Loading...
11-21-2000 MinutesBOARD OF SUPERVISORS MINUTES November 21, 2000 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Kelly E. Miller Mr. Lane B. Ramsey County Administrator O0-750 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Mr N. E. Carmichael, Commissioner of Revenue Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Rebecca Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Ms Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Mr Louis Lassiter, Dir., Internal Audit Ms Mary Lou Lyle, Dir., Accounting Ms Faith McClintic, Asst. Dir., Economic Development Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr Francis Pitaro, Dir., General Services Mr James J. L. Stegmaier, Deputy Co. Admin., Management Services ll/21/O0 Mr. M. D. Stith, Jr., Deputy Co. Admin., Communit Mr. Thoms Block G~ Mr. Warren called the regularly scheduled ms 4:03 p.m. 1. APPROVAL OF MINUTES FOR NO%EMBER 8, 200C On motion of Mrs. Humphrey, seconded by Mr. approved the minutes of November 8, 2000, a Ayes: Warren, Humphrey, Barber, McHale and Nays: None. o y Development s A. Taylor, Dir., ant Office eting to order at ~cHale, the Board submitted. iller. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that the Virgin/ Transportation (VDOT) awarded a $47 mill week for the completion of Route 288 County line. He further stated the announced that they intend to negotia~ proposer for the balance of the Route 28 Pcwhatan line to Interstate 64 as afc facility, with an anticipated completion indicated that this is very good news Ccunty. Mr. Ramsey stated that the Budget and Alldit Committee met earlier today with representatives fr¢~m KPMG, LLP, the Ccunty's independent auditors, to review the FY00 Ccmprehensive Annual Financial Report. He further stated that each Board member has been presented a copy of the Report. He then introduced Ms. Elizabel~h Foster, partner with KPMG, LLP. Ms. Foster stated that the audit is received unqualified opinions, which is opinion that can be received. She fu KPMG, LLP audited the financial statem~ funds and account groups of the Count system and also, in separate audit rep Greater Richmond Convention Center A activity funds of the School System. KPMG, LLP provided a management lett~ items of interest to staff, and note responded fully and KPMG agrees with She further stated that the firm also federal funds received by the County and found no a Department of .ion contract last to the Powhatan t VDOT has also ~e with a private project from the ir-lane toll-free date of 2003. He for Chesterfield complete and it the best possible rther stated that ,nts of all of the y and the School orts, audited the uthority and the She stated that ~r discussing two d that staff has staff's response. .udited all of the qualifications related to that audit appreciation for the cooperation of C greatly assisted in KPMG's first yea~ County. Mr. Ramsey commended Ms. Lyle and member expressed appreciation for their preparation for the audit. 00-751 . She expressed Dunty staff which of auditing the of her staff and efforts towards 11/21/00 3. BOA/~D COMMITTEE REPORTS Mr. McHale stated that he represented the Board at the Veterans Day ceremony on November 11, 2000 where the first phase of the Veterans Memorial Wall was dedicated. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Warren, the Board replaced Item 8.B.2.b., Resolution Confirming Proceedings of the Chesterfield Industrial Development Authority Which Has Received a Request on Behalf of Grafton Schools, Incorporated, Requesting that the Authority Concur in the Resolution Adopted by the Issuer, the Industrial Development Authority of Clarke County, Virginia, on October 30, 2000; replaced Item 8.B.2.c., Resolution Confirming Proceedings of the Chesterfield Industrial Development Authority for Financing of Industrial Revenue Bonds for Bon £ecours Health Systems; replaced Item 8.B.2.d., Resolution Approving the Participation of Chesterfield County in the Statewide Mutual Aid Agreement; added Item 8.B.9., Conveyance of Easement to Virginia Electric and Power Company to Install Power Lines to Provide Service to the New Police and Fire Training Facility; added Item 8.B.10., Request for Permission to Stage a Fireworks Display on the James River Near Dutch Gap; and adopted the Agenda, as amended. Ayes: Warren, Humphrey, Barber, McHate and Miller. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions or special recognitions at this time. 6. WORK SESSIONS o TAX STRUCTURE COMMITTEE REPORT Mr. Ramsey stated that, in January 2000, the Board appointed a Tax Structure Committee to evaluate the County's tax structure and recommend a stable, equitable and fair tax structure consistent with the County's economic development priorities. He introduced Mr. Gary Thomson, Chairman of the Tax Structure Committee, to present the Committee's Final Report to the Board. Mr. Thomson recognized and expressed appreciation for the efforts of the committee members and also expressed appreciatien te Hs. Dickson and Hs. Sheila Hinor, Revenue Analyst for their invaluable assistance. He stated that the everall strategy behind the Cemmittee's recommendations is to make the Ceunty's tax structure a medel of fairness, diversity and censistency. He reviewed Recemmendation One -- reduce and then eliminate the Business, Prefessional and Occupatienal License Tax (BPOL), and stated that repeal ef the BPOL tax would eventually result in the eliminatien ef $16.5 millien in revenue per year. He further shared that the Cemmittee also recommends that new BPOL tax rate classificatiens be immediately implemented fer certain types ef businesses. He reviewed Recemmendation Two -- ebtain authority from the General Assembly to increase lecai eption sales taxes by one-percent 00-752 for the Richmond region, approximately $25 million in revenue an~ Chesterfield County would receive $12.5 mil stated that the Committee recommends that ad( revenue be allocated to capital improvemen~ would have been issued. He reviewed Recom increasing the motor vehicle decal fee by $5 and stated that this would produce ~ually, of which lion. He further ~itional sales tax ~s for which debt nendation Three -- to compensate for the reduction in revenue from other tax cate!~ories, and stated that this would generate between $0.8 a~d $1.25 million annually. He reviewed Recommendation Four -- of fees for emergency medical services {EMS this would increase revenue by approxima' annually which would be used to generally medical services. He then reviewed Recon reduce real estate taxes by implementing stated that staff estimates that a four perce generate approximately $9.6 million annuallf. He noted that the Committee supports implementing a meals t~x only as a means for reduction of the real estate tax rate. There was brief discussion relative to refe taxes recently held within various localitie: also to the County's referendum in 1988 fc support school construction. Mr. Barber requested that the Board be pro relative to what was tied to the referendum which failed in the various State localitie~ Mr. Thomson reviewed Recommendation Six - req a portion of the State income tax to alternatively, request that the State underfunded State mandates in Mental He~ Education. He encouraged the Board to cont full funding of State mandates. Hz Recommendation Seven -- request State legislat definition of manufacturers for business lic property taxation. There was brief discussion relative to the impact to the County of the clarification of manufacturers. Mr. Barber questioned the possibilit~ Recommendation Seven in the 2001 Legislativ6 Mr. Carmichael stated that it is not possibl~ potential revenue impact at this time. Mr. Ramsey stated that the majority of the m~ tax revenue comes from large industry in thc than ten percent comes from the area that mi( a clarification in the definition of manufa¢ There was brief discussion relative to addir State legislation to clarify the definition for business license and personal property ta Legislative Program. Mr. Carmichael stated that he feels it would the request to the Legislative Program and Commissioners of Revenue Association of Virc such a legislative request. 