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10-25-2000 MinutesBOARD OF SUPERVISORS MINUTES October 25, 2000 Supervisors in Attendance: Staff 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 Mr J. Edward Beck, Asst. Director, Utilities Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Rebecca Dickson, Dir., Budget and Management Mr James Dunn, Dir., Economic Development Mr William D. Dupler, Building Official Ms Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Lt. Col. Dennis McDonald, Dep. Chief of Police Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir., Block Grant Office Mr. Scott Zaremba, Asst. Dir., Human Resource Mgt. Mr. Warren called the regularly scheduled meeting to order at 4:13 p.m. zo/2s/oo 00-680 1. APPROVAL OF MINUTES FOR OCTOBER 11, 2000 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of October 11, 2000, as submitted. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2. COUNTY ADMINISTRATOR'S COb~HENTS There were no County Administrator's comments at this time. 3. BOARD COMMITTEE REPORTS There were no Board committee reports at this time. o REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone action, additions or changes in the order of presentation at this time. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING DEVON USA INCORPORATED AS THE 2000 DEVELOPER OF THE YEAR Mr. Dunn introduced Mr. Michael Denning, President of Devon USA Incorporated, Mr. Phillip Ucci, Senior Vice President of Devon USA Incorporated, and Mr. Fred Seelman, Superintendent for the Enterchange at Walthall Project, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the County that contribute to the County's economy and its citizens; and WHEREAS, Devon USA Incorporated is a twenty-five year old local commercial real estate developer and premier provider of light manufacturing/warehouse, office and retail properties in the Richmond Metropolitan Area; and WHEREAS, the company currently owns and manages about 2.2 million square feet of buildings, 40 percent of which are located in Chesterfield County; and WHEREAS, Devon's newest project, Enterchange at Walthall, is in response to Chesterfield's well-deserved reputation as a first class light manufacturing/distribution hub; and WHEREAS, Devon USA constructed a large speculative light manufacturing and distribution facility of 650,000 square feet with another 600,000 square feet planned as Phase II; and WHEREAS, the company's objectives are to enhance the economic development activities of Chesterfield County by 00-681 o/2s/oo providing the properties for businesses to relocate to and expand in - facilitating a section of the user market that cannot wait for buildings to be constructed, and who otherwise might locate in other counties or states; and WHEREAS, Devon USA has contributed to Chesterfield County's economic vitality not only by paying significant taxes on its properties, but by attracting and retaining businesses. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Devon USA Incorporated and expresses its appreciation, on behalf of the County, for the company's many contributions by recognizing it as the 2000 recipient of the Chesterfield County Developer of the Year Award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Devon USA Incorporated 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. McHale, accompanied by Mr. Ramsey, presented the executed resolution to Mr. Denning, accompanied by Messrs. Dunn, Ucci and Seelman, commended them for Devon USA's many contributions to the County, and congratulated them for Devon USA being named the 2000 Developer of the Year. Mr. Denning expressed appreciation to the Board, on behalf of Devon USA Incorporated, for the recognition. (It is noted an engraved silver plate will be presented.to Devon USA Incorporated at a later date.) 6. WORK SESSIONS o 2001 LEGISLATIVE PROGRAM Ms. Curtin presented an overview of the Proposed 2001 Legislative Program. She reviewed recent issues including significantly decreased State revenues for the first quarter of the current fiscal yea~ and a proposed action by the Joint Rules Committee that would limit the number of bills and resolutions that individual members of the House and Senate can introduce. She stated that, under this proposal, legislators will have an unlimited ability to prefile bills by December 18, 2000; but after the General Assembly session has begun, House members could be limited to introducing six bills and joint resolutions and Senate members limited to ten. She reviewed Legislative Priorities including protecting existing revenue sources and taxing authority; providing additional State funding for Comprehensive Services Act shortfalls; amendments to the County Charter to allow the Budget Director and County Administrator to receive certain tax information from the Commissioner of Revenue and to reflect recodification of Title 15.1 to 15.2; providing additional State funding for operation of Drug Court; and expanding misdemeanor exceptions for which a juvenile may be taken into custody. Mr. Miller expressed concerns relative to the request to expand misdemeanor exceptions for juveniles vandalizing property on zo/25/oo 00-682 commercial grounds and questioned the reason this could not also apply to residential property. Lieutenant Colonel McDonald stated that the intent of the legislative priority is to merge the Juvenile Code and the Criminal Adult Code and that, in order to add vandalism of residential property to the misdemeanor offense exception for which a juvenile may be taken into custody, it would also be necessary to change the Criminal Adult Code to reflect the same. Mr. Miller requested that staff explore the possibility of adding vandalism of residential property to the misdemeanor offense exception for which both adults and juveniles may be taken into custody. Ms. Curtin continued to review Legislative Priorities including opposing any new mandated benefits. There was brief discussion relative to the carry-over bills from the last General Assembly session. Ms. Curtin then reviewed Legislative Requests including the tolls issue and stated that, after the Joint Legislative Audit Review Commission (JLARC) releases its recommendations December 11, 2000 from their study of the use of tolls, the Board may want to take either a support or oppose position. Mr. Warren stated that the Board will be meeting with the legislative delegation on November 8, 2000 and requested that Board members express their concerns prior to that meeting so that changes can be made to the proposed Legislative Program before presenting it to the legislative delegation. Mrs. Humphrey requested that the Board members be provided a list and brief description of the bills that are still remaining to be acted upon from the previous General Assembly session. Mr. Barber requested that the delegation be questioned about items that the County may be unaware of that might have an impact on the County. Ms. Curtin continued to review Legislative Requests including creating a State certification program for construction site operators for implementation of erosion and sediment control plans and allowing the Health Department to charge an application fee for restaurant permits and annual renewals. When asked, Ms. Curtin stated that the application fee for restaurant permits would be approximately $100. Mr. Miller expressed concerns relative to adding an additional burden on restaurant owners and stated that he is not comfortable with this legislative request. Mr. Warren stated that, based on suggestions from the legislative delegation, requests can be eliminated from the County's Legislative Program. Mr. Hammer stated that the State Health Department has suffered numerous budget cuts for the past three years. He further stated that the application fee would assist in providing personnel to train individual restaurants on health related 00-683 issues and indicated that the legislative request would not go forward without restaurant industry support. Ms. Curtin continued to review Legislative Requests including providing that any proceeding before the Board of Zoning Appeals would be stayed in the event there is a pending criminal proceeding on the same matter; reinstating requirements in the claims procedure that any appeal of the denial of a claim against a County must be filed in the Circuit Court of the County being sued; allowing localities the discretion not to require finger printing for concealed weapons permit applicants on subsequent applications by a permit holder; amending the State Code to clarify the maximum fine a locality may charge for an uncontested parking violation; and granting summons authority to zoning inspectors. Mr. Miller expressed concerns relative to the legislative request to grant summons authority to zoning inspectors and stated that he is not comfortable with the request. Mr. Barber stated that he feels granting summons authority to zoning inspectors would provide the opportunity to streamline the process for correcting zoning violations. Mr. Warren stated that he has had numerous complaints relative to the inefficiency of the process for correcting zoning violations. Mr. McHale stated that he feels the County's zoning inspectors are highly trained, skilled professionals. He further stated that he feels granting summons authority to zoning inspectors would assist the County's communities. Mr. Miller stated that he feels conservative in its approach to authority. the County should be enlarging the summons Ms. Curtin reviewed State Budget Requests including continuation of State funding for the new van service; continuation of House Bill 599 (aid to localities with Police Departments) funding; fully funding staffing standards for Constitutional Officers; and funding Court Services Unit positions. She then reviewed Support Requests including legislative requests of the High Growth Coalition; equal taxing authorities for counties; State returning a portion of income tax revenues to localities; expansion of open space preservation initiatives; State budget requests of Virginia League of Social Services Executives and Community Services Boards; State budget requests of the Henricus Foundation; and Statewide Emergency Management Association proposal for mandatory tornado drills in schools, upgrade of the State Emergency Operations Center, and a statewide ban on open burning. Mr. Miller expressed concerns relative to supporting the Statewide ban on open burning. Ms. Curtin continued to review Support Requests including enforcement of the primary seatbelt law to promote citizen safety; legislation to provide equitable State funding support for existing regional and independent criminal justice training academies; requiring the Compensation Board to fund additional positions for Clerk of Circuit Court offices when new judgeships are created; and the Metro Clerks Association zo/2 /oo 00-684 position eliminating Compensation Board role in the use of technology trust funds and removal of the sunset clause on this statute. Mrs. Humphrey requested that the word "fully" be added to the request for requiring the Compensation Board to fund additional positions for the Clerk of Circuit Court offices when new judgeships are created. Ms. Curtin reviewed the request to support increased State funding for the State Workforce Services program. There was brief discussion relative to the funding for the new van service. Mr. Barber stated that, as the van proposal was developed, he was under the assumption that the funding for the new van service was a new State appropriation. He further stated that the funding for the van service partially came from the Metropolitan Planning Organization (MPO). He stated that he feels the County needs to emphasize that funding of the van service should be a State appropriation rather than a shuffling of funds. Ms. Curtin reviewed Oppose Items including changes to the Uniform Statewide Building Code which limit local authority in zoning ordinances. Mr. Miller requested that this issue be a priority request. Ms. Curtin continued to review Oppose Items including new mandates on local governments; expansion of overtime under the Fair Labor Standards Act; State reductions in police grants; changes to the local grievance procedure; "Meet and Confer" legislation; and proposals to allow the Virginia Department of Transportation (VDOT) to bypass local zoning in the siting of telecommunications towers in VDOT rights of way. Mrs. Humphrey requested that opposing the proposals to allow VDOT to bypass local zoning in the siting of telecommunications towers be added as a priority request. Mr. Warren requested that staff poll each Board member before November 8, 2000 relative to their requests for eliminations, additions and changes in the priority of items in the County's proposed 2001 Legislative Program. 