Loading...
02-23-2000 MinutesBOARD OF SUPERVISORS MINUTES February 23, 2000 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mrs. Renny 3. Humphrey, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Kelly E. Miller Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Po_ice Department Dr. William Bosher, Jr. Supt., School Board Mr. Craig Bryant, Dir., Utilities Ms. Marilyn Cole, Asst. County Administrator Ms. Rebecca Dickson, Dir., Budget and Management Mr. William D. Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Francis Pitaro, Dir., General Services Ms. Sarah Snead, Dir., Social Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir. Block Grant Office Mr. Warren called the regularly scheduled meeting to order at 3:50 p.m. 2/23/00 00-104 1. D~PPROVAL OF MINUTES FOR FEBRUARY 9, 2000 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of February 9, 2000, as submitted. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS There were no County Administrator's Comments at this time. 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board added Item 8.C.2.e., Resolution Requesting Regional Competitiveness Act Funding for Summer Youth Employment and Training Program; added Item 8.C.2.f., Resolution Recognizing Mrs. Vinnie Walker Cook on Her 100th Birthday; replaced Item 8.C.5.c., Set Date for Public Hearing to Rescind Amendments to County Code Section 19-159 and Reenact Those Amendments with an Effective Date of June 21, 2000; replaced Item 8.C.8., Authorization to Execute a Contract to Sell Approximately 2.5 Acres in the Chesterfield County Industrial Airpark to Airport Investment, L.L.C. and Set Date for Public Hearing to Approve the Sale; added Item 8.C.15., Amendment to December 15, 1999 Minutes; added Item 10.D., Closed Session Pursuant to Section 2.1-344A.7, Code of Virginia, 1950, As Amended, for Consultation with Legal Counsel Related to Vulcan v. Jacobson; moved Item 8.C.10., Transfer of Funds for the Construction of Coalboro Road Extended in Conjunction with Vulcan Materials Company, to follow Item 10.D., Closed Session Pursuant to Section 2.1-344A.7, Code of Virqinia, 1950, As Amended, for Consultation with Legal Counsel Related to Vulcan v. Jacobson; added Item 14.F., Resolution Recognizing Mr. Irvin G. Horner for His Substantial Contributions to Chesterfield County; and adopted the Agenda, as amended. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING MR. MELVIN SHAFFER FOR HIS SERVICE TO THE CAPITAL REGION AIRPORT COMMISSION Mr. Stegmaier introduced Mr. Melvin Shaffer who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Melvin C. Shaffer is a commercial airplane pilot; and 00-105 2/23/00 ,j WHEREAS, Mr. Shaffer wished to put his knowledge of the aviation industry to work for the good of the community; and WHEREAS, Mr. Shaffer served on the Capital Region Airport Commission from May 1, 1984 until December 31, 1999; and WHEREAS, Mr. Shaffer served as treasurer of that body for nine years; and WHEREAS, Mr. Shaffer served on various standing committees, including Administrative and Personnel; Planning and Construction; and Finance; and WHEREAS, Mr. Shaffer also served on several special committees, such as the Diversified Business Enterprise Committee and the By-laws Committee; and WHEREAS, Mr. Shaffer's diligent work in all these capacities served the people of the Greater Richmond Metropolitan Area; and WHEREAS, the Board of Supervisors is grateful for Mr. Shaffer's community service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Melvin C. Shaffer, expresses appreciation for his dedicated service, and wishes him continued success in his future endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Shaffer and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren presented the executed resolution to Mr. Shaffer, expressed appreciation for his dedicated service to the Capital Region Airport Commission, and wished him well in future endeavors. Mr. Shaffer expressed appreciation to the Board for the opportunity to serve and stated that he feels appointment of representatives from the travel and transportation industries to the Capital Region Airport Commission would be beneficial. Mr. Warren also presented Mr. Shaffer with a plaque from the Airport Commission commemorating his service. 6. WORK SESSIONS o COUNTY ADMINISTRATOR'S FY2001 PROPOSED BUDGET Ms. Dickson stated that this work session is the first of three work sessions during which staff will present proposed expenditures for FY2001. Dr. Bosher came forward to present an overview of the School Board's FY2001 proposed budget. He stated that, at this point, it is unclear what funding will be provided to the Schools by the State and that, once the figures are received, he and Mr. Ramsey will work together to offer proposals to the School 2/23/00 00-106 Board and the Board and will schedule a joint meeting of the two Boards, if they desire. He presented significant facts about the School Board and stated that 76 counties and 29 cities in the Commonwealth having populations smaller than the County's student body. He reviewed the total FY2001 Annual Financial Plan totaling $361,270,400; FY2001 Operating Revenues; and FY2001 Operating Expenditures. He then reviewed continuing priorities including the Virginia Retirement System; group life insurance; health insurance; debt service; and County provided services. He reviewed the FY2001 initiative of enhancing programs for students, including a reduction in the middle school pupil teacher ratio; additional elementary aides; specialty centers; expanded summer school; special education; gifted education; technology; and additional buses and drivers. He reviewed the FY2001 initiative of recognizing colleagues including the compensation plan; adjustments for principals and assistant principals; and a five percent increase in substitute pay. He stated that everyone in the School Board's instructional line, including assistant principals, principals, central office specialists, and others will be substitute teaching two days per year, for which he anticipates a cost savings of $30,000. He continued to review the FY2001 initiative of recognizing colleagues, including reimbursement for professional development; computers for teacher use; and substitute training. He reviewed the FY2001 initiative of improving the school environment including front office staffing; testing coordinators at high schools; increased contract time for clinic assistants; employee uniforms for maintenance staff, bus drivers and custodial staff; and a replacement playground equipment schedule. He then reviewed fiscal responsibility and stated that 88 percent of the school divisions in the State spend more per pupil than Chesterfield; of the 15 largest systems in the State, Chesterfield spends the least in total cost of operations per pupil and the most per student on debt service; and less than two percent of all expenditures were for administration which is 27 percent under the State average. He then reviewed High Academic Achievement and stated that the County's pass rates on Standards of Learning tests met or exceeded the State's on 26 of 27 tests. There was brief discussion relative to funding for security issues. Mrs. Humphrey elaborated on her experience as a substitute teacher and suggested that Mr. Ramsey evaluate the possibility of volunteer substitute teaching for department heads. She stated that she will donate a day for substitute teaching during FY2001. Colonel Baker came forward and presented an overview of the Police Department's FY2001 budget. He reviewed accomplishments including opening the community policing office at Cloverleaf Mall; instituting the Watch Commander Program; beginning Phase 1 of the Jefferson Davis District Station; holding the first Citizens' Academy; instituting a Mentoring Program among sworn personnel; becoming National Incident Based Reporting System certified; expanding the School Resource Officer program; and winning two National Association of Counties (NACo) Awards. He reviewed Total Quality Initiatives and the Major Issue of maintaining a viable workforce. When asked, Colonel Baker stated that the Police Department currently has approximately 40 vacant positions and is currently involved in recruiting efforts across the east coast 2/23/00 00-107 as well as at major colleges. He further stated that County police officers are being lost primarily to higher paying federal agencies. Colonel Baker reviewed the Major Issue of increasing traffic problems and stated that the Police Department hopes to reduce the number of personal injury accidents through seatbelt enforcement and education. He continued to review Major Issues including increasing juvenile crime arrests; population growth; and the need to fully staff district stations throughout the County. He reviewed the four Police Radio Zones and stated that he anticipates the necessity for four district stations within five to ten years to keep up with growth. He reviewed the FY2001 Recommended Budget including additional funds for local match to grants; five percent salary increase for supervisors given in FY99; operating costs for Jefferson Davis District Station; and funding for replacement vehicles. He stated that the FY2001 Requested Budget is $33,503,200 and noted that the continuing increase in fuel prices will affect the County as a whole. He then reviewed Calls and Assignments; 1998 Crime Rates Per 100,000 Population; Uniform Crime Rate (UCR) Clearance Rate; Average Police Response Time; Cost Per Capita for Law Enforcement Services 1998 Comparison; Number of Traffic Fatalities; Traffic Death Rate Per 100 Million Miles; Number of Personal Injury Accidents; Total Motor Vehicle Accidents; and Number of Volunteer Man Hours. He reviewed Additional Funding Requests including grant funding; a replacement surveillance vehicle; three detectives; and 24 police officers. He stated that it takes five officers to fill a desk position 24 hours a day. There was brief discussion relative to the difference between the additional funding requests for grant funding and the 24 new police officers. Mr. Ramsey stated that the additional funding request for grant funding would be for additional dollars assuming that all positions could be filled. He further stated that the additional funding request for 24 police officers is necessary to staff the desks at the two precincts. Colonel Baker reviewed the Additional Funding Request for four Sergeants. He then reviewed accomplishments of Animal Control including forming a partnership with the Chesterfield County Humane Society; developing educational programs for responsible pet ownership; and increased adoption/return to owners by 50 percent. He reviewed the FY2001 recommended budget including one new Kennelmaster position and additional operating funds. He then reviewed Calls for Service and Animals Impounded. He reviewed Animal Control's two Additional Funding Requests including one Senior Office Assistant and one Animal Control Officer. Mr. Stith came forward and presented an overview of Community Development's FY2001 proposed budget including the $71.63 million Proposed Budget By Department and FY2001 Estimated Revenues of $64.59 million. He reviewed Community Development accomplishments including continuing the County's strategy for long range growth and development; managing the largest increase in commercial growth activities; and managing activities related to $500 million in new construction/growth. He then reviewed future issues including funding and implementation of the Community Development Information System; the need for additional office space; and staff and resources 2/23/00 00-108 to support complex issues surrounding the County's growth. He reviewed Building Inspections's 1999-2000 Successes as well as TQI Successes; Community Development Bloc~ Grant Office's 1999- 2000 Successes; and Economic Development's 1999-2000 Successes. He reviewed Future Issues of Economic Development including expansion of small and minority business initiatives; workforce development; redefining of manufacturing processes to reflect new technologies; and continuing to improve the rate of commercial growth. He then reviewed Environmental Engineering's 1999-2000 Successes and stated that initial reviews of new subdivisions has been reduced to an average of 17 days. He reviewed Future Issues of Environmental Engineering including meeting State mandated inspections levels; BM? maintenance operations; and staffing in the drainage maintenance section. He reviewed the Planning Department's 1999-2000 Successes and Future Issues, including new ordinances to shape residential development and new programs for aging communities. He reviewed the Transportation Department's 1999-2000 Successes as well as Total Quality Improvement Successes. Mr. Barber stated that the Transportation Department works very efficiently and that most transportation project delays are a result of the State's process. Mr. Stith reviewed Utilities Department 1999-2000 Successes; Comparison of Average Bimonthly Bills for Water and Wastewater Service; Comparison of Connection Fees; and the Utilities Department Future Issue of increased maximum day water demands. Mr. Ramsey stated that the County's average daily usage is in line with projections and that peak day demands are much higher than projected. He further stated that the increase in peak day demand led to the recommendation for expansion of the Appomattox River Water Authority. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. AUTHORIZATION TO ADVERTISE TAX RATES FOR FY2001 BIENNIAL FINANCIAL PLAN AND SET DATE FOR PUBLIC HEARING Ms. Dickson stated that the Proposed FY2001 Biennial Financial Plan will include a recommendation for an increase in departmental revenues to cover the cost of certain service enhancements. She further stated that ordinance changes needed to achieve the revenues included in the budget were presented to the Board at the revenue work session on February 9, 2000. She stated that the proposed budget will continue the reduction of the BPOL tax begun in the current year which caps projected BPOL revenue at $16.9 million and that the BPOL ordinance change and public hearing will be requested at a later date. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the advertisement of tax rates, Proposed FY2001 Biennial Financial Plan, FY2001-2005 Capital Improvement Program, FY2001 Community Development Block Grant Program, and other ordinance changes and set the date of March 22, 2000 00-109 2/23/00 .j beginning at 7:00 p.m. for public hearings to consider these items. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. McHale made a motion, seconded by Mr. Barber, for the Board to suspend its rules to add Item 8.B.2., Appointments to the Richmond Regional Planning District Commission. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B. APPOINT~ENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Appomattox Basin Industrial Development Corporation and Richmond Regional Planning Commission. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.1. APPOMATTOX BASIN INDUSTRIAL DEVELOPMENT CORPORATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. James Daniels, representing the County at-large, to serve on the Appomattox Basin Industrial Development Corporation, whose term is effective immediately and will expire September 30, 2000. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.2. RICHMOND REGIONAL PLANNING DISTRICT COMMISSION On motion of Mr. McHale, seconded by Mr. Barber, the Board nominated/appointed Mrs. Renny B. Humphrey to serve as an additional Board of Supervisors representative on the Richmond Regional Planning District Commission, whose term is effective immediately and will expire December 31, 2003. And, further, the Board nominated/reappointed Mr. Russell J. Gulley, Planning Commission representative, to serve on the Richmond Regional Planning District Commission, whose term is effective immediately and will expire December 31, 2003. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mrs. Humphrey stated that the County has been recognized as the largest jurisdiction in the region and, therefore, will now hold five positions on the Richmond Regional Planning District Commission -- more than any other jurisdiction in the region. 2/23/00 00-110 8. C. CONSENT ITEM.~ 8.C.1. APPROVAL OF ADDITIONAL SCHOOL BOARD GRANTS FOR FY2000 On motion of Mr. McHale, seconded by Mr. Warren, the Board increased the Instruction appropriation category in the School Board Grants Fund by $230,115 ($224,409 in local donations plus $5,706 in federal funds) for three additional grants for the school system for FY2000. (It is noted no local funds are involved.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 .C.2. 8 .C.2 .a. ADOPTION OF RESOLUTIONS RECOGNIZING MR. HARRY G. DANIEL FOR HIS SERVICE TO THE CAPITAL REGION AIRPORT COMMISSION On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Harry G. Daniel dedicated many long years to public service in Chesterfield County and the region; and WHEREAS, Mr. Daniel represented Chesterfield County on the Capital Region Airport Commission from May 1, 1986 until January 12, 2000; and WHEREAS, Mr. Daniel was a steadfast proponent of efforts to make the Richmond International Airport competitive in the world market; and WHEREAS, Mr. Daniel served three terms as the commission chairman, serving in this capacity in Fiscal Years 92/93; 93/94 and 94/95; and WHEREAS, Mr. Daniel also served on various special committees during his tenure with the commission; and WHEREAS, Mr. Daniel served as Executive Director of the Search Committee; and WHEREAS, Mr. Daniel served two years on the Legislative Committee; and WHEREAS, Mr. Daniel was Chairman of the Airline Lease Negotiation Committee; and WHEREAS, Mr. Daniel served for three years on the Executive Committee; and WHEREAS, Mr. Daniel also Governmental Affairs Committee. served on the External NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Harry G. Daniel for his long and dedicated service to the Capital Region Airport Commission, and expresses appreciation for his outstanding work in this capacity on behalf of the region. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2/23/00 00-111 8.C.2.b. RECOGNIZING LIEUTENANT KENNETH TANNER, FIRE DEPART~.NT, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Lieutenant Kenneth Tanner will retire from the Fire Department, Chesterfield County, on March 1, 2000; and WHEREAS, Lieutenant Tanner attended Recruit School %2 in 1972 and has faithfully served the County for nearly twenty- eight years in various assignments as a Firefighter and Sergeant at the Bon Air Fire Department; as a Sergeant at the Wagstaff Fire Department; as a Sergeant at the Dale Fire Department; as a Lieutenant at the Dutch Gap Fire Station; as a Lieutenant at the Airport Fire Station; and as a Lieutenant at the Matoaca Fire Department; and WHEREAS, Lieutenant Tanner was involved in the successful rescue of a child that had fallen through thin ice in February 1980; and WHEREAS, Lieutenant Tanner was recognized as an effective leader at emergency scenes, including a key tactical position at the John Tyler Community College fire that prevented the fire from spreading to other parts of the building; and WHEREAS, Lieutenant Tanner was recognized in March 1988 with an Emergency Medical Services award for his role in saving the life of a citizen suffering from cardiac arrest; and WHEREAS, Lieutenant Tanner became an advocate for the new drug and alcohol policy by attending training and assisting other employees to better understand and embrace this new policy. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Kenneth Tanner, expresses the appreciation of all residents for his service to the County, and extends their appreciation for his dedicated service, their congratulations upon his retirement, and their best wishes for a long and happy retirement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.2.d. SUPPORTING THE DESIGN OF THE SALEM CHURCH ROAD RECONSTRUCTION PROJECT FROM KINGSLAND ROAD TO BEULAH ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Salem Church Road from Kingsland Road to Beulah Road is expected to carry over 6,000 vehicles per day by 2012; and WHEREAS, Salem Church Road has a poor vertical and horizontal alignment and frequently floods; and WHEREAS, Salem Church Road should be improved to make it safer and reduce the frequency of flooding; and 2/23/00 00-112 WHEREAS, the Salem Church Road reconstruction from just north of Kingsland Road to Beulah Road is included in Chesterfield County's Secondary Road Six Year Improvement Plan; and WHEREAS, the Virginia Department of Transportation (VDOT) has conducted a public hearing on the design of the Salem Church Road reconstruction. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors supports VDOT's Salem Church Road Reconstruction Design and asks that the acceleration lane on Beulah Road be deleted from the project. AND, BE IT FURTHER RESOLVED, that the Board requests VDOT to proceed with the right-of-way acquisition and construction of the project as quickly as possible. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 .C.2 .e. REQUESTING REGIONAL COMPETITIVENESS ACT FUNDING FOR SUMMER YOUTH EMPLOY/~NT AND TRAINING PROGRAM On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, with the transition from the Job Training Partnership Act to the Workforce Investment Act which will occur July 1, 2000, the federal funds that have been historically used to fund Summer Youth Employment and Training Programs are not available this year; and WHEREAS, without funding approximately 500 youth between the ages of 14 and 21 years will not have jobs this summer; and WHEREAS, The Capital Area Training Consortium and the Richmond Career Advancement Center have submitted an application to the Richmond Regional Planning District Commission for $100,000 in Regional Competitiveness Act Funds for a Summer Youth Employment and Training Program. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors urges the favorable support of the Richmond Regional Planning District Commission in amending the Regional Competitiveness Act to provide $100,000 for a Summer Youth Employment and Training Program for the metropolitan area. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.2.f. RECOGNIZING MRS VINNIE WALKER COOK ON HER 100TH BIRTHDAY On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mrs. Vinnie Walker Cook was born in Emporia, Virginia on March 11, 1900, and accordingly will mark her centennial on March 11, 2000; and WHEREAS, Mrs. Cook's mother died when she was eight days old and she and her brother were raised by cousins; and 2/23/00 00-113 WHEREAS, Mrs. Cook began to work at an early age and, therefore, acquired a limited education; and WHEREAS, Mrs. Cook's family relocated to Petersburg, Virginia where she met and married the love of her life, Mr. Charlie L. Cook, and, to that union, nine children were born; and WHEREAS, Mrs. Cook and her husband became members of Shiloh Baptist Church in Chesterfield County, where they faithfully served until declining health; and WHEREAS, Mrs. Cook served as a Deaconess as well as on many special committees at Shiloh Baptist Church and also loaned her talents to the King David Lodge Number 233; and WHEREAS, Mrs. Cook's maternal commitment led to being the recipient of Shiloh Baptist Church's "Mother of the Year" Award in the 1980's and continued through the years as she became an integral part of her grandchildren's lives; and WHEREAS, Mrs. Cook now resides in Chesterfield County with her daughter and has truly been a blessing to her family, church and community. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the significant contributions of Mrs. Vinnie Walker Cook, wishes her a happy 100th birthday, and is proud to have her as a resident of Chesterfield County. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.3. ACCEPTANCE OF PARCELS OF LAND 8.C.3.a. LYING SOUTH OF THE RIGHT OF WAY LINE OF GROVE PLACE FROM EDWARD I. HARDY, TRUSTEE On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.199 acres lying south of the right of way line of Grove Place (State Route 1535) from Edward I. Hardy, Trustee, 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.3.b. ;%LONG THE WEST RIGHT OF WAY LINE OF OLD STAGE ROAD FROM PRAMOD C. AMIN On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.051 acres along the west right of way line of Old Stage Road (State Route 732) from Pramod C. Amin 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-114 8.C.3.c. ALONG THE SOUTH RIGHT OF WAY LINE OF WEST HUNDPW.~ ROAD FROM CHESTERFIELD ASSOCIATES, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.243 acres along the south right of way line of West Hundred Road (State Route 10) from Chesterfield Associates, 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.4. APPROVAL OF CONTRACTS 8.C.4.a. TO JAMES FOX AND SONS FOR THE SMOKETREE DRIVE AND GORDON SCHOOL ROAD SIDEWALK PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a construction contract in the amount of $620,000 to James Fox and Sons for the Smoketree Drive and Gordon School Road Sidewalk Project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.4 .b. TO NINE ONE ONE, INCORPORATED TO MANUFACTURE AND INSTALL A TELEPHONE SWITCH TO SUPPORT THE NEW PUBLIC SAFETY COMMUNICATIONS SYSTEM On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a contract, in an amount not to exceed $927,000, to Nine One One, Incorporated for manufacturing and installing a telephone switch to support the new Public Safety Communications System and authorized the County Administrator to execute the necessary agreement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.5. SET DATE FOR PUBLIC HEARINGS 8.C.5.a. TO CONSIDER FY01 THROUGH FY06 SECONDARY ROAD SIX YEAR IMPROVEMENT PLAN; FY01 SECONDARY ROAD IMPROVEMENT BUDGET; AND CHESTERFIELD ROAD FUND AND SURFACE TRANSPORTATION PROGRAM FUND PROJECT DEVELOPMENT SCHEDULES On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of March 15, 2000 at 7:00 p.m. for a public hearing to consider the FY01 through FY06 Secondary Road Six Year Improvement Plan, FY01 Secondary Road Improvement Budget, and Chesterfield Road Fund and Surface Transportation Program Fund Project Development Schedules. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-115 2/23/00 8.C.5.b. TO CONSIDER APPROPRIATION OF FUNDS FOR COMPREHENSIVE SERVICES On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of March 15, 2000 at 7:00 p.m. for a public hearing to consider the appropriation of up to $750,000 for Comprehensive Services. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.5.c. TO RESCIND AMENDMENTS TO COUNTY CODE SECTION 19-159 AND REENACT THOSE AMENDMENTS WITH AN EFFECTIVE DATE OF JUNE 21, 2000 On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of May 24, 2000 at 7:00 p.m. for a public hearing to consider rescinding amendments to County Code Section 19-159 relative to multi-family and townhouse residential uses in C-3, C-4 and C-5 districts and reenacting those amendments with an effective date of June 21, 2000. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.6. APPROVAL OF UTILITY CONTRACT WITH RMC CONTRACTORS, INCORPORATED FOR HAMPTON PARK DRIVE AND OTTERDALE ROAD PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following Utility Contract for Hampton Park Drive and Otterdale Road - Contract Number 99-0010, which includes 1,760 L.F. ± of sixteen inch oversized water lines: Developer: Contractor: RMC Contractors, Incorporated Contract Amount: Estimated Total - Total Estimated County Cost: Water (Oversizing) (Refund thru connections) Estimated Developer Cost Code: (Oversizing) District: Matoaca Hampton Park Associates, L.L.C. $108,754.00 $41,380.00 $67,374.00 5B-572VO-E4C (It is noted a copy of the vicinity map is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.7. CONVEYANCE OF EASEMENTS 8.C.7.a. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUND CABLE TO PROVIDE SERVICE TO THE NEW LAPRADE BRANCH LIBRARY On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground 2/23/00 00-116 cable to provide service to the new LaPrade Branch Library. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.7 .b. TO B~LL ATLANTIC-VIRGINIA, INCORPORATED TO PROVIDE SERVICE FOR THE CHESTER LIBRARY On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated to provide service for the Chester Library. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.8. AUTHORIZATION TO EXECUTE A CONTRACT TO SEL?. APPROXIMATELY 2.5 ACRES IN THE CHESTERFIELD COUNTY INDUSTRIAL AIRPARK TO AIRPORT INVESTMENT, L.L.C. AND SET DATE FOR PUBLIC HEARING TO APPROVE THE S~?.m On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract to sell approximately 2.5 acres in the Chesterfield County Industrial Airpark to Airport Investment, L.L.C. and set the date of March 15, 2000 at 7:00 p.m. for a public hearing to approve the sale of the property. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.9. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Warren, 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 County constructed the streets described below as new roads and the Virginia Department of Transportation's Subdivision Street Requirements require developers of new roads to provide a surety to correct any faults in workmanship and materials that develop during the first year following the acceptance of new roads as part of the secondary system of state highways; and WHEREAS, the County hereby agrees to reimburse the Virginia Department of Transportation for all costs it may incur in correcting defects in the roads described below for that one-year period; 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 00-117 2/23/00 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 Virqinia, 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: Addition Basis for Change: Addition, Access (Local Government Facility §33.1-229) Statutory Reference: §33.1-229 Project: 0655-020-304,M501 (Lucy Corr BI. / Frith Ln.) Lucy Corr Boulevard, State Route Number: 4794 From: Iron Bridge Rd,, (Rt. 10) To: *Courts Complex Rd., (Rt. 4795), a distance of: 0.29 miles. Right-of-way record was filed on 7/12/99 in the Office Of Clerk To Circuit Court in Db. 3618; Pg. 734, with a width of 90 Feet *Courts Complex Road formally known as Lucy Corr Court. Frith Lane, State Route Number: 4793 From: Iron Bridge Rd., (Rt. 10) To: Lori Rd., (Rt. 655), a distance of: 0.11 miles. Right-of-way record was filed on 7/12/99 in the Office Of Clerk To Circuit Court in Db. 3618; Pg. 726, with a width of 60 Feet Project: Government Center Py (AKA Lucy Corr Drive) Government Center Parkway, State Route Number: 4796 From: Lucy Corr BI., (Rt. 4795) [Formally Lucy Corr Ct.] To: Courthouse Rd. Extended, (Rt. 2099), a distance of: 0.29 miles. Right-of-way record was filed on 4/19/99 in the Office Of Clerk To Circuit Court in Db. 3546; Pg. 241, with a width of 120 Feet And, further, 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 Virqinia, and the Department's 2/23/00 00-118 Subdivision AND, clear and necessary AND, Street Requirements. BE IT FURTHER RESOLVED, that this Board guarantees a unrestricted right-of-way, as described, and any easements for cuts, fills and drainage. 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: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.'1-229 Project: Jessup Meadows, Section B · Zion Ridge Court, State Route Number: 5276 From: Cul-de-sac To: Zion Ridge Dr., (Rt. 5275), a distance of 0.03 miles. Right-of-way record was filed on 4/6/98 in the Office of Clerk to Circuit Court in Pb. 98, Pg. 16, with a width of 40 Feet ® Zion Ridge Drive, State Route Number: 5275 From: Zion Ridge Ct., ( Rt. 5276) To: Jessup Meadows Dr., (Rt. 3928), a distance of 0.12 miles. Right-of-way record was filed on 4/6/98 in the Office of Clerk to Circuit Court in Pb. 98, Pg. 16, with a width of 44 Feet · Zion Ridge Drive, State Route Number: 5275 From: Section Limits .06 Mi. W. of Zion Ridge Ct., (Rt. 5276) To: Zion Ridge Ct., (Rt. 5276), a distance of 0.06 miles. Right-of-way record was filed on 4/6/98 in the Office of Clerk to Circuit Court in Pb. 98, Pg. 16, with a width of 44 feet · Jessup Meadows Drive, State Route Number: 3928 From: Section Limits .01 Mi. S. of Jessup Pond Ln., (Rt. 3929) To: Existing Jessup Meadows Dr., (Rt. 3928), a distance of 0.06 miles. Right-of-way record was filed on 4/6/98 in the Office of Clerk to Circuit Court in Pb, 98, Pg. 16, with a width of 50 Feet And, further, the Board adopted the WHEREAS, the streets described below recorded in the Clerk's Office of the Chesterfield County; and following resolution: are shown on plats Circuit Court of 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. 00-119 2/23/00 AND, BE IT FURTHER clear and unrestricted necessary easements for RESOLVED, that this Board guarantees a right-of-way, as described, and any cuts, fills and drainage. RESOLVED, that a certified copy of this Engineer for the AND, BE IT FURTHER resolution be forwarded to the Resident Virginia Department of Transportation. Type Chan.qe to the Secondary System of State Hiqhways: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Brandy Oaks, Section 2 Addition Walkmill Reach Trail, State Route Number: 5360 From: Marshall Pointe TI., ( Rt. 5364) To: Cul-de-sac, a distance of 0.23 miles. Right-of-way record was filed on 2/25/94 in the Office of Clerk to Circuit Court in Pb. 83; Pg. 71-74, with a width of 50-90 Feet Walkmill Reach Trail, State Route Number: 5360 From: Walke Pointe Wy., ( Rt. 5363) To: Marshall Pointe TI., (Rt. 5364), a distance of 0.14 miles. Right-of-way record was filed on 2/25/94 in the Office Of Clerk to Circuit Court in Pb. 83; Pg. 71-74, with a width of 50-90 Feet Walkmill Reach Trail, State Route Number: 5360 From: Meredith Pointe Wy., (Rt. 5361) & Madison Pointe Wy. To: Walke Pointe Wy., (Rt. 5363), a distance of 0.08 miles. Right-of-way record was filed on 2/25/94 in the Office Of Clerk To Circuit Court in Pb. 83; Pg. 71-74, with a width of 50-90 Feet Marshall Pointe Trail, State Route Number: 5364 From: Cul-de-sac To: Walkmill Reach TI., (Rt. 5360), a distance of 0.07 miles. Right-of-way record was filed on 2t25/94 in the Office of Clerk to Circuit Court in Pb. 83; Pg. 71-74, with a width of 50 Feet Walke Pointe Way, State Route Number: 5363 From: Cul-de-sac To: Walkmill Reach TI., (Rt. 5360), a distance of 0.25 miles. Right-of-way record was filed on 2/25/94 in the Office of Clerk to Circuit Court in Pb. 83; Pg. 71-74, with a width of 50 Feet Madison Pointe Way, State Route Number: 5362 From: Walkmill Reach TI., ( Rt. 5360) To: Cul-de-sac, a distance of 0.07 miles. Right-of-way record was filed on 2/25/94 in the Office of Clerk to Circuit Court in Pb. 83; Pg. 71-74, with a width of 50 Feet Meredith Pointe Way, State Route Number: 536! From: Cul-de-sac To: Walkmill Reach TI., (Rt. 5360), a distance of 0.08 miles. Right-of-way record was filed on 2/25/94 in the Office of Clerk to Circuit Court in Pb. 83; Pg. 71-74, with a width of 50 Feet 2/23/00 00-120 Walkmill Reach Trail, State Route Number: 5360 From: Beach Rd. (Rt. 655) @ Carters Way Blvd. (Rt. 6000) To: Meredith Pointe Wy., ( Rt. 5361) & Madison Pointe Wy., (Rt.5362), a distance of 0.07 miles. Right-of-way record was filed on 2/25/94 in the Office Of Clerk to Circuit Court in Pb. 83; Pg. 71-74, with a width of 50-90 Feet And, further, 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 Chan.qe to the Secondary System of State Hi.qhways: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: · Addition Brandy Oaks, Section 3 Mountcastle Drive, State Route Number: 5368 From: Brandy Crest Dr., ( Rt. 5367) To: Temporary barricade, a distance of 0.33 miles. Right-of-way record was filed on 8/9/94 in the Office Of Clerk To Circuit Court in Pb. 85, Pg 16-21, with a width of 50 Feet Brandy Crest Drive, State Route Number: 5367 From: Mountcastle Dr., (Rt. 5368) To: Cul-de-sac, a distance of 0.13 miles. Right-of-way record was filed on 8/9/94 in the Office Of Clerk To Circuit Court in Pb. 85, Pg 18-21, with a width of 50 Feet Brandy Crest Drive, State Route Number: 5367 From: Existing Hensley Rd., (Rt. 659) 0.41Mi. N of Brandy Field PI., (Rt. 5365) To: Mountcastle Dr., (Rt. 5368), a distance of 0.14 miles. Right-of-way record was filed on 8/9/94 in the Office Of Clerk To Circuit Court in Pb. 85, Pg 18-21, with a width of 50 Feet 00-121 2/23/00 Brandy Field Place, State Route Number: 5365 From: Existing Hensley Rd., ( Rt. 659) 0.32 Mi. N of Brandy Grove Ct., (Rt. 5366) To: Cul-de-sac, a distance of 0.06 miles. Right-of-way record was filed on 8/9/94 in the Office Of Clerk To Circuit Court in Pb. 85, Pg 18-21, with a width of 50 Feet Brandy Grove Court, State Route Number: 5366 From: Existing Hensley Rd., (Rt. 659) To: Cul-de-sac, a distance of 0.09 miles. Right-of-way record was filed on 8/9/94 in the Office Of Clerk To Circuit Court in Pb. 85, Pg 18-21, with a width of 50 Feet And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown en plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department ef Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements ef the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department ef Transportation te add the streets described below te the secondary system ef state highways, pursuant te ~ 33.1-229, Cede ef Virginia, and the Department's Subdivision Street Requirements AND, BE IT FURTHER clear and unrestricted necessary easements for AND, BE IT FURTHER RESOLVED, that a certified copy ef this resolution be forwarded te the Resident Engineer for the Virginia Department ef Transportation. RESOLVED, that this Beard guarantees a right-of-way, as described, and any cuts, fills and drainage. Type Change to the Secondary System of State Highways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Riverton, Section B Rivermist Court, State Route Number: 5417 From: Cul-de-sac To: Rivermist Rd., (Rt. 5415), a distance of 0.09 miles. Right-of-way record was filed on 12/20/95 in the Office Of Clerk To Circuit Court in Pb 89, Pg. 63-65, with a width of 40 Feet Rivermist Terrace, State Route Number: 5416 From: Cul-de-sac To: Rivermist Rd., ( Rt. 5415), a distance of 0.26 miles. Right-of-way record was filed on 12/20/95 in the Office Of Clerk To Circuit Court in Pb. 89, Pg. 63-65, with a width of 40 Feet 2/23/00 00-122 · Rivermist Road, State Route Number: 5415 From: Rivermist Ct., ( Rt., 5417) To: Cul-de-sac, a distance of 0.05 miles. Right-of-way record was filed on 12/20/95 in the Office Of Clerk To Circuit Court in Pb. 89, Pg. 63-65, with a width of 40 Feet · Rivermist Road, State Route Number: 5415 From: Rivermist Tr., ( Rt. 5416) To: Rivermist Ct., (Rt. 5417), a distance of 0.07 miles. Right-of-way record was filed on 12/20/95 in the Office Of Clerk To Circuit Court in Pb. 89, Pg. 63-65, with a width of 40 Feet · Rivermist Road, State Route Number: 5415 From: Existing James River Rd., (Rt. 3387) To: Rivermist Tr., (Rt. 5416), a distance of 0.08 miles. Right-of-way record was filed on 12/20/95 in the Office Of Clerk To Circuit Court in Pb. 89, Pg. 63-65, with a width of 55 Feet Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.11. APPROVAL OF CONSULTANT CONTRACT WITH MOSELEY HARRIS MCCLINTOCK ARCHITECTS FOR THE JAIL FACILITIES STUDY On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract with Moseley Harris McClintock Architects in the amount of $123,687 for the Jail Facilities Study. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.12. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FROM THE HOPEWELL JAYCEES FOR THE RIVERS BEND CONCERT SERIES On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request for a music/entertainment festival permit from the Hopewell Jaycees for a series of outdoor music concerts to be held at the Rivers Bend Center on Wednesday evenings from April 26 through July 26, 2000. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.13. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE CLOVER HILL DISTRICT IMPROVESfENT FUND TO THE PAi~KS AND RECREATION DEPARTMENT TO IMPROVE THE TRACK AT ~CHESTER MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $13,645 from the Clover Hill District Improvement Fund to the Parks and Recreation Department to improve the track at Manchester Middle School. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-123 2/23/00 8.C.14. APPROVAL OF WORKFORCE INVESTMENT ACT ~.MORANDUM OF UNDERSTANDING TO ESTABLISH GREATER RICHMOND WORKFORCE INVESTMENT BOABD On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors to execute a Workforce Investment Act Memorandum of Understanding to establish the Greater Richmond Workforce Investment Board. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.15. AMENDMENT OF DECEM!%_ER 15, 1999 MINUTES On motion of Mr. McHale, seconded by Mr. Warren, the Board amended the December 15, 1999 Board of Supervisors minutes as follows: FROM: "On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0157 subject to the following conditions: 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) 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." TO: "On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0157 subject to the following conditions: This Conditional Use shall be granted to and for Earl G. and Kaye C. Yarbrough only and shall not be transferrable nor run with the land. (P) o Occupancy of the second dwelling unit shall be limited to: Earl G. and Kaye C. Yarbrough, individuals related to them by blood, marriage, adoption of guardianship, foster children, guests and any domestic servants. (P) o Prior to the release of a building permit, a deed restriction shall be recorded setting forth the limitation in Condition 2 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." Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2/23/00 00-124 The following Item was pulled for discussion: 8.C.2.c. SUPPORTING THE DESIGN OF THE NEWBYS BRIDGE ROAD RECONSTRUCTION PROJECT FROM QUALLA ROAD TO 0.6 KILOMETER EAST OF QUALLA ROAD Mrs. Humphrey stated the State has proposed a new design project for Newbys Bridge Road that would correct a bad curve and drainage problem. She further stated that Federal funding for roads with traffic hazards has been identified for the project; but, because of the strict restrictions as to the realigning of ditch lines relative to Pocahontas State Park, the project will eliminate one of the County's producing farms. She stated that she will abstain from voting on this item because she does not agree with a road project eliminating a family farm. When asked, Mr. McCracken stated that all reasonable alternatives for the relocation have been exhausted. He further stated that approximately two to four acres is being taken from the farm land and that no dwellings are involved. He stated that the concern for safety is the rationale behind the road project. He further stated that other funding sources were investigated and that, even if another source for funding the realignment of Newbys Bridge Road were available, negotiations with Pocahontas State Park would not be possible according to Federal officials. Mrs. Humphrey stated that the ultimate solution for realignment of Newbys Bridge Road would have been an on-off ramp at Qualla Road and Route 288. She expressed concerns that no other option was made available for the project; the funding could not have been used for Old Buckingham Road; and a farm will be taken because of the project. Discussion ensued relative to the necessity for the road improvements as proposed; the necessity for the farm to cease operations with approval of the project; and road safety issues. Mr. Miller stated that, because of the safety concerns, he feels it would be difficult to vote against the issue. He expressed concerns relative to not supporting the supervisor in whose district the project lies. Mrs. Humphrey stated that she agrees that there are significant safety issues involved. She again expressed concerns relative to the loss of farm land. Mrs. Humphrey then reluctantly made a motion for the Board to adopt a resolution supporting the design of the Newbys Bridge Road Reconstruction Project from Qualla Road to 0.6 kilometer east of Qualla Road. Mr. McHale seconded the motion. Mr. Warren called for a vote on the motion made by Mrs. Humphrey, seconded by Mr. McHale, for the Board to adopt the following resolution: WHEREAS, Newbys Bridge Road from Qualla Road to 0.6 kilometer east of Qualla Road is expected to carry over 4,000 vehicles per day by 2011; and 00-125 2/23/00 WHEREAS, numerous accidents are occurring along this section of Newbys Bridge Road; and WHEREAS, Newbys Bridge Road should be improved to help reduce the number of accidents; and WHEREAS, the Newbys Bridge Road Reconstruction from Qualla Road to 0.6 kilometer east of Qualla Road is included in Chesterfield County's Secondary Road Six Year Improvement Plan; and WHEREAS, the Virginia Department of Transportation (VDOT) has conducted a public hearing on the design of the Newbys Bridge Road Reconstruction from Qualla Road to 0.6 kilometer east of Qualla Road. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors supports VDOT's Newbys Bridge Road Reconstruction Design. AND, BE IT FURTHER RESOLVED, that the Board requests VDOT to proceed with the right-of-way acquisition and construction of the project as quickly as possible. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR C?.AIMS There were no Hearings of Citizens on Unscheduled Matters or Claims at this time. 10. REPORTS On motion of Mr. Barber, seconded by Mr. Warren, the Board accepted the following reports: A report on Developer Water and Sewer Contracts; and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITIONS LENGTH AMHERST, SECTION 1 (Effective 1/20/2000) Amherst Ridge Court (Route 5427) - From Cul-De-Sac to Route 5426 0.05 Mi Amherst Ridge Lane (Route 5425) - From Route 5426 to Route 301 0.09 Mi Amherst Ridge Place (Route 5428) - From Cul-De-Sac to Route 5426 0.04 Mi Amherst Ridge Way (Route 5426) - From Route 5425 to Route 5427 0.09 Mi Amherst Ridge Way (Route 5426) - From 100 Feet South Route 5425 to Route 5425 0.02 Mi 2/23/00 00-126 Amherst Ridge Way (Route~5426) From Route 5427 to Route 5428 ASHLEY FOREST, SECTION A Alderwood Turn (Route 4594) - From Cul-De-Sac to Route 4595 Alderwood Way (Route 4595) - From Route 4596 to 125 Feet East Route 4596 Alderwood Way (Route 4595) - From Route 4594 to Route 4596 Alderwood Way (Route 4595) - From Cul-De-Sac to Route 4594 Pine Knoll Court (Route 4597) - From Cul-De-Sac to Route 4598 Pine Knoll Way (Route 4598) - From Route 4597 to Cul-De-Sac Pine Knoll Way (Route 4598) - From Route 4599 to Route 4597 Pine Vista Lane (Route 4596) - From Route 4595 to Route 4599 Wellspring Road /Route 4599) - From Route 144 to Routes 4596/4598 Wellspring Road (Route 4599) - From Routes 4596/4598 to 200 Feet East Routes 4596/4598 BRANDERS ESTATES Betz Court (Route 5156) - From Cul-De-Sac to Route 5155 Maurer Court (Route 5157) - From Route 5155 to Cul-De-Sac Maurer Lane (Route 5155) - From Route 5157 to Route 5156 Maurer Lane (Route 5155) - From Cul-De-Sac to Route 5157 Maurer Lane (Route 5155) - From Route 5156 to Route 625 CARTER'S RUN, SECTION 2 Meadowood Court (Route 3828) - From Cul-De-Sac to Route 2091 Meadowood Lane (Route 2091) - From 1426 Feet North Route 2052 to Route 3828 Meadowood Lane (Route 2091) - From Route 3828 to Cul-De-Sac Meadowood Place (Route 3827) - From Cul-De-Sac to Route 2091 00-127 0.06 Mi 0.03 Mi 0 02 Mi 0 04 Mi 0 03 Mi 0 08 Mi 0 02 Mi 0 03 Mi 0 07 Mi 0 10 Mi 0 04 Mi 0.09 Mi 0.09 Mi 0.11 Mi 0.04 Mi 0.04 Mi 0.04 Mi 0.02 Mi 0.05 Mi 0.04 Mi GILRITCHIE, SECTION 3 (Effective 1/24/2000) Deodora Court (Route 4523) - From Cul-De-Sac to Route 4522 Deodora Drive (Route 4522) - From Route 4523 to 106 Feet West Route 4520 Deodora Drive (Route 4522) - From 370 Feet West Route 4523 to Route 4523 MEADOW OAKS, SECTION G (Effective 1/20/2000) Silver Oak Court (Route 4245) - From Cul-De-Sac to 158 Feet West Route 4244 WELLINGTON FARMS, SECTION A (Effective 1/21/2000) Gravel Neck Drive (Route 5351) - From Route 632 to Route 5352 Kriserin Circle (Route 5353) - From 1320 Feet South Route 5352 East to Route 5352 Wellington Farms Drive (Route 5352) - From Route 5353 to Route 5351 Wellington Farms Drive (Route 5352) - From 290 Feet West Route 5353 to Route 5353 WELLINGTON FARMS, SECTION B (Effective 1/20/2000) Krenmore Court (Route 5355) - From Route 5354 to Cul-De-Sac Krenmore Lane (Route 5354) - From Route 5352 to Cul-De-Sac Kriserin Circle (Route 5353) - From 1320 Feet South Route 5352 East to Route 5352 West Wellington Farms Drive (Route 5352) - From 260 Feet West Routes 5353/5354 to Routes 5353/5354 WELLINGTON FARMS, SECTION B (Effective 1/21/2000) Wellington Farms Drive (Route 5352) - From Routes 5353/5354 to 290 Feet West Route 5353 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 0.11 Mi 0.04 Mi O.07 Mi 0.13 Mi 0.27 Mi 0.25 Mi 0.27 Mi 0.06 Mi 0.10 Mi 0.16 Mi 0.19 Mi 0.05 Mi 0.03 Mi 10.D. CLOSED SESSION PURSUANT TO SECTION 2.1-344A.7, CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL RELATED TO VULCAN V. JACOBSON On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board went into a Closed Session pursuant to Section 2.1-344A.7, Code of Virginia, 1950, as amended, for consultation with legal counsel related to Vulcan v. Jacobson. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2/23/00 00-128 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 ession 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 certificat~ion. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Miller: Aye. Mr. Barber: Aye. Mrs. Humphrey: Aye. Mr. Warren: Aye. There was brief discussion relative to moving Item 8.C.10., Transfer of Funds for the Construction of Coalboro Road Extended in Conjunction with Vulcan Materials Company to the evening agenda. 11. DINNER On motion of Mr. Barber, seconded by Mr. Miller, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Reconvening: 12. INVOCATION Reverend Mark Cary, Pastor of Chester Church of God, gave the invocation. 00-129 2/23/00 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scouts Jonathan Mickle and John Hung-Quoc Duc Nguyen led the Pledge of Allegiance to the Flag of the United States of America. Mr. Warren recognized four Boy Scouts from Troop 883 who were present at the meeting to support Eagle Scouts Mickle and Nguyen. 14. RESOLUTIONS AND SPECIAL RECOGNITION~ 14 .A. RECOGNIZING MRS. JANICE M. MACK, DIRECTOR OF THE CHILDREN'S HOME OF VIRGINIA BAPTISTS, INCORPORATED UPON HER RETIREMENT Mr. Hammer introduced Mrs. Janice Mack who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Janice M. Mack has served as Director of the Children's Home of Virginia Baptists, Incorporated for 27 years, and has been an insp{ration to all the children and families with whom she has worked and a role model as a parent of four sons; and WHEREAS, Mrs. Mack has supported and treated the children in the Home as her own and has been actively involved in all aspects of their lives in the school system and the community; and WHEREAS, Mrs. Mack has moved the Home forward from an orphanage to a child care facility for children whose parents are unable to care for them or who have been removed from their homes due to abuse and/or neglect; and WHEREAS, Mrs. Mack initiated a major three million dollar fund-raising campaign for construction of a multipurpose building and learning center which opened in 1998, provides creative and innovative programs for at-risk youth and is available for use by the community; and WHEREAS, Mrs. Mack served on the Board of Social Services from 1982 to 1990 and was chairperson from July 1989 through June 1990, and strongly supported the staff and children and families who were served; and WHEREAS, Mrs. Mack is an advocate for abused adults and the elderly, as well as for children, and also was instrumental in developing a shelter for abused women in Chesterfield County; and WHEREAS, Mrs. Mack believes in the innate worth of every person and their capability to grow, to love, and to change; and WHEREAS, Mrs. Mack retired as Director of the Home on December 31, 1999, and will be greatly missed by her colleagues, community citizens, and the children and families to whom she has been dedicated for 27 years. 2/23/00 00-130 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mrs. Janice M. Mack and expresses appreciation for her inspiring accomplishments and the dedicated service she provided the Children's Home of Virginia Baptists, Incorporated, 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 Mrs. Mack and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mrs. Humphrey presented the executed resolution to Mrs. Mack, accompanied by her husband, expressed appreciation for her dedicated service to children, congratulated her upon her retirement, and wished her well in future endeavors. Mrs. Mack expressed appreciation to the Board for recognition and for their support over the years. the A standing ovation followed. 