00-753 ~upport collection , and stated that ely $3.6 million benefit emergency mendation Five -- ~ meals tax, and ~t meals tax would rendums for meals ~ in the State and r a meals tax to vided information s for meals taxes lest the return of Chesterfield; or fund currently ~lth, Health and inue to press for then reviewed ion clarifying the ense and personal potential fiscal the definition of of including Program. to determine the chinery and tools County, and less 'ht be affected by turers. .g the request for of manufacturers xation to the 2001 be prudent to add .ndicated that the [nia would support 11/21/00 Mr. Warren requested that the recommendation be added to the 2001 Legislative Program. Mr. Thomson reviewed Recon~endation Eight -- consolidate functions performed by both County Government and County Schools, and Recommendation Nine - study the privatization of current County services. He reviewed areas of potential privatization including solid waste/recycling collections/leaf collection; ambulance/EMS services; school bus operation; print shop; and information technology support. Mr. Warren indicated that he supports privatization of leaf collection. Mr. Thomson reviewed Recommendation Ten -- establish a committee to study impact fees, proffers and recordation taxes. When asked, Mr. Thomson stated that the Committee felt the variations in the amount of cash proffers offered and accepted was an issue that needed to be studied, and that a clear process for cash proffers should be implemented. Mr. Warren stated that the County is exploring the possibility of impact fees as an alternative to cash proffers. Mr. Thomson then reviewed Recommendation Eleven -- collect sales and use taxes due but not paid to the County. He encouraged the Board to continue to support staff's efforts to identify and resolve the reporting of sales at the point of sale. Mr. Miller stated that the recommendations all appear to be for finding revenue sources and questioned whether or not the Committee explored expenditures. Mr. Thomson stated that the Committee reviewed expenditure trends and examined some specific expenditure areas, but indicated that its task was primarily limited to the tax structure of the County. Mr. McHale stated that he feels the Board should take action as soon as possible on the recommendation to clarify the definition of manufacturers for business license and personal property taxation. He further stated that he feels the issues of consolidating functions performed by both County Government and County Schools and privatization of current County services should be revisited by the Board. Mr. Warren stated that he feels each of the Committee's recommendations should be considered individually and encouraged Hr. Ramsey and County staff to bring forward specific recommendations as a result ef the Committee's report, particularly as they relate te the budget. He further stated that Board members can request that individual recommendations of the Committee be added for the Beard's agenda as either work sessions or agenda items. Hrs. Humphrey suggested, and it was generally agreed that Mr. Ramsey would direct appropriate staff to prepare a response to each of the Committee's recommendations. Mr. HcHale suggested that the Board take a phased approach and respond quickly te the recommendations that can be responded te sooner than ethers. 00-754 Mr. Miller expressed concerns relative to n%w taxes and urged the Board to act cautiously and take as muctl' time as possible to consider the Tax Structure Committee's r~commendations. Mr. Warren expressed appreciation to Mr. leadership and to the members of the Tax St for their efforts. He requested that Mr. report to the Board in January or February progress in responding to the ComMittee's r 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. ADOPTION OF 2001 LEGISLATIVE PROGRAM Ms. Curtin briefly reviewed changes reque~ members to the proposed 2001 Legislative Pr< After brief discussion, the Board added a County's Legislative Program supporting definition of manufacturers for business ii{ property taxation. When asked, Ms. Curtin stated that she feel proposal to cap cash proffers, but at a leve harm to Chesterfield County. Mrs. Humphrey requested that the Board be ko' status of all legislative proposals relativ proffers. Mr. Miller expressed concerns relative t enforcement of the primary seatbelt law and s not feel this would be in the best interest o Mr. Miller then made a motion for the Boz support request of enforcement of the primal When asked, Ms. Curtin stated that Colonel that the support request be included in the Program. Due to the lack of a second, Mr. Miller wit~ Mr. Miller then expressed concerns relative t authority to zoning inspectors and stated tha the granting of such power is warranted. that he feels this legislative request w~ County's other legislative requests and sug eliminated from the County's Legislative Pr( Mrs. Humphrey indicated that she support~ request. Mr. Warren stated that, although he recogni the summons process for zoning violations, eliminating the request from the Legislativ( 00-755 Thomson for his :ructure Committee Ramsey provide a 001 as to staff's commendations. ~ted by the Board ~gram. ~pport item to the a study of the ~ense and personal s there will be a that will not do t informed of the e to capping cash o supporting the tated that he does f County citizens. ~rd to delete the ?y seatbelt law. Baker recommended 2001 Legislative ~drew his motion. granting summons he does not feel He further stated .11 discredit the gested that it be ~gram. eliminating the zes problems with he will support Program. ii/2i/O0 Mr. Barber stated that he feels strongly that the process for correcting zoning violations could be streamlined. He further stated that the Board has a responsibility to its citizens, that he feels the request should remain a part of the County's Legislative Program, and the legislative delegation should make the determination as to whether or not to bring the request forward. Mr. McHale stated that he feels action should be taken relative to the issue of correcting zoning violations in a more timely manner and indicated that he feels zoning inspectors should be empowered to issue summons for zoning violations. He further stated that he feels there should be tools at the County's disposal to allow us to be proactive and appropriately aggressive in solving zoning violations issues. He stated that he feels trained professional zoning inspectors can address zoning violations just as well as uniformed police officers and indicated that he supports the legislative request to grant summons authority to zoning inspectors remaining a part of the County's 2001 Legislative Program. Mrs. Humphrey stated that she feels the item is not yet in a format to be sent to the legislative delegation and indicated that she supports eliminating it from the Legislative Program. Mr. Barber stated that, because of repeated citizen inquiries, the Board has supported the concept of granting summons authority to zoning inspectors as a legislative request several times in past years. Mr. Ramsey stated that, even though the request was a part of the County's Legislative Program, it was never introduced by a member of the legislative delegation. Mr. Warren stated that he still feels the request should be eliminated from the Legislative Program at this time. He further stated that he feels staff should review the process for correcting zoning violations. When asked, Ms. Curtin stated that the process for correcting of zoning violations is handled differently in various localities. Mr. Warren suggested that staff explore ways in which other localities deal with the issue. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board adopted the 2001 Legislative Program, as amended. Ayes: Warren, Humphrey, Barber, McHate and Miller. Nays: None. 8.B. CONSENT ITEMS 8.B.1. STATE ROAD ACCEPTANCE On motion of Mr. McHale, 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 ll/2i/O0 00-756 WHEREAS, the Resident Engineer for the of Transportation has advised this Board th( requirements established by the Subdivision of the Virginia Department of Transportatioi NOW, THEREFORE BE IT RESOLVED, that tP the Virginia Department of Transportation t described below to the secondary system o pursuant to ~ 33.1-229, Code of Virqinia, an Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this clear and unrestricted right-of-way, as necessary easements for cuts, fills and dra AND, BE IT FURTHER RESOLVED, that a cert resolution be forwarded to the Resident Virginia Department of Transportation. Type ChanRe to the Secondary System of State Hi.qhways: Addition Basis for Change: Addition, Access (Local Government Facility §33.1-2 Statutory Reference: §33.1-229 Project: Government Center Parkway · Government Center Parkway, State Route Number: 4796 From: Lucy Corr BI., (Rt. 4795) [Formally Lucy Corr Ct.] To: Courthouse Rd. Extended, (Rt. 2099), a distance of: 0.29 miles. Right-of-way record was filed on 4/19/1999 with the Office Of Clerk To Circuit Court in D with a width of 120 Ft. And, further, the Board adopted the followi~ WHEREAS, the streets described below a recorded in the Clerk's Office of the Chesterfield County; and WHEREAS, the Resident Engineer for the V of Transportation has advised this Board th( requirements established by the Subdivision S of the Virginia Department of Transportatio~ NOW, THEREFORE BE IT RESOLVED, that th the Virginia Department of Transportation t described below to the secondary system o pursuant to ~ 33.1-229, Code of Virginia, an. Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this clear and unrestricted right-of-way, as d~ necessary easements for cuts, fills and dra AND, BE IT FURTHER RESOLVED, that a cert resolution be forwarded to the Resident Virginia Department of Transportation. Type Chan.qe to the Secondary System of State Hi.qhways: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: From: To: Seaview @ The Highlands, Sec. 2 Rollingmist Lane, State Route Number: 5291 Seaview Dr., (Rt. 5166) Shellharbor Ct., (Rt. 5171), a distance of: 0.11 miles. Addition 00-757 irginia Department streets meet the ~reet Requirements is Board requests o add the streets state highways, the Department's 3oard guarantees a ~scribed, and any _nage. ified copy of this Engineer for the 29) 3546; Pg. 241, lg resolution: re shown on plats Sircuit Court of irginia Department streets meet the :feet Requirements is Board requests o add the streets state highways, the Department's oard guarantees a ~scribed, and any _nage. ified copy of this Engineer for the li/~l/O0 Right-of-way record was filed on 9/1811998 with the Office Of Clerk To Circuit Court in Pb. 100, Pg. 53, with a width of 60 Ft. · Seaview Court, State Route Number: 5290 From: Seaview Dr., (Rt. 5166) To; Cul-de-sac, a distance of: 0.09 miles. Right-of-way record was filed on 9/18/1998 with the Office Of Clerk To Circuit Court in Pb. 100, Pg. 53, with a width of 50 Ft. · Seaview Drive, State Route Number: 5166 From: Existing Seaview Dr., (Rt. 5166) To: Rollingmist Ln., (Rt. 5291), a distance of: 0.22 miles. Right-of-way record was filed on 9/18/1998 with the Office Of Clerk To Circuit Court in Pb. 100, Pg. 53, with a width of 50 Ft. · Seaview Drive, State Route Number: 5166 From: Rollingmist Ln., (Rt. 5291) To: Cul-de-sac, a distance of: 0.19 miles. Right-of-way record was filed on 9/18/1998 with the Office Of Clerk To Circuit Court in Pb. 100, Pg. 53, with a width of 50 Ft. Ayes: Warren, Humphrey, Barber, McHale and Hiller. Nays: None. 8.B.2. ADOPTION OF RESOLUTIONS 8 .B.2 .a. RECOGNIZING MS. PEGGY T. SHOOSMITH, EMERGENCY COMMUNICATIONS CENTER, UPON HER RETIREMENT On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, Ms. Peggy T. Shoosmith began her public service with the County as a Fire Dispatcher with the Fire Department on July 23, 1984, and has faithfully served Chesterfield County for sixteen years until September 1, 2000; and WHEREAS, Ms. Shoosmith grew with the County and Emergency Communications Center and demonstrated an ability to adapt to technological change as she went from a period of working without 9-1-1 and working with an antiquated radio system to the current period of operating with a state of the art E-9-1-1 system and Trunked Radio System; and WHEREAS, Ms. Shoosmith displayed a helpful, courteous and caring attitude while working with internal and external customers; and WHEREAS, Ms. Shoosmith has provided a high level of commitment to her work performance by being a thorough and conscientious employee; and WHEREAS, Ms. Shoosmith has provided the Emergency Communications Center and Chesterfield County with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Ms. Shoosmith's diligent service. ii/2i/O0 00-758 NOW, THEREFORE BE IT RESOLVED, that County Board of Supervisors recognizes Ms. P and extends on behalf of its members am Chesterfield County their appreciation for County, their congratulations upon her ret best wishes for a long and happy retirement Ayes: Warren, Humphrey, Barber, McHale and Nays: None. 8.B.2 .b. the Chesterfield eggy T. Shoosmith, the citizens of ~er service te the rement, and their Iiller. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD INDUSTRIAL DEVELOPMENT AUTHORITY l~ICH HAS RECEIVED A REQUEST ON BEHALF OF GRAFTON SC] INCORPORATED, REQUESTING THAT THE IN THE RESOLUTION ADOPTED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY VIRGINIA, ON OCTOBER 30, 2000 On motion of Mr. McHale, seconded by Mr. adopted the following resolution: WHEREAS, the Industrial Development County of Chesterfield (the "Authority") h application of Grafton School, Inc., a V nonprofit corporation (the "Applicant"), incl adopted on October 30, 2000 (the "Inducemenl the Industrial Development Authority of Clark (the "Issuer"), relating to the issuance education facilities revenue bonds in an amc $13,425,000 (the "Bonds") to assist in refinancing of one or more of the followinc (collectively, the "Projects"): (i) acquisition, construction a approximately 32,000 square foot buildin 4100 Price Club Boulevard in Chef Virginia, to be used by the Applicant as and academic center; (ii) construction of an app~ dormitory and a gymnasium, renovatio dormitory for classroom, therapy purposes and related improvements and such improvements on the Applicant's Grafton Way in Berryville in Clarke Col (iii) acquisition and renovation o 35,866 square foot building located at 1 in the City of Winchester, Virginia, Applicant for offices, adult services, and maintenance facilities; (iv) refunding of indebtedness acquisition of the Applicant's group County and Frederick County, Virgin acquisition and improvement of the Appli described in item (i) above, and has held a public hearing thereon on Nove WHEREAS, the Authority has recommended Supervisors of Chesterfield County.. Virgin 00-759 tOOLS, AUTHORITY CONCUR CSSUER, THE )F CLA1REi~ COUNTY, Hiller, the Board Authority of the as considered the !rginia nonstock, uding a resolution ' Resolution"), by e County, Virginia of the Issuer's }unt not to exceed the financing or capital projects d equipping of an g to be located at .terfield County, an administrative 'oximately 75-bed 3 of an existing id administrative the equipping of ain campus at 180 lnty, Virginia; f an approximately 20 Bellview Avenue ~o be used by the ~nd administrative incurred for the homes in Clarke · a, and for the cant's main campus mber 16, 2000; and that the Board of ia (the "Board"), concur in the Inducement Resolution for the issuance of the Bonds by the Issuer to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and Section 15.2-4906 of the Code of Virginia (1950), as amended the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution concurring in the issuance of the Bonds to assist with the financing of the Projects, a copy of the Inducement Resolution, a record of the public hearing and a "fiscal impact statement" with respect to that portion of the Projects located in Chesterfield County have been filed with the Board. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 1. The Board of Supervisors of Chesterfield County, Virginia, concurs in the Inducement Resolution for the issuance of the Bonds by the Issuer for the benefit of the Applicant, to the extent required by the Tax Code and the Virginia Code, to permit the Issuer to assist in the financing of that portion of the Projects located in Chesterfield County. 2. The Board's concurrence in the Inducement Resolution for the issuance of the Bonds, as required by the Tax Code and the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Applicant. 3. This resolution shall take effect immediately upon its adoption. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.2.d. APPROVING THE PARTICIPATION OF CHESTERFIELD COUNTY IN THE STATEWIDE MUTUAL AID AGREEMENT On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, disasters may occur in Chesterfield County and in any jurisdiction in the state, that stress the resources of that jurisdiction; and WHEREAS, the Statewide Mutual Aid Program was developed to assist cities and counties to exchange emergency response and recovery services and resources, especially in response to a major disaster; and WHEREAS, the Statewide Mutual Aid Program provides for a two-party mutual aid agreement or contract that can be consummated quickly, provides form and structure, setting forth the common procedures and expectations for implementation, solves potential problems and concerns related to liability, insurance, and reimbursement up-front; and WHEREAS, the Statewide Mutual Aid Program makes available the services of all local government officials, including fire, police and rescue and provides procedures to assure in advance, that each deployment is needed and will be cost-effective; and WHEREAS, the Statewide Mutual Aid Program establishes simple procedures to assure proper reimbursement and that the ii/2i/O0 00-760 necessary records are maintained for auditin, maximizing the reimbursement to localiti related costs from federal and/or state gov~ NOW, THEREFORE BE IT RESOLVED, th~ Supervisors approves the participation of CT in the Statewide Mutual Aid Agreement. AND, BE IT FURTHER RESOLVED, that resolution and its attachment be permanently papers of the Board of Supervisors of Ch( Virginia. Ayes: Warren, Humphrey, Barber, McHale and Nays: None. 8 .B.2 .e. RECOGNIZING MRS. PEARL M. PERKINS SYSTEMS TECHNOLOGY, UPON HER RETI] On motion of Mr. McHale, seconded by Mr. adopted the following resolution: WHEREAS, Mrs. Pearl M. Perkins retired c from the Information Systems Technology Depa WHEREAS, Mrs. Perkins has provided 22 service to the citizens of Chesterfield Cour WHEREAS, Mrs. Perkins performed ad accounting functions for the General Services she always demonstrated a positive and profE and WHEREAS, Mrs. Perkins, as Communic~ Specialist, demonstrated exceptional commun providing quality telephone services; and WHEREAS, Mrs. Perkins has been formally external and internal customer service skills excellence; and WHEREAS, Mrs. Perkins' active particips service activities, in particular, the purposes and for s of deployment ~rnment sources. ~t the Board of Lesterfield County a copy of this uecorded among the sterfield County, [iller. INFORMATION .'~.MENT 4iller, the Board October 5, 2000, .rtment; and years of quality .ty; and ministrative and Department, where ssional attitude; tions Electronic ication skills in /ecognized for her and commitment to tion in community Christmas Mother Program, exhibited thoughtful concern for hey fellow citizens; and ly WHEREAS, Mrs. Perkins has been ve supportive in volunteering her services to the Voter Registrar's Office over the last decade; and WHEREAS, Mrs. Perkins has been involw Quality Improvement program from the ox including, her recent graduation from the T, WHEREAS, Chesterfield County and the Bo will miss Mrs. Perkins' diligent service; aN WHEREAS, Mrs. Perkins' cheerfuln friendliness, and loyalty will be rememberec NOW, THEREFORE BE IT RESOLVED, that County Board of Supervisors recognizes Mrs. and extends their appreciation for her dedica 00-761 ~d with the Total set, up to and I University; and ~rd of Supervisors d ~ss, enthusiasm, hy all. the Chesterfield Pearl M. Perkins ed service to the 11/Zl/OO County, their congratulations upon her retirement, and their best wishes for a long and happy retirement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 .B.2 .f. RECOGNIZING MR. JAMES G. LUMPKIN, CHAIRMAN, STATE MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES BOARD, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, Mr. James G. "Punky" Lumpkin, resident of Dale Magisterial District has been a valued member and chairman of the State Board of Mental Health, Mental Retardation and Substance Abuse Services since 1990; and WHEREAS, during this time Mr. Lumpkin has been an articulate spokesman and advocate for quality mental health, mental retardation and substance abuse services in Chesterfield County and across the Commonwealth; and WHEREAS, Mr. Lumpkin was instrumental in establishing a specialized program for persons with autism in Chesterfield County through a public-private cooperative initiative in July, 1989; and WHEREAS, Mr. Lumpkin has for many years demonstrated his commitment and support of the programs and services provided for Chesterfield citizens with behavioral health care needs. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. James G. "Punky" Lumpkin on his retirement from the State Board of Mental Health, Mental Retardation and Substance Abuse Services and for his ten years of significant contributions and dedicated commitment to ensure quality services for persons with mental disabilities across the Commonwealth and in Chesterfield County. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.2.g. APPROVING THE JOINT POWERS AGREEMENT RESOLUTION FOR THE COUNTY TO PARTICIPATE IN A PILOT PROJECT TO PURCHASE ELECTRICITY COMPETITIVELY On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, the VML/VACo Virginia Power Steering Committee (the "Committee"), composed of representatives of the County of Chesterfield and other municipalities and political subdivisions of the Commonwealth, has for over several decades negotiated on behalf of such governmental units their purchase of electricity supply from Virginia Power as a sole source provider; and WHEREAS, Section 15.2-1300, et seq. of the Virginia Code (the "Joint Powers Act") authorizes political subdivisions to li/2i/O0 00-762 exercise jointly powers they otherwise exercise independently, under the terms al forth in the Joint Powers Act; and WHEREAS, the Electric Utility Restructu Act") further authorizes municipalities an subdivisions in the Commonwealth to aggregate supply requirements for the purpose of their such requirements from licensed suppliers, provides that such aggregation shall not requ WHEREAS, the Virginia Public Procu "Procurement Act") exempts from its competit and competitive negotiation requirements (ti the joint procurement by public bodies, uti principles, of electricity supply purchas associations under the conditions set forth Act; and WHEREAS, the Committee has voted unani effort to aggregate local