhouses, provided that: (i) No more than 30 percent of the gross acreage of any project may be used for R-MF or R-TH uses. Such uses shall be incorporated into an integrated schematic plan. (2) No such residential uses shall be permitted until the following requirements are satisfied: Construction has begun on a minimum of 50 percent of the gross site area devoted to nonresidential uses; The minimum size for a project incorporating R-TH uses is 34 gross acres, while the minimum size for a project incorporating R-MF uses is 67 gross acres; and Such uses comply with the requirements of the R-TH District or the R-MF Zoning District, except that densities for muitifamily uses may be increased to 14 units per acre. o o o (2) That this ordinance February 1, 2000. shall become effective on Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8. NEW BUSINESS 8.A. CONSENT ITEMS 8.A.1. APPROVAL OF CONTRACT WITH FITCH AND ASSOCIATES FOR A COMPREHENSIVE STUDY ON THE FEASIBILITY AND IMPLEMENTATION OF FEE-FOR-SERVICE AND OTHER RECOVERY METHODS FOR EMERGENCY MEDICAL SERVICES On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the County Administrator to execute a contract with Fitch and Associates in the amount of $79,500 for providing consulting services for a comprehensive study on the feasibility and implementation of fee-for-service and other 12/15/99 99-928 revenue recovery methods for Emergency Medical Services, subject to approval as to form by the County Attorney. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.2. APPROPRIATION OF FUNDS 8.A.2.a. FOR A ROAD RAGE GRANT FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES On motion of Mr. Barber, seconded by Mr. McHale, the Board appropriated $23,800 in additional grant funds received from the State Department of Motor Vehicles to the Police Department for implementing additional highway safety initiatives. (It is noted an in-kind match of $20,000 will be provided through in- kind services.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.2.b. FOR A JAIL IMPROVEMENT CAPITAL PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board appropriated up to $30,000 from the risk management fund's undesignated retained earnings to the General Services Buildings and Grounds FY2000 budget for improvements at the County Jail. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.2 .c. FOR THE HENRICUS FOUNDATION FOR COMPLETION OF CONSTRUCTION OF AN EDUCATION BUILDING AT HENRICUS PARK On motion of Mr. Barber, seconded by Mr. McHale, the Board appropriated $350,000 to the Henricus Foundation as a loan for completion of construction of an education building at Henricus Park and authorized the County Administrator to execute loan documents with the Henricus Foundation in a form approved by the County Attorney. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.2.d. FOR THE SMOKETREE/GORDON SCHOOL SIDEWALK PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board appropriated $200,000 in anticipated Virginia Department of Transportation supplemental reimbursements for the Smoketree/ Gordon School Sidewalk Project. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99-929 8.A.3. ADOPTION OF RESOLUTIONS 8.A.3 .a. NAMING THE 1-895 BRIDGE OVER THE JAMES RIVER THE ~VIETNAM VETERANS' MEMORIAL BRIDGE" On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the VieEnam War was this nation's longest war, starting in 1961 and ending in 1975, with more than 58,000 soldiers, sailors, airmen and Marines - men and women - killed, and more than 300,000 of the 2.5 million who served, wounded; and WHEREAS, Virginians served in the Vietnam War from the very first to the very last with a Virginian being one of the War's first casualties in 1961 and a Virginian being one of the War's last casualties in Southeast Asia in 1975; and WHEREAS, more than 230,800 Virginia Vietnam War veterans served the nation, with 1,305 Virginians, to include Chesterfield County service members, giving their lives in service to the nation in the Vietnam War and 52 Virginians still listed as missing in action; and WHEREAS, 239 men, to include ten Virginians, seven of whom died in action, were awarded the Medal of Honor, the highest award the United States can bestow upon a soldier, sailor, airman or marine for personal courage, sacrifice and risk of life clearly "above and beyond the call of duty' during combat; and WHEREAS, the soldiers, sailors, airmen and Marines returning from Vietnam never received proper recognition for their service to the nation as did returning service members from other military conflicts; and WHEREAS, the Virginia State Council of the Vietnam Veterans of America requested the 1-895 bridge over the James River, a part of the Pocahontas Parkway, be named the "Vietnam Veterans' Memorial Bridge"; and NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Chesterfield, Virginia, hereby supports the naming of the 1-895 bridge over the James River the "Vietnam Veterans' Memorial Bridge" to honor the veterans of the Vietnam War and in particular the Virginia veterans that served the nation well during that conflict. AND, BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors requests the Virginia General Assembly pass appropriate legislation to name the 1-895 bridge over the James River the "Vietnam Veterans' Memorial Bridge" to honor the Virginia veterans of the Vietnam War. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99-930 8.A.3.b. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD INDUSTRIAL DEVELOPMENT AUTHORITY FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS TO ASSIST THE VISTAS LIMITED PARTNERSHIP IN ACQUIRING, CONSTRUCTING, AND EQUIPPING A 110 UNIT HOUSING DEVELOPMENT TO BE LOCATED ON THE WEST SIDE OF IRONBRIDGE ROAD AND FALLING CREEK RESERVOIR After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the Industrial Development Authority of the County of Chesterfield (the "Authority"), has considered the application of The Vistas Limited Partnership (the "Applicant"), requesting the issuance of the Authority's revenue bonds in an amount estimated not to exceed $7,500,000 (the "Bonds") to finance the acquisition, construction and equipping of a ll0-unit housing development, to be located on the west side of Ironbridge Road and Falling Creek Reservoir, in Chesterfield County, Virginia (the "County") (the "Project"); and WHEREAS, the Authority on December 2, 1999, has held a public hearing on the issuance of the Bonds; and WHEREAS, the Authority has requested the Board of Supervisors (the "Board") of the County to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal impact statement" with respect to the issuance of the Bonds have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 1. The Board hereby approves the issuance of the Bonds by the Authority for the benefit of the Applicant, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, to permit the Authority to issue the Bonds for the purpose set forth above. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Applicant. As required by Section 15.2-4909 of the Act, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the County or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99-931 12/15/99 8.A.3 .c. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD INDUSTRIAL DEVELOPMENT AUTHORITY FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS TO ASSIST THE LAKEVIEW LIMITED PARTNERSHIP IN ACQUIRING, CONSTRUCTING, AND EQUIPPING A 108 UNIT HOUSING DEVELOPMENT TO BE LOCATED ON THE NORTH SIDE OF CHIPPEN-HAM PARKWAY, EAST OF BELMONT ROAD On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the Industrial Development Authority of the County of Chesterfield (the "Authority"), has considered the application of Lakeview Limited Partnership (the "Applicant"), requesting the issuance of the Authority's revenue bonds in an amount estimated not to exceed $7,500,000 (the "Bonds") to finance the acquisition, construction and equipping of a 108- unit housing development, to be located on the north side of Chippenham Parkway, East of Belmont Road, in Chesterfield County, Virginia (the "County") (the "Project"); and WHEREAS, the Authority on December 2, 1999, has held a public hearing on the issuance of the Bonds; and WHEREAS, the Authority has requested the Board of Supervisors (the "Board") of the County to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal impact statement" with respect to the issuance of the Bonds have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 1. The Board hereby approves the issuance of the Bonds by the Authority for the benefit of the Applicant, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, to permit the Authority to issue the Bonds for the purpose set forth above. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Applicant. As required by Section 15.2-4909 of the Act, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the County or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99-932 8.A.3 .d. REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO CONDUCT A SPEED STUDY ON ROUTE 360 IN THE VICINITY OF FORDHAM ROAD On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the follewing resolutien: WHEREAS, the Chesterfield County Board of Supervisors has received a request to conduct a speed study on Route 360 in the vicinity of Fordham Road. NOW, THEREFORE BE IT RESOLVED, that the Virginia Department of Transportation is requested to perform a speed limit study on Route 360 in the vicinity of Fordham Road and lower the speed if warranted. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.4. STATE ROAD ACCEPTANCE On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chanqe to the Secondary System of State Hiqhways: Basis for Change: Statutory Reference: Project: Addition, New subdivision street §33.1-229 Gilritchie, Section 3 Addition Deodora Court, State Route Number: 4523 From: 0.11 mile SW of Deodora Drive To: Deodora Drive, 0.05 mi of Rt. 4520,Gilritchie Dr., a distance of 0.11 miles. Right-of-way record was filed on 6/19/97 in the Office Circuit Court Clerks in Plat Book 94, Page 57, with a width of 50' 99-933 Deodora Drive, State Route Number: 4522 From: 0~13 mile West of Rt. 4520,Gilritchie Dr. To: Exst Rt 4522,Deodora Dr 0.02 mile W of Rt. 4520, a distance of 0,11 miles. Right-of-way record was filed on 6/19/97 in the Office To Clerk Of Cimuit Court in Plat Book 94, Page 57, with a width of 50' Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.5. APPROVAL OF CHANGE ORDER FOR T~ EMERGENCY COMMI3NICATIONS SYSTEM TOWERS On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the County Administrator to execute a change order to the Emergency Communications System towers contract with ROHN Industries, Incorporated in the amount of $113,810 for additional foundation work at the new communications tower sites. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.6. SET DATE FOR PUBLIC WRARING TO CONSIDER AN AMENDMENT TO THE INTRODUCTION TO TRR PLAN FOR CHESTERFIELD On motion of Mr. Barber, seconded by Mr. McHale, the Board set the date of January 26, 2000 at 7:00 p.m. for a public hearing to consider an amendment to the Introduction to The Plan for Chesterfield. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.7. AUTHORIZATION OF pLAN A~RNDMENTS TO THE CHESTERFIELD COUNTY SUPPLEMENTAL RETIREMENT PLAN, EFFECTIVE JANUARY 1, 2000 On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Plan Amendments to the Chesterfield County Supplemental Retirement Plan effective January 1, 2000. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.8. ACCEPTANCE OF PARCELS OF LAND 8.A.8.a. ALONG T~R SOUTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM STOR-ALL, LIMITED On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of two parcels of land containing a total of 0.184 acres along the south right of way line of Hull Street Road (U.S. Route 360) from Stor-All, Limited, a Florida limited partnership and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 2/ 5/99 99-934 8.A.8.b. ALONG THE EAST RIGHT OF WAY LINE OF NORTH WOOLRIDGE ROAD FROM YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER RICHMOND On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 0.124 acres along the east right of way line of North Woolridge Road from Young Men's Christian Association of Greater Richmond 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, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.8.c. ALONG THE NORTH AND WEST RIGHT OF WAY LINE OF NORTH WOOLRIDGE ROAD FROM GLEN ROY CORPORATION AND THE TUCKAHOE CARDINAL CORPORATION On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of parcels of land containing a total of 0.464 acres along the north and west right of way line of North Woolridge Road from Glen Roy Corporation and The Tuckahoe Cardinal Corporation and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plats are filed with the papers of this Board.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.8.d. ALONG TaR NORTH RIGHT OF WAY LINE OF WILLIS ROAD FROM DOSWELL PROPERTIES, INCORPORATED On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the conveyance of a parcel of land containing 0.0051 acres along the north right of way line of Willis Road (State Route 613) from Doswell Properties, 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, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.9. APPROVAL OF A SUPPLEMENTAL PIPELINE CROSSING AGREEMRNT WITH CSX TRANSPORTATION On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the County Administrator to execute a Supplemental Pipeline Crossing Agreement with CSX Transportation for existing utility crossings. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99-935 8.A.10. APPROVAL OF ASSIGNMENT OF LEASE FOR THE SOUT~ DISTRICT POLICE STATION On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the assignment of the lease for the South District Police Station to The Chester Police Station, L.L.C. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.11. AWARD OF CONSTRUCTION CONTRACTS 8.A.11.a. TO GERALD K. MOODY T/A SOUTHERN CONSTRUCTION COMPANY FOR FOX CHASE WATER LINE REPLACEMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board awarded a construction contract in the amount of $66,024.23 to Gerald K. Moody T/A Southern Construction Company for County Project #99-0135, Fox Chase Water Line Replacement 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, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.11.b. TO GERALD K. MOODY T/A SOUTHERN COMPANY FOR OUAIL HILL WATER LINE REPLACEMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board awarded a construction contract in the amount of $222,611.76 to Gerald K. Moody T/A Southern Construction Company for County Project #99-0151, Quail Hill Water Line Replacement 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, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.11.c. TO G. L. HOWARD, INCORPORATED FOR JEFFERSON DAVIS HIGHWAY WATER LINE IMPROVEMENTS On motion of Mr. Barber, seconded by Mr. McHale, the Board awarded a construction contract in the amount of $1,499,249 to G. L. Howard, Incorporated for County Project #96-0173R, Jefferson Davis Highway Water Line Improvements - Phase III; appropriated $360,000 from Fund Balance; 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, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 12/15/99 99-936 8.A.12. APPROVAL OF REQUESTS TO QUITCLAIM 8.A.12 .a. A PORTION OF A SIXTEEN FOOT SEWER EASEMENT ACROSS PROPERTY OF LEROY B. VAUGHAN On motion of Mr. Barber, seconded by Mr. McHale, 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 sewer easement across property of Leroy B. Vaughan. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.12.b. A PORTION OF A TWENTY FOOT SEWER EASEMENT ACROSS PROPERTY OF GLEN ROY CORPORATION AND THE TUCKAHOE CARDINAL CORPORATION On motion of Mr. Barber, seconded by Mr. McHale, 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 Glen Roy Corporation and The Tuckahoe Cardinal Corporation. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.12.c. A PORTION OF A SEWER AND DRAINAGE EASEMENT ACROSS PROPERTY OF SUPER RADIATOR COILS, L.P. On motion of Mr. Barber, seconded by Mr. McHale, 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 sewer and drainage easement across property of Super Radiator Coils, L.P. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.12.d. A SWM/BMP EASEMENT ACROSS PROPERTY OF SUPER RADIATOR COILS, L.P. AND ROBERT V. KATHERMAN On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a SWM/BMP easement across property of Super Radiator Coils, L.P. and Robert V. Katherman. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99-937 8.A.12 .e, A VARIABLE WIDTH BACKWATER EASEMENT ACROSS PROPERTY OF JOHN G. DANKOS, JR., MARK A. DANKOS, GLENN D. DANKOS, TRACEY L. DANKOS AND HOLLY D. ANGEL Mr. Daniel stated that he, Mr. Barber and Mr. Warren serve on the Capital Region Airport Commission with Mr. John Dankos, but that does not represent a conflict of interest which would keep them from voting on this item. On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width backwater easement across property of John G. Danoks, Jr., Mark A. Dankos, Glenn D. Dankos, Tracey L. Dankos and Holly D. Angel. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.13. REQUEST FOR PERMISSION FROM SAMMY KUMKAM TO CONSTRUCT A CONCRETE DRIVEWAY WITHIN A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS LOT 12, GARLAND HEIGHTS, SECTION E On motion of Mr. Barber, seconded by Mr. McHale, the Board approved a request from Sammy Kumkam to construct a concrete driveway within a sixteen foot drainage easement across Lot 12, Garland Heights, Section E, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.14. ADOPTION OF THE 2000 LEGISLATIVE PROGRAM AS REVISED After brief discussion relative to moving item 18. regarding elimination of tolls under Support/Oppose Requests to Legislative Requests, on motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the 2000 Legislative Program, as revised, including the movement of the elimination of tolls from Support/Oppose Requests to Legislative Requests. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.15. TRANSFER OF DISTRICT IMPROVEMRNT FUNDS 8.A.15.a. FROM DALE DISTRICT TO THE DEPARTMENT OF BUILDIN~ INSPECTION FOR DEMOLITION OF A CONDEMNED BUILDIN~ On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $3,000 from the Dale District Improvement Fund to the Building Inspection Department for demolition of a condemned building. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 22/ 5/99 99-938 8.A.15.b. FROM DALE DISTRICT TO THE POLICE DEPARTMENT FOR THE MEADOWBROOK COMMUNITY POLICING OFFICE On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $5,000 from the Dale District Improvement Fund to the Police Department for purchasing carpet and equipment for the Meadowbrook/Meadowdale Community Police Office in Meadowbrook Shopping Center. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.15.c. FROM MATOACA DISTRICT TO CHESTERFIELD COUNTY SCHOOL BOARD TO CONSTRUCT A STORAGE FACILITY FOR BASEBALL EQUIPMENT AT MATOACA HIGH SCHOOL On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $1,700 from the Matoaca District Improvement Fund to the School Board for construction of a storage facility for baseball equipment at Matoaca High School. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.15.d. FROM CLOVER HILL DISTRICT TO THE PARKS AND RECREATION DEPARTMENT FOR PLAYGROUND EQUIPMENT AND OTHER IMPROVEMENTS AT CLARENDON PARK On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $20,000 from the Clover Hill District Improvement Fund to the Parks and Recreation Department for playground equipment and other improvements to Clarendon Park. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.15.e. FROM DALE DISTRICT TO THE CHESTERFIELD COUNTY HISTORICAL SOCIETY TO PURCHASE HISTORIC SIGNS AND MARKERS FOR CASTLEWOOD AND TRINITY CHURCH On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $5,000 from the Dale District Improvement Fund to the Historical Society for creating, constructing and installing historic signs and markers in front of Castlewood and Trinity Church. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.15.f. FROM DALE DISTRICT TO THE SCHOOL BOARD TO PURCHASE VARIOUS EQUIPMRNT FOR THE MEADOWBROOK J.R.O.T.C. PROGRAM On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $5,140 from the Dale District Improvement Fund to the School Board for purchasing various equipment for the 12/15/99 99-939 Meadowbrook High School J.R.O.T.C. program. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.16. AWARD OF DESIGN CONTRACT AND TRANSFER OF FUNDS FOR THE CIRCUIT COURT BUILDING IMPROVEMENTS PROJECT On motion of Mr. Barber, seconded by Mr. McHale, the Board transferred $300,000 from the Reserve for Future Capital Improvement Projects to the Circuit Court Project and authorized the County Administrator to execute a contract in the amount of $245,744 with Moseley Harris McClintock for the design of the finish-out of the Circuit Courts Building and associated parking lot. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.17. DENIAL OF APPLICATIONS FOR OPEN SPACE USE AGREEMENTS FOR LAND USE TAXATION OF REAL PROPERTY 8,A.17,a. OWNED BY JACK DEREK AND JULIANA D. BETTY LOCATED ON TAYLOR ROAD On motion of Mr. Barber, seconded by Mr. McHale, the Board denied the application for land use taxation based on an Open Space Use Agreement made by Jack Derek and Juliana D. Betty located at 9930 Taylor Road in Matoaca District. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) And, further, the Board adopted a policy that the County will not enter into an Open Space Use Agreement in the Rural Conservation Area unless the property exceeds twenty acres or is on the County's Visual Resources Inventory. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A.17.b. OWNED BY SHERRY L. BURNETT LOCATED ON SKINQUARTER ROAD On motion of Mr. Barber, seconded by Mr. McHale, the Board denied the application for land use taxation based on an Open Space Use Agreement made by Sherry L. Burnett located at 23431 Skinquarter Road in Matoaca District. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 8.A,18. INITIATION OF A~RNDMRNT TO ZONING CASE 98SN018B On motion of Mr. Barber, seconded by Mr. McHale, the Board initiated an amendment to zoning case number 98SN0185 to consider modification of proffered condition 7.f. for deleting 99-940 the raised median within Beach Road from Route 10 to Krause Road. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS MR. JAMES JONES REGARDING CONSIDERATION OF NAMING INTERSTATE 295 THE KOREAN VETERANS MEMORIAL HIGHWAY Mr. James Jones, President of Chapter 143, Korean War Veterans Association, stated that the year 2000 will mark the 50th anniversary of the beginning of the Korean War. He further stated that he began an effort to have Interstate 295 designated and posted as "The Korean War Veterans Memorial Highway" by writing to Governor Gilmore and that he was informed by the Secretary of Transportation that a resolution from the governing bodies of the counties and/or incorporated places through which the road passes supporting the naming of Interstate 295 as "The Korean Veterans Memorial Highway" would be required by the Commonwealth Transportation Board. He requested that the Board adopt this resolution. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules to add Item 9.A., Adoption of Resolution Naming Interstate 295 as "The Korean War Veterans Memorial Highway." Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 9.Ao ADOPTION OF RESOLUTION NAMING INTERSTATE 295 AS "THE KOREAN WATER VETERANS MEMORIAL HIGHWAY" On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, from 1950 to 1953, brave soldiers from the United States of America fought in the Korean War to defend and preserve the freedom of South Korea from Communist Chinese and North Korean armed forces; and WHEREAS, despite the fact that 1.5 million American men and women served in this desperate fight for freedom, of whom 54,246 were killed, 103,284 wounded and 8,177 missing in action and unaccounted for, the Korean War has sadly become known as "The Forgotten War"; and WHEREAS, the Greater Richmond Chapter 143 of the Korean War Veterans Association has asked that the Chesterfield County Board of Supervisors expresses its support for designating and marking Interstate 295 as The Korean War Veterans Memorial Highway by an act of the General Assembly or resolution of the Commonwealth Transportation Board; and WHEREAS, it is the desire of this Board to honor and recognize the sacrifices of our Korean War veterans in the year 2000, during which the fiftieth anniversary of the Korean War will be observed; and 99-941 WHEREAS, the naming of the Interstate 295 as The Korean War Veterans Memorial Highway would be a visible tribute to Korean War veterans, both living and dead, and a lasting reminder of the Korean War to all who travel upon this highway. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Chesterfield, Virginia, hereby supports the request of the Greater Richmond Chapter 143 of the Korean War Veterans Association to name Interstate 295 as The Korean War Veterans Memorial Highway. AND, BE IT FURTHER RESOLVED, that copies of this resolution be provided to the Governor of the Commonwealth of Virginia, the members of Chesterfield County's Legislative delegation and the Commonwealth Transportation Board, urging their support and approval of this request as a recognition of those who served our Country in the Korean War. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules to add Item 9.B., Addition of Support Item to the 2000 Legislative Program. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 9oB. ADDITION OF NAMING OF SUPPORT ITEM TO THE 2000 LEGISLATIVE PROGRAM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board added the naming of Interstate 295 as "The Korean War Veterans Memorial Highway" to the list of support items for the County's 2000 Legislative Program. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 10. REPORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, 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, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99-942 12/15/99 11. CLOSED SESSION PURSUANT TO SECTION 2.1-344A.7., CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS WITH COUNSEL PHILLIPS v. RUSSELL AND PEDDLE AND PURSUANT TO SECTION 2.1-344a.7., CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC APPOINTEE OF THE BOARD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board went into a Closed Session pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as amended, to discuss with counsel Phillips v. Russell and Peddle and pursuant to Section 2.1- 344(A), Code of Virginia, 1950, as amended, relating to the performance of a specific appointee of the Board. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 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 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. Daniel: Aye. Mr. Warren: Absent. 12. DINNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Reconvening: 99-943 12/15/99 13. INVOCATION Reverend Linwood Cook, pastor of Beulah United Methodist Church, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO T~R FLAG OF T~R UNITED STATES OF AMERICA Rear Admiral Mark A. Young, Supply Corps, United States Navy, led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING THE HONORABLE HARRY G. DANIEL FOR TWENTY YEARS OF SERVICE TO THE CHESTERFIELD COUNTY BOARD OF SUPERVISOB~ WHEREAS, Mr. Harry G. Daniel was first elected to the Board of Supervisors in 1979, representing the Dale magisterial district; and WHEREAS, Mr. Daniel has served honorably for 20 years, providing his constituents and all the citizens of Chesterfield County with public service marked by integrity and commitment; and WHEREAS, Mr. Daniel has served five terms, and has been elected by his peers six times to serve as Chairman of the Board of Supervisors; and WHEREAS, Mr. Daniel's leadership and insight have significantly contributed to steady, noteworthy improvement in Chesterfield County's quality of life and stature as a nationally-recognized leader among local governments; and WHEREAS, Mr. Daniel has also lent his talents to service on the Capital Region Airport Commission; and with the Virginia Association of Counties, including service as president; the Richmond Regional Planning Commission; the Metropolitan Economic Development Council; the Greater Richmond Partnership; the Chesterfield Planning Commission; the Capital Area Assembly; the Carpenter Center; the Richmond Symphony Board of Directors; the Virginia Advisory Commission on Intergovernmental Relations; the Metropolitan Business Foundation; the Richmond Metropolitan Stadium Operating Committee; Leadership Metro; Governor Allen's Commission on Champion Schools; the Metro Richmond Air Quality Committee and other agencies, including serving as Chairman of many of these organizations; and WHEREAS, Mr. Daniel introduced the concept of a county charter, which won approval from the voters and the unanimous consent of the General Assembly; and WHEREAS, Mr. Daniel led the effort to have Chesterfield County become a member of the Capital Region Airport Commission, giving Chesterfield proportionate representation with Richmond and Henrico; and WHEREAS, Mr. Daniel was instrumental in effecting significant transportation improvements in the county, 2/ 5/99 99-944 including Route 288 North; Interstate 95's Walthall interchange; Chippenham Parkway; Hull Street Road; Interstate 895; Courthouse Road and Hopkins Road, among others; and WHEREAS, Mr. Daniel is concluding his long tenure on the Board of Supervisors as Chairman during the year when Chesterfield County celebrated its 250th Anniversary; lowered the BPOL tax; attained the prestigious ACE award for continuing excellence; ensured the County's readiness for Y2K; cooperated with our regional partners to break ground on a greatly expanded Richmond Convention Center; and earned 24 National Association of Counties awards, more than any other Virginia locality for the last three consecutive years; and WHEREAS, Mr. Daniel's insight, leadership and many talents will be missed, but long will be remembered by the Board of Supervisors and the citizens of Chesterfield County, Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors publicly recognizes Mr. Harry G. Daniel, extends sincerest appreciation for a noteworthy career in public service, and best wishes for many more years of good health and happiness in his retirement. Ayes: Barber, Humphrey and McHale. Nays: None. Absent: Warren. Abstain: Daniel. Mr. Ramsey presented the executed resolution to Mr. Daniel and expressed appreciation for his many years of dedicated service. Mr. McHale presented an engraved chairman's plaque, commemorating six terms as Chairman of the Board of Supervisors, to Mr. Daniel, congratulated him on twenty successful years of public service, and wished him well in future endeavors. Mr. Barber presented an engraved platter to Mr. Daniel and congratulated him on a successful public service career. Mrs. Humphrey presented gifts, including a racing scanner and headphones to Mr. Daniel, expressed appreciation for his dedicated service, and wished him a long and happy retirement. Mr. Daniel expressed appreciation to everyone involved for the wonderful retirement celebration that he was honored with. Mr. Carmichael and Mr. Cordle presented Mr. Daniel with a framed resolution, on behalf of the County's Constitutional Officers, expressed appreciation for his outstanding service as Dale District Supervisor, and wished him well in his retirement. Mr. Don Unmussig, former president of Chesterfield Baseball Clubs, presented Mr. Daniel with a plaque in appreciation of his commitment to youth sports during his service. Mr. Daniel was then presented with an album containing memorabilia from the past twenty years and a photograph album of his retirement party. Mr. Daniel expressed appreciation for the overwhelming recognition and wished the newly elected Board of Supervisors well. 12/15/99 99-945 A standing ovation followed. 15 .A. RECOGNIZING MR, KELLY MILLER FOR HIS SERVICE TO THE CHESTERFIELD COUNTY PLANNING COMMISSION Mr. Daniel introduced Mr. Kelly Miller, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Kelly E. Miller represented the Dale District as a member of the Chesterfield County Planning Commission for nearly eighteen years, serving as Chairman during most of 1986, and also in 1987 through 1989, 1992, 1996 and 1999; and WHEREAS, during his service on the Planning Commission Mr. Miller actively supported the development of a thoughtful, well researched Comprehensive Plan and its detailed area corridor and village plans, to guide new construction and enhancement of existing communities; and WHEREAS, Mr. Miller actively promoted the initiation, development, and adoption of the Central Area Plan; and WHEREAS, Mr. Miller attended over 75 citizen participation meetings and led efforts to resolve the differing community opinions of how to develop the area surrounding the County Airport; and WHEREAS, Mr. Miller stimulated and encouraged citizens to participate in long-term efforts to improve and maintain the Meadowbrook Area Communities; and WHEREAS, Mr. Miller championed the Route 10 Corridor Overlay District which established quality development standards for Route 10, eventually leading to the Emerging Growth District Standards, the Special Sign District and the 1989 rewriting of the Zoning Ordinance; and WHEREAS, Mr. Miller was instrumental in fostering the coordinated Chippendale development of the Route 10/Chippenham interchange; and WHEREAS, Mr. Miller actively participated on Chesterfield County's Watershed Management Committee which developed programs to protect Countywide water resources and developed the Water Quality Standards for the Upper Swift Creek Watershed and also participated in the development of numerous ordinance amendments which includes, among many, a modern zoning ordinance, subdivision regulations and numerous quality development ordinances; and WHEREAS, Mr. Miller's support for citizen participation in the zoning and development process resulted in numerous citizen notification procedures, appeal rights and his personal commitment to meet and discuss issues of concern to County citizens; and WHEREAS, Mr. Miller provided leadership in the development of historically compatible new buildings at the Chesterfield County Courthouse; and 2/ 5/99 99-946 WHEREAS, Mr. Miller championed the importance of private property rights in numerous discussions on proposed development standards, plans and ordinances and also championed the importance of protecting individual home owners as new development occurred around them; NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Kelly E. Miller, extends sincere appreciation for his outstanding service to the Chesterfield County Planning Commission, and wishes him continued success in his newly elected position as Dale District Supervisor. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel presented the executed resolution and a plaque commemorating his service on the Planning Commission to Mr. Miller, expressed appreciation for his dedicated service as Dale District. Planning Commissioner, and wished him continued success as Dale District Supervisor. Mr. Miller expressed appreciation to the Board for the recognition and for their support of the Planning Commission, and also to his Planning Commission colleagues for their support over the years. 