7. DEFERRED ITEMS o STREETLIGHT INSTA/~LATION APPROVAL On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board denied the request for a streetlight installation in the vicinity of 4304 Sacks Lane in the Matoaca District. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-685 zo/2s/oo 8. NEW BUSINESS 8.A. STREETLIGHT INSTALLATION APPROVALS On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved the following streetlight installations: Matoaca District * Willowdale Drive, vicinity of 20705/20707 Cost to install streetlight: $203.01 * Willowdale Drive, vicinity of 20701 Cost to install streetlight: $212.20 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. On motion of Mr. Miller, seconded by Mr. Warren, the Board approved the following streetlight installation: Dale District * Hopkins Road and Inca Drive, Entrance to Indian Springs Cost to install streetlight: $654.17 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. On motion of Mr. McHale, seconded by Mr. Miller, the Board approved the following streetlight installation: Bermuda District Chalkley Road, vicinity of 10841, to light curve near Red Leaf Road Cost to install streetlight: $2,396.30 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B. CONSENT ITEMS 8 .B. 1. ADOPTION OF RESOLUTIONS 8 .B.1 .a. RECOGNIZING MR. GEORGE H. VOLZ, JR., GENERAL SERVICES, UPON HIS RETIREMENT On motion of Mr. Barber, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, Mr. George H. Volz, Jr. will retire on November 1, 2000 after providing twenty years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Volz began his service on August 4, 1980 as a Parts Clerk, in the County Vehicle Maintenance Shop, and was o/25/oo 00-686 promoted to Parts Technician March 29,1995; and WHEREAS, Mr. Volz has seen the County vehicle fleet grow from 100 vehicles to more than 2,000 vehicles; and WHEREAS, Mr. Volz always performed his duties responsibilities in a dependable manner; and and WHEREAS, Mr. Volz always placed the highest priority on the needs of the customer and County employees; and WHEREAS, Mr. Volz is known for his friendly, easy going manner, his sense of humor and ability to work with others in an effective way. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. George H. Volz, Jr. and extends their appreciation for his twenty years of 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.B.l.b. RECOGNIZING JOHNSTON-WILLIS MEDICAL CENTER ON THE OCCASION OF ITS TWENTIETH YEAR IN CHESTERFIELD On motion of Mr. Barber, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, Johnston-Willis Hospital, recognizing the need of Chesterfield County for a hospital within its boundaries, relocated to Chesterfield County in June 1980; and WHEREAS, Johnston-Willis Hospital has promoted its abiding heritage of superlative patient care through numerous initiatives, achieving the distinction of being recognized as one of America's Top 100 Hospitals; and WHEREAS, Johnston-Willis Hospital, now known as Johnston- Willis Medical Center, is a leading and admired corporate citizen of Chesterfield County; and WHEREAS, as a leading corporate citizen, Johnston-Willis has donated funds and resources to many worthwhile local charities; and WHEREAS, Johnston-Willis Medical Center has faithfully administered the health care needs of Chesterfield County's residents; and WHEREAS, Johnston-Willis Medical Center is hosting a community celebration and health fair on the occasion of its twentieth anniversary in Chesterfield County, further demonstrating its commitment to a healthy community. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Johnston-Willis Medical Center and expresses its congratulations and sincere appreciation for twenty years of dedicated service to the citizens of Chesterfield County. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-687 o/2s/oo 8.B.i.c. RECOGNIZING POLICE OFFICER EARL L. ~DICKIE" STEWART, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Barber, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, Officer Earl L. "Dickie" Stewart will retire from the Chesterfield County Police Department on November 1, 2000; and WHEREAS, Officer Stewart has provided over 31 years of quality service to the citizens of Chesterfield County; and WHEREAS, Officer Stewart has faithfully served the County in the capacity of Dispatcher, Patrol Officer, and Investigator; and WHEREAS, Officer Stewart has received numerous letters of thanks and appreciation for the assistance rendered in all types of situations; and WHEREAS, Officer Stewart has provided the Chesterfield County Police Department with many years of loyal and dedicated service, and WHEREAS, Chesterfield County and the Board of Supervisors will miss Officer Stewart's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Officer Earl L. "Dickie" Stewart, and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his 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.B.l.d. ADOPTING THE APPOMATTOX BASIN INDUSTRIAL DEVELOPMENT CORPORATION PARTNERSHIP AGREEMENT WITH CHESTERFIELD COUNTY On motion of Mr. Barber, seconded by Mr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an Appomattox Basin Industrial Development Corporation Partnership Agreement and adopted the following resolution: WHEREAS, the Cities of Colonial Heights, Hopewell and Petersburg, and the Counties of Chesterfield, Dinwiddie, Prince George, Surry and Sussex determined it beneficial for all localities to join together to establish a regional economic development organization; and WHEREAS, the Appomattox Basin Industrial Development Corporation (ABIDCO) was incorporated in 1985 and adopted By- Laws to promote quality economic growth, the creation of quality jobs, and expansion of the tax base for the ultimate purpose of improving the quality of life in the member jurisdictions; and o/25/0o 00-688 WHEREAS, ABIDCO will seek quality companies, market the region's competitive advantages, assist and support member localities in developing strategies and product commensurate with their unique challenges and opportunities, and promote the need for economic growth in the region; and WHEREAS, membership in ABIDCO is governed by the By-Laws adopted by the Board of Directors and subject to Board approval, with each member locality having equal representation on the Board of Directors, and will be elected as provided for in the Articles of Incorporation; and WHEREAS, a formal Partnership Agreement outlining the specific duties of ABIDCO to member jurisdictions has been executed between Chesterfield County and ABIDCO. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby adopts this resolution recognizing its participation in ABIDCO and acceptance of ABIDCO's stated purpose and duties. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.l.e. APPROVING CHANGES IN THE SECONDARY SYSTEM OF STATE HIGh-WAYS; LORI ROAD, GOVERNMENT CENTER PARKWAY, LUCY CORR BOULEVARD AND FRITH LANE On motion of Mr. Barber, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, the sketch filed with the papers of this Board depicts the abandonments and additions required in the secondary system of State highways as a result of the construction of new roads at the Courthouse Complex, which sketch is incorporated herein by reference; and WHEREAS, the new roads serve the same citizens as the portions of old roads identified to be abandoned and those segments no longer serve a public need. NOW, THEREFORE BE IT RESOLVED, that this Board abandons as part of the secondary system of State highways those portions of roads identified as segment A-B, Lori Road, State Route 655, a distance of 0.08 miles and segment C-D, Lucy Corr Court, State Route 4795, a distance of 0.15 miles, all as shown on the sketch to be abandoned, pursuant to Section 33.1-155, Code of Virginia. AND, BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors requests that the Virginia Department of Transportation add to the secondary system of State highways those portions of roads identified as segment E-D, Lucy Corr Boulevard, a distance of 0.40 miles; segment C-H, Lucy Corr Court, a distance of 0.03 miles; and segment F-G, Frith Lane, a distance of 0.11 miles, all as shown on the sketch to be added, pursuant to Section 33.1-229, Code of Virginia. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Commissioner and Resident Engineer for the Virginia Department of Transportation. 00-689 zo/25/oo AND, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Commissioner of the Virginia Department of Transportation certify, in writing, that the portions of Lori Road and Lucy Corr Court hereby abandoned are no longer deemed necessary for uses of the secondary system of State highways pursuant to Section 33.1-154 of the Code of Virginia, 1950, as amended. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Virginia Department of Transportation convey any right of way for the portions of roads hereby abandoned to the County of Chesterfield, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.2. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH MANSFIELD OIL COMPANY TO RECOUP FUEL TAXES FROM PURCHASES MADE FOR CHESTERFIELD COUNTY VEHICLES On motion of Mr. Barber, seconded by Mr. Miller, the Board authorized the County Administrator to execute an agreement with Mansfield Oil Company which will enable Mansfield to recoup State and Federal fuel taxes from purchases made for Chesterfield County vehicles. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.3. SET DATE FOR PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO THE UNIFORM STATEWIDE BUILDING CODE TO INCREASE PENALTIES On motion of Mr. Barber, seconded by Mr. Miller, the Board set the date of November 8, 2000 at 7:00 p.m. for a public hearing to consider an ordinance to amend Section 5-10 of the County Code to increase penalties for violations of the Uniform Statewide Building Code. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.4. AUTHORIZATION FOR CERTIFICATES OF PARTICIPATION FINANCING, APPROPRIATION OF FUNDS, AND OTHER ACTIONS RELATED TO CERTIFICATES OF PARTICIPATION FINANCING AND GENERAL OBLIGATION BOND SALE AND SET PUBLIC HEARING TO CONSIDER GROUND LEASES IN CONNECTION WIT~ THE CERTIFICATES OF PARTICIPATION FINANCING On motion of Mr. Barber, seconded by Mr. Miller, the Board adopted the following resolution which authorizes certificates of participation (COPS) in an amount up to $19,885,000, and provides for compliance with the reimbursement regulations of the Internal Revenue Service; sets a public hearing date for November 8, 2000 at 7:00 p.m. to consider the approval of ground leases in connection with the COPS; and appropriates $400,000 in lease purchase proceeds for the Community Development Information System: o/25/oo 00-690 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE FINANCING ON BEHALF OF THE COUNTY OF VARIOUS CAPITAL IMPROVEMENT PROJECTS THROUGH THE ISSUANCE AND FROM THE PROCEEDS OF NOT TO EXCEED $19,885,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION EVIDENCING UNDIVIDED INTERESTS IN THE RENTAL PAYMENTS TO BE MADE BY THE COUNTY, AS LESSEE, UNDER A LEASE/PURCHASE AGREEMENT, SUCH AUTHORIZATION BEING A REVISION AND REAUTHORIZATION OF THE FINANCING PROVIDED FOR IN A RESOLUTION ADOPTED BY THE BOARD OF SUPERVISORS ON AUGUST 27, 1997; TO APPROVE THE CALLING OF A PUBLIC HEARING WITH RESPECT TO THE LEASING BY THE COUNTY AS LESSOR PURSUANT TO ONE OR MORE GROUND LEASES OF REAL PROPERTY ON WHICH THE PROJECTS TO BE ACQUIRED, CONSTRUCTED, INSTALLED, EQUIPPED AND FURNISHED FROM THE PROCEEDS OF SUCH CERTIFICATES OF PARTICIPATION WILL BE LOCATED; TO APPROVE AN APPROPRIATION FROM THE PROCEEDS OF SUCH CERTIFICATES OF PARTICIPATION OF THE AMOUNT OF $400,000 TO PAY THE COSTS OF THE ACQUISITION AND INSTALLATION OF THE COMMUNITY DEVELOPMENT INFORMATION SYSTEM; TO AUTHORIZE THE REIMBURSEMENT FROM THE PROCEEDS OF SUCH CERTIFICATES OF PARTICIPATION OF EXPENDITURES TO BE MADE BY THE COUNTY IN ADVANCE OF THE ISSUANCE AND RECEIPT OF THE PROCEEDS OF SUCH CERTIFICATES OF PARTICIPATION; AND TO AUTHORIZE THE REIMBURSEMENT FROM THE PROCEEDS OF THE COUNTY'S GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF EXPENDITURES TO BE MADE IN ADVANCE OF THE ISSUANCE AND RECEIPT OF THE PROCEEDS OF SUCH GENERAL OBLIGATION PUBLIC IMPROVEMEUT BONDS BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AS FOLLOWS: SECTION 1. Findings and Determinations. The Board of Supervisors (the "Board of Supervisors") of the County of Chesterfield, Virginia (the "County") hereby finds and determines as follows: (a) On August 27, 1997, the Board of Supervisors adopted a resolution, entitled "RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, TO APPROVE THE FINANCING OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF A NEW JUVENILE COURTS BUILDING AND A NEW COMMUNITY DEVELOPMENT BUILDING AND THE EXPANSION OF THE JUVENILE DETENTION CENTER, RENOVATION OF THE EXISTING JUVENILE COURTS BUILDING AND THE INFORMATION SYSTEMS TECHNOLOGY BUILDING, THROUGH THE ISSUANCE AND FROM THE PROCEEDS OF NOT TO EXCEED $26,800,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION EVIDENCING UNDIVIDED INTERESTS IN THE RENTAL PAYMENTS TO BE MADE BY THE COUNTY, AS LESSEE, UNDER A REAL PROPERTY LEASE/PURCHASE AGREEMENT, TO AUTHORIZE THE REIMBURSEMENT FROM THE PROCEEDS OF SUCH CERTIFICATES OF PARTICIPATION OF EXPENDITURES TO BE MADE BY THE COUNTY IN ADVANCE OF THE ISSUANCE AND RECEIPT OF THE PROCEEDS OF SUCH CERTIFICATES OF PARTICIPATION, TO AUTHORIZE APPROPRIATIONS TO PAY COSTS OF ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF THE JUVENILE COURTS BUILDING AND COSTS OF ISSUANCE OF THE CERTIFICATES OF PARTICIPATION AND TO APPROVE THE TRANSFER OF A PORTION OF THE APPROPRIATION FROM GENERAL FUND MONEYS FROM THE JUVENILE DETENTION HOME PROJECT TO THE JUVENILE COURTS BUILDING PROJECT" (the "August 27, 1997 Resolution"). (b) The August 27, 1997 Resolution approved the financing on behalf of the County of (i) the acquisition, construction, installation, financing and equipping of a new Juvenile Courts Building; (ii) the expansion of the existing Juvenile Detention 00-691 o/2s/oo Center and the renovation of the existing Juvenile Courts Building; (iii) the acquisition, construction, installation, furnishing and equipping of a new Community Development Building; and (iv) the expansion of the existing Information Systems Technology Building, through the issuance and from the proceeds of an issue of not to exceed $26,800,000 principal amount of Certificates of Participation. (c) Of such Certificates of Participation proposed to be issued to provide funds to finance the costs of the Projects listed in subsection (b), it was contemplated that (i) the proceeds of $16,100,000 principal amount of such Certificates of Participation would be allocated to the acquisition, construction, installation, furnishing and equipping of the new Juvenile Courts Building; (ii) the proceeds of $4,000,000 principal amount of such Certificates of Participation would be allocated to the expansion of the existing Juvenile Detention Center and the renovation of the existing Juvenile Courts Building; and (iii) the proceeds of $6,700,000 principal amount of such Certificates of Participation would be allocated to the acquisition, construction, installation, furnishing and equipping of the new Community Development Building and the expansion of the existing Information Systems Technology Building. (d) Subsequent to the adoption of the August 27, 1997 Resolution, the acquisition, construction, installation, furnishing and equipping of the Juvenile Courts Building was financed from the proceeds of $16,100,000 principal amount of Public Facility Lease Revenue Bonds, Series 1999 (Chesterfield County Juvenile Courts Project), dated April 1, 1999, which were issued by the Industrial Development Authority of the County of Chesterfield on April 22, 1999. (e) The Board of Supervisors has determined (i) to revise and reauthorize projects to be financed through the issuance and from the proceeds of Certificates of Participation as provided for in the August 27, 1997 Resolution; (ii) to approve the calling of a public hearing with respect to the approval of the leasing by the County as lessor pursuant to one or more ground leases of the real property on which the Projects (as defined in Section 2 hereof) to be acquired, constructed, installed, furnished and equipped from the proceeds of the Certificates of Participation will be located; (iii) to approve the appropriation of the amount of $400,000 of the proceeds of the Certificates of Participation to pay the costs of the acquisition and installation of the Community Development Information System referred to in clause (v) of Section 2 hereof; and (iv) to authorize the County to make expenditures on the Projects in advance of the issuance and receipt of the proceeds of the Certificates of Participation and to reimburse such expenditures from the proceeds of the Certificates of Participation in accordance with Section 1.150-2 of the Treasury Regulations (the "Reimbursement Regulations") promulgated by the Internal Revenue Service under Section 103 of the Internal Revenue Code of 1986. (f) On November 5, 1996, the voters of the County approved the issuance of $228,374,000 principal amount of General Obligation Public Improvement Bonds for various public improvement projects of and for the County, of which $144,735,000 principal amount have heretofore been issued by the County and of which $83,639,000 principal amount are authorized but unissued. In anticipation of the issuance and lO/2S/O0 00-~92 receipt of the proceeds of such $83,639,000 principal amount of authorized but unissued General Obligation Public Improvement Bonds of the County, the Board of Supervisors has determined to authorize the County to make expenditures on the public improvement projects for which such General Obligation Public Improvement Bonds are to be issued in advance of the issuance and receipt of the proceeds of such General Obligation Public Improvement Bonds and to reimburse such expenditures from the proceeds of such General Obligation Public Improvement Bonds in accordance with the Reimbursement Regulations. SECTION 2. Revision and Reauthorization of Projects to Be Financed Through the Issuance and From the Proceeds of Certificates of Participation. The Board of Supervisors hereby approves the financing on behalf of the County through the issuance and from the proceeds of an issue of not to exceed $19,885,000 principal amount of Certificates of Participation of: (i) the acquisition, construction, installation, furnishing and equipping of the expansion and renovation of the existing Juvenile Detention Home and the renovation of the existing Juvenile Courts Building; (ii) the acquisition, construction, installation, furnishing and equipping of the expansion and renovation of the existing Information Systems Technology Building; (iii) the acquisition, furnishing and equipping of Chesterfield County Airport; construction, installation, a new Airport Hangar at the (iv) the acquisition and installation of a new Financial/ Human Resource System for the County; and (v) the acquisition and installation of a Community Development Information System (collectively, the "Projects"). The Certificates of Participation will represent undivided interests in the rental payments to be made by the County, as lessee, under one or more Lease Purchase Agreements pursuant to which the County, as lessee, will lease the Project. The rental payments to be made by the County under the Lease Purchase Agreement will be subject to appropriation by the Board of Supervisors. This Section 2 revises and reauthorizes the authorizations set forth in Section 1 of the August 27, 1997 Resolution. SECTION 3. Approval of Calling of Public Hearing with Respect to Approval of Leasing of Real Property by County as Lessor in Connection with Projects to Be Financed From Proceeds of Certificates of Participation. The Board of Supervisors hereby approves the calling of a public hearing to be conducted by the Board of Supervisors on November 8, 2000 with respect to the leasing by the County as lessor pursuant to one or more ground leases of the real property on which one or more of the Projects to be acquired, constructed, installed, equipped and furnished from the proceeds of the Certificates of Participation will be located. SECTION 4. Approval of Appropriation of Proceeds of Certificates of Participation for Information System for Community Development Department. The Board of Supervisors hereby approves the appropriation by the County of the amount 00-693 o/ 5/oo of $400,000 to pay the costs of the acquisition and installation of the Community Development Information System referred to in clause (v) of Section 2 of this resolution. SECTION 5. Authorization of Reimbursement of Expenditures in Advance of Issuance and Receipt of Proceeds of Certificates of Participation. The Board of Supervisors hereby authorizes the County to make expenditures on the Projects in advance of the issuance and receipt of the proceeds of the Certificates of Participation and to reimburse such expenditures from the proceeds of the Certificates of Participation. The adoption of this resolution shall be considered as an "official intent" within the meaning of Section 1.150-2 of the Treasury Regulations promulgated by the Internal Revenue Service under Section 103 of the Internal Revenue Code of 1986. SECTION 6. Authorization of Reimbursement of Expenditures in Advance of Receipt of Proceeds of General Obligation Public Improvement Bonds. In anticipation of the issuance by the County of the $83,639,000 principal amount of General Obligation Public Improvement Bonds approved by the voters of the County at an election held in the County on November 5, 1996, of which $63,699,000 are for school capital improvement projects, $16,470,000 are for public safety improvement projects and $3,470,000 are for park and recreation improvement projects, the Board of Supervisors hereby authorizes the County to make expenditures in such projects in advance of the issuance and receipt of the proceeds of such General Obligation Public Improvement Bonds. The adoption of this resolution shall be considered an "official intent" within the meaning of Section 1.150-2 of the Treasury Regulations promulgated by the Internal Revenue Services under Section 103 of the Internal Revenue of Code of 1986. SECTION 7. Effectiveness of Resolution. shall take effect upon its adoption. This resolution And, further, the Board set the date of November 8, 2000 at 7:00 p.m. for a public hearing to consider the approval of ground leases in connection with the certificates of participation, and appropriated $400,000 in lease purchase proceeds for the Community Information System. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.5. APPROVAL OF CONSTRUCTION CONTRACT WITH VIKING ENTERPRISE, INCORPORATED FOR THE ADDITION AND ALTERATIONS OF THE EXISTING INFORMATION SYSTEMS TECHNOLOGY BUILDING On motion of Mr. Barber, seconded by Mr. Miller, the Board authorized the County Administrator to execute a construction contract with Viking Enterprise, Incorporated, in the amount of $2,228,200, for the addition and alterations of the existing Information Systems Technology (IST) building. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-694 8.B.6. APPROVAL OF CHANGE ORDER TO MOTOROLA, INCORPORATED CONTRACT DUE TO MODIFICATION OF THE QUANTITY OF RADIO EQUIPMENT On motion of Mr. Barber, seconded by Mr. Miller, the Board authorized the County Administrator to approve a change order, in the amount of $70,216, to the contract with Motorola, Incorporated due to modification of the quantity of radio equipment. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.7. STATE ROAD ACCEPTANCE On motion of Mr. Barber, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chan.qe to the Secondary System of State Hi.qhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 ProJect: Banwell & a portion of Malboro · Hedges Court, State Route Number: 4492 From: Hedges Rd., (Rt. 4491) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 11/9/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 79, with a width of 40 Ft. · Hedges Road, State Route Number: 4491 From: Lancers BI., (Rt. 2147) To: Hedges Ct., (Rt. 4492), a distance of: 0.09 miles. Right-of-way record for 0.06 Mi. was filed on 11/9/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 79, with a width of 40 Ft. Right-of-way record for 0.03 Mi. was filed on 10/17/1961 with the Office Of Clerk To Circuit Court in Pb. 12; Pg. 62, with a width of 50 Ft. ¢o/25/oo 00-695 · Hedges Road, State Route Number: 4491 From: Hedges Ct., (Rt. 4492) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 11/9/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 79, with a width of 40 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 state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chan.qe to the Secondary System of State Hi.qhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Birkdale, Section 11 · Ashborne Hollow Circle, State Route Number: 5107 From: Royal Birkdale Dr., (Rt. 5021) To: Royal Birkdale Dr., (Rt. 5021), a distance of: 0.10 miles. Right-of-way record was filed on 4/6/1999 with the Office Of Clerk To Circuit Court in Pb. 104; Pg. 29, with a width of 40 Ft. · Emerald Dunes Circle, State Route Number: 5106 From: Royal Birkdale Dr., (Rt 5021) To: Royal Birkdale Dr., (Rt. 5021), a distance of: 0.15 miles. Right-of-way record was filed on 4/6/1999 with the Office Of Clerk To Circuit Court in Pb. 104; Pg. 29, with a width of 40 Ft. · Royal Birkdale Boulevard, State Route Number: 5105 From: Royal Birkdale Dr., (Rt 5021) To: N. Spring Run Rd., (Rt. 562), a distance of: 0.10 miles. Right-of-way record was filed on 6/24/1997 with the Office Of Clerk To Circuit Court in Db. 3070; Pg. 175, with a width of 40-60 Ft. · From: Royal Birkdale Drive, State Route Number: 5021 Emerald Dunes Cr, (Rt. 5106) 00-696 To: Royal Birkdale BI., (Rt. 5105), a distance of: 0.05 miles. Right-of-way record was filed on 6/24/1997 with the Office Of Clerk To Circuit Court in Db. 3070; Pg. 175, with a width of 50 Ft. · Royal Birkdale Drive, State Route Number: 5021 From: Emerald Dunes Cr., (Rt. 5106) To: Emerald Dunes Cr., (Rt. 5106), a distance of: 0.08 miles. Right-of-way record was filed on 6/24/1997 with the Office Of Clerk To Circuit Court in Db. 3070; Pg. 175, with a width of 50 Ft. · Royal Birkdale Drive, State Route Number: 5021 From: Ashborne Hollow Cr., (Rt. 5107) To: Emerald Dunes Cr., (Rt. 5106), a distance of: 0.04 miles. Right-of-way record was filed on 6/24/1997 with the Office Of Clerk To Circuit Court in Db. 3070; Pg. 175, with a width of 50 Ft. · Royal Birkdale Drive, State Route Number: 5021 From: Ashborne Hollow Cr., (Rt. 5107) To: Ashborne Hollow Cr., Rt. 5107), a distance of: 0.08 miles. Right-of-way record was filed on 6/24/1997 with the Office Of Clerk To Circuit Court in Db. 3070; Pg. 175, with a width of 50 Ft. · Royal Birkdale Drive, State Route Number: 5021 From: .03 Miles East of Seabrook Ct., (Rt. 5087) To: Ashborne Hollow Cr., (Rt. 5107), a distance of: 0.04 miles. Right-of-way record was filed on 6/24/1997 with the Office Of Clerk To Circuit Court in Db. 3070; Pg. 175, with a width of 50 Ft. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.8. APPROVAL OF WASTEWATER CONTRACT WITH THE CITY OF RI CHMOND On motion of Mr. Barber, seconded by Mr. Miller, the Board authorized the County Administrator to execute a wastewater contract with the City of Richmond for treatment of wastewater from each other's jurisdiction. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.9. ACCEPTANCE OF A PARCEL OF LAND ALONG THE EAST LINE OF CHARTER COLONY PARKWAY FROM REYNOLDS REAL ESTATE VENTURES L. L. C. On motion of Mr. Barber, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing 3.571 acres along the east line of Charter Colony Parkway (State Route 950) from Reynolds Real Estate Ventures L.L.C., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-697 o/25/oo 8 .B. 10 . REQUESTS FOR PERMISSION 8.B.10.b. FROM VERIZON-VIRGINIA, INCORPORATED TO INSTALL UNDERGROUND CABLE ON COUNTY PROPERTY TO SERVE HENRICUS PARK On motion of Mr. Barber, seconded by Mr. Miller, the Board approved a request from Verizon-Virginia, Incorporated to install underground cable on County property to serve Henricus Park, 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.B.10.c. FROM THOMAS G. HORN AND BARBARA W. HORN TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON KERWIN ROAD On motion of Mr. Barber, seconded by Mr. Miller, the Board approved a request from Thomas G. Horn and Barbara W. Horn to install a private water service within a private easement to serve property at 9725 Kerwin 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.B.11. APPROPRIATION OF GOVERNOR'S OPPORTUNITY FUND GRANT AND TRANSFER OF MATCHING FUNDS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR AN INDUCEMENT GRANT TO ALGROUP LAWSON MARDON, INCORPORATED On motion of Mr. Barber, seconded by Mr. Miller, the Board appropriated $450,000 from the Governor's Opportunity Fund Grant to the Industrial Development Authority and authorized the transfer of $450,000 of County funds previously appropriated for economic development purposes to the Industrial Development Authority as matching funds (for a total of $900,000) to offer an economic development incentive grant to Algroup Lawson Mardon, Incorporated. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. The following item was removed from the Consent Agenda for Board discussion: 8.B.10.a. FROM DAVID K. GRUBB AND TERRIE K. GRUBB FOR AN EXISTING GRAVEL DRIVEWAY TO ENCROACH WITHIN A TWENTY FOOT DRAINAGE EASEMENT ACROSS LOT 1, BLOCE D, DEERFIELD ESTATES, SECTION A AND ACROSS A FIFTY FOOT UNIMPROVED RIGHT OF WAY KNOWN AS SPRINGBOK ROAD After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved a request from David K. Grubb and Terrie K. Grubb to have an existing gravel driveway encroach within a twenty foot drainage easement across Lot 1, o/25/oo 00-698 Block D, Deerfield Estates, Section A and a fifty foot unimproved right of way known as Springbok Road, 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. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the following reports: A report on Developer and Water 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 WOODLAND POND PARKWAY - NASH ROAD CONNECTION (Effective 9/25/2000) Woodland Pond Parkway (Route 3670) - From Existing Woodland Pond Parkway (Route 3670) to Nash Road (Route 656) 0.25 Mi WOODLAND POND, SECTION 11 (Effective 9/25/2000) Laurel Cove Court (Route 4439) - From Laurel Cove Lane (Route 4438) to Cul-de-sac 0.07 Mi Laurel Cove Lane (Route 4438) - From Laurel Cove Court (Route 4439) to Cul-de-sac 0.13 Mi Laurel Cove Lane (Route 4438) - From Woodland Pond Parkway (Route 3670) to Laurel Cove Court (Route 4439) 0.11 Mi Shorecrest Lane (Route 4437) - From Woodland Pond Parkway (Route 3670) to Cul-de-sac 0.22 Mi Woodland Pond Parkway (Route 3670) - From Shorecrest Lane (Route 4437) to Laurel Cove Lane (Route 4438) 0.11 Mi Woodland Pond Parkway Route 3670) - From Existing Woodland Pond Parkway (Route 3670) at Avocet Drive to Shorecrest Lane (Route 4437) 0.08 Mi Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-699 zo/ s/oo Mrs. Humphrey stated that she attended a meeting of Boy Scout Troop 829, sponsored by Saint Matthias' Episcopal Church on October 23, 2000, and noted that she was wearing their colors this evening. She congratulated the members of Troop 829 on their successful community service efforts. 11. DINNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502 for dinner. Reconvening: 12. INVOCATION Reverend Jerome Hancock, Pastor of Southside Church of the Nazarene, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Jason Mark Mattis led the Pledge of Allegiance to the Flag of the United States of America. 14. o RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING MR. JASON MAPJ{MATTIS UPON ATTAINING RANK OF EAGLE SCOUT Mr. Hammer introduced Mr. Jason Mattis who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Jason Mark Mattis, Troop 880, sponsored by Beulah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Jason is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. 10/25/00 00-700 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Jason Mark Mattis and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Mattis, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Mattis expressed appreciation to the Board for the recognition and also to his family, Scoutmaster and members of his troop for their support. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 00SN0147 (Amended} In Matoaca Magisterial District, ARCON DEVELOPMENT LLC requested rezoning and amendment of zoning district map from Agricultural (A) to Residential Townhouse (R-TH) with Conditional Use Planned Development to permit use, bulk and development standards exceptions. Residential use of up to 8 units per acre is permitted in a Residential Townhouse (R-TH) District. The Comprehensive Plan suggests the property is appropriate for community mixed use with residential densities of 8 to 14 units per acre and for single family residential use of 2.2 units per acre or less. This request lies on 30.4 acres fronting approximately 1,350 feet on the west line of North Spring Run Road, also fronting approximately 1,500 feet on the north line of McEnnally Road and located in the northwest quadrant of the intersection of these roads. Tax ID 724-670- 5538 (Sheet 15). Mr. Jacobson stated that the applicant has requested to withdraw Case 00SN0147 from consideration. There was no opposition to the withdrawal present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board acknowledged withdrawal of Case 00SN0147. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 01SN0124 In Matoaca Magisterial District, VIRGINIA STATE UNIVERSITY ATHLETIC BOOSTER CLUB requested a Mobile Home Permit and amendment of zoning district map to park a mobile home in a 00-701 o/2s/oo Residential {R-7) District· The density of this proposal is approximately 1.11 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This property is known as 20911 Third Avenue. Tax ID 796-612-8206 (Sheet 45). Mr. Jacobson presented a summary of Case 01SN0124 and stated that staff recommends approval for three years, subject to conditions. There was brief discussion relative to the proposed use of the mobile home. Mr. Richard Booker, representing the applicant, stated that the purpose of the Athletic Booster Club is to enhance Virginia State University with a special emphasis on athletics. He further stated that the mobile home will be used for a meeting place and indicated that staff's recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board approved Case 01SN0124 for three (3) years from the date of approval, subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than twenty (20) feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water available, they shall be used. and/or sewer are Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the office of Building Inspections. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. o No more than three (3) meetings per year shall be held in the facility with no more than twenty-five (25) members at each meeting. o The property shall not be rented or leased to any other organization. 00-702 zo/25/oo 10. A permanent caretaker shall reside on the premises. 11. Members from out of town may stay over night. 12. The applicant shall abide by the Conditions of the Board of Zoning Appeals meeting of October 6, 1999. 13. The structure shall be the same as depicted in the staff report. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0261 In Midlothian Magisterial District, CARDIOLOGY OF VIRGINIA, INC. requested amendment to Conditional Use Planned Development (Case 80S059) and amendment of zoning district map to permit office uses and modifications to approved master plan and buffer requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. This request lies in a Residential Townhouse (R-TH) District on 0.7 acre fronting 100 feet on the north line of Early Settlers Road, approximately 490 feet southwest of Red Lion Place. Tax ID 745-711-8053 (Sheet 6). Mr. Jacobson presented a summary of Case 00SN0261 and stated that the Planning Commission and staff recommend approval subject to one condition. Mr. Mark Johns, representing the applicant, stated that the recommendation is acceptable. No one was present to speak to the Case. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 00SN0261 subject to the following condition: The Textual Statement dated May 15, 2000, and amended August 30, 2000, shall be in addition to the Textual Statement and Master Plan of Case 80S059, as amended. (P) (NOTE: Except as modified by the Textual Statement dated May 15, 2000, and amended August 30, 2000, all other conditions of approval for Case 80S059 remain in effect with approval of this request.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0280 In Matoaca Magisterial District, SWIFT CREEK ASSOCIATES, L.P. requested amendment to Conditional Use Planned Development (Case 87S134) and amendment of zoning district map relative to Textual Statement, tract designations, Master Plan, uses, internal road network and required conditions. The density of such amendment will be controlled by ~zoning conditions or Ordinance standards. The Comprehensive Plan suggests the 00-703 property is appropriate for regional mixed use. This request lies on 184.4 acres fronting approximately 2,000 feet on the south line of Hull Street Road and lying approximately 850 feet off the west line of Commonwealth Centre Parkway. Tax IDs 732- 675-1814 and 9039, 733-676-1907 and 734-675-8374 (Sheet 16). Mr. Jacobson presented a summary of Case 00SN0280 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of proffered conditions. He further stated that the request incorporates several of the elements from the recent design study for the Route 360 Corridor. There was brief discussion relative to the design elements of the 360 Corridor Plan that are included in the proposed request. Mr. John Easter, representing the applicant, stated that the recommendation is acceptable. No one was present to speak to the Case. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 00SN0280 subject to the following condition: The Textual Statement received September 7, 2000, and the plan prepared by Joseph Cox Associates, Inc., dated July 2000 entitled "Zoning Map Swift Creek Tract" shall be considered the Master Plan. (P) (NOTE: This condition amends Condition 1 of Case 87S134 for the subject property.) (NOTE: Ail other conditions of Case 87S134 remain in effect, except as modified by this request.) And, further, conditions: the Board accepted the following proffered (STAFF NOTE: THESE PROFFERED CONDITIONS ARE IN ADDITION TO THE PROFFERED CONDITIONS ACCEPTED FOR CASE 87S134.) o Limit on Residential Units. The total number of residential dwelling units on the Property shall not exceed 790; provided the overall density of the total area devoted to multi-family uses shall not exceed ten (10) dwelling units per acre. (P) 10. Pedestrian Walkways. Unless otherwise approved by the Planning Department at time of site plan review, the following pedestrian walkways shall be provided. Construction of these walkways may be phased, but such phasing, as well as the exact location and treatment of these pedestrian walkways, shall be approved by the Planning Department at the time of Site Plan review: a o Within Tracts GC-1 and O/S, a pedestrian walkway that is generally oriented perpendicular to Route 360 and separates buildings within each tract into two groups, one generally east of the walkway and one west of the walkway. The walkway shall provide a continuous connection from the rear of any 10/25/00 00-704 11. 12. outparcel buildings in Tract GC-1, Tract O/S to the South Loop Road; through Within Tract GC-1, a pedestrian walkway that is generally oriented parallel to Route 360 and is generally located south of any outparcels within the Tract. Such walkway shall be connected to the walkway specified in subparagraph (a) above; A pedestrian walkway on the south side of the South Loop Road; provided that, if trees a minimum caliper of eight (8) inches are retained within the setback along the south side of the South Loop Road in accordance with Ordinance requirements, the pathway may meander through such trees, and, that if such trees are removed, they shall be replaced with street trees on both sides of the South Loop Road and a pedestrian walkway along the south side of the South Loop Road. If street trees are provided, the exact location, spacing, species and size shall be approved by the Planning Department at the time of Site Plan review; and Within Tract R/O-2, a pedestrian walkway providing access from the Tract to Tax ID 735- 676-3163 (commonly known as Commonwealth Center II) shall be constructed at the time Tract R/O- 2 is developed. (P) Tree-Save Area and Setback Along Route 360. A seventy-five (75) foot setback shall be maintained from an ultimate 200 foot right of way of Route 360. Except as provided herein, any grading or clearing of trees with a caliper of eight (8) inches or greater within this setback shall be performed in such a manner as to maintain a minimum width of fifty (50) feet of "trees" (tree save area) along the Route 360 frontage. At the time of site plan review, measures may be required to insure that the fifty (50) foot "trees" save area is maintained. Such measures may include, but not necessarily be limited to, installation of landscape material, increased setbacks from Route 360 or construction of retaining walls. Clearing and grading may occur to accommodate access to Route 360. Further, at the primary entrance, additional clearing and grading may be approved subject to the provision of a special entrance design feature, such as landscape or monumental features. The exact nature and location of this feature shall be approved by the Planning Department at the time of site plan review. (P) Public Gathering Area. Within Tract GC-1, a 20,000 square foot area shall be provided for public and semi-public uses, such as area civic association events, special commercial events, and cultural activities, and that such area shall be designed so that, upon full development of the retail portion of the property, retail activities will adjoin, front on, or be adjacent to at least two (2) sides of the ¢o/25/oo 00-705 13. 14. public gathering area. Construction of this facility may be phased provided the ultimate design meets the requirements stated herein. The exact location and design of this area shall be approved by the Planning Department at the time of Site Plan review. The requirements stated herein may be modified by the Planning Commission at time of site plan review provided the alternative design meets the spirit and intent of this condition. (P) Pedestrian Trail. Within Tracts R/O-i, R/O-3, R/O-4 and R/O-5, a pedestrian trail having a width of four (4) feet shall be constructed generally along the entire length of Swift Creek and, in the general vicinity of the boundary between Tract R/O-1 and Tract GC-3, and shall be connected to the Pedestrian System in Proffered Condition 10(c). Construction of such trail may be phased in accordance with a phasing plan approved by the Planning Department at the time of site plan review. At the option of the applicant, a wider trail may be provided. Maintenance of the pedestrian trails shall be the responsibility of the owner(s) of the property on which such trail is located. Upon request of the County, an easement or property dedication of a width necessary to accommodate construction of a four (4) foot wide pedestrian trail leading north from the pedestrian trail described above to the northern property line in the vicinity of the Route 360 bridge over Swift Creek shall be dedicated to and for Chesterfield County free and unrestricted. (m} Timbering. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed in accordance with The Forestry Best Management Practices for Water Quality in Virginia. (EE) 15. Storm Water Manaqement Facilities or BMP's. Any 16. open basins required for water quantity or quality control that are visible from public roads or from residences shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed on the property. At the time of site plan review, a plan depicting this requirement shall be submitted to the Planning and Environmental Engineering Departments for review and approval. (EE & P) Loading Areas. Within Tracts GC-1 and O/S, buildings shall be positioned so that loading areas are internally focused, with the buildings screening the loading areas from surrounding areas; provided that openings shall be permitted to accommodate vehicular traffic and permitted pedestrian traffic and that design measures are employed to minimize the view through such openings. (P) zo/2s/oo 00-706 17. Lighting. Within Tracts GC-1, GC-2, and GC-3, the maximum height of poles for outdoor lighting shall be thirty (30) feet. Within the O/S Tract, poles for outdoor lighting shall be limited to a maximum height of twenty five (25) feet. (P) 18. Site Clearing and Landscaping. Any required perimeter landscaping within the setback along a public road shall be installed within eight (8) months of clearing an area; provided, however, that if there is an active building permit and active construction within four hundred (400) feet of such road, the perimeter landscaping for such site shall be installed prior to the issuance of a final occupancy permit. (P) 19. Notification of Site Plan. The Owner/Developer shall be responsible for notifying, in writing, of the submission of site plans to the following: the last known president or representative on file with the County Planning Department for the Brandermill Community Association; and the owner of record of Tax ID 733-673-8753. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the plan. The Owner/Developer shall provide a copy of the notification letter to the Planning Department. In addition, at least thirty (30) days prior to approval or disapproval of the plan, the Owner/Developer shall meet with the aforementioned representative of the Brandermill Community Association relative to site and architectural plans. The Owner/Developer shall provide certification confirming that such meeting was held in compliance with this condition to the Planning Department. 20. Signage. Ail freestanding business identification signs on outparcels shall be monument-style signs. 21. Severance. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. OlSNOiO1 In Matoaca Magisterial District, DONNA S. SNYDER/GERALD B. SNYDER requested Conditional Use and amendment of zoning district map to operate a family day care home. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units per acre or less. This request lies in a Residential Townhouse (R- TH) District on 0.4 acre and is known as 15206 Fern Hollow Court. Tax ID 718-668-4264 (Sheet 15). Mr. Jacobson presented a summary of Case 01SN0101 and stated that the Planning Commission and staff recommend approval subject to conditions. zo/ 5/oo 00-707 Mr. Gerald Synder and Mrs. Donna Snyder stated that the recommendation is acceptable. No one was present to speak to the Case· On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 01SN0101 subject to the following conditions: This Conditional Use shall be granted to and for Donna S. Snyder and Gerald B. Snyder, exclusively, and shall not be transferable nor run with the land. {m} The number of children permitted at any one time shall not exceed twelve 12) excluding children who are related by adoption, blood or marriage to the applicants. (P) There shall be no additions or alterations to the existing structure to accommodate this use. (P) There shall be no signs permitted to identify this use. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 01SN0110 In Clover Hill Magisterial District, READY MIXED CONCRETE COMPANY requested amendment to Conditional Use and Conditional Use Planned Development (Case 97SN0229) and amendment of zoning district map relative to paving. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies in Agricultural (A) and Light Industrial (I-l) Districts on 3.6 acres lying in two (2) places approximately 1,~50 feet off the west line of Warbro Road, approximately 100 feet north of Deerhill Road. Tax IDs 735-683-Part of 0636 and 735-684-Part of 7967 (Sheets 10 and 16). Mr. Jacobson presented a summary of Case 01SN0110 and stated that the Planning Commission and staff recommend approval subject to one condition. Mr. Andy Scherzer, representing the applicant, stated that the recommendation is acceptable. No one was present to speak to the Case. On motion of Mr. Warren, seconded by Mr. Miller, the Board approved Case 01SN0110 subject to the following condition: With the approval of this request, an exception to the paving requirement for driveways and parking areas shall be granted. Ail driveways and parking areas shall have a minimum surface of six (6) inches of No. 21 or No. 2lA stone. (P) (Note: Except as modified herein, Condition 3 for Case 97SN0229 remains in effect. Ail other conditions of approval for Case 97SN0229 remain in effect with approval of this request.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-708 OiSNOlll In Matoaca Magisterial District, HAMPTON L.L.C. requested rezoning and amendment of from Agricultural (A) to Residential (R-12) proffered conditions on adjacent zoned Res Community Business (C-3) tracts. Residentia~ units per acre is permitted in a Residentia. The density of such amendment will be con PA/~K ASSOCIATES, oning district map of 60.8 acres plus .dential (R-9) and District. trolled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor, community mixed use and residential use of_' .0 units per acre or less. This request lies on 234.0 acres f'onting in two (2) places for a total of approximately 1,050 feet on the south line of Hull Street Road, approximately 90 feet on the west line of Otterdale Road and is located in the southwest quadrant of the intersection of these roads. Tax IDs 711-667-4145, 712- 667-5097, 712-668-3511, 713-666-Part of 62 ~, 714-663-Part of 6385 and 714-669-Part of 1640 (Sheets 15 al~d 23). Mr. Jacobson presented a summary of Case 0 .SN0111 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He further stated that the request conforms to the Upper Swift Cre,~k Plan. Mr. John Cogbill, representing the applican-~, stated that the recommendation is acceptable. No one was present to speak to the Case. Mrs. Humphrey expressed concerns relative o the language of Proffered Condition 3 and requested that th word "Parcel" be replaced by "Tract." Mr. Cogbill stated that he concurs with tk language change suggested by Mrs. Humphrey. Mr. Micas stated that language of vo_untary proffered conditions cannot be changed after commence aent of the public hearing. He further stated that the Board minutes can reflect that the intent of Proffered Condition 3 is "Tract ~' rather than "Parcel A." On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 01SN0111 and accepted the f¢ conditions, with the intent of Proffered "Tract ~' rather than "Parcel A": Exhibit A - The plan titled "Zoning Plan" 2000, prepared by McGuire Woods LLP deline Tract B. For Tract B, noted as the 60.8-acre parcel 1. Utilities. a. Public water and wastewater used. b. The Developer shall exten. wastewater trunk to the west of Tract B. 00-709 ,llowing proffered 2ondition 3 being dated August 22, ating Tract A and )n Exhibit A. systems shall be the Dry Creek ern property line zo/2s/oo C · The Developer shall make a payment of $12,160 (based on $200 per acre) to the County toward the expansion of the Dry Creek Wastewater Pumping Station. This payment shall be made prior to the issuance of the first building permit for development on Tract B. do The required overall water and wastewater plan for Hampton Park shall be amended to include Tract B and submitted for re-approval to the Utilities Department Development Section. (U) o Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) For Tracts A and B as shown on Exhibit A. o Density. The total number of single family dwelling units on Tract B shall not exceed an overall density of two (2) dwelling units per acre. The total number of residential units (inclusive of single family, multi-family, or other type residential unit) on Parcel A shall not exceed 385 units. (P) (STAFF NOTE: It is noted the intent of Proffered Condition 3 is "Tract ~' rather than "Parcel A.") o Cash Proffer. For each dwelling unit developed in excess of 385 units, the Developer, applicant, subdivider, or assignee(s) shall pay $7800.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2001. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $7800.00 per unit and shall be adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2000 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2001. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees in a manner as determined by the County. (B) Severability. The unenforceability, illegality, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. zo/25/oo 00-710 01SN0114 In Bermuda Magisterial District, DR. DOUGLAS requested rezoning and amendment of zoning Agricultural (A) to Community Business (C-3 such amendment will be controlled by zon Ordinance standards. The Comprehensive property is appropriate for general comm~ request lies on 4.0 acres fronting approxi~ the east line of Briggs Road, approximatel~ Weir Road. Tax ID 800-653-0431 (Sheet 26)' Mr. Jacobson presented a summary of Case 01 that the Planning Commission and staff recc acceptance of one proffered condition. He f the request conforms to the Central Area P1 Mr. Jeff Collins, representing the applican recommendation is acceptable. No one was present to speak to the Case. On motion of Mr. McHale, seconded by Mr. approved Case 01SN0114 and accepted the fc condition: The public water system shall be used. (U) Ayes: Warren, Humphrey, Barber, McHale and Nays: None. There was brief discussion relative to hea zoning case prior to holding the public hea Mr. Warren determined that Case 00SN0279 wo to the public hearing. 00SN0279 In Bermuda Magisterial District, DAVID rezoning and amendment of zoning district mi (R-7) to Agricultural (A) with Conditional U~ sales of materials such as mulch, topsoi Conditional Use Planned Development to allo' The density of such amendment will be con conditions or Ordinance standards. The suggests the property is appropriate for 1.01 to 2.5 units per acre. This request fronting approximately 215 feet on the eas Road, approximately 550 feet north of Wood 789-658-Part of 2287 (Sheet 26). Mr. Jacobson presented a summary of Case 0 that staff recommended denial because the conform to the Chester Village Plan which sue_ is appropriate for residential use, but note¢ has existed in its present location for s stated that the Planning Co~nission negot conditions on the property and have rec subject to conditions and acceptance condition. 00-711 E. BECKWITH, M. D. district map from The density of _ng conditions or ?lan suggests the ~rcial use. This ~ately 320 feet on 40 feet north of SN0114 and stated umend approval and urther stated that , stated that the garren, the Board llowing proffered ~iller. ring the remaining ting. ~ld be heard prior CALL requested from Residential .e to permit retail and sand and a bulk exceptions. rolled by zoning iomprehensive Plan esidential use of lies on 1.0 acre t line of Chester Dale Road. Tax ID SN0279 and stated request does not gests the property that the business ~veral years. He .ated a number of ommended approval f one proffered lO/2S/oo Mr. David Call stated that recommendation is acceptable. the Planning Commission' s No one was present to speak to the Case· There was brief discussion relative to the Planning staff's recommendation for denial. Mr. McHale stated that the business has been located on the subject property for a number of years; the applicant maintains the site well; and the conditions will improve the landscaping and provide protection for the neighbors. Mr. McHale then made a motion, seconded by Mr. Barber, for the Board to approve Case 00SN0279 subject to the following conditions: The uses permitted shall be limited to the sale of mulch, topsoil, sand, compost, gravel, pine straw and railroad ties, only. (P) The use shall not be open to the public between 6:00 p.m. and 8:00 a.m. Monday through Saturday and shall not be open to the public before 12:00 noon or after 4:00 p.m. on Sunday. (P) The Conditional Use and Conditional Use Planned Development shall be granted to and for Mr. David E. Call or J.B. Mulch only, so long as Mr. David E. Call is the majority owner of J. B. Mulch, and shall not be transferrable nor run with the land. (P) 4. Fencing and Landscaping: A minimum six (6) foot high wooden fence shall be installed along the northern boundary of the property. Along the southern property boundary running eastwardly from Chester Road for a distance of twenty-five (25) feet, evergreen trees shall be installed so as to minimize the view into the site from Chester Road. At such time that Mr. Alfred L. West no longer resides at Tax ID 789-659-3619 or no longer owns Tax ID 789-658-2287, whichever occurs first, a minimum six (6) foot high wooden fence shall be installed along the eastern boundary of the property and along the southern boundary of the property except, where landscaping is required per Condition 4.a. as stated above. The exact design and location of the fencing shall be approved by the Planning Department. The fence shall be located so as to minimize the removal of any existing vegetation around the property boundary. (P) In conjunction with the approval of this request, a 150 foot exception to the required 150 foot setback for buildings from Chester Road shall be granted. (P) zo/25/oo 00-712 (Note: There are currently imp within the right-of-way of Chest these improvements encroach into they must be relocated.) o In conjunction with the approval ( forty (40) parking space except four (44) parking space requiremen to the requirement to provide shall be granted. Provided, spaces, the driveway te Chest driveway serving parking spaces with six (6) inches ef #21 or 2lA location of the required gravel sh the Planning Department. (P) o Other than a building having a ma: square feet, there shall be n permitted on the property. (P) Within sixty (60) days of approval plans depicting these requir6 submitted to the Planning Departm( approval. Within sixty (60) days plans, the required improvements s And, further, condition: the Board accepted the fo Direct access from the property to Chest limited te one (1) entrance/exit. The lecat shall be approved by the Transportation Dep~ Ayes: Warren, Humphrey, Barber, HcHale and Nays: None. 16. PUBLIC HEARINGS o TO CONSIDER THE WATERSHED MANAGEMENT PL~. MAINTENANCE PROGRAM FOR THE SWIFT CREEK WATERSHED Ms. Joan Salvati, Water Quality Administrato~ date and time has been advertised for a · consider the Watershed Management Plan and M for the Swift Creek Reservoir Watershed. that the Plan, as prepared by the consulting entails three major elements - 1. the pr permitting of a system of regional best m~ facilities (BMPs); 2. an evaluation of a v options for both the construction and m~ regional BMPs; and, 3. a listing of the sE would need to be adopted to put the plan stated that the Plan calls for the use of types including wet ponds, streamside corridors, constructed wetlands and enhanced further stated that the Plan has the dual ob development below the phosphorous conc6 miligrams per liter and minimizing polly protecting other environmental resources. S Plan contained an evaluation of 16 possible options and that the consultant has recommenc 00-713 covements located er Road. Since, the right-of-way, f this request, a .on to the forty- t and an exception gravel driveways however, parking ~r Road and the shall be graveled stone. The exact ~11 be approved by :imum of 150 gross other building . of this request, ~ments shall be ~nt for review and Df the approval of hall be completed. lowing proffered ~r Road shall be Lon of this access rtment. (T) filler. AND ~ESERVOIR stated that this ~ublic hearing to ~intenance Program ihe further stated firm of CH2M Hill, }posed siting and nagement practice ariety of funding .intenance of the ecific steps that into place. She a variety of BMP }uffers, riparian floodplains. She ective of keeping ~tration of .05 tant loads while he stated that the available funding ed the institution 10/25/00 of a pro-rata fee program whereby new development would pay for the construction of new regional BMPs. She further stated that the consultant recommended the use of a County-wide utility to pay for the maintenance of all BMPs throughout the County as well as stream restoration projects, major drainage improvements and enhanced water quality protective efforts. She stated that the third major element of the Plan listed specific steps to implement the Plan, including at least two ordinance changes as well as development of guidelines for engineers for compliance with the Plan. She stated that staff recommends that the Master Plan for siting and permitting of regional BMPs be adopted by the Board; the consultant's recommendation for the establishment of a pro-rata fee program to cover the cost of construction of the facilities also be adopted by the Board and anticipates that a public hearing to consider the ordinance required to put the fee program in place be held in January 2001; the Environmental Engineering operating and capital improvement budgets be increased in order to institute a County-wide maintenance program for residential BMPs and for stream restoration projects. She further stated that Environmental Engineering's operating budget would be increased over a three year period up to $500,000, enabling staff to hire the crew and equipment necessary to take over the maintenance of all residential BMPs throughout the County. She stated that the capital improvement program for Environmental Engineering would be increased from $200,000 to $400,000 over a four year period to enable staff to conduct major stream restoration projects throughout the County with an initial focus on the older portions of the County. She reviewed the numerous meetings that have been held to receive input on the Plan and stated that concerns were expressed with the high wetland impact of the option of relying solely on wet ponds. She stated that there is precedent for the use of alternative BMPs throughout the Mid-Atlantic region and noted that the alternative BMP option has worked well in other areas. She further stated that staff has confidence in both the methods and the overall approach that were used by the consultant in developing the Plan. When asked, Ms. Salvati stated that the State of Maryland is making maximum use of riparian corridors. She further stated that she is comfortable that the County's phosphorus goal will be met and that potential impacts on wetlands will be greatly reduced. Mr. Miller expressed concerns relative to increasing Environmental Engineering's operating and capital improvement budgets. Mr. Barber expressed concerns relative to the differing recommendations by staff and the consultant for funding the BMP maintenance program. Mr. Ramsey stated that, as staff reviewed the consultant's recommendation for funding the BMP maintenance program through a County-wide utility fee, it was determined that the only mechanism of collection would be to add the charge to the tax bill each year. He further stated that staff did not feel the net increase in funding necessary for the maintenance program justified billing every household in the County. Mr. Barber expressed concerns relative to the priority of funding the BMP maintenance program when other services cannot be funded. 10/25/00 00-714 Mr. Ramsey stated that he feels it would be County to collect the revenue necessary to and that he feels the issue of BMP mainte addressed. Mr. David Anderson, a resident of the Mic stated that he supports the Watershed Mai Maintenance Program. He expressed concerns difficult for the maintain the BMPs ~ance needs to be lothian District, lagement Plan and uelative to snakes and insects infesting the existing BMPs and ~tated that he does not feel funding the BMP maintenance wo~.ld be considered frivolous spending. Ms. Laurie Newell, a resident of the Clover Hill District, expressed appreciation to the Board and others who have contributed to protection of the County's ~ater supply. She stated that use of regional BMPs is the best approach to ensure water quality as well as economic developmeilt. She urged the Board to adopt the Watershed Management Plan and stated that she also supports a pro-rata fee system to allow developers to pay for construction of the regional BMPs. She stated that she feels water quality is a County-wide issue which requires a County-wide approach; therefore, the Couuty should assume responsibility for maintaining the BMPs on regular basis. Mr. Preston Cooper, a resident of Woodlake id member of Hands Across the Lake, stated that he feels it ~ould be the most effective approach for the County to provice funding for the Maintenance Program for BMPs. He further st.~ted that he feels the Watershed Management Plan, as presented Dy the consultant, is capable of dealing with technical issues n an ongoing basis and urged the Board to adopt it. Mr. James Hall, a resident of Deer Run, stated that he supports the Watershed Management Plan as it relates to regional BMPs. He expressed concerns relative to the ne¢:essity to remove debris on a regular basis from the pond adjacent to his property and stated that he is willing to pai a monthly fee to provide maintenance of existing BMPs. Mr. Dean DeForest, Director of Facility De 'elopment for Bon Secours Richmond Health System, read the fo]lowing letter for the record from Mr. Peter Bernard, Chief Ex~cutive Officer of Bon Secours Richmond Health System: "Bon Secours Richmond, more specifically St Francis Medical Center, publicly endorses the approval of Chesterfield County's proposed regional watershed initiative, i.e , the development of regional Best Management Practices (BMPs Chesterfield County has a history of environmental stewardship, as demonstrated in 1997 when an ordinance was passed to protect the upper Swift Creek Reservoir District. This ordinance reduced the level of acceptable phosphates to .22 pound per acre per year as compared to the Commonwealth of Virginia's acceptable level of .45 pounds. The approval of the proposed regional BMt initiative will enable Chesterfield County, in conjunction with the Corp of Engineers and the Department of Environmental Quality (DEQ), to control the quantity, size and quality of ail future BMPs. The current policy requires developers tc build a BMP to control storm water run off. These BMPs may ue large or small, depending upon storm water calculations, ~nd in many cases become unsightly, un-maintained mosquito incubators. ! o/25/oo 00-715 We are confident that all developers would welcome and support the County's ownership, development and maintenance of regional BMPs. The approval of this program would greatly benefit St. Francis Medical Center by eliminating the requirement of two BMPs consisting in approximately two acres. This would enable St. Francis Medical Center to better utilize its property, in ensuring convenient and easy access for its patients. I hope you and your fellow Board members will continue your history of environmental stewardship, and approve this very important regional watershed program." Mr. DeForest stated that he feels the economic development value that regional BMPs would bring to the County would raise the funding necessary to maintain the regional BMPs. Mr. Tom Beatty, a resident of Deer Run, expressed concerns relative to the necessity to control runoff and pollutants and stated that he supports the Maintenance Program for regional BMPs. He further stated that he feels property owners should not have to be responsible for maintaining BMPs that benefit an entire neighborhood and stated that he supports the County funding the maintenance of regional BMPs. Mr. Miller expressed concerns relative to residents purchasing property located on BMPs without the knowledge of their maintenance responsibility. Ms. Belinda Rickets, representing the Woodlake Community Association Board of Directors, stated that Woodlake supports adoption of the Watershed Management Plan and County-wide BMP Maintenance Program. Ms. Felecia Johnson, a resident of Deer Run/Antler Ridge, presented the Board with a copy of the October 10, 2000 Community Shopper depicting the pond located behind her residence. She also presented the Board with photographs of the pond and stated that the property owners are unable to maintain the pond properly. There was brief discussion relative to the possibility of Deer Run Community Association assuming the responsibility for maintenance of the BMP adjacent to Ms. Johnson's property. Ms Johnson stated that the water quality of the pond in Deer Run is adversely impacting nature and urged the Board to support the Watershed Management Plan and Maintenance Program. Mr. John Boyes, President of the North Oaks Homeowners Association, stated that the Association is responsible for maintaining the three BMPs in North Oaks. He further stated that he feels it would be fiscally responsible for the County to establish a stormwater utility fee to provide funding for maintenance of BM?s. Mr. Dwayne Garrett, a resident of Deer Run, invited the Board members to view the pond in Deer Run and stated that he feels the County should adhere to its motto, "Keep Chesterfield Clean." Mr. Julio Del Corso, a resident of Greenfield Subdivision in Midlothian District, stated that he supports a County-wide stormwater utility fee to protect the County's drinking water. zo/25/oo 00-716 He referenced localities who currently utilize a stormwater utility fee and stated that he feels it is ~he most efficient and stable funding mechanism for maintenalce of BMPs. He stated that the drinking water from the Swi~ benefits all citizens of the County; there~ should be spread among all citizens. He u adopt a County-wide stormwater utility fee. Mr. James Strickland, a resident of Deer RE supports a County-wide BMP maintenance pro residential BMPs. Mr. Mike Divita, Community Manager for Community Association, expressed appreciatio others for their efforts to protecting t County's water supply. He stated that Brande County Administrator's recommendations for Swift Creek Watershed Management Plan and Ma He further stated that he feels BMPs shoul public resource and, therefore, maintenance be viewed as a County-wide issue. Ms. Diana Parker, representing the Falls of the Sierra Club, stated that the Sierra Club the Swift Creek Watershed Management Plan protecting the reservoir. She further sta supports County-wide collection through the funding the maintenance of BMPs. Mr. Karl Marwitz, a resident of North Oaks, he moved to the County and purchased h misinformed about who would provide the ma pond behind his property. He further state{ adoption of the Watershed Management Plan. Dr. Betty Hunter-Clapp, a resident of the Clo commended the Board for setting the direction the County's water supply. She stated thi taken for granted and that all residents pol water supply. She further stated that she re desire for fiscal responsibility and urged th the Watershed Management Plan and Maintenan( Swift Creek Reservoir Watershed. Ms. Joanie McCann, a resident of North Oaks BMP behind her home is beautiful because of efforts to keep it clean. She further state County-wide stormwater utility fee would approach to preserving the nature and wil ponds. Ms. Charlotte Skofstad, a resident of the Dal that she supports the County's efforts to Creek Watershed and urged the County not to Creek Reservoir, which functions as a large with wildlife, in their water quality effor~ Mr. Tom Pakurar, representing Hands Across that he feels the Watershed Management economically and will benefit the develop!ment as protect the environment. He furthier Across the Lake supports County-wide maintE the good of the County. 