14.B. RECOGNIZING CHESTERFIELD COUNTY PARKS AND RECREATION ADVISORY COMMISSION 5~MBERS 14.B.1. MR. ISSAC BOGGS On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission is a citizen board of the Chesterfield County Parks and Recreation Department that provides a way for County citizens to provide input; and WHEREAS, Mr. Issac Boggs has represented the Clover Hill District as a valued member of the Parks and Recreation Advisory Commission; and WHEREAS, several tasks were accomplished by the commission during Mr. Boggs' service, including the creation of the Capital Improvement Program for the infrastructure of the County's park system; and WHEREAS, the commission reviewed the development of facilities for the Parks and Recreation Department's 1996 Bond Referendum including Warbro Athletics Facilities; and WHEREAS, the commission developed a new Co-sponsorship Policy for organizations in relation with the department; and WHEREAS, the commission was instrumental in the creation of many Parks and Recreation policies and procedures including the Indoor Facility and Soccer Field Allocation Process, Facility Opening and Closing Dates Procedures, and the Parks Structure Policy; and WHEREAS, Mr. Boggs' assistance in these projects was instrumental to their success. 00-131 2/23/00 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Issac Boggs and expresses appreciation for his dedicated service to the Chesterfield County Parks and Recreation Advisory Commission. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Boggs and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. (It is noted that Mr. Boggs was unable to attend the meeting and that Mr. Golden will present his resolution at a later date.) 14.B.2. MR. STEVE JONES Mr. Hammer introduced Mr. Steve Jones who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission is a citizen board of the Chesterfield County Parks and Recreation Department that provides a way for County citizens to provide input; and WHEREAS, Mr. Steve Jones has represented the Matoaca District as a valued member of the Parks and Recreation Advisory Commission; and WHEREAS, Mr. Jones has served as Vice Chairman of the Parks and Recreation Advisory Commission; and WHEREAS, several tasks were accomplished by the commission during Mr. Jones' service, including the creation of the Capital Improvement Program for the infrastructure of the County's park system; and WHEREAS, the commission reviewed the development of facilities for the Parks and Recreation Department's 1996 Bond Referendum including Clover Hill Athletic Complex and Restroom Facilities at Manchester High School; and WHEREAS, the commission developed a new Co-sponsorship Policy for organizations in relation with the department; and WHEREAS, the commission was instrumental in the creation of many Parks and Recreation policies and procedures including the Indoor Facility and Soccer Field Allocation Process, Facility Opening and Closing Dates Procedures and the Parks Structure Policy; and WHEREAS, Mr. Jones' assistance in these projects was instrumental to their success. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Steve Jones and expresses appreciation for his dedicated service to the Chesterfield County Parks and Recreation Advisory Commission. 2/23/00 00-132 AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Jones and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren presented the executed resolution to Mr. Jones and expressed appreciation for his dedicated service to the Parks and Recreation Advisory Commission. 14.B.3. MR. SHERMAN LITTON Mr. Hammer introduced Mr. Sherman Litton who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission is a citizen board of the Chesterfield County Parks and Recreation Department that provides a way for County citizens to provide input; and WHEREAS, Mr. Sherman Litton has represented the Dale District as a valued member of the Parks and Recreation Advisory Commission; and WHEREAS, Mr. Litton has served as Chairman of the Parks and Recreation Advisory Commission; and WHEREAS, several tasks were accomplished by the commission during Mr. Litton's service, including the creation of the Capital Improvement Program for the infrastructure of the County's park system; and WHEREAS, the commission reviewed the development of facilities for the Parks and Recreation Department's 1996 Bond Referendum, including Phase IV at Ironbridge Park and lights at Meadowbrook High School; and WHEREAS, the commission developed a new Co-sponsorship Policy for organizations in relation with the department; and WHEREAS, the commission was instrumental in the creation of many Parks and Recreation policies and procedures including the Indoor Facility and Soccer Field Allocation Process, Facility Opening and Closing Dates Procedures and the Parks Structure Policy; and WHEREAS, Mr. Litton's assistance in these projects was instrumental to their success. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Sherman Litton and expresses appreciation for his dedicated service, to the Chesterfield County Parks and Recreation Advisory Commission. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Litton and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2/23/00 00-133 Mr. Warren presented the executed resolution to Mr. Litton and expressed appreciation for his dedicated service to the Parks and Recreation Advisory Commission. 14.B.4. MS. DORCAS YEAGER Mr. Hammer introduced Ms. Dorcas Yeager who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission is a citizen board of the Chesterfield County Parks and Recreation Department that provides a way for County citizens to provide input; and WHEREAS, Ms. Dorcas Yeager has represented the Chesterfield County School Board as a valued member of the Parks and Recreation Advisory Commission and served as Chairman of the Futures Committee; and WHEREAS, through Ms. Yeager's commitment, the Parks and Recreation Department has been able to enhance its use of school facilities and is now responsible for maintenance of the school grounds; and WHEREAS, several tasks were accomplished by the commission during Ms. Yeager's service, including the creation of the Capital Improvement Program for the infrastructure of the County's park system; and WHEREAS, the commission reviewed the development of facilities for the Parks and Recreation Department's 1996 Bond Referendum; and WHEREAS, the commission developed a new Co-sponsorship Policy for organizations in relation with the department; and WHEREAS, the commission was instrumental in the creation of many Parks and Recreation policies and procedures including the Indoor Facility and Soccer Field Allocation Process, Facility Opening and Closing Dates Procedures and the Parks Structure Policy; and WHEREAS, Ms. Yeager's assistance in these projects was instrumental to their success. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Ms. Dorcas Yeager and expresses appreciation for her dedicated service to the Chesterfield County Parks and Recreation Advisory Commission. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Yeager and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren presented the executed resolution to Ms. Yeager and expressed appreciation for her dedicated service to the Parks and Recreation Advisory Commission. 2/23/00 00-134 14.C. PROCLAIMING THE MONTH OF MARCH 2000 AS ~ANIMAL VIOLENCE AWARENESS MONTH" Major Steve Davis introduced Captain Alice Berry, and Ms. Nancy Brown, Dr. William Dunnavent, Ms. Karen Michaels and Ms. Joan Carbello, members of the Chesterfield County Humane Society, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, God created animals as a valuable and integral part of our society, and people have a responsibility to be proper stewards of these living creatures; and WHEREAS, the 1999 Virginia General Assembly passed Senate Bill 951 in order to increase the misdemeanor penalties for citizens who engage in animal cruelty and abuse; and WHEREAS, dog fighting is an illegal sport that endangers not only the animals, but also the families and communities of Virginia; and WHEREAS, many of the victims of dog fighting, some with life-threatening injuries, have been identified at local animal shelters, and in most cases, these animals must be destroyed because they present a potential threat to the community; and WHEREAS, all citizens should be aware of such violence, because when practiced, it serves as an early warning sign of potential future violence toward people; and WHEREAS, it is important for civic associations, schools and businesses to help educate the families of Virginia about the seriousness of violence toward animals. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby call upon all citizens of Chesterfield County to join the Chesterfield County Humane Society in recognizing March 2000 as "Animal Violence Awareness Month" in Chesterfield County, Virginia, and to renew our efforts to prevent violence toward animals. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mrs. Humphrey presented the executed resolution to Dr. Dunnavant and expressed appreciation for the Humane Society's efforts towards prevention of cruelty to animals. Ms. Brown expressed appreciation to the Board for their support. 14.D. RECOGNIZING MR. JOHN MAZZA, JR. FOR HIS SERVICE TO THE CRATER PLANNING DISTRICT COMMISSION Mr. Kappel introduced Mr. John Mazza, Jr. who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County joined the Crater Planning District Commission on January 8, 1986; and 00-135 2/23/00 WHEREAS, the Crater Planning District Commission promotes regional cooperation, coordinates the activities and policies of member local governments, resolves service delivery problems involving more than one government within the region, and provides planning assistance to local governments; and WHEREAS, Mr. John Mazza, Jr. was appointed to represent Chesterfield County on the Crater Planning District Commission on January 2, 1992; and WHEREAS, Mr. Mazza served honorably in this capacity until the expiration of his term on December 31, 1999; and WHEREAS, Mr. Mazza also served on the Executive Committee of the Crater Planning District Commission; and WHEREAS, Mr. Mazza provided his expertise to the Crater Development Company; and WHEREAS, Mr. Mazza's leadership in regard to many issues, in particular those matters dealing with airport and air service issues, was invaluable; and WHEREAS, Mr. Mazza was instrumental in the completion of the Eastern Virginia Airport System Study. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. John Mazza, Jr., expresses its appreciation for his diligence in representing the citizens of Chesterfield County on this important commission, and wishes him well in his future endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Mazza and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mrs. Humphrey presented the executed resolution to Mr. Mazza, expressed appreciation for his dedicated service to the Crater Planning District Commission, and wished him well in his newly appointed position on the Capital Regional Airport Commission. Mr. Mazza expressed appreciation to the opportunity to serve the community. Board for the 14.E. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAG?.m SCOUT 14.E.1. JONATHAN PHILIP MICKT.R, D~?.m DISTRICT Mr. Hammer introduced Mr. Jonathan Mickle 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 9, 1910; and 2/23/00 00-136 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. Jonathan Philip Mickle, Troop 883, sponsored by Southside Baptist 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, Jon 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. Jonathan Philip Mickle and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Mickle, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Mickle expressed appreciation to the Board for the recognition and also to his parents, his troop and his church for their support. 14.E.2. JOHN HUNG-QUOC DUC NGUYEN, DALE DISTRICT Mr. Hammer introduced Mr. John Hung-Quoc Duc Nguyen who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. John Hung-Quoc Duc Nguyen, Troop 883, sponsored by Southside Baptist Church, has accomplished those 00-137 2/23/00 high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, John is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. John Hung-Quoc Duc Nguyen and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Nguyen, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Nguyen expressed appreciation to the Board for their support of scouting and also to his scoutmaster and members of his troop for their support. 14.F. RECOGNIZING MR. IRVING. HORNER FOR HIS SUBSTANTIAL CONTRIBUTIONS TO CHESTERFIELD COUNTY Mr. Golden introduced Mr. Irvin Homer and family members who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Irvin G. Homer served as the Clover Hill representative to the Board of Supervisors from 1948-1975; and WHEREAS, during that time, Mr. Homer served as chairman for a total of 23 years; and WHEREAS, with Mr. Homer's guidance, Chesterfield County prospered in many ways; and WHEREAS, under Mr. Homer's leadership, Clover Hill High School was constructed and opened to serve the residents of Chesterfield County; and WHEREAS, during Mr. Homer's tenure on the Board of Supervisors, he helped to begin the County's unified public utility system, which would form an infrastructure vital to the County's continued growth and prosperity; and WHEREAS, Mr. Homer was instrumental in such major commercial projects as the 1971 construction of Cloverleaf Mall; and WHEREAS, during his service on the Board of Supervisors, Mr. Homer was instrumental in the 1975 opening of Rockwood Park, as well as in the formation of the Chesterfield Baseball Clubs and Chesterfield Basketball League; and 2/23/00 00-138 WHEREAS, in these and many other endeavors, Mr. Homer demonstrated a vision for the County that was exemplary and far-reaching; and WHEREAS, the Western Area Park site has been named the "Irvin G. Horner Park." NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Irvin G. Horner, commends him for his many years of service to Chesterfield County, and expresses the gratitude of all Chesterfield County residents for his outstanding and visionary leadership. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren presented the executed resolution to Mr. Homer's son, Mr. Jack Homer, and expressed appreciation to Mr. Irvin Homer for his significant contributions to the County. Mrs. Humphrey expressed appreciation to Mr. Hornet for his many years of service and contributions which greatly strengthened the County. Mr. Jack Homer expressed appreciation to the Board, on behalf of his father, for the recognition and for naming the Western Area Park in his honor. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 00HP0166 In Matoaca Magisterial District, HERMAN TIMOTHY LEIMBERGER requested landmark designation and amendment of zoning district map for Green Level. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots. This request lies in an Agricultural (A) District and is known as 7700 Hickory Road. Tax ID 772-622-Part of 5157 (Sheet 40). Mr. Jacobson presented a summary of Case 00HP0166 and stated that the Planning Commission and staff recommend approval. No one was present representing the applicant. It was generally agreed that the case would be called again later in the meeting. 00HP0175 In Matoaca Magisterial District, CLAUDE AND MARIA BAKER requested landmark designation and amendment of zoning district map for Howlett Farm. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots. This request lies in an Agricultural (A) District and 2/23/00 00-139 is known as 18101 Le Master Road. Tax ID 752-615-Part of 6107 (Sheet 43). Mr. Jacobson presented a summary of Case 00HP0175 and stated that the Planning Commission and staff recommend approval. Mr. Claude Baker and Mrs. Maria Baker stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved historic landmark designation for Howlett Farm, described as follows: The Howlett Farm structure as located at Tax ID 752-615 Part of 6107 (Sheet 43). Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0159 In Bermuda Magisterial District, CHESTERFIELD POLICE AND CHESTERFIELD FIREDEPARTMENTS requested Conditional Use Planned Development and amendment of zoning district map to permit a height exception for a communications tower. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies in a Heavy Industrial (I-3) District on 0.8 acre lying approximately 1600 feet off the south line of Bellwood Road, approximately 430 feet east of Haven Avenue. Tax ID 798- 676-Part of 9824 (Sheet 18). Mr. Jacobson presented a summary of Case 00SN0159 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Robert Eanes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mr. Miller, the Board approved Case 00SN0159 subject to the following conditions: The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review or prior to the release of a building permit, whichever occurs first. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review or prior to the release of a building permit, whichever occurs first, the owner/developer of equipment that is not part of the County system shall submit information as deemed necessary by the Chesterfield County Communications 2/23/00 00-140 and Electronics staff to determine if any engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The owner/developer of equipment that is not part of the County system shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) With the approval of this request, a 263 foot exception to the 150 foot height limitation for a communications tower in a Heavy Industrial (I-3) District shall be granted. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0165 In Clover Hill Magisterial District, HAROLD LESTER, SR. AND HAROLD LESTER, JR. requested rezoning and amendment of zoning district map from 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 community mixed use. This request lies on 0.9 acre and is known as 207 Ruthers Road. Tax ID 761-705-6783 (Sheet 7). Mr. Jacobson presented a summary of Case 00SN0165 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Midlothian Plan. Mr. Andy Scherzer, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. 00-141 2/23/00 On motion of Mr. Warren, seconded by Mr. Barber, the Board approved Case 00SN0165 and accepted the following proffered conditions: Prior to site plan approval, thirty-five (35) feet of right of way on the east side of Ruthers Road measured from the centerline of that part of Ruthers Road immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Access to Ruthers Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. This access shall be shared with adjacent properties to the north and south as required by the Transportation Department. Prior to site plan approval, an access easement acceptable to the Transportation Department shall be recorded. (T) o Prior to issuance of an occupancy permit, an additional lane of pavement shall be constructed along Ruthers Road for the entire property frontage. Any additional right of way (or easements) required for this improvement shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 4. Uses shall be limited to the following: so fo g. h. i. j. ko m. n. O. p. q. r. S. t o Wo Barber or beauty shop. Books, stationery, newspaper or magazine store. Brokerage. Camera store. Dry cleaning, pick-up and drop-off; coin operated dry cleaning; pressing; laundry and laundromat; not to include dry cleaning plants. Florist shop. Offices. Shoe repair shop. Tailoring and dressmaking shops. Antique shops, not to include pawnbrokers, indoor and outdoor flea markets and secondhand and consignment stores. Artist material and supply stores. Bicycle sales and rentals. Churches and/or Sunday schools. Curio or gift shops. Furniture stores. Hobby stores. Locksmith operations. Photography studios. Rest, convalescent or nursing homes and other group care facilities. Sewing machine sales, instruction and services. Veterinary clinics. Carpenter and cabinet makers' offices and display rooms. Contractors' offices and display rooms. Laboratories. Warehouses for permitted uses, provided that such buildings shall be set back a minimum of 100 feet from adjacent R, R-TH, R-MF or O Districts or A Districts that are shown on the comprehensive plan for R, R-TH, R-MF or O use when loading/warehouse areas are oriented toward such properties. The 100- 2/23/00 00-142 foot setback shall be landscaped according to section 19-513(a) (4)of the Development Standards Manual. When loading/warehouse areas are oriented away from adjacent R, R-TH, R-MF or O Districts, setbacks shall be governed by the setbacks of the Community Business (C-3) District. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. NaYs: None. 00SN0169 In Clover Hill Magisterial District, HOUSE OF PRAYER requested amendment to Conditional Use (Case 82S088) and amendment of zoning district map to transfer operating rights and amend the Master Plan for a private school. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for public/semi-public use and medium density residential use of 1.51 to 4.0 units per acre. This request lies in an Agricultural (A) District on 15.8 acres and is known as 10700 Academy Drive. Tax ID 744-693-9360 (Sheet 10). Mr. Jacobson presented a summary of Case 00SN0169 and stated that the Planning Commission and staff recommend approval subject to conditions. Mr. Bill Canaan, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved Case 00SN0169 subject to the following conditions: This Conditional Use shall be granted to and for House of Prayer and shall not be transferable, nor run with the land. (P) (Note: This condition supersedes Condition 1 of Case 82S088.) o The plan submitted with the application and attached to the "Request Analysis" shall be considered the plan of development. (P) (Note: This condition supersedes Condition 2 of Case 92S088.) (Note: Ail other conditions of Case 82S088 relative to the operation of a private school remain in effect.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0170 In Bermuda Magisterial District, RICHARD M. ALLEN requested amendment to Conditional Use Planned Development (Case 87S090) and amendment of zoning district map relative to water quality and storm sewer issues. The density of such amendment will be 00-143 2/23/00 controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use: neighborhood commercial use and multi-family residential use of 2.5 to 10 units per acre. This request lies in Neighborhood Business (C-2), Corporate Office (0-2) and Residential Townhouse (R-TH) Districts on 21.9 acres fronting approximately 775 feet on the north line of Iron Bridge Road, also fronting in two (2) places for a total of approximately 1150 feet on the east line of Chalkley Road and located in the northeast quadrant of the intersection of these roads. Tax ID 779-654-8243 (Sheet 26). Mr. Jacobson presented a summary of Case 00SN0170 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Mr. Andy Scherzer, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 00SN0170 and accepted the following proffered conditions: A plan for protection and monitoring of the water quality of the Chester Fishing Club Pond, agreeable to the developers and to the Chester Fishing Club, or as approved by the Environmental Engineering Department based on advice of competent authorities shall be submitted to, and approved by, the Planning Commission prior to any site plan approval for any project that drains to the Chester Fishing Club Pond. (EE) (STAFF NOTE: This proffered condition supersedes Condition 4 of Case 87S090 for the request property only.) o A separator/sediment trap shall be installed on any storm sewer system that drains to the Chester Fishing Club Pond. If this development causes degradation of water quality in the Chester Fishing Club pond via any contaminant, the developers shall provide the necessary remedy to the extent caused by the development on the storm sewer system which drains to the Chester Fishing Pond. (EE) (STAFF NOTE: This proffered condition supersedes Condition 5 of Case 87S090 for the request property only.) (STAFF NOTE: Except as stated herein, all other conditions of Case 87S090 remain in effect.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0171 In Bermuda Magisterial District, BARNEY MCLAUGHLIN requested Conditional Use and amendment of zoning district map to permit an airport (private airplane hangar) 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 iow density residential use of up to 1.5 units per acre. This request lies on 1.0 acre and is known as 711 Enon Church Road. Tax ID 819- 642-3837 (Sheet 35). 2/23/00 00-144 Mr. Jacobson presented a summary of Case 00SN0171 and stated that the Planning Commission and staff recommend approval subject to one condition. Mr. Barney McLaughlin stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0171 subject to the following condition: A planting plan for restoring and revegetating the Resource Protection Area shall be submitted to the Department of Environmental Engineering for review and approval. Prior to the issuance of a building permit, the improvements depicted on the plan shall be installed or bonded. (EE) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0176 In Bermuda Magisterial District, BETTIE B. WOOTEN, LIBERTY PROPERTY DEVELOPMENT CORP. AND LIBERTY PROPERTY LIMITED PARTNERSHIP requested amendment to Conditional Use Planned Development (Case 96SN0268) and amendment of zoning district map relative to road improvements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensiye Plan suggests the property is appropriate for light industrial use. This request lies in a Light Industrial (I-l) District on 34.4 acres fronting approximately 925 feet on the west line of Kingston Avenue, also fronting approximately 700 feet on the south line of Meadowville Road and located in the southwest quadrant of the intersection of these roads. Tax ID 818-654-1594, 5193, 7468; 818-655-0801, 3604, 5421; 819-653-2887, 6654, 9862 and 819-654- Part of 0582, Part of 1644 and Part of 5726 (Sheet 27). Mr. Jacobson presented a summary of Case 00SN0176 and stated that the Planning Commission and staff recommend approval and acceptance of one proffered condition. Mr. John Cogbill, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 00SN0176 and accepted the following proffered condition: A. TRANSPORTATION. Prior to site plan approval for any building which results in the cumulative total of development within the Business Center [i.e. Tax ID 817-655- 9934; 818-653-9862; 818-654-1594, 5193, 7468; 818- 655-0801, 2192, 3604, 5421; 819-652-8550; 819-653- 2887, 6654, 9164; 819-654-0582, 1644, 3798, 5726, 7361; 819-655-0158, 8613; 820-653-2045, 2676, 4048, and 8874] in excess of 900,000 square feet of 2/23/00 00-145 building area, a bond or other surety, in a form and amount acceptable to the County Attorney and Transportation Department shall be provided for the construction of River's Bend Boulevard as a two (2) lane road from the River's Bend Boulevard/Kingston Avenue intersection to the existing Meadow¥ille Road bridge over 1-295. Upon request by the County, the Developer shall be responsible for the construction of said road improvements. When the Developer constructs the road, the bond or surety shall be released. (Staff Note: This proffered condition supersedes Proffered Condition A.!. of Case 96SN0268. Ail other conditions of Case 96SN0268 remain in effect.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16. PUBLIC HEARINGS There were no Public Hearings at this time. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 99SN0112 (Amended) In Matoaca Magisterial District, BAY HILL DEVELOPMENT requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-25). A single family residential subdivision with a minimum lot size of 25,000 square feet is planned. Residential use of up to 1.74 units per acre is permitted in a Residential (R-25) District. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies on 132.5 acres fronting in two (2) places for a total of approximately 800 feet on the west line of Second Branch Road, approximately 2,800 feet south of Beach Road. Tax ID 733-649-8017 (Sheets 29 and 38). Mr. Jacobson presented a summary of Case 99SN0112 and stated that staff recommends denial because, in their opinion, the property is in the rural conservation area (green area). He further stated that the Planning Commission, on a 3-0 vote with one abstention and one member absent, recommended approval and acceptance of the proffered conditions, citing the unique circumstances of the subject property having been part of a larger tract, the first part of which was developed as Carters Mill Subdivision, and the property has subdivisions located on it to the west and to the south. He stated that the Planning Commission also strongly cited support for the rural conservation area and its concepts as an effective planning and growth management technique. He further stated that an additional proffered condition was received tonight relative to performing a floodplain analysis and the Board would need to suspend its rules in order to consider the additional proffer. Discussion, questions and comments ensued relative to the difference in staff's recommendation for the existing development of Carters Mill Subdivision and the proposed development; the boundaries of the green area; and developments approved prior to establishment of the green area. 00-146 2/23/00 Mr. Andy Scherzer, representing~the applicant, presented the Board with maps of the area surrounding the proposed development and stated that the subject property is part of an original family tract for which development began in 1988 and that the property owner had an agreement at that time with the applicant that the whole tract would be developed over time. He further stated that, since development began in 1988, the overall land use plan has been adjusted and the green area was established. He stated that the landowner feels the proposed development is a logical extension of the existing development and provides for appropriate development. He further stated that concerns have been expressed relative to drainage issues and to a second access into Carters Mill Subdivision and noted that an emergency access to serve the existing Carters Mill Subdivision has been proposed for the development. He stated that the applicant has proffered a floodplain study in an effort to address concerns of area residents relative to drainage. Mrs. Karen Trump, accompanied by Mr. James Trump, adjacent property owners, expressed concerns relative to flooding of their property which is adjacent to the proposed development. She presented the Board with pictures depicting their property during the dry season and following a large amount of rain. When asked, Mr. and Mrs. Trump stated that if their drainage concerns could be addressed, they would have no objection to the proposed development. Mrs. Humphrey requested that the pictures be distributed between Mr. McCracken and Mr. McElfish and that a new culvert be installed at the bottom of Second Branch Road. She stated that the Trumps will also provide a video relative to the drainage issue for the record and for Mr. McCracken and Mr. McElfish's perusal. There was brief discussion relative to safety concerns as a result of the drainage situation. Mr. Shields Jett, a Matoaca resident representing the property owner, presented the Board members with a copy of a letter from Mrs. Laughridge, the landowner, expressing concerns relative to the commitment for sale of the property being made prior to establishment of the green area. He stated that he does not feel it is appropriate to have agricultural zoning in the middle of subdivisions. He further stated that the elderly owners wish to take advantage of the good economy and sell their property at a development price. When asked, Mr. Jett stated that the landowners were never advised of the proposal to designate the property as rural conservation. There being no one else to speak to the case, the public hearing was closed. Mr. Miller expressed concerns relative to approval of the proposed development leading to other requests within the rural conservation area. Mr. Scherzer stated that the proposed development is a unique situation because the delineation between the rural conservation area and the residential designation goes through the middle of the property and the proposed development 2/23/00 00-147 addresses a need for a second access into Carters Mill Subdivision. After brief discussion, Mrs. Humphrey made a motion, seconded by Mr. McHale, for the Board to suspend its rules to consider acceptance of Proffered Condition Number 11 relative to a floodplain analysis. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mrs. Humphrey stated that the proffered condition was offered today to address some of the drainage issues in the Second Branch Creek area. She further stated that the proposed development is on the edge of the rural conservation area; contains an average lot size of two acres; and has offered a full cash proffer. She stated that the proposed development will not access Carters Mill with the exception of an emergency access. She further stated that, although she supports the rural conservation area as a growth management plan, the proposed development is unique in that it addresses drainage concerns in the area of Second Branch Creek as well as road improvements and completion of water lines and is surrounded by residential development. Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to approve Case 99SN0112 and accept the proffered conditions. Discussions, questions and comments ensued relative to requiring the developer to fund any drainage improvements that may be necessary as a result of the proffered floodplain analysis. Mr. McElfish stated that the proffered condition allows the staff to make a recommendation for the developer to upgrade drainage pipes after completion of the floodplain analysis. Mr. Scherzer stated that it is developer's intent to provide the floodplain study and then make improvements recommended by the staff following the study. He further stated that the development cannot proceed without tentative subdivision approval. Mr. Barber expressed concerns relative to approval of the proposed development leading to future requests for development in the rural conservation area and to the drainage issue. Mr. Miller stated that he dealt with the case as a member of the Planning Commission and that he will support it solely based on the configuration of the property. He expressed concerns relative to the existing drainage issue. When asked, Mr. Micas stated that he feels the proffered condition will allow the County to impose conditions at the tentative subdivision approval stage to alleviate any additional drainage problems and possibly solve some of the preexisting drainage problems. There was brief discussion relative to two other pending zoning cases, one of which is located in an area suggested as appropriate for development and offers a 450-acre park site and the other of which lies within the rural conservation area, but 2/23/00 00-148 adjacent to the proposed park. Mr. McHale stated that he now feels his concerns relative to the drainage issue have been addressed and that he will support the motion. Mr. Warren called for a vote on the motion made by Mrs. Humphrey, seconded by Mr. Warren, for the Board to approve Case 99SN0112 and accept the following proffered conditions: Development shall be limited to a maximum of sixty-five (65) lots. {P) The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of a building permit application 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 lot 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 the payment is made if paid after June 30, 2000. 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. (B&M) In conjunction with recordation of the first subdivision plat, forty-five (45) feet of right of way on the west side of Second Branch Road, measured from the centerline of that part of Second Branch Road immediately adjacent to the property; and shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) o Direct access to Second Branch Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) o To provide an adequate roadway system, the developer shall be responsible for the following: Construction of additional pavement along Second Branch Road at the approved public road intersection to provide left and right turn lanes, based on Transportation Department standards; Relocation of the ditch to provide an adequate shoulder along Ehe west side of Second Branch Road for the entire property frontage; C · Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the road improvements as identified above. (T) Prior to any road and drainage plan approval, a phasing plan for the required road improvements as identified in 2/23/00 00-149 Proffered Condition 5, shall be submitted to and approved by the Transportation Department. (T) With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. (EE) o The minimum gross floor area for homes shall be as follows: One story - 1750 square feet Two story - 2200 square feet (BI) 9. The minimum lot size shall be 43,560 square feet. (P) 10. There shall not be public road access from the Property to Carters Mill Subdivision. This condition does not preclude the provision of an emergency access to Carters Mill Subdivision. (T) 11. In conjunction with tentative subdivision submission, a 100-year floodplain analysis will be performed at Second Branch Creek and Second Branch Road. The Director of Environmental Engineering may impose conditions on the subject property to address any impact caused by the subject property identified in the floodplain study. (EE) Ayes: Warren, Humphrey, McHale and Miller. Nays: None. Abstain: Barber. Mr. Barber stated that he is abstaining from supporting the case, even though the conversation made his comfort level higher than he expected. 00SR0112 In Bermuda Magisterial District, J. T. SHOOSMITH DISPOSAL LLC requested renewal of Conditional Use (Cases 89SN0132 and 90SN0122) and amendment of zoning district map to allow continued operation of a landfill. 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 and residential use of 1 to 5 acre lots. This request lies in an Agricultural (A) District on 33.1 acres fronting approximately 1150 feet on the south line of Carver Heights Drive, approximately 600 feet west of West Booker Boulevard. Tax ID 778-650-7795 (Sheet 26). Mr. Jacobson presented a summary of Case 00SR0112 and stated that the request is to renew a conditional use to allow continued operation of a debris landfill subject to the same conditions imposed in the original case with the exception of the ten year time limit. He further stated that, if the condition were eliminated, the only limitation to the landfill operations would be the maximum permitted height of the landfill. He stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. 2/23/00 00-150 Mr. John Lane, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. There was brief discussion relative to the remaining capacity of the existing debris landfill site and development of the expansion area. Mr. McHale questioned the standards used to determine whether the debris landfill has been a detriment to adjacent properties. Mr. Jacobson stated that a neighborhood meeting was not well attended and that the only concern raised was an unrelated drainage issue. He further stated that the Planning Commission's recommendation for approval of the case was a result of a survey done through the neighborhood meeting and staff's review of their files indicating no complaints or potential zoning violations on the property. He stated that the concern voiced at the Planning Commission meeting by one individual was relative to truck traffic in the area and noted that there are other area businesses that also generate truck traffic. Mr. McHale expressed concerns relative to the determination that the debris landfill has not been a detriment to the area being based upon an estimate and stated that he would like to defer the case for thirty to sixty days to allow for a more definitive measurement of the detriment determination. Mr. Lane stated that he would not be opposed to a deferral, although he does not feel it is necessary. He further stated that the landfill does not accept contaminants -- only land cleared material. Mrs. Humphrey stated that the budget public hearing will be held in thirty days and suggested that the case be deferred for sixty days. After brief discussion, Mr. McHale made a motion, seconded by Mrs. Humphrey, for the Board to defer Case 00SR0112 until April 26, 2000. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren requested a five minute recess. Reconvening: 00SN0145 (Amended) In Dale Magisterial District, R. T. AVERY requested rezoning and amendment of zoning district map from Residential (R-7) to Agricultural (A) with Conditional Use Planned Development to permit a contractor's office and exception to development standards. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre. This request lies on 0.7 acre 00-151 2/23/00 and is known as 4107 Courthouse Road. (Sheet 10). Tax ID 749-683-7179 Ms. Rogers presented a summary of Case 00SN0145 and stated that staff recommends denial because the land use does not conform to the Northern Area Plan which designates the property for residential use. She further stated that the Planning Commission recommended approval subject to conditions designed to limit the intensity of the use, maintain the residential appearance, and limit the time period for the use to a maximum of four years. She stated that it was the consensus of the Planning Commission that the use has existed for a number of years with no apparent impact on area residents and, therefore, approval for a limited time period would be appropriate and should not set a precedent for commercialization along that portion of Courthouse Road. Mr. Andy Scherzer, representing the applicant, stated that the Planning Commission's recommendation is acceptable. There was no opposition present. After brief discussion, Mr. Miller made a motion for the Board to approve Case 00SN0145 subject to conditions. Mrs. Humphrey seconded the motion and stated that she appreciates the fact that approval will eliminate R-7 zoning and move to an agricultural classification. Mr. Barber stated that he feels the Board should study the issue of acreage loss by residents as a result of streets being widened because of subdivision growth in the area. Mr. Warren called for a vote on the motion of Mr. Miller, seconded by Mrs. Humphrey, for the Board to approve Case 00SN0145 subject to the following conditions: This Conditional Use shall be granted for a period of no more than four (4) years from the date of approval and shall be limited to T.A. Investments for their use only and shall not be transferable nor run with the land. P) 2. There shall be no signs to identify this use. (P) 3. There shall be no outside storage. (P) 4. There shall be no dumpsters. (P} There shall be no deliveries by any vehicle exceeding 4,000 pounds net weight and having more than two (2) axles. (P) This use shall not be open to the public from 6:00 p.m. to 7:00 a.m. Monday through Saturday. There shall be no operations on Sunday. (P) Except for security lighting, there shall be no exterior lighting. (P) There shall be no additions or exterior alterations to the structure to accommodate this use. (P) The plan prepared by Balzer and Associates and submitted with the application, shall be considered the Master Plan, 2/23/00 00-152 except the circular driveway shown between the building and Courthouse Road shall be located a minimum of seventy (70) feet from the ultimate right-of-way of Courthouse Road and shall be a maximum of twelve (12) feet in width. (P) 10. Driveways and parking areas shall have a minimum surface of six (6) inches of No. 21 or 2lA stone. The perimeter of driveways and parking areas shall be delineated by permanent means such as bumper blocks, railroad ties, timbers or similar such treatment. (P) 11. Within thirty (30) days of approval of this request, plans depicting these requirements shall be submitted to the Planning Department for review and approval. Within thirty (30) days of approval of plans, the required improvements shall be completed. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0168 In Midlothian Magisterial District, BETTY C. SEDIA AND RICHARD K. SEDIA requested Conditional Use and amendment of zoning district map to permit a stock farm, to allow the keeping of horses in Residential (R-40 and R-15) Districts. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. This request lies on 27.1 acres fronting approximately 100 feet on the east line of Corner Rock Road, approximately 760 feet south of Thornleigh Road, also fronting approximately 1925 feet along the Norfolk Southern Railroad Line. Tax ID 734-713-5932 and 735-713-2378 (Sheets 2 and 6). Ms. Rogers presented a summary of Case 00SN0168 and stated that staff recommended approval if it was determined that after public input the use would not adversely affect area residents. She further stated that there was one person present at the Planning Commission meeting who expressed concerns about additional traffic because of feed deliveries and horse trailers. She stated that it was the consensus of the Planning Commission that the use, subject to the conditions and the proffer, would not adversely affect area residences and, therefore, the Planning Commission recommended approval subject to conditions and acceptance of one proffered condition. Mrs. Betty Sedia and Mr. Steve O'Neill stated that the recommendation is acceptable. There was no opposition present. There was brief discussion relative to the conditions allowing for transfer of the use to future property owners. Mr. Barber made a motion, seconded by Mr. Warren, for the Board to approve Case 00SN0168 subject to conditions and acceptance of the proffered conditions. Mr. Barber stated that a previous proposal for a soccer field on the subject property was opposed by area residents and that 2/23/00 00-153 the request for a stock farm has been well received by the neighborhood as evidenced by lack of opposition. Mrs. Humphrey stated that she is pleased to see agricultural land use in the Midlothian District. Mr. Warren called for a vote on the motion of Mr. Barber, seconded by Mr. Warren, for the Board to approve Case 00SN0168 subject to the following conditions: o The keeping of horses shall only be permitted if the owner of the property resides on the property. (P) All facilities and areas associated with the keeping of horses (stables, pastures, etc.) shall be cleaned and made free of waste on a regular basis. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects. (P) This Conditional Use shall be limited to the keeping of five (5) horses and only for the owner's personal use. There shall be no boarding or revenue generated from the use of the horses by training or use of the facilities by the public. (P) Ail pasture areas shall be fenced. A minimum of one (1) acre of fenced pasture area shall be provided for each horse. (P) o Facilities and areas (stables, pastures, etc.) associated with the keeping of horses shall be located a minimum of twenty-five (25) feet from adjacent properties, excluding the Norfolk Southern Railroad. (P) (NOTE: In addition to these setbacks, accessory structures such as stables and storage sheds must conform to the setback requirements of the Zoning Ordinance for such structures.) Pasture areas shall be limited to the flatter elevations of the property. Prior to establishing the limits of any pasture area, a plan showing the location of pasture areas shall be submitted to the Department of Environmental Engineering for approval. (EE) Prior to keeping any horses on the property, a plan for the stabilization of slopes which are experiencing erosion shall be submitted to Environmental Engineering for approval. Prior to the fencing of any pasture area and the keeping of any horses on the property, the approved plan shall be implemented. (EE) And, further, condition: the Board accepted the following proffered All dwelling units shall have a minimum of 2,700 square feet of gross floor area. (BI) Ayes: Nays: Warren, Humphrey, Barber, McHale and Miller· None. 00HP0166 In Matoaca Magisterial District, HERMAN TIMOTHY LEIMBERGER requested landmark designation and amendment of zoning district map for Green Level. The Comprehensive Plan suggests the 2/23/00 00-154 property is appropriate for residential use of 1 to 5 acre lots. This request lies in an Agricultural (A) District and is known as 7700 Hickory Road. Tax ID 772-622-Part of 5157 (Sheet 40). Mr. Jacobson stated that staff had spoken with Mr. Leimberger who was unable to attend the meeting. He further stated that Mr. Leimberger indicated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved historic landmark designation for Green Level, described as follows: The Green Level structure as located at Tax ID 772-622 Part of 5157 (Sheet 40). Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.10. TRANSFER OF FUNDS FOR TwF CONSTRUCTION OF CO~?.RORO ROAD EXTENDED IN CONJUNCTION WITH VULCAN MATERIAL~ COMPANY Mr. Micas stated that in 1991 Vulcan Materials was granted zoning to reopen a quarry operation in Matoaca District. He further stated that the State Department of Mines recently approved a permit allowing the reopening of the quarry and that Vulcan has notified the County that they are prepared to reopen and has filed a site plan. He stated that, under the existing plan of operation, Vulcan must improve Beach and Baldwin Creek Roads at a cost of approximately $1.3 million and that Vulcan as proposed that the $1.3 million be used instead to construct Coalboro Road Extended. He further stated that, under the proposal, Vulcan would drop its lawsuit attempting to avoid the requirement to make road improvements and the County would participate financially to aid in the construction of Coalboro Road Extended. He stated that, should the Board approve the proposal, Vulcan must give the County nine months notice prior to reopening to allow for time to construct Coalboro Road Extended. He further stated that staff recommends approval of the proposal. Mr. McHale stated that, in exchange for settling the case, Vulcan would provide $1.3 million to extend Coalboro Road from Beach Road to Hull Street and also agree that their trucks would not operate on Beach Road or other area roads. He further stated that, if the County does not accept settlement, the lawsuit will continue and the County could possibly lose the $1.3 million and still have trucks on area residential roads. He expressed concerns relative to health and safety issues. Mr. Barber stated that he does not feel the current Board would approve zoning to permit Vulcan to operate a quarry at its present location, but the Board must deal with actions of past Boards as well as the courts. He further stated that, if the Board does not approve the proposal, Vulcan can then return to court iE"~n effd~t to avoid the road improvements requirement. He stated that,' from a practical standpoint, he sees no other alternative but to accept the proposal. 00-155 2/23/00 Mr. Miller stated that he opposed the quarry as a member of the Planning Commission and that he feels any lawsuit is problematic and the County might be better served to accept the proposal. Mr. McHale stated that he feels the County has exhausted its legal opportunities and that the offer represents the best possible outcome. He further stated that a vote to accept the offer is not a vote in favor of the quarry -- it is a vote to remove truck traffic from residential roads. He stated that, although he does not like to have to make such a vote, he feels the offer is the best deal possible for the County and, therefore, he will support the proposal. After brief discussion, Mr. Barber made a motion, seconded by Mr. Warren, for the Board to transfer $350,000 from the Reserve for Capital Projects and $300,00 from the Transportation Industrial Access and Road Improvement Accounts for the Coalboro Road Extended Project. Mr. Warren called for a vote on the motion of Mr. Barber, seconded by Mr. Warren, for the Board to transferred $350,000 from the Reserve for Capital Projects and $300,000 from the Transportation Industrial Access and Road Improvement Accounts for the Coalboro Road Extended Project. Ayes: Warren, Barber, McHale and Miller. Nays: Humphrey. 18. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 10:09 p.m. until March 15, 2000 at 3:30 p.m. Ayes: Warren, Humphrey, Barber, McHale, and Miller. Nays: None. A~t~ Chairma~ 2/23/00 00-156