15.B. RECOGNIZING DEFENSE SUPPLY CENTER RICHMOND FOR THEIR CONTRIBUTION TO CHESTERFIELD COUNTY BY NAMING THEM THE CHESTERFIELD COUNTY LARGE BUSINESS OF THE YEAR FOR 1999 Mr. Dunn introduced Rear Admiral Mark Young, Commander of Defense Supply Center Richmond (DSCR), Ms. Donna Poore, Public Affairs Officer for DSCR, Ms. Brenda Ryan, DSCR's School Partnership Manager, and Ms. Mary Studevant, Executive Staff Officer of DSCR. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the County that contribute to the County's economy and its citizens; and WHEREAS, Defense Supply Center Richmond is located at 8000 Jefferson Davis Highway and has supported Chesterfield County Public Schools in various programs; and WHEREAS, Defense Supply Center Richmond has participated in partnerships with three Chesterfield County Schools -- Bensley and Bellwood Elementary, and Meadowbrook High School; has matched 15 deaf Salem Middle School students with deaf employees at Defense Supply Center Richmond for a day of job shadowing; and has provided 150 full-time volunteers and 50-75 special project volunteers; and WHEREAS, Defense Supply Center Richmond is the second largest employer in the County with 3,000 employees; ranks among the top ten employers in the Richmond metro area; and has payroll and operating expenses of $230 million. 99-947 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Defense Supply Center Richmond and expresses its appreciation, on behalf of the County, for their many contributions by recognizing them as the 1999 Large Business recipient of the Chesterfield County Business Appreciation and Recognition Award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Defense Supply Center Richmond and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. McHale, accompanied by Mr. Daniel, presented the executed resolution to Rear Admiral Young and an engraved silver plate to Ms. Foore, commended Defense Supply Center Richmond for their many contributions to the County, and congratulated them for being the 1999 Large Business recipient of the Chesterfield County Business Appreciation and Recognition Award. Rear Admiral Young expressed appreciation to the Board for the recognition. 15 .C. RECOGNIZING DEFENSE SUPPLY CENTER RICHMOND FOR THEIR SUPPORT OF PUBLIC SAFETY Chief Elswick introduced Rear Admiral Mark Young, Commander of Defense Supply Center Richmond(DSCR), Mr. Dennis Lacey, Director of Security for DSCR, and Mr. Guy Murdock, Fire Chief for DSCR, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Defense Supply Center Richmond has supported Chesterfield County public safety in various programs; and WHEREAS, the Defense Supply Richmond Fire Department was selected as the Defense Logistics Agency Fire Department of the Year for 1999; and WHEREAS, this award is based upon customer service, innovativeness, implemented quality management principles and initiatives, quality of life initiatives and other measurable factors; and WHEREAS, the Defense Supply Center Richmond Fire Department is the only fire department to have received this award twice and the only one to have received the award for two consecutive years; and WHEREAS, Rear Admiral Mark A. Young is commended for his superb leadership which has allowed the Defense Supply Center Richmond Fire Department to achieve this distinguished recognition along with the day to day leadership of Fire Chief Guy W. Murdock; and WHEREAS, the fire department is an active part of the Defense Supply Center Richmond Public Safety Department under the direction of Mr. Dennis B. Lacey; and 99-948 WHEREAS, Chesterfield County is very proud that the Defense Supply Richmond Fire Department and the Chesterfield Fire Department enjoy a mutual aid agreement for the mutual benefit of Defense Supply Center Richmond and the citizens of Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Defense Supply Center Richmond Fire Department; expresses appreciation for their support of public safety in Chesterfield County; and commends them on the receipt of such a prestigious award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Defense Supply Center Richmond and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. McHale, accompanied by Mr. Daniel, presented the executed resolution to Chief Murdock, congratulated DSCR for being selected as the Defense Logistics Agency Fire Department of the Year, and expressed appreciation for DSCR's support of public safety in the County. Mr. Murdock expressed appreciation for the recognition. 15 .D. RECOGNIZING MR. MEIR BINSHTOK FOR HIS SUPPORT OF CHESTERFIELD COUNTY BUILDING INSPECTION'S CITIZEN EDUCATION EFFORTS Mr. Dupler introduced Mr. Meir Binshtok, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Meir Binshtok, otherwise known as "Mr. Fix- It," has worked as a reputable contractor in Chesterfield County for 30 years; and WHEREAS, Mr. Binshtok has been supportive of the strategic goals of Chesterfield County; and WHEREAS, Mr. Binshtok has demonstrated this support by including the Department of Building Inspection on his "Mr. Fix-It Show," a live, one hour home improvement television program, aired on BLAB-TV, Chesterfield County Comcast channel 8 on Tuesday nights, from 9:00 p.m. to 10:00 p.m.; and WHEREAS, Mr. Binshtok, over the past several years, has invited staff from the Department of Building Inspection to be guests on his show numerous times; and WHEREAS, Mr. Binshtok has allowed his guests from the Department of Building Inspection to publicize issues of interest to County citizens; and WHEREAS, Mr. Binshtok has offered an open invitation to the Department of Building Inspection for future appearances on his show, three to four times per year; and 99-949 12/15/99 WHEREAS, this is an opportunity for the Department of Building Inspection to showcase the department's vision statement and the County's strategic goals and provide valuable information to the viewing public, as well as answer their questions and respond to their concerns about construction, via "The Mr. Fix-It Show"; and WHEREAS, Mr. Binshtok embraces the highest standards of ethics and integrity and has exemplified the highest degree of professionalism, technical expertise and service to the citizens of Chesterfield County; and WHEREAS, Chesterfield County looks forward to the continued cooperation, support and excellence in public service Mr. Binshtok provides for the Department of Building Inspection and the citizens of Chesterfield County through the "Mr. Fix-It Show." NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly commends Mr. Meir Binshtok, otherwise known as "Mr. Fix-It," on his achievements, professionalism and community service to the citizens of Chesterfield County and expresses their grateful appreciation for his continued efforts in providing access to his home improvement television program, "The Mr. Fix-It Show" as a means of assisting the Department of Building Inspection in educating Chesterfield County citizens about construction and renovation of structures in order to "Provide A First Choice Community Through Excellence In Public Service." Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel presented the executed resolution to Mr. Binshtok and expressed appreciation for his assistance in the Building Inspection Department's efforts to educate the public regarding safe building. Mr. Binshtok expressed appreciation to the Board for the recognition and to the Building Inspection Department for their efforts in promoting the safe building industry. 15 .E. RECOGNIZING COMMUNITY "EMPLOYER PARTNERS" IN SUPPORT OF EMPLOYMENT OF PERSONS WITH DISABILITIES 15.E.1. WEN-RICH, INCORPORATRD Mr. Hammer introduced Mr. Donald Allen, Chief Excecutive Officer of WEN-RICH, Incorporated and Mr. Dave Graybeal, WEN- RICH, Incorporated's District Manager, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, WEN-RICH, Incorporated, a franchise of Wendy's International has been an employer partner of Chesterfield Employment Services (CES), demonstrating commitment to employing persons with disabilities since 1990; and WHEREAS, WEN-RICH, Incorporated currently employs six individuals with disabilities in five area locations and has provided numerous job opportunities for CES consumers over the years; and 2/ 5/99 99-950 WHEREAS, the support of WEN-RICH, Incorporated has been demonstrated by initiating many of the employment placements within their business and participating in the CES Quality Council; and WHEREAS, in 1992 the company management of the Hopkins Road store participated in the filming of the Chesterfield Public School video "Project Smooth." NOW, THEREFORE BE IT RESOLVED, 'that the Chesterfield Board of Supervisors hereby publicly recognizes WEN-RICH, Incorporated and expresses sincere appreciation for its continued commitment as a Chesterfield County business community employer partner in support of the mental health, mental retardation and substance abuse service programs provided to citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to WEN-RICH, Incorporated and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel presented the executed resolution to Mr. Allen, accompanied by Mr. Graybeal, and expressed appreciation for WEN-RICH, Incorporated's support of the County's mental health, mental retardation and substance abuse service programs. Mr. Allen expressed appreciation to the Board for the recognition and stated that WEN-RICH is a better corporation because of the employees he has received through Chesterfield Employment Services. 15.E.2. SERVICE MANAGEMENT SYSTEMS Mr. Hammer introduced Mr. Cecil Slowley, Regional Vice President of Service Management Systems, Incorporated, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Service Management Systems, Incorporated, a Tennessee based company that provides cleaning services for Chesterfield Towne Center shopping mall, is recognized as an employer partner of Chesterfield Employment Services; and WHEREAS, the corporate executives of Service Management Systems, Incorporated have demonstrated the commitment to employing persons with disabilities by seeking out and hiring individuals with disabilities through the Chesterfield Employment Services program; and WHEREAS, Service Management Systems, Incorporated currently employs four individuals with disabilities, two of whom are employed full time with company employee benefits; and WHEREAS, the support of Service Management Systems, Incorporated has been demonstrated by providing transportation for two consumers to the job site in addition to providing flexible scheduling to help meet the behavioral health needs of workers. 99-951 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby publicly recognizes Service Management Systems, Incorporated and expresses sincere appreciation for its continued commitment as a business community employer partner in support of the mental health, mental retardation and substance abuse service programs provided to citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Service Management Systems, Incorporated and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel presented the executed resolution to Mr. Slowley and expressed appreciation for Service Management Systems, Incorporated's support of the County's mental health, mental retardation and substance abuse service programs. Mr. Slowley expressed appreciation to the Board for the recognition. 15.E.3. ERNI COMPONENTS Mr. Hammer introduced Mr. Willy Rau, President and Chief Operating Officer of ERNI Components, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, ERNI Components is recognized as an employer partner of Chesterfield Employment Services (CES); and WHEREAS, ERNI Components has demonstrated the commitment to employ persons with disabilities by welcoming eight to ten additional consumers to join'the company team over the next four months; and WHEREAS, ERNI Components has established a flexible partnership with CES which allows consumer work schedules based on transportation availability; and WHEREAS, the support of ERNI Components has been further demonstrated by providing an important business reference to other organizations and businesses considering an employment partnership with CES for persons with disabilities. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby publicly recognizes ERNI Components and expresses sincere appreciation for its continued commitment and example to the business community as an employer partner in support of the mental health, mental retardation and substance abuse service programs provided to citizens of Chesterfield County. 99-952 AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to ERNI Components and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel presented the executed resolution to Mr. Rau and expressed appreciation for ERNI Components' support of the County's mental health, mental retardation and substance abuse service programs. 15 .G. RECOGNIZING CHESTERFIELD 4-H MEMBERS, PARENTS AND VOLUNTEERS WHO PARTICIPATED IN THE 38TH ANNUAL STATE %-H HORSE SHOW Mr. Nunnally recognized approximately 40 4-H members and 13 volunteers who represented the County in the 38th Annual State 4-H Horse Show held at the State Fair of Virginia. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield 4-H Horsemanship program is designed to help youth develop leadership skills and responsibility through horse related educational programs; and WHEREAS, Chesterfield's 4-H Horse program of six clubs and one-hundred and twenty-three 4-H members is among the largest in Central Virginia; and WHEREAS, the State 4-H Horse Show conducted during the State Fair of Virginia is the largest youth horse show on the east coast and serves as a showcase for the skills and development learned through 4-H; and WHEREAS, forty 4-H members and thirteen volunteers represented Chesterfield County in an exemplary manner during this event. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the participants, their parents, volunteers and the 4-H Extension Agent for their outstanding achievement and representation of Chesterfield County Youth at this prestigious event. AND, BE IT FURTHER RESOLVED, that this resolution be permanently filed with the records of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mrs. Humphrey, accompanied by Mr. Daniel, presented the executed resolution to Ms. Robin Phillips, volunteer with the Silver Spurs 4-H Club, accompanied by numerous 4-H members, parents and volunteers and congratulated them on their outstanding achievements. 12/15/99 99-953 15 .H. RECOGNIZING THE C~RSTERFIELD BASEBALL CLUBS NATIONAL LEAGUE 15.H.1. BRONCO ALL-STAR TEAM Mr. Golden introduced Mr. Richard Worcester, Chesterfield Baseball Clubs. President of Mr. Worcester introduced Mr. Mark Mitchell, Mr. Rob Filegar and Mr. Scott Laidlow, coaches of the Chesterfield Baseball Clubs National Bronco All-Star Team. Coach Mitchell introduced members of the Bronco All-Star Team, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, participation in sports has long been an integral part of Chesterfield County's educational, physical, and emotional development for students; and WHEREAS, the 1999 Chesterfield Baseball Clubs Bronco Team, coached by Mr. Mark Mitchell, Mr. Rob Filegar, and Mr. Scott Laidlow participated and finished First Place in the District, Sectional, and Regional tournaments and the East Coast Zone Tournament; and WHEREAS, by winning the East Coast Zone Tournament, the team advanced to the Pony Baseball's World Series in Monterey, California where the team finished Fourth Place - a tournament consisting of teams from California, Florida, Illinois, Puerto Rico, Taiwan, and Virginia; and WHEREAS, under the guidance and direction of Mr. Mitchell, Mr. Filegar, and Mr. Laidlow, the team had an overall won-lost record of 17-3 and included players: Kevin Buckner, Alan Buford, Ryan Filegar, Chris Jackson, Chad Kuchem, Eric Laidlow, Rusty Linville, Spencer Marusco, Scan Mitchell, Trevor Seabrook, Ryan Thompson, and Adam Warf. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the 1999 Chesterfield Baseball Clubs National Broncos All-Star Team for their outstanding representation of Chesterfield County, commends them for their commitment to excellence in academics as well as athletics, and expresses their best wishes for continued success. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel presented the executed resolutions to Mr. Mitchell, and also to members of the Chesterfield Baseball Clubs National Bronco All-Star Team, and congratulated them on an excellent season. Mr. Mitchell expressed appreciation to the Board for the recognition. 99-954 15.H.2. PONY ALL-STAR TEAM Mr. Worcester introduced Mr. Robert Dodd, Mr. Jim Smith and Mr. Ed Codemo, coaches of the Chesterfield Baseball Clubs National Pony All-Star Team. Coach Dodd introduced members of the National Pony All-Star Team, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, participation in sports has long been an integral part of Chesterfield County's educational, physical, and emotional development for students; and WHEREAS, the 1999 Chesterfield Baseball Clubs Pony Team, coached by Mr. Robert Dodd, Mr. Jim Smith, and Mr. Ed Codemo, participated and finished First Place in the District Tournament and the East Coast Zone Tournament; and WHEREAS, by winning the East Coast Zone Tournament, the team advanced to the Pony Baseball's World Series in Washington, Pennsylvania where the team finished Fourth Place - a Tournament consisting of teams from California, Indiana, Georgia, Pennsylvania, China, Puerto Rico and Virginia; and WHEREAS, under the guidance and direction of Mr. Dodd, Mr. Smith, and Mr. Codemo, the team had an overall won-lost record of 7-4 and included players: Thomas Cary, Chris Codemo, Drew Dixon, Kyle Dodd, Andy Furr, Sean Gregory, Ryan Lumpkin, Nathan Martin, Alan Moore, Stephen Partin, Tim Rohman, Israel Santana and Zach Smith. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the 1999 Chesterfield Baseball Clubs National Pony All-Star Team for their outstanding representation of Chesterfield County, commends them for their commitment to excellence in academics as well as athletics and expresses their best wishes for continued success. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Daniel presented the executed resolutions to Mr. Dodd, and also to members of the Chesterfield Baseball Clubs National Pony All-Star Team, and congratulated them on an excellent season. Mr. Dodd expressed appreciation recognition. to the Board for the 15.F. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 15.F.1. GEORGE W. ZUBAN, JR., MATOACA DISTRICT Mr. Hammer introduced Mr. George W. Zuban, Jr., who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 99-955 12/15/99 WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. George W. Zuban, Jr., Troop 822, sponsored by Bethia United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, George 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. George W. Zuban, Jr. and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mrs. Humphrey presented the executed resolution and patch to Mr. Zuban, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Zuban expressed appreciation to the Board for the recognition and also to his family and members of his troop for their support. 15.F.2. KEITH LELAND JOHNSON, CLOVER HILL DISTRICT Mr. Hammer introduced Mr. Keith Leland Johnson, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath'and Law; and 99-956 WHEREAS, Mr. Keith Leland Johnson, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, 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 Leland Johnson and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mrs. Humphrey presented the executed resolution and patch to Mr. Johnson, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Johnson expressed appreciation to the Board for the recognition and also to his parents and scoutmaster for their support. Mr. Daniel requested a five minute recess. Reconvening: 16. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMRNDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR T~RRE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 99SN0311 In Clover Hill Magisterial District, REALTICORP requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). Commercial uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. This request lies on 13.7 acres known as 8238 and 8260 Hull Street Road. Tax ID 759-692-6088 and 759-693-Part of 8413 (Sheet 11). Mr. Jacobson stated that the applicant has requested a deferral to January 26, 2000. Mr. John Easter, representing the applicant, requested a deferral to January 26, 2000. There was no one present to speak to the deferral. 99-957 12/15/99 On motion of Mr. Daniel, seconded by Mr. McHale, deferred Case 99SN0311 to January 26, 2000. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. the Board 00SN0173 In Bermuda Magisterial District, LIBERTY PROPERTY DEVELOPMENT CORP. requested an amendment to a Conditional Use Planned Development (Case 87S039) and amendment of zoning district map relative to uses permitted and other standards. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. This request lies in a Residential (R-15) District on 8.7 acres fronting in two (2) places for approximately 430 feet on the north line of East Hundred Road, also fronting approximately 600 feet on the west line of Kingston Avenue and located in the northwest quadrant of the intersection of these roads. Tax ID 818-652-Part of 9615 (Sheet 27). Mr. Jacobson stated that the staff has requested a deferral to January 26, 2000, pending the Planning Commission's recommendation on this case. Mr. John Cogbill, representing the applicant, stated that the recommendation for a deferral to January 26, 2000 is acceptable. There was no one present to speak to the deferral. On motion of Mr. McHale, seconded by Mr. Barber, the Board deferred Case 00SN0173 until January 26, 2000. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 00SN0126 (Amended) In Bermuda Magisterial District, TIDEWATER FIBRE CORPORATION - MICHAEL BENEDETTO requested rezoning and amendment of zoning district map from Light Industrial (I-l) to Heavy Industrial (I-3) with Conditional Use Planned Development to allow setback exceptions on 3.8 acres plus proffered conditions on an adjacent 11.4 acre parcel currently zoned Heavy Industrial (I- 3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies on 15.2 acres fronting approximately 775 feet on the west line of Old Stage Road, approximately 700 feet south of Coyote Drive. Tax ID 802-657-9750 and 803-657- 0311 (Sheet 27). Mr. Jacobson stated that the staff has requested a deferral to January 26, 2000, pending the Planning Commission's recommendation on this case. No one was present representing the applicant. There was no one present to speak to the deferral. 99-958 On motion of Mr. McHale, seconded by Mr. Barber, the Board deferred Case 00SN0126 until January 26, 2000. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99SN0295 In Bermuda Magisterial District, JACK T. AND NINA V. SHOOSMITH requested rezoning and amendment of zoning district map from Corporate Office (0-2) and Agricultural (A) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use which could include corporate office and multi-family residential uses of 7 to 10 units per acre and residential use of 1.01 to 2.5 units per acre. This request lies on 20.5 acres fronting approximately 1250 feet on the south line of Iron Bridge Road, approximately 1000 feet on the east line of Branders Bridge Road and approximately 900 feet on the north line of West Hundred Road and located at the intersection of these roads. Tax ID 782-651-3577, 4567, 5761, 7069 and 9075; 782-652-0316, 5011 and 9213; and 783-652-1315 (Sheet 26). Mr. Jacobson stated that the staff has recommended that the case be remanded to the Planning Commission because of new proffered conditions received after the Planning Commission's hearing of the case. Mr. McHale stated that he is one-thirtieth owner of an adjacent property, declared a Conflict of Interest under the Virginia Conflict of Interest Act regarding this request, and excused himself from the meeting. It was generally agreed that the Board would hear the case rather than remand it to the Planning Commission. 995N0308 (Amended) In Bermuda Magisterial District, BOZE INVESTMENTS LLC (SCOTT BOZE) requested rezoning and amendment of zoning district map from Agricultural (A) to Light Industrial (I-l) with Conditional Use Planned Development to permit use and bulk exceptions and exceptions to screening requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 2.7 acres known as 900 Bermuda Hundred Road. Tax ID 820-652-6507 (Sheet 27). Mr. Jacobson stated that the staff has requested that the case be remanded to the Planning Commission because of changes in the proffered conditions. Mr. Scott Boze, representing the applicant, stated that staff's recommendatlon to remand the case to the Planning Commission is acceptable. There was no one present to speak to the remand. 99-959 12/15/99 On motion of Mr. McHale, seconded by Mr. Barber, the Board remanded Case 99SN0308 to the Planning Commission. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. OOSNOllO (Amended) In Bermuda Magisterial District, SUZANNE AND SON LLC requested Conditional Use Planned Development and amendment of zoning district map to permit a child care center and to allow bulk and development standards exceptions in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood transition use. This request lies on 3.0 acres known as 13701 Harrowgate Road. Tax ID 791-645-3016 (Sheet 34). Mr. Jacobson presented a summary of Case 00SN0110 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. He noted that the request conforms to the Southern and Western Area Plan. Ms. Suzanne Withersheim stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0110 subject to the following conditions: Except as stated herein, any new development or redevelopment for child care use shall conform to the requirements of the Zoning Ordinance for Corporate Office (0-2) Districts in Emerging Growth Areas. (P) In addition to the Emerging Growth Area requirements for architectural treatment, any new development or redevelopment for child care use shall have an architectural style compatible with surrounding residential neighborhoods. Compatibility may be achieved through use of similar building massing, materials, scale or other architectural features. (P) Except where existing improvements encroach, a minimum fifty (50) foot buffer shall be maintained along the southern property line. This buffer shall conform to the requirements of the Zoning Ordinance for buffers, Section 19-520 through 19-522. (P) A twenty (20) foot exception to the fifty (50) foot setback requirement of parking from Happy Hill Road and a ten (10) foot exception to the thirty (30) foot side yard setback requirement for buildings from the southern property line shall be granted. (P) o An exception to the requirement that parking areas and driveways be designed to provide an area for drop-off and pick-up shall be granted. (?) And, further, conditions: the Board accepted the following proffered 12/15/99 99-960 Prior to any site plan approval, forty-five (45) feet of right-of-way on the west side of Happy Hill Road and sixty (60) feet of right of way on the east side of Harrowgate Road, measured from the centerline of that part of those roads immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) No direct access shall be provided from the property to Harrowgate Road. (T) Direct access from the property to Happy Hill Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) Prior to issuance of an occupancy permit for any day care use, the ditch along the west side of Happy Hill Road shall be relocated along the entire property frontage to provide an adequate shoulder and additional pavement shall be constructed along Happy Hill Road at the approved access to provide left and right turn lanes, if warranted based on Transportation Department standards. The developer shall dedicate free and unrestricted, to and for the benefit of Chesterfield County any additional right- of-way (or easements) required for these road improvements. (T) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 00SN0111 In Midlothian Magisterial District, BROOKSTONE ASSOCIATES, L. C. requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15) of 185 acres and to Residential (R-25) of 306 acres. Single family residential uses are planned. Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District and up to 1.74 units per acre in a Residential (R-25) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 unit per acre or less. This request lies on 491 acres fronting approximately 2,400 feet on the south line of Robious Road, also fronting approximately 2,100 feet on the north line of Robious Road approximately 400 feet west of Robious Forest Way, south of, and adjacent to, the James River. Tax ID 726-724-1420 (Sheet 1). Mr. Jacobson presented a summary of Case 00SN0111 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Old Gun/Robious Area Plan. Mr. Andy Scherzer, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 00SN0111 and accepted the following proffered conditions: 99-961 o For the purposes of these proffers, the "Plan" shall be the plan prepared by Balzer and Associates, Inc., entitled "Ashineff Tract" and dated October 29, 1999. (P) A maximum of 450 dwelling units shall be permitted. (P) All lots on Parcel A (R-15) shall have a minimum 110 foot lot width and shall have a minimum lot size of 22,000 square feet. (P) The gross floor area of each one story dwelling unit within Parcel A shall have a minimum of 2200 square feet. The gross floor area of all other dwelling units within Parcel A shall have a minimum of 2500 square feet. (P) The gross floor area of each one-story dwelling unit within Parcel B shall have a minimum of 2500 square feet. The gross floor area of all other dwellings units within Parcel B shall have a minimum of 2700 square feet. Ail dwelling units located on lots abutting Brookstone Subdivision shall be one and one-half stories or greater in height and contain a minimum gross floor area of 2700 square feet. (P) Within that area designated as Parcel C, and within 400 feet of Salisbury, Cross Creek and Robious Forest Subdivisions, and Tax ID # 722-720-0108, 0794, 0079 and 8360, development shall conform to the requirements of the Residential (R-40) District. The boundaries of Parcel C shall be as generally shown on the "Plan"; provided, however, that the exact boundaries shall be determined at the time of tentative subdivision review. Under any circumstances, Parcel C shall have a minimum of 250 acres provided, however, that the acreage may be decreased by a maximum of ten (10) percent based upon topographical or other natural features which would provide a logical delineation between the different parcels. No lot shall be located within more than one (1) Parcel (i.e. Parcels B and C). Specifically, any lot within Parcels B or C shall be located entirely~eithin the boundaries of either Parcel B or C. (P) The gross floor area of each one story dwelling unit within Parcel C shall have a minimum of 2700 square feet. The gross floor area of all other dwelling units within Parcel C shall have a minimum of 3000 square feet. (P) Ail exposed portions of the foundation of each dwelling shall be covered with brick or stone veneer or drivit type materials. (P) In conjunction with the recordation of the each subdivision plat, covenants shall be recorded which state the following: Ail dwellings that provide a garage shall employ side or rear entry garage designs, except that front entry garage designs may be permitted provided that garage doors are at least twenty (20) feet behind the front facade of the house and the view of garage doors from the street is minimized through means such as, but not limited to, the positioning of the driveway, landscaping and/or natural vegetation. 99-962 bo The exposed surfaces of all exterior chimneys shall be faced with brick, drivit or stone veneer. (P) 10. A thirty (30) foot tree preservation strip, exclusive of required yards, shall be maintained on Parcels B and C adjacent to Salisbury, Cross Creek, Brookstone and Robious Forest Subdivisions. Utility easements, the emergency access from Cross Creek Subdivision (Proffered Condition 12), and the possible stub road extension from Brookstone, all of which shall cross this strip in a perpendicular fashion, shall be permitted in the tree preservation strip. Any healthy trees that are eight (8) inches in caliper or greater shall be retained within this tree preservation strip except where removal is necessary to accommodate the improvements permitted by the preceding sentence. This condition shall not preclude the removal of vegetation from the tree preservation strip that is unhealthy, dying or diseased. (P) 11. Pedestrian/bike paths shall be provided throughout the project to accommodate access to the County Park and the elementary and high schools located adjacent to this project. In conjunction with the first tentative subdivision plan submission, an overall conceptual plan depicting this requirement shall be submitted to the Planning Department for review and approval. The exact treatment and location of these paths shall be reviewed and approved by the Planning Department at time of each tentative subdivision review. (P & R,S) 12. No public road connection shall be provided from Parcels B or C to Cross Creek Subdivision. An emergency access shall be provided from the southern terminus of Crossings Ridge Drive within Cross Creek, Section C, as shown on the "Plan". This access shall be constructed to accommodate access in case of emergency (support fire and rescue vehicles) and shall be gated to preclude its use other than by emergency vehicles, pedestrians or bicycles. The exact design of this access shall be reviewed and approved by the Fire and Planning Departments at the time of tentative subdivision review. (P & F) 13. No construction access shall be permitted through Cross Creek Subdivision or Brookstone Subdivision. (P) 14. Direct access from the Property to Robious Road shall be limited to a maximum of four (4) public roads. Two (2) of these public road accesses shall serve the property north of Robious Road (Parcel A) and two (2) of these public road accesses shall serve the property south of Robious Road (Parcels B and C). The exact location of these accesses shall be approved by the Transportation Department. If a public road access is provided through the Brookstone Subdivision, via Arborcraft Drive, to serve the property south of Robious Road (Parcels B and C), direct access from Parcels B and C to Robious Road shall be limited to one (1) public road. (T) 15. Prior to any tentative subdivision approval, a revised centerline, based on VDOT Urban Minor Arterial Standards (50 MPH) with modification approved by the Transportation Department, for Robious Road shall be submitted to and approved by the Transportation Department. In conjunction with recordation of the first subdivision plat, forty-five 99-963 16. 17. 18. 19. 20. 21. (45) feet on the north and south sides of Robious Road measured from the approved revised centerline of that part of Robious Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the following: a o Construction of additional pavement along Robious Road at the approved accesses to provide left and right turn lanes, based on Transportation Department standards. bo Relocation of the ditch to provide adequate shoulder along the north and south sides of Robious Road for the entire Property frontage; and C · Dedication to Chesterfield unrestricted, any additional easements) required for the identified above. {T County, free and right-of-way (or road improvements Prior to any construction plan approval, a phasing plan for the required roadway improvements, as identified in Proffered Condition 16 above, shall be submitted to and approved by the Transportation Department. (T) The public water and wastewater systems shall be used. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until and land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) Any open basins required~ for water quantity or quality control shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed on the Property. The landscaping plan for such ponds shall include landscaping adjacent to the ponds. At the time of tentative subdivision submission, a plan depicting these requirements shall be submitted to the Planning and Environmental Engineering Departments for review and approval. (P & EE) The applicant, subdivider, or assignee(s), shall pay the following to the County of Chesterfield prior to the issuance of building permit for infrastructure improvements within the service district for the property: $4,000.00 per dwelling unit if paid prior to 1 July 2000; or bo The amount approved by the Board of Supervisors not to exceed $4,000.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between 1 July 1999 and 1 July of the fiscal year in which the payment is made if paid after 30 June 2000. 99-964 22. 23. 24. 25. 26. 27. The per dwelling unit cash proffer amount will be pro-rated among schools, roads, libraries, and fire station facilities by the County's Department of Budget and Management. In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. Should Chesterfield County impose impact fees or other substitutes for cash proffers for roads, schools, parks, libraries, and/or fire stations prior to the issuance of the 450th building permit, the amount paid in cash proffers shall be in lieu of or credited toward any such substitute fees at the determination of the County. (B & M) In conjunction with the recordation of the first subdivision plat, approximately fifty-five (55) acres, adjacent to the James River and Robious Landing Park as shown on the "Plan", shall be dedicated, free and unrestricted, except as qualified herein, to and for the benefit of Chesterfield County. The exact boundary and acreage will be determined at the time of tentative subdivision review and approval. (P & R, S) No certificates of occupancy shall be issued before January 1, 2001. (P) A maximum of 150 certificates of occupancy shall be issued prior to June 30, 2002. (P) Development on the Property (Parcels A, B and C) shall be phased as follows: No more than a cumulative total of seventy-five (75) lots shall be recorded prior to July 1, 2000. No more than a cumulative total of 150 lots shall be recorded prmor to January 1, 2001. No more than a cumulative total of 210 lots shall be recorded przor to January 1, 2002. No more than a cumulative total of 270 lots shall be recorded przor to January 1, 2003. No more than a cumulative total of 330 lots shall be recorded prmor to January 1, 2004. No more than a cumulative total of 390 lots shall be recorded przor to January 1, 2005. No more than a cumulative total of 450 lots shall be recorded prior to January 1, 2006. (P) Common areas and ownership of property not contained in lots or streets conveyed to individual owners shall comply with Section 19-105 (n) of the Zoning Ordinance. (P) The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the County Planning Department of the Salisbury, Cross Creek, Brookstone and Robious Forest Subdivisions and the owners of record for Tax ID 722-720-0108, 0794, 0079 and 8360, of the submission of any tentative subdivision plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to approval or disapproval of 99-965 the plan. The developer shall provide the Planning Department with an affidavit that such notice has been sent. (P) 28. No draining, ditching or other modification of tidal or non-tidal wetlands, as defined by the Corps of Engineers, shall take place without the prior approval of the Department of Environmental Engineering. (EE) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 00SN0122 (Amended) In Midlothian Magisterial District, RICHMOND HONDA requested amendment to Conditional Use Planned Development (Case 86S076) and amendment of zoning district map to permit a computer- controlled, variable message, electronic sign. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies in Community Business (C-3) and General Business (C-5) Districts on 6.8 acres and is known as 7400 and 7450 Midlothian Turnpike. Tax ID 763-707-2640 and 5023 (Sheet 7). Mr. Jacobson presented a summary of Case 00SN0122 and stated that the Planning Commission and staff recommend approval subject to one condition. Mr. Max Pearson, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved Case 00SN0122 subject to the following condition: A freestanding sign not to exceed an aggregate area of 105 square feet and a height of thirty (30) feet shall be permitted. If a computer-controlled, variable message, electronic sign is incorporated, such sign shall have a maximum area of fifty-nine (59) square feet. Any computer-controlled, variable message, electronic sign shall abut the freestanding business sign face or be incorporated into the business sign face. Any computer-controlled, variable message, electronic sign shall be subject to the following restrictions: a o There shall be no more than two (2) lines of copy. Copy shall not move, but may fade. Flashing and traveling messages, bijou lighting effects and animation lighting effects shall be prohibited. Color for message displays shall be limited to white or yellow. The message or display shall be programmed or sequenced to change no more than once every five {5) seconds. (P) (Note: This condition supersedes Condition 1 of Case 86S076 for the 180 square foot business sign only. Condition 1 remains in effect for the 209 square foot business sign permitted by Case 99-966 86S076. Ail other conditions of approval for Case 86S076 remain in effect.) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 00SN0129 In Clover Hill Magisterial District, GREENACRES L.P. requested amendment to Conditional Use Planned Development (Case 85S002) and amendment of zoning district map to modify the approved Master Plan relative to access and building height. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies in a Corporate Office (0-2) District on 6.2 acres fronting approximately 1,000 feet on the north line of Hull Street Road, also fronting approximately 1,100 feet on the south and west lines of Harbour Pointe Parkway and located in the northwest quadrant of the intersection of these roads. Tax ID 729-674-6543 (Sheets 15 and 16). Mr. Jacobson presented a summary of Case 00SN0129 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Mr. John Cogbill, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 00SN0129 and accepted the following proffered conditions: This application contains one exhibit described as follows: Exhibit A - Plan titled "Harbour Pointe, Proposed Master Plan" prepared by Little & Associates, Architects, and dated December 3, 1999. Master Plan. Exhibit A shall be considered the master plan for the Property and approved only as a general representation of any proposed development and does not reflect a blueprint for future action of how the Property may develop except as qualified by the proffers below. (P) [Note: This proffer replaces condition 1 in 85S002.] Property Access· The Transportation Department at the time of site plan approval shall determine the exact location of each Property access. Ao Direct access from the Property to Route 360 shall be limited to two (2) entrances/exits as generally shown on Exhibit A. One (1) access shall be located approximately midway of the Route 360 Property frontage and the other access shall be located at or near the western Property line. Bo Direct access to Harbour Pointe Parkway shall be limited to two (2) entrances/exits as generally shown on Exhibit A. 99-967 o Internal driveways and any cross accesses between properties shall be designed so as not to encourage cut-through traffic between Harbour Pointe Parkway and Route 360. (T) Dedications. Prior to any final site plan approval, or within sixty (60) days from a written request by the County, whichever occurs first, one hundred (100) feet of right-of-way on the north side of Route 360, measured from the centerline of that part of Route 360 immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Transportation Improvements. Additional pavement shall be constructed along the westbound lanes of Route 360 at each approved access to provide right turn lanes. Each turn lane shall be constructed prior to issuance of the first occupancy permit for the development of that portion of the Property served by such access. The Owner shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the turn lanes. (T) Magnolia Preservation. The Southern Magnolias located along Harbour Pointe Parkway shall be maintained as part of the required site landscaping. During construction the Magnolias shall be protected. The method of protection shall be approved by the Planning Department at the time of site plan review. Prior to any clearing or grading or the issuance of a land disturbance permit, a site meeting shall be held to evaluate the location of any sewer line or other utility which may have the potential to disturb the Magnolias. The Brandermill Community Association through its manager shall be given written notice of the site meeting at least seven (7) days prior to such meeting. In addition, an engineer or other appropriate professional, as determined by the Planning Department, shall be on the Property at the time the sewer or any other utility line is installed to insure that appropriate measures are taken to minimize damage to the Southern Magnolias. Nothing herein shall limit the removal of diseased, dying or dead vegetation from the Property. (P & U) No Timbering. There shall be no timbering of the Property prior to site plan approval. (EE) BMP. Any pond required for water quality or water quantity control shall be landscaped or otherwise improved so that the facilities become visual enhancements and visual amenities for uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. (EE) Building Height. Buildings located in the area shown on the Master Plan as "Site I", shall be limited to one story. If there are two or more buildings located in the area shown on the Master Plan as "Site II," the eastern most building shall be limited to one story. If only one building is constructed on Site II, it may be more than one story provided that the building, as seen from Harbour 99-968 Pointe Parkway and based on topographic variations, has the appearance of no more than a two-story building, as determined by the Planning Department. (BI & P) Landscaped Setbacks. For the site identified as Site II on Exhibit A, a thirty-five (35) foot setback shall be maintained. Within this setback, all trees six (6) inches or greater in caliper shall be maintained except where necessary to accommodate access. The Planning Commission, through site plan review, may allow removal of trees six (6) inches or greater in caliper and the location of BMPs, utilities or similar improvements within this setback provided that measures are taken to preserve the intent to maintain trees of six (6) inches or greater in caliper. Nothing herein shall limit the removal of diseased, dying, or dead vegetation from these setbacks. 10. Controlled Tree Removal. For the site identified as Site II on Exhibit A, all trees six (6) inches or greater in caliper shall be maintained except when removal is necessary to accommodate the proposed improvements. (P) 11. Site Plans. The developer shall be responsible for notifying, in writing, the community manager of the Brandermill Community Association of the submission of site plans to Chesterfield County. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the site plan. The developer shall provide a copy of the notification letter to the Planning Department. (P) 12. Notice of Approval. Prior to site plan, architectural plan or landscaping plan approval by the County, the developer shall submit documentation of the Brandermill Commercial Architectural Review Board's (CARB) approval to the Planning Department. (P) 13. Severance. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity of enforceability to the other proffers or the unaffected part of any such proffer. (P) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 00SN0143 In Bermuda Magisterial District, WILLIAM J. AND CHERYL T. DAVIS, JR., requested rezoning and amendment of zoning district map from Residential (R-7) to Neighborhood Office (O-1). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood office and single family residential use of 1.0 to 2.5 units per acre. This request lies on 0.4 acre and is known as 3522 West Hundred Road. Tax ID 792-656-9934 (Sheet 26). Mr. Jacobson presented a summary of Case 00SN0143 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Chester Village Plan. 99-969 12/15/99 No one was present representing the applicant. It was generally agreed that the case would be called again later in the meeting. 00SN0144 In Dale Magisterial District, CHESTERFIELD COUNTY BOA/~D OF SUPERVISORS requested Conditional Use and amendment of zoning district map to permit a child care center. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for human services use. This request lies in an Agricultural (A) District on 27.1 acres and is known as 6800 Lucy Corr Court. Tax ID 770-664-6398, 771-665-3701 and 9241 (Sheet 25). Mr. Jacobson presented a summary of Case 00SN0144 and stated that the Planning Commission and staff recommend approval. He noted that the request conforms to the Chesterfield County Government Center Master Plan. Mr. John Harmon, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Barber, the Board approved Case 00SN0144. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 00SN0157 In Bermuda Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requested Conditional Use and amendment of zoning district map to allow a two-family dwelling in a Residential (R-12) District. This amendment would yield a density of 1.0 unit per acre. The Comprehensive Plan suggests the property is appropriate for iow density residential use of up to 1.5 units per acre. This request lies on 2.0 acres lying on the southern terminus of Woodland Hill Drive. Tax ID 809-643-6160 (Sheet 35). Mr. Jacobson presented a summary of Case 00SN0157 and stated that the Planning Commission and staff recommend approval subject to conditions. He further stated that the request conforms to the Eastern Area Plan. Dr. Earl Yarbrough, the property owner, recommendation is acceptable. stated that the There was no opposition present On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0157 subject to the following conditions: 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 99-970 Prior to the release of a building permit, a deed restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 00SN0127 In Matoaca Magisterial District, DOUGLAS R. SOWERS requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-i2) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 2.5 units per acre. This request lies on 6.0 acres fronting approximately 275 feet on the east line of Qualla Road, approximately 600 feet north of Route 288. Tax ID 747-675-7450 (Sheet 16). Ms. Rogers presented a summary of Case 00SN0127 and stated that the Planning Commission recommends approval and acceptance of the proffered conditions. She further stated that staff recommends approval subject to the applicant addressing the Transportation Department's concerns relative to the applicant's proposed access to Qualla Road. Mr. Andy Scherzer, representing the applicant, stated that the Planning Commission's recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 00SN0127 and accepted the following proffered conditions: With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permit for infrastructure improvements within the service district for the property. a o $6200 per dwelling unit, if paid prior to July 1, 2000; or The amount approved by the Board of Supervisors not to exceed $6200 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1999 and July 1 of the fiscal year in which payment is made if paid after June 30, 2000. In the event the cash payment is not used for the purpose fer which proffered within 15 years ef receipt, the cash shall be returned in full te the payor. (B & M) 99-971 The public water and wastewater systems shall be used. (u) In conjunction with recordation of the first subdivision plat, forty-five (45) feet of right-of-way on the east side of Qualla Road, measured from the centerline of that part of Qualla Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Qualla Road shall be limited to (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) In conjunction with development of the first section of this subdivision, additional pavement shall be constructed along Qualla Road at the approved access to provide left and right turn lanes, based on Transportation Department standards. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for these road improvements. (T) Development shall be limited to a maximum of twelve (12) lots. (P) The minimum gross floor area for dwellings shall be as follows: One-story - 1,800 square feet More than one-story - 2,000 square feet (BI) Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 17. PUBLIC HEARINGS 17.A. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE CHESTER WATER TANK Mr. Stith stated that this date and time has been advertised for a public hearing to consider the leasing of County property at the Chester Water Tank to Alltel Communications, Incorporated. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the leasing of County property at the Chester Water Tank to Alltell Communications, Incorporated for installation of communications equipment. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 17.B. TO CONSIDER THE FY2001 ENHANCEMENT PROJECTS Mr. McCracken stated that this date and time has been advertised for a public hearing to consider FY2001 Enhancement Projects. 99-972 12/15/99 No one came forward to speak in favor of or against this issue. Mr. Barber requested that the Sidewalk project on Westfield Road alongside the Watkins Annex School and First Baptist Church and the streetlighting project for Robious Road be added to the list of enhancement projects. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the proposed FY2001 Enhancement Projects list, including the additions of the Westfield Road sidewalk project and Robious Road streetlighting project, and authorized staff to forward the list to the Richmond and Tri-Cities Metropolitan Planning Organizations for approval. And, further, the Board adopted the following resolutions: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of the Streetscaping along Route 10 at the Courthouse Complex. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $670,000 for planning, design, right-of-way, and construction of Phase II of the Route 10 Streetscaping Project at the Courthouse Complex, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of the landscaping along Route 360 from Turner Road to Courthouse Road. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $112,500 for planning, design, right-of-way, and construction of Phase II of the Route 360 Landscaping Project from Turner Road to Courthouse Road, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. 99-973 12/15/99 NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the landscaping along Route 10 in the 1-295 Interchange area. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $50,000 for planning, design, right-of-way, and construction of the Landscaping Route 10 (I-295 Interchange) Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the landscaping along Route 360 from Route 288 to Swift Creek. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $70,000 for planning, right-of-way, and construction of the Route 360 Landscaping Project from Route 288 to Swift Creek, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of the construction of sidewalks along Halloway Avenue in the Matoaca Middle/High Schools and Matoaca Park area. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $285,000 for planning, design, right-of-way, and construction of Phase II of the Halloway Avenue Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. 99-974 NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisor of Chesterfield County requests the CTB establish a Phase I project for the construction of a bike trail along Point of Rocks Road and Enon Church Road from East Hundred Road (Route 10) to Point of Rocks Park. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $240,000 for Phase I of the $1,300,000 project for planning, design, right-of-way, and construction of the Point of Rocks Bike Trail Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement projects. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the installation of streetlights along Centre Street in Chester Village. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $40,000 for planning, design, right-of-way, and installation of the Centre Street Streetlight Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Cogbill Road at the New School Board Facility. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $130,000 for planning, design, right-of-way, and construction of the Cogbill Road Sidewalk Project at the New School Board Facility, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, 99-975 it is necessary that the local governing body request, by resolution of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Salem Church Road from Hollymeade Subdivision to Salem Church Elementary School. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $76,000 for the public share of the $240,000 project for planning, design, right-of-way, and construction of the Salem Church Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project to replace unsafe sections of sidewalk on Chesterfield Avenue between Main Street and Paine Street. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $95,000 for planning, design, right-of-way, and construction of the Chesterfield Avenue Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of ~uch cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the enhancement of entrances to the Virginia State University Campus. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees that an in-kind contribution equivalent to 20 percent of the total estimated cost of $140,000 will be provided for planning, design, right-of-way, and construction of the Virginia State University Entrance Enhancement Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 12/15/99 99-976 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the installation of streetlights along Genito Road from the Fox Chase Lane to Watercove Road. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $50,000 for planning, design, right-of-way, and installation of the Genito Road Streetlight Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board /CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a Chesterfield County entrance sign with landscaping at major access points into the County. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $220,000 for planning, design, right-of-way, and construction of the Countywide Gateway Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Hickory Road from River Road to Woodpecker Road. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $180,000 for planning, design, right-of-way, and construction of the Hickory Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 99-977 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Cogbill Road from Meadowbrook High School to Meadowdale Branch Library. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $470,000 for planning, design, right-of-way, and construction of the Cogbill Road Sidewalk Project from Meadowbrook High School to Meadowdale Branch Library, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along East River Road and a pedestrian trail between the Virginia State University Campus and the Appomattox River. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $900,000 for planning, design, right-of-way, and construction of the East River Road Sidewalk and Pedestrian Trail Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for a Dutch Gap conservation area trail and a pedestrian bridge along the James River. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to provide an in-kind contribution equivalent to 20 percent of the total estimated cost of $150,000 for planning, design, right-of-way, and construction for the Dutch Gap Conservation Area Trail and Pedestrian Bridge Project along the James River, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the 99-978 Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for construction of a perimeter trail around Pocahontas State Park. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees the County and the Virginia State Parks will provide an in-kind contribution to 20 percent of the total estimated cost of $340,000 for planning, design, right-of-way, and construction of the Pocahontas State Park Perimeter Trail Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of the Streetscaping along Route 10 at the Courthouse Complex. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $670,000 for planning, design, right-of-way, and construction of Ph%se II of the Route 10 Streetscaping Project at the Courthouse Complex, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of the landscaping along Route 360 from Turner Road to Courthouse Road. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $112,500 for planning, design, right-of-way, and construction of Phase II of the Route 360 Landscaping Project from Turner Road to Courthouse Road, and that, if the Board subsequently elects to 99-979 unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the landscaping along Route 10 in the 1-295 Interchange area. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $50,000 for planning, design, right-of-way, and construction of the Landscaping Route 10 (I-295 Interchange) Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the landscaping along Route 360 from Route 288 to Swift Creek. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $70,000 for planning, right-of-way, and construction of the Route 360 Landscaping Project from Route 288 to Swift Creek, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of the construction of sidewalks along Halloway Avenue in the Matoaca Middle/High Schools and Matoaca Park area. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $285,000 for 99-980 planning, design, right-of-way, and construction of Phase II of the Halloway Avenue Sidewalk P[oject, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisor of Chesterfield County requests the CTB establish a Phase I project for the construction of a bike trail along Point of Rocks Road and Enon Church Road from East Hundred Road (Route 10) to Point of Rocks Park. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $240,000 for Phase I of the $1,300,000 project for planning, design, right-of-way, and construction of the Point of Rocks Bike Trail Project, and that, if the Board subsequently elects to unreasonably cancel this project, 'the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement projects. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the installation of streetlights along Centre Street in Chester Village. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $40,000 for planning, design, right-of-way, and installation of the Centre Street Streetlight Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Cogbill Road at the New School Board Facility. 99-981 12/ s/99 AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $130,000 for planning, design, right-of-way, and construction of the Cogbill Road Sidewalk Project at the New School Board Facility, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Salem Church Road from Hollymeade Subdivision to Salem Church Elementary School. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $76,000 for the public share of the $240,000 project for planning, design, right-of-way, and construction of the Salem Church Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution , approval of a proposed project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project to replace unsafe sections of sidewalk on Chesterfield Avenue between Main Street and Paine Street. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $95,000 for planning, design, right-of-way, and construction of the Chesterfield Avenue Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the enhancement of entrances to the Virginia State University Campus. 99-982 AND, BE IT FURTHER RESOLVED, that the Board hereby agrees that an in-kind contribution equivalent to 20 percent of the total estimated cost of $140,000 will be provided for planning, design, right-of-way, and construction of the Virginia State University Entrance Enhancement Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a Chesterfield County entrance sign with landscaping at major access points into the County. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $220,000 for planning, design, right-of-way, and construction of the Countywide Gateway Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the B~ard of Supervisors of Chesterfield County requests the CTB establish a project for the construction of a sidewalk along Hickory Road from River Road to Woodpecker Road. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $180,000 for planning, design, right-of-way, and construction of the Hickory Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the construction of sidewalks on one side of Westfield Road from Sycamore Square Drive to Winterfield Road. 12/15/99 99-983 AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $285,000 for planning, design, right-of-way, and construction of the Westfield Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the installation of streetlights along Robious Road from Huguenot Road to Salisbury Road. AND, BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $50,000 for planning, design, right-of-way, and installation of the Robious Road Streetlight Project and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board approved the transfer of $28,000, after July 1, 2000, from the General Road Improvement Account to the Streetscaping Route 10 (Courthouse Complex) Account as additional funding for Phase II. And, further, the Board designated from the FY2001 General Road Improvement appropriation, upon approval and funding by the Virginia Department of Transportation (VDOT), the following amounts for the local match: · Chesterfield Avenue Sidewalk $ 19,000 · Genito Road Streetlights $ 10,000 · Countywide Gateway Project $ 44,000 · Hickory Road Sidewalk $ 36,000 · Cogbill Road Sidewalk (High School-Library) $ 94,000 And, if approved and funded by VDOT, staff will identify a source of funds for the local match in FY2001 for the following: · East River Road Sidewalk and Pedestrian Trail $180,000 · Westfield Road Sidewalk $ 57,000 · Robious Road Streetlights $ 10,000 And, further, the Board authorized the County Administrator to enter into VDOT/County/consultant/contractor, design, right-of- way acquisition, and/or construction agreements, acceptable to the County Attorney, for projects funded by VDOT. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99-984 17 .C. TO CONSIDER THE APPROPRIATION OF FUNDS FROM FY99 RESULTS OF OPERATIONS Ms. Dickson stated that this time and date has been advertised for a public hearing to consider the reappropriation of $2.254 million from FY99 Results of Operations. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following reappropriations: Police: Five Percent Salary, Vehicles, Metro Aviation Unit Parks and Recreation: Older Facilities/Equipment Libraries: Books Fire: Five Percent Salary, Revenue Recovery Study Registrar-Presidential Primary Economic Development Incentives Department Relocation in Administration Building $540,800 280,000 135,000 342,000 106,000 750,000 100,000 Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 17.D. TO CONSIDER APPROPRIATION OF FUNDS FOR THE PUBLIC SAFETY COMMUNICATIONS PROJECT Mr. Robert Eanes stated that this time and date has been advertised for a public hearing to consider appropriation of funds for the Public Safety Communications Project. No one came forward to speak in favor of or against this issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board appropriated funds in an amount up to $675,000 anticipated from the City of Colonial Heights for the Public Safety Communications Project. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 17.E. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO REAL ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED Mr. Micas stated that this time and date has been advertised for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by adding subsection (c) relating to real estate tax relief for the elderly and disabled. No one came forward to speak in favor of or against this ordinance. After brief discussion, Mrs. Humphrey made a motion, seconded by Mr. McHale, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 9-27(C) RELATING TO REAL ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED BE IT ORDAINED by the Board of Supervisors of Chesterfield 99-985 z2/ s/99 County: (1) That Section 9-27 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted by adding subsection (c) to read as follows: Sec. 9-27. Procedure for claiming exemption. (a) Anyone claiming an exemption shall file annually with the commissioner of the revenue, on forms to be supplied by the county, an affidavit or written statement setting forth all information required by Code of Virginia, ~ 58.1-3213, and all other information required by the commissioner of the revenue to determine qualification for the exemption. The commissioner of the revenue may also make further inquiry of persons seeking the exemption, as may be reasonably necessary, including requiring answers under oath, and production of certified tax returns to determine qualification for the exemption. The affidavit or written statement shall be filed not later than April 1 of each year, but the application may be filed as late as December 31 of each year by first-time applicants or in cases of hardship as determined by the commissioner. If a person claiming an exemption is under 65 years of age, the application must include either (i) a certification by the Social Security Administration, the Veterans' Administration or the Railroad Retirement Board, or (ii) if such person is not eligible for certification by any of these agencies, a sworn affidavit by two medical doctors licensed to practice medicine in the commonwealth, stating that such person is permanently and totally disabled. The affidavit of at least one of the doctors must be based upon the doctor's physical examination of the person. The affidavit of one of the doctors may be based upon medical information that is relevant to the standards for determining permanent and total disability that is contained in the records of the civil service commissioner. (b) The exemption may be granted for any year following the date that the applicant reached the age of 65 years. A change in income, financial worth, ownership of property or other factors occurring dur'ing the tax year for which an affidavit or written statement is filed which causes the applicant to exceed or violate the limitations or conditions shall void any exemption for the following tax year. The exemption for the tax year during which the change occurred shall be prorated, with the prorated portion determined by multiplying the exemption amount by the product of the number of complete months of the year such property was properly eligible for such exemption divided by 12. (c) If a person who has been granted an exemption for a tax year, sells his sole residence and purchases another sole residence, that person will have the exemption applied to the purchased residence for the prorated portion of the tax year during which he owns the purchased residence, calculated in the same manner as provided in (b) above, but only if the person otherwise continues to qualify in all respects under the provisions of this division. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 99-986 17 .F. TO CONSIDER THE TAX EXEMPTION REQUEST OF THE CHESTERFIELD KIWANIS FOUNDATION, INCORPORATED Mr. Micas stated that this time and date has been advertised for a public hearing to consider the tax exemption request of the Chesterfield Kiwanis Foundation, Incorporated in the Bermuda Magisterial District. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Chesterfield Kiwanis Foundation, Incorporated is a non-stock, non-profit corporation which provides public services to underprivileged citizens of the County, including scholarships to graduating seniors of Chesterfield County Public Schools; and WHEREAS, Chesterfield Kiwanis Foundation, Incorporated owns real property located in the Bermuda Magisterial District of Chesterfield County, Virginia at 12321 Richmond Street in Chester; and WHEREAS, real property used exclusively for public park and playground purposes by a qualifying organization shall be exempt from taxation as authorized by Article X, Section 6(a) (6) of the Constitution of Virginia, upon action by the General Assembly of Virginia and so long as such organization is operated not for profit and the property so exempt is used in accordance with the purpose for which the organization is classified; and WHEREAS, the Board of Supervisors of Chesterfield County, Virginia has considered the following factors before the adoption of this resolution in support of the tax exempt status of the Chesterfield Kiwanis Foundation, Incorporated as follows: 1. The Chesterfield Kiwanis Foundation, Incorporated is exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986. 2. No current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to the Chesterfield Kiwanis Foundation, Incorporated for use on the organization's property. 3. No director or officer of the Chesterfield Kiwanis Foundation, Incorporated is paid any compensation in excess of the value of the services performed in such position with the corporation. 4. No part of the net earnings of the Chesterfield Kiwanis Foundation, Incorporated inures to the benefit of any individual. 5. The Chesterfield Kiwanis Foundation, Incorporated provides services for the common good of the public. 6. No part of the activities of the Chesterfield Kiwanis Foundation, Incorporated involves carrying on propaganda or otherwise attempting to influence legislation. The corporation 99-987 does not participate in, or intervene in, any political campaign en behalf ef any candidate for public office. 7. The Chesterfield Kiwanis Foundation, Incorporated has ne rule, regulation, policy er practice which discriminates on the basis ef religious conviction, race, color, gender er national origin. 8. This year the above-mentioned property is assessed at a value of $60,000 and generated $684.00 in County real estate tax. In 1998, the property generated $853.20 in County real estate taxes. THEREFORE, be it resolved by the Board ef Supervisors of Chesterfield County as fellows: 1. That this Board supports the request of the Chesterfield Kiwanis Foundation, Incorporated for exemption from taxation of its real property pursuant te Article X, Section 6(a) (6) of the Constitution of Virginia and the previsions of Chapter 36 of Title 58.1 ef the Code ef Virginia, 1950, as amended, and that such exemption should be categorized as charitable and benevolent. 2. That the County Administrator is directed to forward a certified copy ef this resolution te the members ef the General Assembly representing the County ef Chesterfield with the request that the proper legislation be introduced in the General Assembly te achieve the purposes ef this resolution. 3. The effective date of this resolution shall be December 15, 1999. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 17 .G. TO CONSIDER AMENDING THE COUNTY ORDINANCE TO AUTHORIZR THE REMOVAL OR REPAIR OF DEFACED STRUCTURES Mr. Micas stated that this time and date has been advertised for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting section 5-6 relating to the repair or removal of the defacement of buildings, walls, fences and other structures. He further stated that the current County ordinance allows the Building Official to remove graffiti on private property and charge the cost of that removal to the property owner, and that the proposed ordinance would expand the options of the Building Official by allowing him to use County funds for graffiti removal. Mr. Bill Baxter, President of the Retail Merchants Association of Greater Richmond, stated that the Association's membership supports adoption of the ordinance. He noted that the City of Richmond and Henrico County have addressed graffiti under a separate and specific ordinance and requested that the County consider drafting a separate ordinance to specifically address graffiti. Ms. Alice Clark, Board member of the Chesterfield Business Council, stated that, because of the short notice of the issue, the Council is unable to present a position on the proposed ordinance. As a business owner in the County, she requested that the County control graffiti with an ordinance, such as the 99-988 one adopted by. Richmond and Henrico, in an effort to make Chesterfield competitive in the regional business community. Mr. Clayton Rhoades, a County resident, expressed concerns relative to taxpayers being asked to pay for clean-up of graffiti and suggested that neighborhoods act as good citizens by cleaning up graffiti and forming neighborhood watch programs in an effort to prevent future episodes of graffiti. He expressed further concerns relative to the County paying for the cost of graffiti removal when insurance coverage for vandalism and malicious mischief is available. There being no one else to speak to the issue, the public hearing was closed. Mr. Daniel stated that he feels the issue is broader than just graffiti and that he would like to see a more comprehensive ordinance which fully addresses blight, including graffiti. He stated that he supports deferral of the issue until a more comprehensive ordinance can be considered. Mr. Barber stated that blight and graffiti are separate issues according to the Code of Virginia. He further stated that the current ordinance allows the County to remove graffiti and charge the property owner for the removal, thereby making the property owner a victim twice. He referenced reports from the City of Richmond indicating a drastic reduction in the amount of graffiti since their graffiti removal program went into effect. He stated that he supports adoption of the proposed ordinance and feels that the issue of blighted property should be considered separately in the future. Mr. McHale expressed concerns relative reimbursement for graffiti removal. to insurance Mr. Micas stated that the courts consistently require restitution by the perpetrators for the cost of graffiti removal and that adoption of the ordinance would give the choice of the property owner paying for the graffiti removal through insurance reimbursement or by the use of County funds. He further stated that the County must have the property owners' permission prior to removing graffiti. There was brief discussion relative to the authorization form to enter property for the purpose of graffiti removal also including information relative to insurance and payment. Mrs. Humphrey expressed concerns relative to the billing of property owners for removal of blighted buildings. Mr. Barber stated that, if the ordinance is adopted, the County will still have the most conservative approach to graffiti in the region. He suggested that the Board adopt the proposed ordinance and address the blighted property issue at a later date. Mr. Daniel suggested deferral because the business community is unable to take a stand on the issue at this time and recommended that Mr. Ramsey prepare a work session relative to the options for ordinances to remove graffiti and blighted property. There was brief discussion relative to the operational procedures for graffiti removal. Mr. McHale stated that he supports the removal of graffiti, but indicated that he would prefer to see more details prior to adoption of the ordinance. 99-989 Mr. Barber stated that the current ordinance does not allow the County to remove graffiti and bill the property owner for the removal. He further stated that studies have verified that, if graffiti is removed in the early stages, it does not reappear and requested that the Board grant the same authority as Richmond and Henrico currently have for graffiti removal. Mr. McHale stated that he feels a procedure needs to be developed prior to adoption of the ordinance. He requested that staff provide procedural details at the January 12, 2000 meeting. Mr. Daniel stated that he supports the removal of graffiti, but feels the Board should take the opportunity to more completely consider the blighted property issue. Mr. Barber expressed disappointment that the Board wants to defer adoption of the proposed ordinance and stated that he feels the graffiti will continue to increase until the ordinance is adopted. Mr. Barber then made a motion, seconded by Mr. Daniel, for the Board to defer consideration of an ordinance to authorize the removal or repair of defaced structures until January 12, 2000. There was brief discussion relative to the time frame in which the County would be able to implement the ordinance after adoption. Mr. Daniel called for a vote on the motion made by Mr. Barber, seconded by Mr. Daniel, for the Board to defer consideration of an ordinance to authorize the removal or repair of defaced structures until January 12, 2000. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 17 .H. TO CONSIDER ADOPTING AN ORDINANCE TO VACATE A FIFTY FOOT RIGHT OF WAY WITHIN ELKHARDT PARK SUBDIVISION Mr. Stith stated that this time and date has been advertised for a public hearing to consider an ordinance to vacate a fifty foot right of way within Elkhardt Park Subdivision. No one came forward to speak in favor or of against this ordinance. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to BUILDER RESOURCE & DEVELOPMENT CO., L.P., a Virginia liability company and BOB FIRESTONE CO., INC., a Virginia corporation, ("GRANTEE"), a 50' right of way within Elkhart Park Subdivision, CLOVER HILL 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 8, at Page 67. WHEREAS, BUILDER RESOURCE & DEVELOPMENT CO., L.P., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 50' right of way within Elkhart Park Subdivision, CLOVER HILL Magisterial District, Chesterfield 99-990 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 8, Page 67, by W. W. LAPRADE & BROS., dated MARCH 1946. The right of way petitioned ~o be vacated is more fully described as follows: A 50' right of way between Lots 28 and 29, Elkhart Park Subdivision, the location of which is more fully shown on a plat made by POTTS, MINTER & ASSOCIATES, P.C., dated JULY 2, 1999, 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 right of way 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 right of way be and is hereby vacated. GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves a 20' sewer easement, as shown on the attached plat. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the right of way hereby vacated in the adjoining 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 BUILDER RESOURCE & DEVELOPMENT CO., L.P., a Virginia liability company and BOB FIRESTONE CO., INC., a Virginia corporation, or their successors in title, as GRANTEE. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. 17 I. TO CONSIDER THE CONVEYANCE OF A FIFTY FOOT RIGHT OF WAY KNOWN AS BANBURY ROAD EXTENDED AND A PORTION OF A SIXTY FOOT RIGHT OF WAY KNOWN AS WOOD DALE ROAD EXTENDED Mr. Stith stated that this date and time has been advertised for a public hearing to consider the conveyance of a fifty foot right of way known as Banbury Road extended and a portion of a 99-991 sixty foot right of way known as Wood Dale Road extended to Fred H. Minson, III and Sherry M. Minson. Mr. Fred Minson stated that, since purchasing eleven acres on Wood Dale Road, he has applied to the Corps of Engineers to clean up the silt pond on the property and that it was his intent to build his personal residence on the eleven acres, improve the pond, and make it a nice estate. He further stated that his original proposal was to vacate Banbury Road extended and 120 feet of Wood Dale Road extended and that, because of opposition from adjacent property owners, he proposed a compromise to vacate only 90 feet of Wood Dale Road extended to give the adjacent property owners additional frontage to access their property. Mr. John Trexler, representing adjacent landowners Edwin and Joan Jacobs, stated that the Jacobs are opposed to the vacating of property on Wood Dale Road; presented photographs of the area for the Board's perusal; and stated that the Jacobs need the present roadway that they originally constructed to access their home. He also presented the Board with copies of minutes of the Board of Zoning Appeals in which the applicant stated that he did not wish to disturb the surroundings and requested that the Board deny the request to vacate a portion of Wood Dale Road. Mr. Mack Daniels, adjacent property owner, stated that he has no objection to the request to abandon Banbury Road extended, but feels that the abandonment of Wood Dale Road extended is not necessary for the applicant to implement the intent of the variance granted by the Board of Zoning Appeals because the applicant's benefit would be far less than the detriment to the adjacent property owners. Mr. Minson distributed a site plan to the Board members and stated that he feels Wood Dale Road extended contains no road -- it is a wooded area and has not been used in the past for parking or access to either of the adjacent properties. Dr. Irwin Jacobs, adjacent property owner, expressed concerns relative to denial of access to the front door of his home and stated that the additional thirty feet offered as a compromise by the applicant would not be helpful. Ms. Joan Jacobs stated that she supported Mr. Minson's earlier request for a variance to build on the property and requested that the Board consider the problems that would be caused for adjacent property owners by grant±ng the abandonment of Wood Dale Road extended. Mr. Daniel stated that Mr. McHale has requested that the public hearing to consider the abandonment of Wood Dale Road extended be continued. Mr. McHale stated that he feels there is an area of Wood Dale Road extended that has been used as a driveway by Dr. and Mrs. Jacobs. He further stated that he would like to see if a compromise can be worked out by all parties and requested that the Board defer action on the vacation of Wood Dale Road extended until January 26, 2000. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board and the County Administrator to execute a quitclaim deed to convey a fifty foot right of way known as Banbury Road extended to Fred H. Minson, III and Sherry M. Minson. (It is noted a copy of the plat is filed with the papers of this Board.) And, further, the Board continued the public hearing to consider the conveyance of a portion of a sixty foot right of 99-992 way known as Wood Dale Road Extended to Fred H. Minson, III and Sherry M. Minson until ~anuary 26, 2000. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mrs. Humphrey excused herself from the meeting. 18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 00SN0143 In Bermuda Magisterial District, WILLIAM J. AND CHERYL T. DAVIS, JR., requested rezoning and amendment of zoning district map from Residential (R-7) to Neighborhood Office (0-1). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood office and single family residential use of 1.0 to 2.5 units per acre. This request lies on 0.4 acre and is known as 3522 West Hundred Road. Tax ID 792-656-9934 (Sheet 26). Mr. Jacobson presented a summary of Case 00SN0143 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Mr. William Davis stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 00SN0143 and accepted the following proffered conditions: Prior to any site plan approval, forty-five (45) feet of right of way on the north side of Route 10, measured from the center line of that part of Route 10 immediately adjacent to the property, shall, be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Route 10 shall be limited to one (1) entrance/exit, generally located towards the eastern property line. The exact location of this access shall this be approved by the Transportation Department. Prior to any site plan approval, and access easement, acceptable to the Transportation Department, shall be recorded across the property to ensure shared use of this access with the adjacent property to the east. (T) When the new impervious area other than stone parking is created, all impervious drainage shall be directed to Route 10. (EE) Ayes: Daniel, Barber, and McHale. Nays: None. Absent: Humphrey and Warren. Mrs. Humphrey returned to the meeting. 99-993 12/15/99 99SN0295 In Bermuda Magisterial District, JACK T. AND NINA V. SHOOSMITH requested rezoning and amendment of zoning district map from Corporate Office (0-2) and Agricultural (A) to Community Business IC-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use which could include corporate office and multi-family residential uses of 7 to 10 units per acre and residential use of 1.01 to 2.5 units per acre. This request lies on 20.5 acres fronting approximately 1250 feet on 5he south line of Iron Bridge Road, approximately 1000 feet on the east line of Branders Bridge Road and approximately 900 feet on the north line of West Hundred Road and located at the intersection of these roads. Tax ID 782-651-3577, 4567, 5761, 7069 and 9075; 782-652-0316, 5011 and 9213; and 783-652-1315 (Sheet 26). Because of the conflict of interest declared earlier relative to this case, Mr. McHale excused himself from the meeting. Ms. Rogers presented a summary of Case 99SN0295 and stated that the proffered conditions do not necessarily require the layout that is depicted on the Comprehensive Plan for the area and only represent a relationship between the buildings that could be developed on the property and the adjacent land uses. She further stated that revised proffered conditions were submitted today which would limit the C-3 uses to the northern part of the property to a maximum of 85,000 gross square feet; allow for other office uses to be developed on the property; require on the northeastern portion of the tract at least an 8,000 square foot office building; allow other retail uses to be located in the quadrant; and require an architectural style similar to the Rivers Bend Shopping Center. She stated that the original proffered conditions contained two illegal proffers which have been withdrawn. She further presented a summary of both the Chester Village Plan as well as the Central Area Plan, both of which suggest nodes of commercial development at the intersection of Chalkley Road, in the Village of Chester, and at the intersection of Jefferson Davis Highway and Route 10, with transitional uses between those nodes of commercial development in an effort to preclude typical strip commercial development. She stated that the subject property lies in an area designated for transitional uses. She further stated that staff recommends denial of the request and that the Planning Commission recommended denial, on a vote of two for denial, two against the recommendation for denial and one commissioner being absent, because the proposed development fails to conform to the Chester Village Plan, which suggests that the property should be developed for transitional uses, such as offices and, only under special circumstances, higher density residential uses. She stated that the Planning Commissioners who voted to deny the request indicated that the proposal does not comply with the Plan and, as styled at the time of their consideration, failed to place a cap on the amount of retail, establish land use transition, and provide appropriate architectural standards. She further stated that the Commissioners voting not to deny the request indicated that it was their opinion that the case was not ready to be forwarded to the Board and that negotiations should continue in an effort to reach a compromise relative to the amount of commercial square footage that would be appropriate and to attempt to provide for appropriate land use transitions. There was brief discussion relative to the requirement for 8,000 square feet of office space in the eastern corner of the subject property and the restriction of no more than 50,000 12/15/99 99-994 square feet of C-3 uses prior to the construction of an 8,000 square foot office building. Mr. Barber referenced a case in Bon Air where commercial development was in conflict with the plan for the area but the neighboring citizens agreed that, if office development could occur in a timely manner, it would not be so intrusive and would be of higher quality. There was brief discussion relative to the limitations for both office and retail uses in the proposed development. Mr. Frank Cowan, representing the applicant, stated that the applicant desires to protect the integrity of the Chester Plan with transitional 0-2 zoning to the rear; an 8,000 square foot building for office use on the eastern property line; and no more than 50,000 square feet of C-3 uses allowed to be built prior to a certificate of completion for the office building. He further stated the neighboring property, Thomas Dale High School Annex, is in need of sewer and the applicant volunteered to make contributions to assist in the extension of the public wastewater as part of the original proffered conditions. He stated that, since the Planning Commission meeting, the applicant has agreed by proffered condition to limit C-3 uses to 85,000 square feet and develop the subject property according to the Rivers Bend Shopping Center architectural standards or equivalent, and requested that the Board approve the proposed development. Mrs. Phyllis Bass, a member of the Chester Village Planning Committee and Chairman for the Coalition for Chester Village, read an amendment to the Chester Village Plan adopted September 13, 1989 and stated that she feels the request should be denied in an effort to maintain the intent of the Plan. There was brief discussion relative to acceptance of the additional proffered conditions. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board suspended its rules to allow for consideration of the revised proffered conditions. Ayes: Daniel, Barber, and Humphrey. Nays: None. Absent: McHale and Warren. There was brief discussion relative to the location of the subject property. Mr. Barber stated that he feels the issue of preservation of the Plan is important and that, if the Board recommends approval, then the proposed office building will become the demarcation for the transition that the plan calls for. Mrs. Humphrey stated that the request is not consistent with the Plan, while her reason for considering approval of the case is a sewer assessment district which has been proposed for the area to serve the Thomas Dale High School Annex. Mr. Daniel stated that he feels the proposed development is a reasonable use when compared to existing uses in the area. Mr Daniel then made a motion for the Board to approve Case 99SN0295 and accept the proffered conditions, as amended. Mrs. Humphrey seconded the motion. Mr. Daniel called for a vote on the motion made by him, seconded by Mrs. Humphrey, for the Board to approve Case 99-995 99SN0295 and accept the following proffered conditions: 1. Utilities. be used. (U Public water and wastewater systems shall o Timberinq. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Stormwater Management. Any stormwater management facility will be designed to meet the following criteria. For any area that drains to the Chester Fishing Club Pond, the developer shall not opt-out of the Chesapeake Bay Preservation requirements. The Best Management Practice (BMP) used for the development shall be designed so that it can be monitored by the developer to determine if the percentage of removal of phosphorous, as indicated by the State, is being achieved. This monitoring plan shall be submitted by the developer to the Department of Environmental Engineering's Water Quality Section for their review and approval. Any open basins required for water quality or quality control shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed on the Property. The landscaping plan shall include landscaping adjacent to the ponds. At the time of site plan review, a plan depicting this requirement shall be submitted to the Planning Department for review and approval. (EE) 4. Uses. a o Except as qualified in paragraph b., the area designated as "C-3" on the plan prepared by Balzer and Associates, Inc., entitled Brander's Bridge and Route 10 Property, Conceptual Zoning Plan, dated August 4, 1999 ("Conceptual Plan"), shall be developed as a shopping center with out parcels; provided uses on that portion of the Berger tract, Tax I.D. #783-652-1315, identified in paragraph b., shall be limited to business, professional or medical offices. The maximum area of the "C-3" area shall be 16.2 acres; provided that C-3 uses, excluding those uses permitted by right or with restrictions in the Neighborhood Office (O-1) District, shall not exceed 85,000 gross square feet. A minimum of an 8,000 gross square foot building shall be constructed at the northeastern most portion of Tax I.D. #783-652-1315 (Berger tract); provided however, that a BMP may be constructed between such building and Route 10. The uses permitted within this building shall be limited to business, medical or professional office uses. Until certificates of completion have been issued for this building, no more than 50,000 gross square feet of C-3 uses, excluding those uses permitted by right or with restrictions in the Neighborhood 99-996 Office (O-1) District, shall receive any certificates of occupancy. Except as qualified herein, the area designated as C-3 on the Conceptual Plan shall be limited to those uses permitted by-right and those permitted with restrictions in the C-3 District except the following uses shall not be permitted: Cocktail lounges and nightclubs, but not including sit-down restaurants or cafeterias. (Note: The purpose of this proffer is to restrict uses that primarily sell on-premises alcoholic beverages; however, restaurants with accessory sale of alcoholic beverages are not intended to be included in this restriction.) Pool halls. Second hand shops. (NOTE: Even in the event additional uses are allowed in the C-3 zoning classification, at no time shall multifamily housing, townhouses, or pawnshops be permitted.) do The area designated as "0-2" on the "Conceptual Plan" shall be limited to the following uses: Access to any land that is located in an agricultural, office, business or industrial district or used for agricultural, office, business or industrial purposes. Art school, gallery or museum. Banks and savings and loan associations. Brokerages. Churches and/or Sunday schools. Communication studios, stations and/or offices exclusive of towers. Eyewear sales and service. Libraries. Medical clinics. Messenger or telegraph services. Offices. Post Office and mailing services. Nursery schools and child or adult care centers. Schools, business, dance, and/or music. Telephone exchanges. Underground utility uses except as provided in section 19-145(a), when such uses are located in easements or in public rights-of-way. (P) 5. Transportation Prior to any final site plan approval, the following rights of way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: One hundred (100) feet of right of way on the south side of Route 10, measured from the centerline of that part of Route 10, immediately adjacent to the property; 99-997 bo Co Forty-five (45) feet of right of way on the east side of Branders Bridge Road, measured from the centerline of that part of Branders Bridge Road, immediately adjacent to the property; and Forty-five (45) feet of right of way on the north side of West Hundred Road, measured from the centerline of that part of West Hundred Road, immediately adjacent to the property. (T) Direct access from the property to Route 10 shall be limited to two (2) entrance/exits. One (1) Route 10 access shall be located approximately midway of the Route 10 property frontage, and the second Route 10 access shall be located towards the eastern property line. Direct access from the property to Branders Bridge Road shall be limited to one (1) entrance/exit that aligns Carver Heights Drive. The Transportation Department may modify this proffered condition regarding access to Branders Bridge Road to allow one (1) additional access to Branders Bridge Road, if adequate access separation and road improvements including construction of a raised median along Branders Bridge Road, as determined by the Transportation Department, is provided. Direct access from the property to West Hundred Road shall be limited to one (1) entrance/exit located towards the eastern property line. The exact location of these accesses shall be approved by the Transportation Department. Prior to any site plan approval, an access easement(s), acceptable to the Transportation Department, shall be recorded across the property to ensure shared use of these accesses with adjacent properties. (T) To provide an adequate roadway system, the developer shall be responsible for the following: Construction of an additional lane of pavement along the eastbound lanes of Route 10 for the entire property frontage; Construction of additional pavement along the eastbound lanes of Route 10 at each approved access to provide a separate right turn lane; Construction of a new crossover on Route 10, east of the Branders Bridge Road intersection, located towards the eastern property line. The exact location of this crossover shall be approved by the Transportation Department. Adequate left turn lanes shall be constructed in both directions on Route 10 at this crossover; Full cost of traffic signalization at the site access/Route 10 intersection, if warranted as determined by the Transportation Department; Construction of an additional lane of pavement along Branders Bridge Road for the entire property frontage to include left and right turn lanes at the site access/Branders Bridge Road intersection; Full cost of traffic signal modification at the Branders Bridge Road/Route 10 intersection, if 99-998 required as determined by the Department; Transportation Construction of additional pavement along West Hundred Road at the approved access to provide left and right turn lanes; if warranted based on Transportation Department standards; Relocation of the ditch to provide an adequate shoulder along the north side of West Hundred Road for the entire property frontage; and Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. do Prior to any final site plan approval, a phasing plan for the required road improvements, as identified herein, shall be submitted to and approved by the Transportation Department. (T) Architecture. Any building developed on the 0-2 Property, including the building(s) on the eastern most portion of the Berger tract, Tax I.D. #783-652-1315, shall have an architectural style, materials and colors similar to the Rivers Bend Shopping Center or equivalent, with equivalent to be determined by the Planning Commission. Furthermore, no building within the "0-2" tract shall have a gross floor area greater than twelve thousand square feet. Any building developed on the C-3 Property shall have an architectural style, materials and colors similar to the Rivers Bend Shopping Center or equivalent, with equivalent to be determined by the Planning Commission. (P) Buffer. Within the "C-3" tract, a seventy-five (75) foot buffer shall be maintained adjacent to Tax Id's 783-652- 3521 and 783-651-2283. Within the "0-2" tract, a fifty (50) foot buffer shall be maintained adjacent to Tax ID 783-651-2283 and Branders Bridge Road. These buffers shall conform to sections 19-520 (a), 19-521 and 19-522 of the Zoning Ordinance. (NOTE: This condition allows modification of the buffer requirements by the Planning Commission through site plan review.) Building Height. The maximum height of any building in the "0-2" tract shall be 2~ stories or forty-five (45) feet, whichever is less. (P) Site Design. Within the "0-2" tract, buildings and parking shall be located as generally shown on the plan prepared by Balzer and Associates, Inc., entitled "Branders Bridge and Route 10 Property" dated November 1, 1999. Specifically, building~ shal%, be. located such that parking is not located between the building facades that are generally parallel to West Hundred 99-999 Road, Branders Bridge Road and the aforementioned roads. bo The ultimate design of the development shall generally conform with the Plan prepared by Balzer and Associates, Inc., entitled "Branders Bridge and Route 10 Property" dated November 1, 1999. The location of driveways, parking areas, roads and buildings need not be exactly as shown on the Plan; however, the concepts of'the Plan shall be generally adhered to such as the relationship between uses within the development to each other and the relationship of the uses to adjacent properties and public rights of way. Ayes: Daniel, Barber, and Humphrey. Nays: None. Absent: McHale and Warren. 19. ADJOURNMENT After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 10:52 p.m. until January 12, 2000 at 4:00 p.m. Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Chai_man ~ ~ 99-1000