00-717 ~t Creek Reservoir ore, the taxation rged the Board to n, stated that he ~ram for existing the Brandermill to the Board and e future of the rmill endorses the adoption of the [ntenance Program. be treated as a Df the BMPs should ~he James Group of feels adoption of is essential for ed that the Club General Fund for stated that, when is home, he was intenance for the that he supports ~er Hill District, for protection of it water has been .lute the County's spects the Board's e Board to support ~e Program for the , stated that the her neighborhood's t that she feels a be a reasenable .dlife around the e District, stated protect the Swift forget the Falling BMP and is alive is. the Lake, stated Plan makes sense community as well ~tated that Hands nance of BMPs for 10/zs/oo There being no one else present to speak to the issue, the public hearing was closed. When asked, approximately sixty persons present at the meeting stood in support of the Watershed Management Plan and Maintenance Program. Mr. Warren requested a five minute recess. Reconvening: It was generally agreed that the Board consider the three components of the Watershed Management Plan and Maintenance Program separately, the first of which is the siting, construction and permitting of BMPs in the Swift Creek Reservoir as recommended by the CH2M Hill, and the second of which is the establishment of a pro-rata fee program for the construction of regional BMPs. Mr. Barber questioned how much of the Plan is absolutely necessary for maintaining drinking quality, how much is related to environmental concerns, and how much is directly related to the amenity of the reservoir? Ms. Salvati stated that the establishment of the .05 level of acceptable phosphates was done as a means of minimizing the level of eutrophy (biological productivity) in the reservoir. She further stated that if the Swift Creek Reservoir or any of the County's other sources of water become severely eutrophic, the issue would be greater than aesthetics. She further stated that the quality of the water would degrade and, if no action were taken and the current .45 standard for the Chesapeake Bay Act were to be adhered to, over time, very iow oxygen levels would occur, creating a chemical reaction that re-releases phosphorous, metals and other toxics. She stated that severe eutrophy could possibly cause fish kills. She further stated that eutrophic water can be treated for drinking purposes, but at a large cost, and noted that taste and odor problems might also occur as a result of the treatment. When asked, Ms. Salvati stated that, if no action were taken by the Board, the pace of development would determine the time it would take for the Swift Creek Reservoir to become utrophic. Ms. Salvati stated that the plan for regional BMPs is sound watershed management in that it balances both protection of in- lake chemistry as well other environmental resources. Mr. Barber questioned which actions recommended by staff are necessary to preserve the County's drinking water; which actions are for preservation of the Swift Creek Reservoir; and which actions are for the good of the environment. Ms. Salvati stated that maintenance of the BMPs scattered throughout the County will result in the collateral benefit of water quality protection. She further stated that the BMPs protect streams by reducing pollutants and controlling the amount of flows from new development into streams, thereby protecting over-sedimentation. She stated that a consistent funding mechanism is necessary to ensure that the BMPs are maintained in such a way that they perform their important functions for the 1,300 miles of streams in the County. lo/25/oo 00-718 Mr. Miller questioned the number of BMPs idex that are directly related to water qual. percentage of BMPs that would only be directs water quality for amenity or aesthetic purp~ Ms. Salvati stated that none of the id~ directly related to maintaining the reserv supply. She further stated that the re( greatly facilitate the Swift Creek Water ability to maintain the water as a drinking Mr. Miller stated that he is prepared to sup~ but indicated that he has concerns with ado] wide maintenance program. On motion of Mr. Warren, seconded by Mrs. H~ adopted the Swift Creek Watershed Master Pi~ Program to include the siting, construction regional BMPs in the Swift Creek Reser~ recommended by staff and consultant and the pro-rata fee program for the construction of and directed staff to implement the Swif' Watershed Master Plan including developm~ ordinances to include an ordinance to put program in place. And, further, the Board directed staff to hearing for the adoption of the ordinance anc of the fee amount in January 2001. Ayes: Warren, Humphrey, Barber, McHale and Nays: None. Mr. Warren stated that the third component considered is the County-wide BMP maintel residential BMPs and for stream restoration Mr. Ramsey stated that staff's recommendati( wide stormwater management be initiated fo~ only. He further stated that the annual co~ the existing residential BMPs ranges from $1~ He stated that, at the Board's request, s potential for a development fee that woul( maintenance cost, and determined that a ~ imposed on developers to maintain new 5 maintenance for existing BMPs. Mr. Miller expressed concerns relative to thc the taxpayer for maintenance of existing BM Mr. McHale expressed concerns relative to t currently in the subdivision approval proc added to the list of existing BMPs to be ma. When asked, Mr. McElfish stated that th maintenance fee for each existing BMP woul< $1,000 to $1,300. When asked, Ms. Salvati stated that thiere 4,900 parcels located near BMPs. She furthe~ are currently approximately 20 BMPs located as seven, parcels. She stated that there arc facilities in the subdivision process t~ situated. 00-719 tilled in the Plan Lty only and the d to enhancing the )ses. :ntified BMPs are sir as a drinking ~ional BMPs would Treatment Plant's water supply. ort regional BMPs, }tion of a County- ~mphrey, the Board tn and Maintenance and permitting of oir Watershed as establishment of a the regional BMPs, ~ Creek Reservoir :nt of applicable the pro-rata fee schedule a public the establishment ~iller. of the Plan to be ~ance program for projects. }n is that County- ' residential BMPs ~t for maintaining 0,000 to $270,000. taff explored the help offset the ~e could only be MPs, not provide potential cost to ?s. .he number of BMPs ~ess that will be [ntained. e average annual be approximately are approximately stated that there on one, or as many ~ at least ten more .at are similarly lO/25/oo Mr. McHale stated that the people who receive the benefit of the BMP through stormwater drainage and erosion control are not just the people whose parcels are located on the BMP. Mr. Miller stated that he is not prepared to support a cost to the taxpayers through either a surcharge, utility assessment or a General Fund obligation for the maintenance of any lake that will serve collaterally as a BMP, but that is an amenity. He further stated that he is reluctant to take over responsibility from developers who would seek to transfer the development cost in some form. He stated that he feels it is not unreasonable to question the transferring of the responsibility of BMP maintenance to citizens who had no opportunity to say where BMPs should be located. He requested that the Board defer consideration of the maintenance program until the budget process. Mr. Warren stated that the suggested increase in the Environmental Engineering operating and capital improvement budget is a funding concept that will protect the environment and quality of life in the County. He further stated that, if approved, the concept would be endorsed by the Board and staff would be directed to present it in a budget package to be voted on at a later date. Mr. Miller questioned the urgency to vote on the issue and expressed concerns relative to additional time to receive input from constituents. Mr. Barber stated that he concurs with Mr. Miller's request to defer the issue of funding the maintenance of existing BMPs until the budget process. Mrs. Humphrey stated that she feels the issue of funding the maintenance of existing BMPs is of eminent importance to her constituents. She further stated that the Board's approval of the funding issue would represent a concept that the County is going to treat its valuable water source as a public utility and indicated that she does not feel the Board should defer consideration of funding the BMP maintenance until the budget process. Mr. McHale stated that he feels the issue is much more complicated than merely an amenity for a specific subdivision or group of subdivisions. He further stated that many of the existing BMPs are in the process of breaking down and the County could be faced with environmental consequences if the issue is ignored. He stated that he feels the proposed BMP management process broadly benefits residents of the entire County and indicated that he is prepared to support funding the maintenance of the existing BMPs. Mr. Barber expressed concerns relative to decreased projections of State revenue and the impact it will have on the County's budget. He stated that the Board chose not to move forward with a public hearing on the revenue recovery issue and noted that the County could be enhancing its revenue to Emergency Medical Services (EMS) through revenue recovery. He further stated that he feels it is fiscally irresponsible for the Board to embrace a budget item without the benefit of comparing it to other budget items. He stated that he was encouraged that many speakers indicated they supported a stormwater utility fee as a revenue source for maintaining the BMPs. He further stated zo/25/oo 00-720 that he is not prepared to support anything County's budget until the EMS effort has be( necessary level. He stated that he has respect to enhancing amenities and noted th tools at its disposal to address responsibility, but has not taken the initi~ When asked, Mr. Ramsey stated that, barrin change in the budget trend, if the Board adop program, future budgets will be preparec absorption of the program. Mr. Barber expressed concerns relative to ui stated that he is not ready to support f~ maintenance program. Mr. Miller stated that he concurs with Mr. and indicated that he is not prepared to maintenance program and will abstain from v( because he would prefer to address the issue process. Mr. McHale stated that Board members are n offering funding alternatives during the bud¢ free to propose potential revenue items consideration. He further stated that opportunity, as citizen input is recei~ alternative proposals for funding the maint( BMPs. Mr. Warren stated that he feels the Board importance of the environment and qualit5 County. He further stated that the current of being good stewards to the County's qua stated that he feels the Board should adop program to implement its commitment to quality. He further stated that he feels, not adopt the maintenance program now, it wil future. Mrs. Humphrey made a motion, seconded by M~ Board to increase the Environmental Enginee~ capital improvement budget to institute ~ maintenance program for residential BMPs restoration projects. And, further, the Board directed staff to in concept in the 2001-2002 budget process implementation on July 1, 2001. There was brief discussion relative to ti support for additional options for funding the BMPs. Mr. Warren called for a vote on the mot Humphrey, seconded by Mr. McHale, for the Boa Environmental Engineering operating and ca budget to institute a County-wide BMP maint~ residential BMPs and for stream restoration And, further, the Board directed staff to in concept in the 2001-2002 budget process implementation on July 1, 2001. Ayes: Mr. Wa:~ren, Mrs. Humphrey and Mr." Nays: Mr. Barber. Abstain: Mr. Miller. 00-721 that impacts the ~n enhanced to the reservations with at the County has the maintenance ~tive to do so. g any significant ts the maintenance to reflect the funded issues and [nding of the BMP Barber's concerns support the BMP ~ting on the issue during the budget ot precluded from et process and are for the Board's ere is always an red, to consider ~nance of existing nbers agree on the of life in the ~ard has a history Lity of life. He the maintenance County's water if the Board does cost more in the · McHale, for the ?ing operating and County-wide BMP and for stream :lude this funding with anticipated ~e possibility of ~he maintenance of ion made by Mrs. rd to increase the pital improvement ~nance program for projects. ulude this funding with anticipated ~cHale. o/2s/oo Mr. Warren encouraged staff to work with the scientific community to develop the process for implementing the Watershed Management Plan and Maintenance Program. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no remaining mobile home permits and zoning requests at this time. 18. AD JOURNMENT On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adjourned at 10:40 p.m. until November 8, 2000 at 4:00 p.m. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Ar t ~~----- Chairman zo/2s/oo 00-722