governmental pu approximately 117,000,000 kwh of annual elect "Supply") from competitive licensed supplie period commencing no earlier than Janua extending through no later than December 31 Period"); and WHEREAS, the Committee recommends (i) t joint procurement of the Supply as provided Joint Powers Association Agreement, a copy of to and made a part of this Resolution Agreement"); (ii) that one or more reque ("RFP") be issued requesting licensed "Proposers") to submit proposals (the "Prop( the Supply to the interval accounts (the by the Proposers from among approximately 200 of the municipalities and other political presently purchase electricity supply fror (iii) that for the Accounts selected, approx kwh shall be for schools on Virginia Power's and 110 and approximately 70% of the kwh schools on its Rate Schedule 130; and (iv) contracts for the furnishing of the Supply Proposer (or Proposers) by considering wh! are authorized to ~d conditions set ling Act (the "EUR t other political their electricity joint purchase ef and the EUR Act ire licensure; and rement Act (the Lve sealed bidding le "Requirements") .izing competitive ~d through member Ln the Procurement mously to fund an rchases of up to ricity supply (the rs during a pilot ry 1, 2001, and 2002 (the "Pilot ~e aggregation and [n the form of the which is attached ~he "Joint Powers ~ts for proposals suppliers (the )sals") to furnish :counts") selected interval accounts subdivisions that ~ Virginia Power; [mately 30% of the Rate Schedules 100 ~hall be for non- ~hat a contract or be awarded to the sh Proposals best (i) meet the requirements and conditions of the greatest dollar savings for the aggre whole; and (iii) offer a price for each Acc( is projected to be lower than the projectec otherwise obtain applying the Virginia Power which the Account would otherwise be served WHEREAS, the Committee has agreed to its operating budget in an amount not to exc the fees and expenses of its counsel, Ch~ L.L.P., and its utility consultant, the C prepare the documents necessary for the ag~ process, the evaluation of the Proposals, execution of the contract or contracts { municipalities and political subdivisions o~ for which the Supply will be furnished; and WHEREAS, the Committee recommends that and political subdivisions participating i process agree to contribute back to the Co~ 00-763 the RFP; (ii) offer gated group as a )unt selected that price that would supply rate under and rovide funds from ~ed $40,000 to pay ?istian & Barton, }lumbia Group, to rogation, the RFP ~nd the award and )n behalf of the ~ning the Accounts ~he municipalities the aggregation ~ittee's budget up ii/2i/O0 to 25% of the estimated savings projected to be realized with respect to such of their Accounts, if any, for which the Supply is to be furnished during the Pilot Period, provided that the aggregate of such contributions back to the Committee shall not exceed $40,000; and WHEREAS, the Committee recommends that the aggregation and procurement of the Supply for the Pilot Period be effectuated as provided in the Joint Powers Agreement utilizing competitive principles pursuant to an exemption from the Requirements; and WHEREAS, the procurement of the Supply through the Joint Powers Agreement is structured such that the projected costs of the electrical energy requirements of Chesterfield County can only be less than such costs would otherwise be under otherwise applicable rates, and it has heretofore been determined on behalf of Chesterfield County that competitive sealed bidding and competitive negotiations by Chesterfield County for such of the Supply as may be applicable to any of its Accounts are not fiscally advantageous to the public; and WHEREAS, it appearing to the Board of Supervisors of Chesterfield County that the joint procurement of the Supply pursuant to the Joint Powers Agreement is otherwise in the best interests of Chesterfield County. NOW, THEREFORE, BE IT HEREBY RESOLVED that: (1) The aggregation and joint procurement of the Supply during the Pilot Period pursuant to the Joint Powers Agreement is hereby approved. (2) The Joint Powers Agreement and the performance of the terms and conditions thereof on behalf of Chesterfield County are hereby authorized and approved subject to approval as to form of any Electricity Supply Service Agreement by the County Attorney. (3) The County Administrator is hereby authorized and directed to execute and deliver the Joint Powers Agreement on behalf of Chesterfield County in substantially the form presented to this meeting. (4) The return to the Committee of up to 25% of any savings projected to be realized by Chesterfield County on any of its Accounts, as provided in and subject to the overall limitation set forth in the Joint Powers Agreement, is hereby authorized and approved. (5) The payment obligations of Chesterfield County pursuant to the provisions hereof and the Joint Powers Agreement shall be subject to annual appropriation of requisite funds therefor by the County of Chesterfield. (6) This Resolution shall take effect immediately. And, further, the Board authorized the County Administrator to execute the Virginia Governmental Electricity Purchasing Association Joint Powers Association Agreement and the Electricity Supply Service Agreement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-764 8.B.3. TRANSFER OF DISTRICT IMPROVEMENT FU~ 8.B.3.a. FROM THE MATOACA DISTRICT IMPROVE5 PARKS AND RECREATION DEPARTMENT Tf AT ALBERTA SMITH ELEMENTARY SCHOOI On motion of Hr. HcHale, seconded by Mr. transferred $2,492 from the Matoaca Distric~ to the Parks and Recreation Department to i Alberta Smith Elementary School. Ayes: Warren, Humphrey, Barber, McHale and P Nays: None. DS ~.NT FUND TO INSTALL FENCING Iiller, the Board Improvement Fund nstall fencing at filler. 8.B.3.b. FROM THE MATOACA DISTRICT IMPROVEb~NT FUND TO THE POLICE DEPARTMENT TO PURCHASE A C£~PUTER AND CELL PHONES FOR ETTRICK COMMUNITY POLIf On motion of Mr. McHale, seconded by Mr. transferred $3,300 from the Matoaca Distric~ to the Police Department to purchase a comput for Ettrick Community Policing Office. Ayes: Warren, Humphrey, Barber, McHale and P Nays: None. 8.B.4. APPROVAL OF UTILITY CONTRACT FOR STC WAREHOUSE On motion of Mr. McHale, seconded by Mr. approved the following utility contract f Warehouse - Contract Number 98-0134, wh~ extension of 919 L.F. + ef twelve inch evers Stor-All, Ltd. H & B Construction Comps Developer: Contractor: Contract Amount: Estimated Total - Total Estimated County Cost: Water - Oversizing Water - Offsite Estimated Developer Cost Code: (Cash Refund - Oversizing) (Refunds thru Connection Fees - Of District: Matoaca Ayes: Warren, Humphrey, Barber, McHale and P Nays: None. 8.B.5. ACCEPTANCE OF A PARCEL OF LAND ADJAC SAFETY TRAINING COMPLEX ON ALLIED Re On motion of Mr. McHale, seconded by Mr. accepted the conveyance of a parcel of lan Public Safety Training Complex from Honeywe Incorporated, and authorized the County execute the deed. (It is noted a copy of tP is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and ~ Nays: None. 00-765 ING OFFICE 4iller, the Board Improvement Fund ~r and cell phones iller. ,R-ALL MINI ~iller, the Board or Stor-All Mini .ch includes the izod water lines: ny, Inc. fsite) iller. $35,285.00 $7,043.00 $1,582.35 $26,659.65 ENT TO THE PUBLIC 4iller, the Board adjacent to the 1 International, Administrator to e vicinity sketch [iller. 8.B.6. AUTHORIZATION FOR THE COUNTY TO ENTER INTO A LICENSE AGREEMENT WITH ROBERT K. WHITE AND DIANE L. WHITE FOR CONSTRUCTION AND MAINTENANCE OF COUNTY DRAINAGE AND SEW-ER FACILITIES On motion of Mr. McHale, seconded by Mr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a license agreement with Roger K. White and Diane L. White for the construction and maintenance of County drainage and sewer facilities. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.7. SET DATES FOR PUBLIC HEARINGS 8.B.7.a. TO CONSIDER THE CONVEYANCE OF LEASES OF REAL PROPERTY AT VARIOUS PARK SITES AND ATHLETIC COMPLEXES FOR OPERATION OF FOOD CONCESSIONS BY CO-SPONSORED ATHLETIC ASSOCIATIONS AND LEAGUES On motion of Mr. McHale, seconded by Mr. Miller, the Board set the date of December 20, 2000 at 7:00 p.m. for a public hearing to consider the conveyance of leases of real property for operation of food concessions at various park sites by co- sponsored athletic associations and leagues. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.7.b. TO CONSIDER THE APPROPRIATION OF FUNDS FOR TWO SEPAPJ%TE SECONDARY ROAD HIGHWAY PROJECTS On motion of Mr. McHale, seconded by Mr. Miller, the Board set the date of December 20, 2000 at 7:00 p.m. for a public hearing to consider the appropriation of $6.1 million in anticipated Virginia Department of Transportation (VDOT) reimbursements for the Newby's Bridge Road (Walmsley to Hagood) reconstruction project and $770,000 in anticipated VDOT reimbursements for the Winterfield/Salisbury intersection project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.7.c. TO CONSIDER FY2002 ENHANCEMENT PROJECTS On motion of Mr. McHale, seconded by Mr. Miller, the Board set the date of December 20, 2000 at 7:00 p.m. for a public hearing to consider FY2002 Enhancement Projects. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-766 li/2i/O0 8.B.8. REQUESTS FOR PERMISSION FROM BETTY E. WATTS TO INSTALL A 8. B. 8. a. 'RIVATE WATER SEWER SERVICE WITHIN A PRIVATE EA: ',EMENT TO SERVE PROPERTY ON GRAVIER ROAD On motion of Mr. McHale, seconded by Mr. approved a request from Betty E. Watts to sewer service within a private easement to 11301 Gravier Road. (It is noted a copy of with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Nays: None. 8.B.8 .b. FROM JESSUP FARMS, L.C. TO INSTAL SERVICE WITHIN A PRIVATE EASEMENT JESSUP FARMS, SECTION C On motion of Mr. McHale, seconded by Mr. approved a request from Jessup Farms, L.C. tc sewer service within a private easement to se Farms, Section C. IIt is noted a copy of with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Nays: None. 8.B.8.c. FROM PARKER AND LANCASTER CORPORA ASPHALT DRIVEWAY TO ENCROACH WITH] WIDTH AND SIXTEEN FOOT DRAINAGE E~ LOT 4, GRAVITY HILL AT THE GROVE, On motion of Mr. McHale, seconded by Mr. approved a request from Parker and Lancaster asphalt driveway to encroach within a v~ sixteen foot drainage easement across Lot 4 The Grove, Section 1, subject to the execu' agreement. {It is noted a copy of the plat papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and ~ Nays: None. 8.B.9. CONVEYANCE OF EASEMENT TO VIRGINIA COMPANY TO PROVIDE SERVICE TO THE N~ TRAINING FACILITY On motion of Mr. McHale, seconded by Mr. authorized the Chairman of the Board of Su County Administrator to execute an easemer Virginia Electric and Power Company to inst~ provide service to the new Police and Fire located on Allied Road. Ayes: Warren, Humphrey, Barber, McHale and Nays: None. 00-767 {iller, the Board install a private serve property at the plat is filed [iller. A PRIVATE SEWER TO SERVE LOT 37, ~iller, the Board install a private rve Lot 37, Jessup the plat is filed [iller. 'ION FOR AN iN A VARIABLE ~SEMENT ACROSS SECTION 1 4iller, the Board 2orporation for an riable width and , Gravity Hill at ~ion of a license is filed with the filler. ,LECTRIC AND POWER ,W POLICE AND FIRE ditler, the Board uervisors and the it agreement with 11 power lines to Training Facility [iller. 11/21/00 8.B.10. REQUEST FOR PERMISSION TO STAGE A FIREWORKS DISPLAY ON THE JAMES RIVER NEAR DUTCH GAP On motion of Mr. McHale, seconded by Mr. Miller, the Board approved a permit to stage a fireworks display on the James River near Dutch Gap on December 9, 2000, with a rain date of December 10, 2000. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. The following item was removed from the Consent Agenda for Board discussion: 8.B.2.c. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD INDUSTRIAL DEVELOPMENT AUTHORITY FOR FINANCING OF INDUSTRIAL REVENUE BONDS FOR BON SECOURS HEALTH SYSTEMS Mr. Barber stated that he has accepted a position on the Board of Directors for Virginia HealthSource, an affiliate of Bon Secours Health Systems. He further stated that Mr. Micas has informed him that it does not represent a conflict of interest and he is legally permitted to vote on this agenda item. On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Bon Secours-St. Francis Medical Center, Inc. ("St. Francis Medical Center"), a Virginia nonstock, nonprofit corporation affiliated with Bon Secours Health System, Inc., a Maryland nonstock, nonprofit corporation ("BSHSI"), has facilities located in the County of Chesterfield, Virginia; and WHEREAS, the Industrial Development Authority of the County of Chesterfield (the "Authority"), on November 16, 2000 adopted an inducement resolution (the "Inducement Resolution") wherein the Authority has agreed to issue not to exceed $75,000,000 in aggregate principal amount, excluding any original issue discount, of its Revenue Bonds, Series 2000 (Bon Secours Health System, Inc.) (the "Bonds"), for the benefit of St. Francis Medical Center to: (i) pay or reimburse St. Francis Medical Center for the payment of the costs of acquiring, constructing and equipping certain medical facilities of St. Francis Medical Center (the "Project"), (ii) provide working capital for St. Francis Medical Center, (iii) pay a portion of the interest on the Bonds, (iv) fund a debt service reserve fund and (v) pay certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, the Bonds will be issued pursuant to the Virginia Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), and will be limited obligations of the Authority payable solely from the revenues and receipts derived from payments provided by St. Francis Medical Center, BSHSI, and certain other affiliated corporations; and WHEREAS, on November 16, 2000, pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority held a public hearing concerning the proposed issuance of the Bonds; and 11/21/00 00-768 WHEREAS, the Authority has recommended ~nd requested the Board of County Supervisors (the "Board'~ County, Virginia (the "County") approve th( Bonds to comply with Section 147 f) of the 15.2-4906 of the Act; and WHEREAS, copies of the following documen with the Board: (i) the Inducement Resolutic public hearing published once a week for two ( (iii) a summary of the proceedings of the pu (iv) the fiscal impact statement of BSHSI. NOW, THEREFORE BE IT RESOLVED, by the Supervisors of Chesterfield County, Virginie 1. The Board hereby approves the issuan the Authority for the benefit of St. Francis the extent required by Section 147(f) of th( 15.2-4906 of the Act, to permit the Authorit financing of certain medical facilities of S Center. 2. Approval of the issuance of the Bor Section 147(f) of the Code does not constitu of the Bonds or the creditworthiness of St Center or BSHSI and, as required by Section Act, the Bonds shall provide that neither t Authority shall be obligated to pay the Bone thereon or other costs incident thereto revenues and moneys pledged therefor, and ne~ credit nor the taxing power of the Commonwe the County or the Authority shall be pledgec 3. The Board hereby authorizes and di~ the Board to forward a certified copy of this Authority. 4. This resolution shall take effect im adoption. Ayes: Warren, Humphrey, Barber, McHale and ~ Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MAT~ There were no hearings of citizens on unsch claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. accepted a Status Report on the General Func for Future Capital Projects, District Impr~ Lease Purchases. Ayes: Warren, Humphrey, Barber, McHale and P Nays: None. 11. DINNER On motion of Mr. Miller, seconded by Mr. recessed to the Administration Building, Rool Ayes: Warren, Humphrey, Barber, McHale and ~ Nays: None. 00-769 that ) of Chesterfield issuance of the Code and Section ~s have been filed n; (ii) notice of ~onsecutive weeks; blic hearing; and Board of County 2e of the Bonds by {edical Center, to Code and Section to assist in the Francis Medical ds as required by te an endorsement Francis Medical 15.2-4908 of the ~e County nor the s or the interest except from the .ther the faith or alth of Virginia, thereto. ects the Clerk of resolution to the nediately upon its iller. ERS OR CLAIMS eduled matters or ~arber, the Board Balance, Reserve )vement Funds and iller. ~cHale, the Board 502, for dinner. [ller. ii/2i/O0 Reconvening: 12. INVOCATION Reverend Wayne Mancari, Pastor of Cornerstone Assembly of God gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mr. Paul Brodi, Mr. Shawn Kelly and Mr. Evan Nelms, members of Boy Scout Treop 829, led the Pledge of Allegiance to the Flag ef the United States ef America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING MS. RADA ELLEN OWEN ON HER ATHLETIC ABILITY AND ACHIEVF/qENTS ON A NATIONAL AND INTERNATIONAL SCALE Mr. Kappel introduced Ms. Rada Owen who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Rada Ellen Owen is a 1996 graduate of Manchester High School; and WHEREAS, Ms. Owen went on to win multiple All-America honors at Auburn University; and WHEREAS, Ms. Owen represented the United States in the 2000 Olympics in Sydney, Australia; and WHEREAS, Ms. Owen competed in the 200 meter freestyle and 800 meter freestyle relays; and WHEREAS, this status, along with her diligence and spirit, have brought honor to Chesterfield County; and WHEREAS, such distinction is worthy of recognition by this Beard and by the citizens ef Chesterfield Ceunty, Virginia. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Rada Ellen Owen for her athletic ability and her achievements on a national and international scale, and wishes her well in her future endeavors in swimming and her other career and athletic endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Owen 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. 11/21/00 00-770 Mr. Warren presented the executed resolut accompanied by her parents, congratulated hc achievements, and wished her success in fut~ Ms. Owen expressed appreciation to ths recognition and stated that she looks forwa~ Athens in 2004. 15. REQUESTS FOR MOBILE HOME PERMITS AND R~ ion to Ms. Owen, r on her athletic re endeavors. Board for the d to competing in ,ZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE ~'OLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE ]'HE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE If NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT A¢:CEPT THE ~PPOSITION WILL RECOMMENDATION AND/OR THERE IS PUBLIC BE HEARD AT SECTION 17 01HP0116 In Bermuda Magisterial District, ROY W. AND request landmark designation and amendment map for the SHIRLEY SEMINARY property an{ density of such amendment will be cont~ conditions or Ordinance standards. The C suggests the property is appropriate for r 1.01 to 2.50 units per acre. This re Residential (R-7) District on 1.03 acres and Richmond Street. Tax ID 790-654-0759 (Shec Mr. Jacobson presented a summary of Case 01 that the Preservation Committee and the P1 recommend approval. Mr. Roy Scholt stated that the recommendati There was no opposition present. On motion of Mr. McHale, seconded by Mrs. H approved historic landmark designation for th property and structure, described as follows The property known as Tax ID 790-654-0759 Shirley Seminary structure located on the p Ayes: Warren, Humphrey, Barber, McHale and P ~RGARET N. SCHOLT f zoning district structure. The ;olled by zoning Dmprehensive Plan ~sidential use of ~uest lies in a is known as 12141 t 26). HP0116 and stated arming Commission n is acceptable. mphrey, the Board Shirley Seminary Sheet 26) and the operty. iller. Nays: None. 01SN0119 In Bermuda Magisterial rezoning and amendment District, WALMAC, L.L.C. requests of zoning district map from Light Industrial (I-1) to General Business (C-5). such amendment will be controlled by zoni Ordinance standards. The Cemprehensive ~ preperty is apprepriate for commercial use. en approximately 5.1 acres frenting approxin the nerth line ef Ruffin Hill Road, alse fro line ef Reute 1-95 and is lecated in the her' the intersectien ef these reads. Tax ID 804- (Sheet 35). 00-771 The density of ng conditions or lan suggests the This request lies ~ately 450 feet on .nting on the east ~heast quadrant of -638-2156 and 5183 ii/2i/O0 Mr. Jacobson presented a summary of Case 01SN0119 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Southern and Western Area Plan. Mr. Les Saunders, representing the applicant, stated that the recommendation is..acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 01SN0119 and accepted the following proffered conditions: The first-story facade of any building shall not be constructed of "Dry-Vit". The first-story facades of all buildings shall be constructed of brick or other masonry material. (P) 2. The following C-5 uses shall not be permitted: Fraternal uses Liquor stores Material reclamation, receiving centers-aluminum, glass, plastic and paper products only Tire recapping and vulcanizing establishments Fur dressing and Dyeing Linoleum, asphalt-felt based and other hard surface floor cover manufacturing Mortician's goods manufacturing Paper recycling by the compaction method Rectifying and blending of liquors Wholesaling houses and distributors of alcoholic beverages Wine, brandy and brandy spirits manufacturing. (P) 3. The Public water system shall be used. (U) Prior to issuance of a final certificate of occupancy for any development that is anticipated to generate traffic that warrants a left turn lane at the Ruffin Mill Road Connector/Ruffin Mill Road intersection based on Transportation Department standards, additional pavements shall be constructed along Ruffin Mill Road at the Ruffin Mill Road Connector to provide a left turn lane. The developer shall dedicate to Chesterfield County, free and unrestricted any additional right-of-way (or easements) required for this road improvement. (T) Ail outside storage and loading areas shall be screened from view of limited access roads, in accordance with the screening requirements of the Zoning Ordinance. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 01SN0134 ~/gD 01SN0135 In Matoaca Magisterial District, CHESTERFIELD COUNTY BOA/{D OF SUPERVISORS AlgD CHESTERFIELD PLANNING COMMISSION request Conditional Use Planned Development and amendment of zoning district map to permit exceptions to Zoning and Subdivision Ordinance requirements. The density of such amendment will be 11/2i/00 00-772 controlled by zoning conditions or Ordinano Comprehensive Plan suggests the property rural conservation area use. This req~ Agricultural (A) District en 119.5 acres ftc places for a total of approximately 1,150 fee of Moseley Road, approximately 8,450 feet no~ Road. Tax IDs 688-680-5190; 689-679-3986 a 3654 and 8497; 689-681-2037; 689-682-3510; 5980; and 690-681-0614 (Sheets 8 and 14). Mr. Jacobson presented a summary of Cases 01SI and stated that the Planning Commission an~ approval subject to conditions. Mr. Miller stated that he owns stock in two c( either mortgages or deeds of trust for two involved in the subject case. He further sta has informed him that his ownership interest , a conflict of interest and he is legally per this case. Mr. Kirk Turner, representing the applicant recommendation is acceptable. He noted "Skitch" Rudy is present at the meeting, affected property owners. When asked, Mr. Rudy stated that the propert5 the Planning Commission's recommendation. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. approved Cases 01SN0t34 and 01SN0135 subject conditions: The parcels identified as A through D s the plat prepared by Balzer and As: September 12, 2000 and entitled "Compil( Parcels Lying North of Moseley Road", sh conformance with this plat. Building permits shall not be issued parcel until such time as all Tax ID~ parcel have been combined and recorded a Provided, however, that all parcels shal and recorded with in six (6) months o this request. Parcels may, however, be that shown on the plat provided suc conforms to the Zoning and Subdivision With approval of this request, a five ~ to the forty (40) foot required side y fifty-eight (58) foot exception to the front yard setback for the principal bt Tax ID 689-679-6485 (Parcel A) shall be a seventy-one (71) foot exception to the front yard setback for the principal bt Tax ID 690-680-5496 (Parcel F) shall b~ Ayes: Nays: Warren, Humphrey, Barber, McHale an¢ None. 00-773 standards. The appropriate for est lies in an nting in four (4) ~ on the west line ;th of Skinquarter nd 6485; 689-680- 690-680-5496 and ~0134 and 01SN0135 staff recommend mpanies that hold of the properties ~ed that Mr. Micas Joes not represent mitted to vote on , stated that the that Mr. Oliver representing the owners agree with McHale, the Board to the following nd F through G on ociates, revised d Plat of Several ~11 be recorded in ~n any individual comprising such a single parcel. _1 be reconfigured the approval of reconfigured from ~ reconfiguration Ordinances. (P) 5) foot exception ard setback and a required 150 foot tilding located on granted. Further, required 150 foot lilding located on granted. (P) Miller. il/2i/O0 16. PUBLIC HEARINGS 16.A. TO CONSIDER PROPOSED CHARTER AMENDMENTS Mr. Micas stated that this date and time has been advertised for a public hearing to consider proposed Charter amendments to be taken to the 2001 General Assembly. No one was present to speak to the ordinance. When asked, Mr. Micas stated that the references to State Code being changed in the County Charter do not represent a substantive change. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 2.1, 4.2, 5.1, 6.7, 7.4, 7.6 AND 7.7 OF THE CHARTER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 2.1, 4.2, 5.1, 6.7, 7.4, 7.6 and 7.7 of the Charter of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: 2.1. General grant of powers. The powers set forth in title 15.2 of the Code of Virginia and all other powers which are now or may be conferred upon or delegated to counties under the Constitution and laws of the Commonwealth and all other powers pertinent to the conduct of a county are hereby specifically conferred upon the County of Chesterfield, and no enumeration of particular powers in this charter shall be held to be exclusive but shall be held to be in addition to this general grant of powers. The scope of all powers conferred by this charter shall be liberally interpreted so as to best effectuate the responsibility of the board of supervisors to perform its duty to govern the county. o o o 4.2. Duties and responsibilities. The county administrator shall have all the responsibility and shall carry out all the duties prescribed by ~15.2-407 of the Code of Virginia, as now and hereafter may be amended and in addition, such other duties and responsibilities as may be established by the board of supervisors. o o o 5.1. Fiscal year. The fiscal year of the county shall begin on the first day of July of each year and shall also constitute the budget and accounting year. Except as provided for in this charter, the provisions of title 15.2 of the Code of Virginia shall control the preparation, consideration, adoption and execution of the budget of the county. 11/21/00 00-774 o o o § 6.7. Department of police. The police department shall be compos police and such officers, patrolmen and othe] board of supervisors may determine. The pow( forth in ~§15.2-1704 and 15.2-1710 of the shall apply to the police force. The chief ~ responsible for the immediate direction an department. The chief shall solely, within subject to the other provisions herein, promote, and terminate such officers, patrol He shall also select, employ, promote and tel warden and his deputies, provided that all ol §3.1-796.104 of the Code of Virginia remair chief may adopt rules and regulations for the in the same manner as rules and regulation: other departments. o o o 7.4. Planning department. The planning department shall be compose planning and such employees as the board o determine. The planning department sba responsibilities as are imposed by general assigned by the planning commission and boar The director of planning shall have immedi control of the department, shall be appoint administrator and shall serve subject to ti conditions as are applicable to other depa~ addition to the authority granted to the appeals pursuant to §15.2-2309 of the Code board of supervisors by ordinance may authori planning to grant a variance of not more than any building setback requirement contained zoning or subdivision ordinance if he find~ that the strict application of the ordinai ~d of a chief of ~ employees as the ~rs and duties set Code of Virginia if police shall be d control of the ~is discretion and select, employ, ten and employees. ?minate the animal ~her provisions of in effect. The police department are adopted for of a director of ff supervisors may 11 perform such Law and as may be d of supervisors. ate direction and ed by the county .e same terms and }tment heads. In board of zoning of Virginia, the ze the director of two (2) feet from in the county's in writing; (i) ce would produce undue hardship; (ii) that such hardship is hOp shared generally by other properties in the same zoning distriNt and in the same vicinity; and (iii) that the authorizatio~of such variance will not be of substantial detriment to adjScent property and that the character of the zoning district wi by the granting of the variance. o o o 7.6. Substantial accord review of county Any public area, facility or use owned Chesterfield within its territorial limit approved by the board of supervisors followin held pursuant to the county's zoning ordinan( from the requirement for submittal to and county's planning commission or governing hod of the Code of Virginia, so long as such publ or use remains subject to the requiremen- ordinance. 00-775 11 not be changed facilities. by the County of which has been a public hearing ~e shall be exempt approval by the under ~15.2-2232 _ic area, facility ~s of the zoning ii/ei/O0 7.7. Transportation improvement districts. The board of supervisors may create transportation improvement districts relating to interstate, primary and secondary roads in commercial or industrial areas, subject to the procedures, conditions and limitations provided in chapter 47 of title 15.2 of the Code of Virginia, to the extent that such procedures, conditions and limitations are not inconsistent with the authority granted by this section. The provisions of ~15.2-4526 and 15.2-4533 of the Code of Virginia shall apply, mutatis mutandis. The petitions required to create or enlarge a district must be signed by fifty-one (51) percent of the owners of land within the proposed district. Each district which may be created shall include only one highway project, and the boundaries of one district may not overlap those of any other district. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16 .B. TO CONSIDER THE TAX EXEMPTION REQUEST OF THE KIWANIS CLUB OF CHESTER, INCORPORATED FOUNDATION Mr. Micas stated that this date and time has been advertised for a public hearing to consider the tax exemption request of the Kiwanis Club of Chester, Incorporated Foundation. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF THE KIWANIS CLUB OF CHESTER, INC. FOUNDATION AS EXEMPT FROM TAXATION BY THE GENERAL ASSEMBLY OF VIRGINIA WHEREAS, Kiwanis Club of Chester, