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10-11-2000 MinutesBOARD OF SUPERVISORS MINUTES October 11, 2000 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mrs. Renny B. 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, Police Department Mr. George Braunstein, Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Ms. Jana Carter, Dir., Youth Services 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 Mr. John W. Harmon, Right-of-Way Manager Mr Russell Harris, County Ombudsman Mr Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs Mr Jacob W. Mast, Jr. Nursing Home Admin. Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Dr William Nelson, Dir., Health Mr Richard A. Nunnally, Extension Agent Mr Francis Pitaro, Dir., General Services Mr D. L. Rose, Supvr., Animal Control Ms Karen F. Russell, Risk Manager 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 00-639 iO/li/O0 Mr. Warren called the regularly scheduled meeting to order at 4:11 p.m. 1. APPROVAL OF MINUTES FOR SEPTEMBER 13, 2000 - REGUI2%R MEETING AND SEPTEMBER 26, 2000 - MAYMONT MEETING On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of September 13, 2000 and September 26, 2000, as submitted. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that Mr. Dupler was recently appointed to the Board of Directors for the Building Officials and Code Administrators (BOCA) International, Incorporated, the international organization that publishes the State Building Code, Fire Prevention Code and Mechanical and Plumbing Codes used by the Building Inspection Department. He congratulated Mr. Dupler upon his appointment to the BOCA Board of Directors. 3. BOARD COMMITTEE REPORTS Mr. Barber stated that he participated in "A Night on the Streets" on October 6, 2000 where teenagers from the area raised more than $23,000 for Congregations Around Richmond Involved to Assure Shelter (CARITAS), a program for the homeless. He further stated that he and Mr. Miller attended the Fire and EMS Awards Ceremony on October 10, 2000. He invited the public to attend upcoming events in the Midlothian District, including Bon Air Village Day on October 14, 2000 and Midlothian Village Day on October 21, 2000. Mr. Miller stated that he and Mrs. Humphrey held a joint constituents' meeting on September 28, 2000 relative to EMS Revenue Recovery. He further stated that he attended Hispanic Day at Pocahontas Park on September 23, 2000. Mr. McHale stated that approximately 120 constituents attended his zoning and planning seminar on September 25, 2000. He commended Mr. Jacobson and the Planning staff for their efforts in planning and conducting the seminar. Mrs. Humphrey stated that the Chesterfield Farm Bureau will hold its annual meeting on October 19, 2000, with Congressmen Thomas Bliley and Norman Sisisky as guest speakers. She further stated that the First Tee grand opening will be held October 16, 2000. She stated that she will represent the Board on October 26, 2000 at a meeting of regional elected officials and tour of the new facilities at Virginia Commonwealth University. She expressed appreciation for the expertise displayed by County Fire and Police personnel in their efforts to save the lives of three local teenagers involved a tragic accident on September 29, 2000. Mr. Warren stated that he and Mr. Ramsey attended Capitol One's announcement of additional jobs on October 10, 2000 and noted 00-640 iO/ii/O0 that Capital One has created more jobs in the State than any other corporation in the history of the Commonwealth of Virginia. He further stated that he attended a reception on October 10, 2000 honoring Mr. Jim Dunn for ten years as president of the Chamber of Commerce. He stated that he will be taping a Chesterfield Matters program on October 12, 2000 relative to growth management which will be aired on Comcast beginning October 19, 2000. 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.22.a., Transfer of District Improvement Funds from the Dale District Improvement Fund to the Police Department to Purchase Replacement Bicycles for Community Policing Offices; added Item 8.C.22.b., Transfer of District Improvement Funds from the Midlothian District Improvement Fund to the Environmental Engineering Department for the Purchase and Installation of Rip Rap Within County Drainage Easements; added Item 8.C.22.c., Transfer of District Improvement Funds from the Matoaca District Improvement Fund to the Virginia State University Scholarship Program; replaced Item 10.B., Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and adopted the Agenda, as amended. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 5. RESOLUTIONS AND SPECIi%L RECOGNITIONS 5.A. RECOGNIZING OCTOBER 2000, AS ~QUALITY MONTH" Ms. Cole introduced Dr. Victor Gray, Vice Chairman of the Richmond Chapter of the American Society for Quality (ASQ), Ms. Donna Speck, Vice President of the Richmond Association for Quality and Participation (AQP), and Mr. Gary Allen from the County's Quality Office. On motion of the Board, the following resolution was adopted: WHEREAS, a commitment to excellence in manufacturing, service and government is essential to our nation's well-being; and WHEREAS, over the years, Virginians have shown great personal pride and interest in developing quality goods and services and in promoting a high standard of excellence in both the public and private sectors; and WHEREAS, from the smallest to largest manufacturing service organizations in the Commonwealth of Virginia, quality is a major concern; and WHEREAS, the individual workers, business leaders, educators and government officials must work together to promote excellence in the public and private sectors; and WHEREAS, in February 1992, the Chesterfield County Board of Supervisors directed the County Administrator to develop and initiate an ongoing total quality improvement effort aimed at iO/ii/O0 00-641 reinventing the way Chesterfield County government services its customers; and WHEREAS, many County employees have already joined the ranks of those in the private sector who are applying quality improvement tools and training in the workplace; and WHEREAS, Chesterfield County has developed ongoing partnerships with quality leaders in the private sector; and WHEREAS, Chesterfield County has distinguished itself as a leader in quality and productivity as evidenced by the receipt of the 1998 Award for Continuing Excellence; and WHEREAS, the Richmond Chapter of the American Society for Quality and the Richmond Association of Quality and Participation have provided leadership, programs and networking opportunities in the Greater Richmond area which have been beneficial to both the public and private sectors. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 2000, as "Quality Month" in Chesterfield County and calls its significance to the attention of all its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren, accompanied by Mr. Ramsey, presented executed resolutions to Dr. Gray and Ms. Speck and acknowledged the importance of the quality initiative. Mr. Ramsey expressed appreciation to Dr. Gray and Ms. Speck for their assistance in developing techniques for the County's quality initiative. Dr. Gray expressed appreciation to the Board for the recognition and commended the County for the extraordinary results of its quality initiative. Ms. Speck expressed appreciation recognition. to the Board for the 5.B. RECOGNIZING MS. JESSICA K. FALKOS, R.N., HEALTH DEPARTMENT, UPON HER RETIREMENT Dr. Nelson introduced Ms. Jessica Falkos who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Jessica K. Falkos retired from the Chesterfield County Health Department on October 1, 2000 after providing more than 33 years of quality services to the citizens of Chesterfield County; and WHEREAS, Ms. Falkos faithfully served the County in the capacity of Public Health Nurse, protecting and promoting the health of the community for 15 years; and WHEREAS, Ms. Falkos was promoted to Nurse Manager and was the first and only nurse to hold this position and has provided outstanding leadership to the Health District's nursing staff 00-642 for the past 18 years; and WHEREAS, Ms. Falkos has demonstrated exemplary management skills, which are reflected in the recognition of Chesterfield Health District as one of the leaders in public health for the State of Virginia; and WHEREAS, Ms. Falkos served on the Comprehensive Services Act Policy and Management Board to coordinate services to the County's at-risk children; and WHEREAS, Ms. Falkos has worked diligently for the development of public/private partnerships with other County departments and area businesses to implement programs such as Healthy Families and the Seibel Children's Health Care Center; and WHEREAS, Ms. Falkos provided leadership and support during the development and expansion of the Chesterfield County School Health Program; and WHEREAS, Ms. Falkos was recognized in 1997 as the Virginia State Public Health Nurse of the Year for her many significant contributions and achievements in public health nursing practice, the operations of Chesterfield Health District, and the surrounding comraunities; and WHEREAS, Ms. Falkos is highly respected by her peers and staff for her loyalty and devotion to the citizens of Chesterfield Health District. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Jessica K. Falkos for her many years of dedicated service and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for her service to the County, their congratulations upon her retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Falkos 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. Falkos, expressed appreciation for her dedicated service to the County, and wished her well in her retirement. Dr. Nelson presented Ms. Falkos with a Jefferson Cup and expressed appreciation for her dedicated service. 5.C. RECOGNIZING HEALTH CENTER COMMISSION ~.~RRS FOR THEIR SERVICE 5.C.1. DR. RICHAPJ) BELGRAD, CLOVER HILL DISTRICT Mr. Mast introduced Dr. Richard Belgrad who was present to receive the resolution. On motion of the Board, the following resolution was adopted: iO/il/O0 0o-643 WHEREAS, Dr. Richard Belgrad served as a volunteer member of the Chesterfield County Health Center Commission from June 1993 through June 2000, representing the Clover Hill District with an unselfish quality and energy that is to be admired by all; and WHEREAS, Dr. Belgrad brought to the Commission experience in health care from his extensive career as an oncology radiologist at Johnston-Willis Hospital; a private practice radiologist; Associate Professor of Radiology, Medical College of Virginia; and visiting radiologist, Sheba Medical Center, Tel Hashomer Israel; and WHEREAS, during Dr. Belgrad's tenure he was involved with Lucy Corr Nursing Home's transition from a department of Chesterfield County to an independent Health Center Commission; served as a member of the Marketing Committee which developed the Center's name, logo and general media coverage; and was also involved in the Brandermill Woods Project and the development of the new 240 bed Health Care Center; and WHEREAS, Dr. Belgrad exhibited a caring attitude for Lucy Corr Village residents, employees, family members and citizens of the community, by using his professional medical expertise when considering the decisions rendered; and WHEREAS, Dr. Belgrad's dedication, loyalty and involvement have been of such magnitude they have brought credit not only upon himself, but also Chesterfield County, the Chesterfield County Health Center Commission and Lucy Corr Village; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Dr. Richard Belgrad and extends, on behalf of the Health Center Commission, Lucy Corr Village, and the citizens of Chesterfield County, its appreciation for his service and dedication to improving the quality of life to those we serve. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Dr. Belgrad 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 Dr. Belgrad, accompanied by Mr. Mast and members of the Health Center Commission, and expressed appreciation for his service on the Health Center Commission. Dr. Belgrad expressed appreciation to the Board for the opportunity to serve the County and improve the quality of life for its citizens. 5.C.2. MS. SHIRLEY A. BARTLEY, MIDLOTHIAN DISTRICT Mr. Mast introduced Ms. Shirley Bartley who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 00-644 WHEREAS, Ms. Shirley A. Bartley served as a volunteer member of the Chesterfield County Health Center Commission from June 1996 through June 2000, representing the Midlothian District with an unselfish quality and energy that is to be admired by all; and WHEREAS, Ms. Bartley brought the Commission experience in health care planning and administration from her extensive career as an independent consultant and private researcher; Assistant for Planning/ Assistant Professor; Special Consultant to the President through AmeriHealth, Incorporated; and Assistant Administrator of Chippenham Medical Center; and WHEREAS, during Ms. Bartley's tenure as a member of the Health Center Commission Call to Action Committee, she supported legislative issues involved with increasing long-term care Medicaid reimbursement and development of the new 240 bed Health Care Center; and WHEREAS, Ms. Bartley exhibited a caring attitude for Lucy Corr Village residents, employees, family members and citizens of the community, by carefully considering the decisions rendered; and WHEREAS, Ms. Bartley's dedication, loyalty and involvement have been of such magnitude they have brought credit not only upon herself, but also Chesterfield County, the Chesterfield County Health Center Commission and Lucy Corr Village. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Ms. Shirley Bartley and extends, on behalf of the Health Center Commission, Lucy Corr Village, and the citizens of Chesterfield County, its appreciation for her service and dedication to improving the quality of life to those we serve. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Bartley 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. Barber presented the executed resolution to Ms. Bartley, accompanied by Mr. Mast and members of the Health Center Commission, and expressed appreciation for the expertise she provided to the Health Center Commission. Ms. Bartley expressed appreciation to the Board for the opportunity to serve on the Health Center Commission. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. iO/ii/O0 oo-6~5 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to nominate/appoint members to serve on the Towing Advisory Board and the Joint Accident Review Board. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.A.1. TOWING ADVISORY BOARD Mr. Barber requested that Mr. Ramsey provide him with information relative to negotiated services provided by towing companies in the County. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board nominated/appointed Mr. Edward S. Guice and Mr. Randy D. Dalton, alternate, to serve on the Towing Advisory Board, whose terms are effective immediately and will be at the pleasure of the Board. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.A.2. JOINT ACCIDENT REVIEW BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board nominated/appointed Mr. Edward S. Guice and Mr. Randy D. Dalton, alternate, to serve on the Joint Accident Review Board, whose terms are effective immediately and will be at the pleasure of the Board. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B. STREETLIGHT INSTALLATION APPROVALS After brief discussion, on motion of Mr. Miller, seconded by Mr. McHale, the Board approved the following streetlight installation cost approval: Dale District * Carryback Drive and Shady Creek Road Cost to install streetlight: $1,003.50 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mrs. Humphrey stated that, although the Woodpecker Road site does not meet the minimum criteria, she feels the streetlight should be installed for public safety reasons. Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to approve the following streetlight installation 00-646 cost approvals: Matoaca District * Woodpecker Road, vicinity of 7921 Cost to install streetlight: $2,026.81 * Eagle Rock Avenue and Mistwood Forest Drive Additional cost to install streetlight: $176.51 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C. CONSENT ITEMS 8. C. 1. ADOPTION OF RESOLUTIONS 8.C.1 .a. RECOGNIZING MR. J. R. SEXTON, INFOR~L~TION SYSTEMS TECHNOLOGY, UPON HIS RETIRF_/~ENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. J. R. Sexton will retire on October 27, 2000 from the Information Systems Technology Department; and WHEREAS, Mr. Sexton has provided 23 years of quality service to the citizens of Chesterfield County; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Sexton's diligent service; and WHEREAS, Mr. Sexton, as Systems Consultant, demonstrated exceptional leadership skills in providing quality information system services; and WHEREAS, Mr. Sexton has accomplishments to the County, application systems; and provided particularly significant regarding WHEREAS, Mr. Sexton has provided excellence in performance and service to Information Systems Technology's strategic and tactical support of County objectives; and WHEREAS, Mr. Sexton has earned the respect and admiration for his work ethic; and WHEREAS, Mr. Sexton's active participation in community projects such as the United Way Campaign, Christmas Mother Program and other community service activities exhibited thoughtful concern for his fellow citizens; and WHEREAS, Mr. Sexton's creativity, intuitiveness and communication skills exceeded the standards of excellence for Chesterfield County; and WHEREAS, Mr. Sexton's professionalism, enthusiasm and loyalty will be remembered by all. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. J. R. Sexton and lO/li/O0 00-647 extends their appreciation for his dedicated service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.l.b. RECOGNIZING MR. RICHARD E. PAGE FOR HIS DILIGENT EFFORTS ON BEHALF OF CHESTERFIELD COUNTY On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Richard E. Page is a citizen of Chesterfield County and a homeowner in the Surreywood Subdivision; and WHEREAS, Mr. Page identified the need for streets in his neighborhood to be repaved; and WHEREAS, Mr. Page brought this need to the attention of Chesterfield County and the Virginia Department of Transportation at its FY01-FY06 Six-Year Plan Secondary Road Hearing; and WHEREAS, because of Mr. Page's diligence and tireless efforts, the streets in Surreywood were repaved. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Richard E. Page and expresses appreciation for his commitment to his community and Chesterfield Ceunty. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.l.c. SUPPORTING THE DESIGN FOR THE LAKEVIEW ROAD/ WOODPECKER ROAD INTERSECTION IMPROVEMENT PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Lakeview Road/Woodpecker Road intersection is expected to carry over 8,700 vehicles per day by 2013; and WHEREAS, numerous accidents have occurred intersection of Lakeview Road/Woodpecker Road; and at the WHEREAS, Lakeview Road/Woodpecker Road intersection should be improved to help reduce the number of accidents; and WHEREAS, the Lakeview Road/Woodpecker Road Intersection Improvement Project 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 en the design ef the Lakeview Road/Weedpecker Read Intersection Imprevement Preject. NOW, THEREFORE BE Il' RESOLVED, that the Chesterfield County Board of Supervisors supports VDOT's Lakeview Road/Woodpecker Road Intersection Improvement Project design. 00-648 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.l.d. RECOGNIZING MR. JAMES W. DUNN FOR TEN YEARS OF SERVICE TO THE GREATER RICHMOND AREA On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. James W. Dunn began his career as a professional chamber executive in Devil's Lake, North Dakota in 1970; and WHEREAS, Mr. Dunn served in local chambers of commerce in Ohio, Virginia and Georgia before becoming president of the Greater Richmond Chamber of Commerce in 1990; and WHEREAS, Mr. Dunn received the 1999 Leadership Award presented by the Richmond First Club and University of Richmond's Jepson School of Leadership Studies; and WHEREAS, this award recognized his leadership in advancing the quality of governance, of public service and of life in the Richmond Metropolitan Area; and WHEREAS, Mr. Dunn was awarded the Certified Chamber Executive designation by the American Chamber of Commerce Executives (ACCE) in 1986, the ACCE's Chairman's Award in 1990, and was Virginia's Outstanding Chamber Executive in 1995; and WHEREAS, Mr. Dunn's service has improved the appeal of the Greater Richmond Metropolitan Area to businesses, and has contributed to the outstanding quality of life the region offers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. James W. Dunn, expresses appreciation for his contributions to the region, and wishes him many more happy and successful years with the chamber. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.l.e. NAMING THE SWIFT CREEK WATER PLANT THE ~ADDISON- EVANS WATER PRODUCTION AND LABORATORY FACILITY" On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Chesterfield County has been exceedingly fortunate that Mr. Donald E. Addison and Mr. Herbert W. Evans, Jr. have devoted over forty-nine years of service to the County, providing its citizens with safe, high quality drinking water; and WHEREAS, Mr. Addison began his career with the Utilities Department in 1965 and served as plant manager of the Swift iO/ii/O0 00-649 Creek Water Plant from its opening in 1966 until 1984 and Mr. Evans began his career with the Utilities Department in 1967 and served as plant manager ef the Swift Creek Water Plant from 1984 until 1996; and WHEREAS, under their leadership and direction, the Swift Creek Water Plant became and continues to be recognized by other utilities and regulatory agencies as one of the best operated and maintained facilities in the state; and WHEREAS, Mr. Addison, through his experience, organization skills, and foresight, developed highly effective operational programs and procedures for producing quality drinking water, and by his continual, capable administration of these procedures, established standards of excellence that have prevailed at the Swift Creek Water Plant to the present; and WHEREAS, Mr. Evans, through his significant knowledge and expertise in the science of drinking water, established the first laboratory at Swift Creek Water Plant, performing not only mandated drinking water testing, but developing and implementing water quality monitoring programs and procedures far exceeding regulatory requirements, and further continued his principle of exceeding expectations and accepting no less than superior water quality in his later role as plant manager; and WHEREAS, the fundamental tenets of excellence in water production and water quality testing and analysis so firmly established and practiced by Mr. Addison and Mr. Evans has not only ensured pure, safe drinking water for the citizens of Chesterfield County and established the Swift Creek Water Plant as an exemplary facility; it has further established these individuals as memorable icons in the drinking water industry. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the leadership and dedication of Mr. Donald E. Addison and Mr. Herbert W. Evans, Jr. by naming the County's Swift Creek Water Plant and Laboratory the "Addison-Evans Water Production and Laboratory Facility." Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.l.f. RECOGNIZING MR. JASON KEITH FORD UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Mr. McHale, seconded by Mr. Warren, 'the Board adopted the following resolution: 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 iO/ii/O0 00-650 WHEREAS, Mr. Jason Keith Ford, Troop 183, sponsored by Saint Ann's Catholic 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, Jason 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. Jason Keith Ford 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. 8.C.2. APPROPRIATION OF PART C FUNDING FOR AN ONGOING GRANT FOR EARLY INTERVENTION FOR INFANTS AND TODDLERS WITH DISABILITIES AND THEIR FAMILIES INITIATIVE On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted and appropriated $235,986 in state and federal funds for the Part C (Early Intervention for Infants and Toddlers with Disabilities and Their Families) Program of the Chesterfield Interagency Coordinating Council, an ongoing grant, administered by the Chesterfield Community Services Board and coordinated by the Community Services Board Infant Program. (It is noted the funds will be monitored by the Department of Mental Health, Mental Retardation and Substance Abuse, separate from the Department's FY2001 operating budget.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.3. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO PARKS AND RECREATION DEPARTMENT TO COMPLETE FENCING AROUND THE HOCKEY FIELD AT JAMES RIVER HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $1,443 from the Midlothian District Improvement Fund to the Parks and Recreation Department to complete the fencing around the hockey field at James River High School. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.4. APPROVAL OF AN AWARD RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS FY2000 LOCAL LAW ENFORCEMENT BLOCK GRANT AN~ APPROPRIATION OF FUNDS On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Police Department to accept an award from the U.S. Department of Justice, Office of Justice FY2000 Local Law Enforcement Block Grant, in the amount of $71,064, for 00-651 iO/ii/O0 purchasing equipment to enhance community policing and crime prevention efforts, and appropriate the necessary funds. (It is noted the source of the required local match of $7,896 for FY2001 will be the Police Department's Uniform Operations operating budget.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: Nene. 8.C.5. APPROVAL OF CONTRACTS 8.C.5.a. WITH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY FOR THE REMOVAL OF CHLORFLUOROCARBON (CFC) AND HYDROCHLOROFLUOROCARBON (HCFC) GASES FROM USED APPLIANCES On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract for the removal of chlorfluorocarbon (CFC) and hydrochlorofluoro- carbon (HCFC) gases from used appliances with the Central Virginia Waste Management Authority and Tri-City Appliances at a cost of ten dollars per appliance. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.5.b. WITH GODSEY AND SON FOR CRESCENT PARK SEWER IMPROVEMENTS On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a construction contract in the amount of $231,301.55 to Godsey and Son for County Project Number 91-0077 - Crescent Park Sewer Improvements, and authorized the County Administrator to execute any necessary documents. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.6. 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 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, a~s described, and any 00-652 necessary easements for cuts, fills and AND, BE IT FURTHER RESOLVED, that a resolution be forwarded to the Resident Virginia Department of Transportation. Type Chan.qe to the Secondary System of State Hiqhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Salisbury Falkirk, Section 1 · Senlac Court, State Route Number: 4049 From: Worchester Rd., (Rt. 4088) To: Cul-de-sac, a distance of: 0.09 miles. Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98, with a width of 50 Ft. · Thorney Court, State Route Number: 4048 From: Worchester Rd., (Rt. 4088) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98, with a width of 50 Ft. · Worchester Court, State Route Number: 4089 From: Worchester Rd., (Rt. 4088) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98, with a width of 50 Ft. · Worchester Road, State Route Number: 4088 From: W. Salisbury Rd., (Rt. 902) To: Worchester Ct., (Rt. 4089), a distance of: 0.04 miles. Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98, with a width of 50 Ft. · Worchester Road, State Route Number: 4088 From: Worchester Ct., (Rt. 4089) To: Thorney Ct., (Rt. 4048), a distance of: 0.07 miles. Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98, with a width of 50 Ft. · Worchester Road, State Route Number: 4088 From: Thorney Ct., (Rt. 4048) To: Senlac Ct., (Rt. 4049), a distance of: 0.07 miles. Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98, drainage. certified copy of Engineer for this the iO/ii/O0 00-653 with a width of 50 Ft. · Worchester Road, State Route Number: 4088 From: Senlac Ct., (Rt. 4049) To: End of section, a distance of: 0.04 miles Right-of-way record was filed on 10/6/1995 with the Office Of Clerk To Circuit Court in Pb.88; Pg. 98, with a width of 50 Ft. 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 pursuant to ~ 33.1-229, Code of Virginia, and Subdivision Street Requirements. AND, BE IT FURTHER clear and unrestricted necessary easements for AND, resolution be forwarded to the Resident Engineer Virginia Department of Transportation. Type Chan.qe to the Secondary System of State Hi.qhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Salisbury, Falkirk Section 2 · Dorsetshire Court, State Route Number: 4053 From: Worchester Rd., (Rt. 4088) To: Cul-de-sac, a distance of: 0 03 miles. Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit Court in Pb. 96; Pg. 15, with a width of 50 Ft. · Mortemer Road, State Route Number: 4028 From: Worchester Rd., (Rt. 4088) To: Winterfield Rd., (Rt. 714), a distance of: 0.12 miles. Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit Court in Pb. 96; Pg. 15, with a width of 50 Ft. · Worchester Road, State Route Number: 4088 From: Existing Worchester Rd., (Rt. 4088) To: Mortemer Rd., (Rt. 4028), a distance of: 0.04 miles. Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit COurt in Pb. 96; Pg. 15, with a width of 50 Ft. state highways, the Department' s RESOLVED, that this Board guarantees a right-of-way, as described, and any cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this for the 00-654 iO/ll/O0 · Worchester Road, State Route Number: 4088 From: Mortemer Rd., (Rt. 4028) To: Dorsetshire Ct., (Rt. 4053), a distance of: 0.10 miles. Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit Court in Pb. 96; Pg. 15, with a width of 50 Ft. · Worchester Road, State Route Number: 4088 From: Dorsetshire Ct., (Rt. 4053) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 10/29/1997 with the Office Of Clerk To Circuit Court in Pb. 96; Pg. 15, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the street 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 street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Change to the Secondary System of State Highways: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Addition Project: · From: To: Salisbury, Hearthland Section Worchester Road, State Route Number: 4088 W. Salisbury Rd., (Rt. 902) Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 4/19/1996 with the Office Of Clerk To Circuit Court in Pb. 90; Pg. 31, with a width of 50 Ft. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. iO/ii/O0 00-655 8.C.7. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO TERMINATE THE CONTRACT WITH ATS, INCORPORATED FOR RISK MANAGEMENT INFORMATION SYSTEM SOFTWARE DUE TO NON- PERFORMANCE On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to terminate the contract with ATS, Incorporated for Risk Management information system software due to non-performance. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.8. SET DATE FOR PUBLIC HEARINGS 8.C.8.a. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON POCOSHOCK BOULEVARD On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of November 8, 2000 at 7:00 p.m. for a public hearing to consider the restriction of through truck traffic on Pocoshock Boulevard between Hull Street Road and Elkhardt Road. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.8.b. TO CONSIDER THE ABANDONMENT OF A PORTION OF CONTINENTAL BOULEVARD, STATE ROUTE 926 On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: Resolution of Chesterfield County's intention to consider a Resolution and Order to abandon a portion of Continental Boulevard, State Route 926. Pursuant to Section' 33.1-151 of the Code of Virginia, 1950, as amended, be it resolved that the Chesterfield County Board of Supervisors hereby gives notice that at a regular meeting to be held on December 20, 2000, at 7:00 p.m. it will consider a Resolution and Order to abandon a portion of Continental Boulevard, State Route 926, from 0.07 miles south of Touchstone Drive, State Route 927 to Touchstone Drive, State Route 927, a distance of 0.07 miles, since it serves no public necessity and is no longer necessary as a part of the secondary system of State Highways. Accordingly, the Clerk of the Board shall send a copy of this Resolution to the State Transportation Commissioner thereof. The Clerk shall further cause to be published and posted the required notices of the Board's intention to abandon a portion of Continental Boulevard, State Route 926. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.9. APPROVAL OF CHANGE ORDERS 8.C.9.a. FOR THE GOVERNMENT CENTER pARKING LOT PROJECT On motion of Mr. McHaie, seconded by Mr. Warren, the Board authorized the County Administrator to execute a change order 00-656 iO/ii/O0 up to $50,000 for additional paving for the Government Center Parking Lot Project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.9.b. TO THE CONSTRUCTION CONTRACT WITH KENBRIDGE CONSTRUCTION COMPANY FOR THE JUVENILE AND DOMESTIC RELATIONS COURTS PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a change order with Kenbridge Construction Company, in the amount of $34,384 for revisions to the lawn irrigation system at the Juvenile and Domestic Relations Courts Project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.9.c. FOR WATER LINE REPLACEMENT ALONG MORNING HILL LANE/ MORNING HILL COURT On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute the necessary documents to process Change Order %1 /Final) for County Project #99-0031, Water Line Replacement along Morning Hill Lane/ Morning Hill Court. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.9.d. FOR WATER LINE REHABILITATION, QUAIL HILL PHASE TWO On motion of Mr. McHale, seconded by Mr. Warren, the Board authorizes the County Adminis5rator to execute the necessary documents to process Change Order #1 (Final) for County Project #99-0151, Water Line Rehabilitation, Quail Hill Phase Two. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.10. APPROVAL OF CONSTRUCTION CONTRACT AND APPROPRIATION OF FUNDS FOR LAKE CHESDIN PARK, PHASE ONE PROJECT After brief discussion, on motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a construction contract with Shoosmith Brothers, Incorporated in the amount of $307,692, for work at Lake Chesdin Park to construct Phase I facilities, including a new access road, boat trailer/car parking lot, light boat launch access to the lake and a small picnic area. And, further, the Board appropriated $100,000 from the Parks and Recreation Cash Proffer Account to the Lake Chesdin Park Phase I Capital Project Account. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. iO/ii/O0 00-657 8.C.11. APPROPRIATION OF FUNDS FOR THE GROVE SHAFT PARK, PHASE ONE PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to appropriate $70,000 from the Parks and Recreation Cash Proffer Account to the Grove Shaft Park Capital Project Account for initial engineering and site development of Phase I of the Grove Shaft Park Project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.12. INITIATION OF A VARIANCE APPLICATION TO THE BOARD OF ZONING APPEALS FOR RIGHT SIDE YARD SETBACK FOR A RESIDENCE ON GREENYARD ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board initiated an application for a variance for the right yard setback at 6721 Greenyard Road to correct a building permit error in 1988. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.13. APPROVAL OF TIME EXTENSION FOR ZONING ORDINANCE AMENDMENT RELATIVE TO ELECTRONIC MESSAGE CENTER SIGNS On motion of Mr. McHale, seconded by Mr. Warren, the Board granted the Planning Commission an additional 100 days to make its recommendation on the Zoning Ordinance Amendment relative to electronic message center signs. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.14. AUTHORIZATION TO EXECUTE A SUBORDINATION AGREEMENT FOR THE COUNTY'S WATER ASSESSMENT LIEN ON PROPERTY OWNED BY CHARLES AND DAWN GROSIK On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute an agreement subordinating the County's water' assessment district lien to a first mortgage for Charles and Dawn Grosik. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.15. APPROVAL OF WASTEWATER CONTRACT FOR OTTERDALE BRANCH TRUNK SEWER TO LAKE SUMMER On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following wastewater contract for Otterdale Branch Trunk Sewer to Lake Summer - Contract Number 94-0007, which project includes the extension of 1,343 L.F.± of 24-inch oversized wastewater lines: Developer: Otterdale Development Company, LLC Contractor: Browning Construction Company Contract Amount: Estimated Total - $~42,331.00 Total Estimated County Cost: Wastewater (Oversizing) $15,859.28 00-658 Wastewater (Off-Site) $36,400.73 Estimated Developer Cost $90,070.99 Code: (Refund thru connections - Oversizing) 5N-572V0-E4C (Refund thru connections - Off-Site) 5N-572V0-E4D District: Matoaca (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.16. APPROVAL OF UTILITY CONTRACT FOR BAYHILL POINTE SEWER TRUNK, PHASE THREE On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following Utility Contract for Bayhill Pointe Sewer Trunk, Phase 3 - Contract Number 98-0377, which project consists of 838 L.F. ! of 20-inch, 2,573 L.F. i of 21-inch, and 350 L.F. + of 24-inch oversized sewer lines: Developer: Contractor: G. L. Howard, Incorporated Contract Amount: Estimated Total - Total Estimated County Cost: Wastewater (Oversizing) Wastewater (Off-Site) Estimated Developer Cost Code: (Cash Refund - Oversizing) (Refund thru connections - Off-site) District: Matoaca Bayhill Development Corporation $429,576.00 $60,692.60 $59,561.50 $309,321.90 5N-572W0-E4C 5N-572V0-E4D (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.17. REQUESTS FOR PERMISSION 8.C.17.a. FROM RUSSELL E. BAILEY AND NELLIE D. BAILEY TO INSTALL A WATER SERVICE FOR AN EXISTING RESIDENCE ON BELCHERWOOD ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Russell E. Bailey and Nellie D. Bailey for permission to install a water service within a private easement to serve property at 7811 Belcherwood Road, and authorized the County Administrator to execute the water connection agreement. (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.17.b. FROM VERIZON VIRGINIA, INCORPORATED TO INST,?.?. UNDERGROUND FIBER OPTIC CABLE ACROSS HA/~PTON PAPJ{ DRIVE On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Verizon Virginia, Incorporated for permission to install underground fiber optic cable across Hampton Park Drive, subject to the execution of a license iO/li/O0 00-659 agreement. (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.17.c. FROM AUBREY L. AND JOYCE W. CARROLL FOR AN EXISTING FENCE AND CONCRETE DRIVEWAY TO ENCROACH WITHIN A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS LOT 29, BIGGIN POND, SECTION i On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Aubrey L. and Joyce W. Carroll for permission to have an existing wooden privacy fence and concrete driveway encroach within a sixteen foot drainage easement across Lot 29, Biggin Pond, Section 1, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.17.d. FROM NORMAN D. AND VICKI L. MURPHY FOR AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS LOT 13, BIGGIN POND, SECTION I On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Norman D. and Vicki L. Murphy for permission to have an existing wooden privacy fence encroach within a sixteen foot drainage easement across Lot 13, Biggin Pond, Section 1, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.17.e. FROM HOWARD AND ELLEN C. CARVER TO INSTALL DRAINAGE FACILITIES WITHIN A THIRTY FOOT GREENWAY EASEMENT ACROSS LOT 34, BLOCK A, REEDS LANDING, SECTION A On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Howard and Ellen C. Carver for permission to install drainage facilities within a thirty foot greenway easement across Lot 34, Block A, Reeds Landing, Section A, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.18. ACCEPTANCE OF PARCELS OF LAND 8.C.18.a. ALONG THE WEST LINE OF BURGE AVENUE FROM R. W. RAMSEY REALTY CORPORATION On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.023 acres along the west line of Burge Avenue (State Route 1470) from R. W. Ramsey Realty Corporation, and!authorized the County lO/ii/O0 00-660 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.18.b. ALONG THE WEST LINE OF MOSELEY ROAD FROM SKINQUARTER BAPTIST CHURCH On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing 0.075 acres along the west line of Moseley Road (State Route 605) from Skinquarter Baptist Church, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.18.c. ALONG THE WEST LINE OF OLD BON AIR ROAD FROM T AND N DEVELOPMENT, LLC On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing a total of 0.028 acres along the west line of 01d Bon Air Road (State Route 718) from T and N Development, LLC, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.19. REQUEST TO QUITCLAIM A VARIABLE WIDTH DRAINAGE EASEMENT ACROSS THE PROPERTY OF STRANGE'S FLORIST INCORPORATED On motion of Mr. McHale, Seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width drainage easement across the property of Strange's Florist, Incorporated. (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.20. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY TO INSTALL UNDERGROUND POWER LINES TO PROVIDE SERVICE FOR CHESTERFIELD MINI STORAGE On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground power lines to provide service for Chesterfield Mini Storage. (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. o/z /oo 00-661 8 .C.21. INITIATION OF AN APPLICATION FOR SUBSTANTIAL ACCORD AND A CONDITIONAL USE AND VARIANCE FOR HEIGHT RESTRICTIONS TO PERMIT A WATER TANK AND CELLULAR EQUIPMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board initiated an application for substantial accord and a conditional use and variance for height restrictions to permit a water tank and cellular equipment on property at 16400 Midlothian Turnpike (711-709-0391) and the existing access easement across 16500 Midlothian Turnpike (710-710-0358), and appointed Mr. John Harmon, County Right of Way Manager as the Board's agent. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.22. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.22.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE POLICE DEPARTMENT TO PURCHASE REPLACEMENT BICYCLES FOR COMMUNITY POLICING OFFICES On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $2,500 from the Dale District Improvement Fund to the Police Department to purchase replacement bicycles for the community policing offices. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.22.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE ENVIRONMENTAL ENGINEERING DEPARTMENT FOR THE PURCHASE AND INSTALLATION OF RIP RAP WITHIN COUNTY DRAINAGE EASEMENTS On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $2,000 from the Midlothian District Improvement Fund to the Environmental Engineering Department to purchase and install rip rap in County drainage easements. Ayes: Warren, Humphrey, Barber, HcHale and Miller. Nays: None. 8.C.22.c. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE VIRGINIA STATE UNIVERSITY SCHOLARSHIP PROGRAM On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $2,000 from the Matoaca District Improvement Fund to the Virginia State University Scholarship Fund, to be designated for a Chesterfield County student. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED iMATTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or Claims at this time. 00-662 lO/ii/O0 10. REPORTS On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following reports: A report on Developer Water and Sewer Contracts; and a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITIONS LENGTH BON AIR VISTA (Effective 8/30/2000) Winterslow Road (Route 4194) - From Route 2142 to Route 4197 0.08 Mi Winterslow Road (Route 4194) - From Route 4197 to Cul-De-Sac 0.06 Mi Winterslow Terrace (Route 4197) - From Cul-De-Sac to Route 4194 0.07 Mi GREENSIDE AT RIVER'S BEND, SECTION 1 (Effective 8/9/2000) Green Garden Circle (Route 5267) - From Route 4844 East to 0.01 Mile East Route 4844 East 0 O1 Mi Green Garden Circle (Route 5267) - From 0.02 Mile West Route 4843 to Route 4843 0 02 Mi Green Garden Circle (Route 5267) - From Route 4843 to Route 4844 West 0 03 Mi Green Garden Circle (Route 5267) - From Route 5266 to Route 4844 East 0 02 Mi Green Garden Circle (Route 5267) - From Route 4844 West to Route 5266 0 02 Mi Green Garden Circle (Loop) (Route 4844) - From Route 5267 West to Route 5267 East 0 05 Mi Green Garden Way (Route 4843) - From 0.06 Mile North Route 5267 to 0.16 Mile North Route 5267 Via Circle 0 10 Mi Greenside Court (Route 4842) - From Route 5266 to Cul-De-Sac 0 06 Mi Greenside Drive (Route 5266) - From Route 4842 to Route 4840 0 11 Mi Greenside Drive (Route 5266) - From Route 5268 to Route 4842 0 05 Mi Greenside Drive (Route 5266) - From Route 5267 to Route 5268 0 05 Mi Greenside Terrace (Route 5268) - From Route 5266 to Cul-De-Sac 0 04 Mi o/l /oo 00-663 LONAS PARKWAY (Effective 8/30/2000) Lonas Parkway (Route 6045) - From Cul-De-Sac to Route 360 NAIRN, SECTION 1 (Effective 8/25/2000) Nairn Court (Route 4979) - From Cul-De-Sac to Route 4978 Nairn Lane (Route 4978) - From Route 4979 to Route 4977 North Nairn Lane (Route 4978) - From Route 4977 South to Route 4979 Nairn Road (Route 4977) - From Route 4964 to Route 4978 South Nairn Road (Route 4977) - From Route 4978 South to Route 4978 North South Happy Hill Road (Route 4964) - From Route 625 to Routes 4965/4977 WATERVIEWS AT THE RESERVOIR (Effective 8/30/2000) Sailview Court (Route 4633) - From Cul-De-Sac to Route 4632 Sailview Drive (Route 4632) - From Route 4633 to Route 604 Sailview Drive (Route 4632) - From 0.03 Mile South Route 4633 Via Circle to Route 4633 Sailview Drive (Route 4632) - From 0.15 Mile South Route 4633 to 0.03 Mile South Route 4633 Via Circle WOODLAND POND, SECTION 10 Owl Trace Drive (Route 3806) - From Route 3807 to Route 3670 Owl Trace Drive (Route 3806) - From Cul-De-Sac to Route 3807 Timber Point Drive (Route 3807) - From Cul-De-Sac to Route 3806 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 0.52 Mi 0.08 Mi 0.11 Mi 0.40 Mi 0.04 Mi 0.07 Mi 0.30 Mi 0.15 Mi 0.11 Mi 0.03 Mi 0.12 Mi 0.21 Mi 0.13 Mi 0.17 Mi 11. DINNER On motion of Mr. McHale, seconded by Mr. Warren, t'he Board recessed to the Administration Building, Room 502 for dinner. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-664 Reconvening: 12. INVOCATION Reverend Dr. Samuel Robinson, Pastor of Brown Grove Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Boy Scout Richard Champigny, Troop 874, led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14 .A. RECOGNIZING CAPTAIN BENTON E. WOODRUFF, JR., FIRE DEPARTMENT, UPON HIS RETIREMENT Chief Elswick introduced Captain Benton Woodruff who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Captain Benton E. Woodruff, Jr. retired from the Fire and Emergency Medical Services Department, Chesterfield County, on October 1, 2000; and WHEREAS, Captain Woodruff attended Recruit School %1 in 1969 and has faithfully served the County for thirty-one years in various assignments as a Firefighter at the Bon Air and Chester Fire Departments, as a Sergeant at the Manchester Fire Department, as a Lieutenant at the Chester Fire Department and in the Fire Training Division, as an Administrative Officer, as Company Commander at the Bon Air Fire Department, and as Station Captain at the Ettrick Fire Department; and WHEREAS, in March 1976, Captain Woodruff and his crew were recognized with a Unit Citation for the successful rescue of a victim from an apartment fire at Rollingway Apartments; and WHEREAS, in December 1979, Captain Woodruff was recognized with the Department's highest award for heroism for his efforts to rescue a child from a fire on Cosmic Road despite suffering from heat exhaustion and burns in the attempt; and WHEREAS, in August 1993, Captain Woodruff received the Emergency Medical Services Award for his actions at a motor vehicle accident that resulted in a saved life. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Captain Benton E. Woodruff, Jr. and extends their appreciation for his dedicated service to the County, their congratulations upon his retirement and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Captain Woodruff and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. iO/ii/O0 00-665 Mr. Warren presented the executed resolution to Captain Woodruff, accompanied by members of his family, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Mr. Ramsey presented Captain Woodruff with a Jefferson Cup and congratulated him upon his retirement. Chief Elswick presented Captain Woodruff with a shadowbox containing his badges. Captain Woodruff expressed appreciation to the Board for the recognition. 14.B. RECOGNIZING OCTOBER 12, 2000, AS ~CHRISTMAS MOTHER DAY" MS. Suzanne Fleming, Assistant Director of Social Work, introduced Ms. Nan Hailey who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, most families in Chesterfield County enjoy peace and happiness during the Christmas holidays; and WHEREAS, there are many, including children, the elderly and the less fortunate, who do not have the means to enjoy this special time of year; and WHEREAS, the Chesterfield/Colonial Heights Christmas Committee has successfully provided food, gifts, and clothing to many of our citizens in the past; and WHEREAS, Mrs. Nan Hailey has been elected Christmas Mother for 2000 and requests support of all the citizens of the County to ensure that those less fortunate may enjoy this special season of the year. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 12, 2000 as "Christmas Mother Day" and urges all citizens of Chesterfield County to support this worthy endeavor. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors publicly commends the Christmas Committee for their very successful efforts in past years and extends best wishes for a successful 2000 season. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Hailey 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 oresented the executed resolution and a contribution, on behalf of the County, to Mrs. Hailey, accompanied by several members of the Christmas Mother Committee, and wished her well in her endeavors as Christmas Mother. Mrs. Hailey expressed appreciation to the Board for their support of the Chesterfield/Colonial Heights Christmas Mother 00-666 Program and stated that 1,500 families were assisted by the program in 1999. 14 .C. RECOGNIZING OCTOBER 2000, AS ~DOMESTIC VIOLENCE AWARENESS MONTH" Mr. Stegmaier introduced Ms. Janett Forte, Domestic Violence Resource Center Coordinator, who was present to receive the resolution. Ms. Forte introduced several members of the Domestic Violence Task Force and domestic violence service providers who were present at the meeting. On behalf of the Board, the following resolution was adopted: WHEREAS, violence in the home continues as a major social problem affecting all members of the family and community and dramatically reduces the quality of life for many citizens; and WHEREAS, we understand the problems of domestic violence occur among people of all ages and in families of all economic, racial and social backgrounds; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security and humanity due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men and their children and our community as a whole; and WHEREAS, Chesterfield County is committed to supporting the well being of families by advocating for intervention and prevention activities that decrease the incidents of domestic violence; and WHEREAS, only a coordinated and integrated effort which obtains a commitment from all elements of the community to share responsibility in the fight against domestic violence will put an end to the horrific crime. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the month of October 2000, as "Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic Violence Resource Center, the Chesterfield Domestic Violence Task Force and our local domestic violence service providers in working towards the elimination of domestic violence in our community. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren presented the executed resolution to Ms. Forte, accompanied by members of the Domestic Violence Task Force and domestic violence service providers, and expressed appreciation for their efforts towards eliminating domestic violence. Ms. Forte expressed appreciation to the Board for their support and presented each Board member with a purple ribbon which signifies commitment to ending domestic violence. iO/li/O0 00-667 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 There were no requests for mobile home permits and rezoning on the consent agenda. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AN ORDINANCE TO ESTABLISH THE ~GREAT BRANCH SEWER ASSESSMENT DISTRICTS A AND B" Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to establish the "Great Branch Sewer Assessment Districts A and B" and the appropriation of funds for the project from the sewer fund balance. Mr. Chris Nolen, representing the Hazel B. Copley Estate, stated that, because the estate holds the largest parcel in both Districts A and B, it will bear the greatest cost of the proposed sewer line. He further stated that the proposed assessment for the property owned by the estate is approximately $709,000. He stated that the Code of Virginia requires that the cost to the abutting property owners is not more than the peculiar benefit to that property owner, and that he feels the benefit to the estate is less than $700,000. When asked, Mr. Nolen stated that the fee being assessed is greater than any benefit the owners of the parcel could ever receive. Mr. Miller expressed concerns as to whether the appraisal took into account the highest and best use of the property for the existing zone and the probability of rezoning to another category. Mr. Barber stated that there is a timeliness issue involved with adoption of the ordinance because Thomas Dale West has utility line concerns. Mr. Nolen stated that he will continue negotiations with the County Attorney's Office. He submitted a letter for the record, on behalf of the Hazel B. Copley Estate, objecting to the proposed assessment and ordinance. There being no one else to speak to the issue, the public hearing was closed. Mr. McHale stated that there have been several development attempts in the area and that, without public sewer, they did not make economic sense. He further stated that he feels sewer will be beneficial to the Copley Estate in marketing their property. He expressed concerns relative to the need to replace the private sewer treatment facility currently used by Thomas Dale West. He stated that he feels the County should continue negotiations with the Copley Estate, but proceed with the project. 00-668 iO/il/O0 Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to appropriate $2,101,000 for the Great Branch Sewer Assessment Districts A and B from the sewer fund balance; set interest rates equal to the interest rate on one-year U.S. Treasury Bills on this date; and adopt the following ordinance: AN ORDINANCE TO CREATE THE GREAT BRANCH SPECIAL TAX OR ASSESSMENT SEWER DISTRICTS A AND B BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Great Branch Special Tax or Assessment Sewer Districts A and B is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District A: The Great Branch Special Tax or Assessment Sewer District A. District B: The Great Branch Special Tax or Assessment Sewer District B. Map of the Districts: The map entitled "Great Branch Tributary Sewer Assessment Districts A & B" prepared by the County Department of Utilities, dated January 12, 2000, revised July 12, 2000, which map is on file with the director of utilities. Section 2. Establishment of Great Branch Special Tax or Assessment Sewer Districts A and B. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there are hereby created in the county the Great Branch Special Tax or Assessment Sewer Districts A and B. The area of District A shall be and the same is hereby fixed within the boundaries depicted as district "~' on the map of the districts. The area of District B shall be and the same is hereby fixed within the boundaries depicted as district "B" on the map of the districts. Section 3. Construction of certain sewer facilities in and adjacent to the districts. The utilities department shall cause to be constructed in and adjacent to District A and District B the sewer line and appurtenant facilities depicted on the map of the districts. Section 4. Taxes or assessments upon owners of property located within the districts. The cost of construction of the sewer line and appurtenant facilities located within District A including the legal, financial and other directly attributable costs incurred by the county, shall be apportioned among the owners of property in District A abutting the sewer line. The amount of the tax or assessment charged to each such owner shall be in the same proportion to the total cost of the improvements constructed in District A as the acreage located in District A which is owned by the abutting property owners bears to the total acreage in District A; except that with respect to the four parcels contained in District A that are being used for residential iO/ii/O0 00-669 purposes the assessment shall be $4,124.91 per parcel. The cost of construction of the sewer line and appurtenant facilities located within District B, including the legal, financial and other directly attributable costs incurred by the county, shall be apportioned among the owners of property in District B abutting the sewer line. The amount of the tax or assessment charged to each such owner shall be in the same proportion to the total cost of the improvements constructed in District B as the acreage located within District B which is owned by the abutting property owners bears to the total acreage in District B. The amount finally taxed or assessed against each landowner in both districts shall be reported to the treasurer as soon as practicable after completion of the sewer line and appurtenant facilities located within the districts, and the treasurer shall enter the same as provided for other taxes. Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the sewer line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in twenty (20) equal semiannual principal installments over a period of ten (10) years, together with simple interest on the unpaid principal balance at an annual rate equal to the interest rate of one-year United States Treasury Bills on the date when the ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 17. RF24AINING MOBILE HOME PERMITS AND ZONING REQUESTS 01SN0112 In Clover Hill Magisterial District, RICHARD A. AND PAMELA J. CHAM~I~Y request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-25) . 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 residential use of 1.0 to 2.5 units per acre. This request lies on 1.9 acres fronting approximately 120 feet on the east line of Sussex Drive, across from Kempwood Drive. Tax ID 761-687-6998 (Sheet 11). 00-670 iO/ii/O0 Ms. Beverly Rogers presented a summary of Case 01SN0112 and stated that staff recommends approval subject te the applicant addressing the impact en capital facilities consistent with the Beard's policy. She further stated that the Planning Commission recommends approval and acceptance ef two proffered conditions, indicating that there is a unique family situation and the request conforms to the Central Area Plan. There was brief discussion relative te the amount of acreage owned by the applicant and size comparison ef area parcels. Mr. Richard Champigny and Mrs. Pamela Champigny stated that the Planning Commission's recommendation is acceptable. There was no opposition present· On motion of Mr. Warren, seconded by Hrs. Humphrey, the Board approved Case 01SN0112 and accepted the following proffered conditions: Development shall be limited to a maximum of one dwelling unit. (?) 2. All impervious areas shall drain towards Sussex Drive. (EE) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.B. TO CONSIDER AMENDMENTS TO THE INDUSTRIAL WASTE DISCHARGE ORDINANCE RELATING TO PENALTIES FOR VIOLATION OF THE ORDINANCE Mr. Stith stated that this date and time has been advertised for a public hearing to consider amendments to the Industrial Waste Discharge Ordinance relating to penalties for violation of the ordinance. Ne eno was present te speak to the ordinance. After brief discussion, en motion of Hrs. Humphrey, seconded by Hr. McHale, the Beard adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 18-112 AND 18-113 RELATING TO PENALTIES FOR VIOLATION OF THE INDUSTRIAL WASTE DISCHARGE ORDINANCE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-112 and 18-113 ef the Code ef the County ef Chesterfield, 1997, as amended, is amended and re-enacted te read as follows: Sec. 18-112. Enforcement. (a) If the director determines that a significant industrial user has failed to apply for a permit, has violated the terms ef his permit or has violated any provisions of this article, the director shall issue a notice ef violation er administrative order, in accordance with the Enforcement Response Plan (ERP) developed pursuant te the federal Clean iO/ii/O0 00-67i Water Act. The notice or order shall be sent to the significant industrial user at the address where the significant industrial user receives utility bills and shall order the significant industrial user to correct the violation within 30 days. o o o (d) The director shall follow the procedures set forth in the Enforcement Response Plan that is developed by the director in accordance with 40 CFR 403.8 to enforce permit violations. In addition to the ERP and other enforcement procedures that are provided in this section, the director may seek injunctive relief to enjoin violations of this article. Sec. 18-113. Penalties. (a) Any significant industrial user who fails to comply with the terms of an Administrative Order within the time prescribed by the order shall be subject to a civil penalty not to exceed $25,000 for each day the violation continues. Such penalty may be imposed administratively by the Director when permitted by the ERP. If a penalty is imposed by the Director, the significant industrial user may appeal the imposition of the penalty as set forth in Section 18-112(b). Any significant industrial user who violates the provisions of this article after having been assessed civil penalties pursuant to this section shall be guilty of a misdemeanor punishable by a fine of not more than $25,000. Each day the violation continues shall be a separate offense. (b) If any person discharges a substance into the wastewater system, including the sludge system which results in damage to the county wastewater system, the wastewater treatment plant providing treatment or other real or personal property; or which alters the nature or quality of the sludge or effluent generated by the wastewater treatment plant in a way that increases the cost of safe sludge removal, sludge disposal or wastewater treatment, then that person shall be liable to the county for the cost of all such damage. (c) If a significant industrial user fails to comply with the terms of an Administrative Order within the time prescribed by the Order and the director determines that such failure to comply creates a significant risk of damage to the County wastewater system or non-compliance with the County's effluent discharge limits, then in addition to the other remedies provided in this article, the director may terminate water service to the significant industrial user, may suspend the significant industrial user's permit, may require the significant industrial user to cease discharging industrial waste into the wastewater system until it is in compliance with the article; or may impose some combination of the penalties and enforcement response actions enumerated in this section. o o o (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-672 iO/ii/O0 16.C. TO CONSIDER AN AMENDMENT TO SECTION 4-24 OF THE COUNTY CODE RELATING TO ANIMAL CONTROL Mr. Micas stated that this date and time has been advertised for a public hearing to consider an amendment to Section 4-24 of the County Code relating to animal control. No one was present to speak to the ordinance. On motion of Mr. Miller, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 4-24 RELATING TO CONTROL DANGEROUS OR VICIOUS DOGS. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 4-24 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 4-24. Control of dangerous or vicious dogs. (a) If the animal warden receives a complaint or has reason to believe that a canine or canine crossbreed is a dangerous dog, he shall undertake an investigation to determine whether the dog is dangerous. The animal warden shall confine the animal until a determination is made and any appeals have been exhausted. If the animal warden determines that the owner or custodian can confine the animal in a manner that protects public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The investigation shall include, but not be limited to, a review of the following: (i) the incident forming the basis of the complaint; (ii) any other violent acts by the animal, (iii) interviews with the complainant(s) and anyone else having knowledge of the animal and (iv) observations of the animal. In addition, the animal's owner may present evidence. The animal warden may also seek comments from the health department. Upon completion of the investigation, the animal warden shall make a written determination as to whether the animal is dangerous. If the animal warden determines that the animal is vicious, he shall follow the procedures in paragraph (b). If he determines that the animal is dangerous, the animal's owner shall comply with this section. If the animal's owner disagrees with the animal warden's determination that the animal is dangerous, he may file an appeal to the general district court within 15 days of the date of the animal warden's determination. The court, through its contempt powers, may compel the owner to produce the animal for trial. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with this section. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with section 4-25. (b) If the animal warden receives a complaint or has reason to believe that a canine or canine crossbreed is a vicious dog, he shall apply to a county magistrate for a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding iO/ii/O0 00-673 and the matters at issue. The animal warden shall confine the animal until a verdict is rendered on the summons. If the animal warden determines that the owner or custodian can confine the animal in a manner that protects public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt.. ~ ,~owers, may compel the owner to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with this section. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with section 4-25. o o o (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.D. TO CONSIDER AN A/~ENDM~NT TO SECTION 17-12 OF THE SUBDIVISION ORDINANCE Mr. William Poote, Assistant Director of Planning, stated that this date and time has been advertised for a public hearing to consider an amendment to Section 17-12 of the Subdivision Ordinance relating to legal remedies for violations. He further stated that the amendment was created to legalize existing residential uses and parcels in an Agricultural District that do not currently comply with the Zoning Ordinance or Subdivision Ordinance. He stated that the Planning Commission recommends approval of the ordinance. He further stated that, if the Board adopts the proposed amendment, a Conditional Use Planned Development application initiated by the Board will be considered by the Planning Commission and Board in November 2000 to remedy the situation that led to the proposed amendment. There was brief discussion relative to the possibility of a proper title search revealing the subdivision discrepancy. Ms. Becky Cone, a resident of Moseley Road, stated that she was very surprised when her request for a building permit was denied. She expressed appreciation for the efforts of the Planning Department and the County Attorney's Office and requested that the Board support the amendment. There being no one else to speak to the ordinance, the public hearing was closed. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 17-12 RELATING TO LEGAL REMEDIES FOR VIOLATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 00-674 That Section 17-12 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 17-12. Legal remedies for violations. (a) In addition to the penalties provided for the violation of the provisions of this chapter, in case of any violation or attempted violation of the provisions of this chapter, the county administrator or agent may institute any appropriate action or proceedings, by injunction or otherwise, to prevent such violation or attempted violation and to restrain, correct or abate such violation or attempted violation, or to prevent any act which constitutes a violation. (b) The Board may exempt a parcel from the subdivision ordinance as a condition of a CUPD when requested in writing by a bona fide purchaser of such parcel without notice that the parcel was created in violation of the provisions of this chapter where the following additional circumstances exist: 1. The parcel is zoned Agricultural (A); and o The parcel is located in an area that is designated for rural conservation on the Comprehensive Plan; and A building permit was issued for the parcel at a time when the parcel was legally configured. (2) That this ordinance shall immediately upon adoption. become effective Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.E. TO CONSIDER THE PROPOSED CONSUMER UTILITY TAX ORDINANCE AMENDMENTS FOR THE CONVERSION UTILITY TAX RATES FOR ELECTRICITY AND NATURAL GAS FROM A PER BILL BASIS TO A CONSUMPTION BASIS Ms. Dickson stated that this date and time has been advertised for a public hearing to consider proposed consumer utility tax ordinance amendments for the conversion of utility rates for electricity and natural gas from a per bill basis to a consumption basis. She stated that currently the consumer utility tax for electric and gas service is based on the amount of the bill. She further stated that utility companies have been collecting the tax and remitting it to the County. She stated that the State authority to collect the tax in its present form expires December 31, 2000 and that, effective January 1, 2000, the tax must be based on a consumer's consumption rather than the amount of the bill. She further stated that State legislation requires that localities amend their electric and gas utility ordinances by October 31, 2000 and notify the electric and gas providers of their changes. She stated that the proposed ordinance converts the current consumer utility taxes on electricity and natural gas from a percentage of the amount billed to a rate per unit consumed. She further stated that the conversion is required to be revenue neutral and noted that staff has worked with electric and natural gas companies to determine the necessary rates to meet the revenue neutral requirement. She stated that staff is iO/li/O0 00-675 requesting one minor change to the proposed ordinance clarifying that taxes paid to the County must be in a form approved by the Commissioner of Revenue. No one was present to speak to the ordinance. When asked, Ms. Dickson stated that adoption of the ordinance should not result in any increased taxes to the consumers and the maximum rate still remains at $2.00. On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY BY AMENDING AND REENACTING SECTIONS 9-172, 9-174, 9-176 AND 9-177 RELATING TO ELECTRIC AND NATURAL GAS CONSUMER UTILITY TAX BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (a) That Sections 9-172, -174, -176 and -177 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 9-172. Electric and Natural Gas Consumers Tax. (a) Definitions: for purposes of this tax, the following words shall have the following meanings: Consumer means every person who, individually or through agents, employees, officers, representatives or permittees, makes a taxable purchase of electricity or natural gas services in this jurisdiction. Gas utility means a public utility authorized to furnish natural gas service in Virginia. CCF means the volume of gas at standard pressure and temperature in units of 100 cubic feet. Kilowatt hours (kWh) delivered means 1000 watts of electricity delivered in a one-hour period by an electric provider to an actual consumer, except that in the case of eligible customer-generators (sometimes called cogenerators) as defined in Virginia Code ~ 56-594, it means kwh supplied from the electric grid to such customer-generators, minus the kwh generated and fed back to the electric grid by such customer-generators. Person means any individual, corporation, company or other entity. Pipeline distribution company means a person, other than a pipeline transmission company which transmits, by means of a pipeline, natural gas, manufactured gas or crude petroleum and the products or byproducts thereof to a purchaser for purpose of furnishing heat or light. Residential consumer means the owner! or tenant of property used primarily for residential purposes, including but not limited to, separately metered apartment houses and other multiple-family dwellings. lO/ll/O0 00-676 Service provider means a person who delivers electricity to a consumer or a gas utility or pipeline distribution company which delivers natural gas to a consumer. Used primarily relates to the larger portion of the use for which electric or natural gas utility service is furnished. (b) In accordance with Virginia Code ~ 58.1-3814 there is hereby imposed and levied a monthly tax on each purchase of electricity and natural gas delivered to consumers by a service provider as follows: (i) Residential consumers of electricity: Such tax shall be $1.40 plus the rate of $.015062 on each kWh delivered monthly not to exceed $2.00 monthly. (2 Commercial consumers of electricity: Such tax shall be $1.15 plus the rate of $.007023 on the first 2,684 kwh, $.000508 on 2,685 to 195,597 kWh and $.000367 on the remaining balance delivered monthly. (3 Industrial consumers of electricity: Such tax shall be $1.15 plus the rate of $.010995 on the first 1,714 kWh, $.000758 on 1,715 to 131,002 kwh and $.000167 on the remaining balance delivered monthly. (4 Residential consumers of natural gas: shall be $2.00 per month. Such tax (5 Non-residential consumers of natural gas: Such tax shall be $2.00 plus the rate of $0.010010 on the first 50,000 CCF and $0.00005 on the remaining balance delivered monthly. o o o Sec. 9-174. Billing, collection and remittance of tax. Ail service providers under this Article XII shall bill the applicable consumer tax to all users who are subject to the tax and shall remit the same to the commissioner of the revenue for the county on a monthly basis no later than the 15th day of the succeeding month of collection. Such taxes shall be paid by the service provider to the commissioner of the revenue for the county in accordance with Virginia Code ~ 58.1-3814 and Virginia Code ~ 58.1-2901 and remitted in a form approved by the commissioner of revenue. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to the county. Failure of the service provider to remit consumer taxes on a timely basis shall subject the service provider to penalties and interest as provided in Section 9-6. o o o Sec. 9-176. Computation of bills not on monthly basis. Bills shall be considered as monthly bills for the purposes of this ordinance if submitted 12 times per year in approximately one month intervals. The tax for a bi-monthly bill (approximately 60 days) shall be determined as follows: (i) the kwh or CCF will be divided by 2; (ii) a monthly tax will be calculated using the rates set forth above; (iii) the tax determined by (ii) shall be multiplied by 2; (iv) the tax 00-677 iO/ii/O0 in (iii) may not exceed twice the monthly "maximum tax". Sections 177-180 Reserved. (2) That this ordinance shall become effective January 1, 2001. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A FORTY FOOT RIGHT OF WAY KNOWN AS MID-CITY ROAD WITHIN MID- CITY FARMS SUBDIVISION Mr. Stith stated that this date and time has been scheduled for a public hearing to consider an ordinance to vacate a portion of a forty foot right of way known as Mid-City Road within Mid- City Farms Subdivision. No one was present to speak to the ordinance. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to FOREST LAKE ASSOCIATES, L.L.C., a Virginia limited liability company, ("GRANTEE"), a portion of a 40' right of way known as Mid-City Road located in Mid-City Farms Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 3, at Pages 242 and 243. WHEREAS, FOREST LAKE ASSOCIATES, L.L.C., a Virginia limited liability company, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 40' right of way known as Mid-City Road located in Mid-City Farms Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 3, Pages 242 and 243, by E. WARREN RITCHIE, dated APRIL 1913. The portion of road petitioned to be vacated is more fully described as follows: A portion of a 40' right of way known as Mid-City Road located in Mid-City Farms Subdivision, the location of which is more fully shown on a plat made by TIMMONS, dated AUGUST 2, 2000, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of road sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That Virginia, pUrsuant to Section,~,~ ~5.~-22.72..o.f the' Cede of 1950, as amended, the ~feres'ai-a pertien ef ~had be iO/ii/O0 00-678 and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of VirGinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the portion of road hereby vacated in the abutting property owners, within Mid-City Farms Subdivision, free and clear of any rights of public use subject to the resubdivision of the lots adjacent to the portion of Mid-City Road hereby vacated. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and FOREST LAKE ASSOCIATES, L.L.C., a Virginia limited liability company or its successors in title, as GRANTEE. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 18. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 8:02 p.m. until October 25, 2000 at 4:00 p.m. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. ~ne t } ' A~ma~nS 2 sYt ~a t ~ Arthur S. Warren Chairman iO/il/O0 00-679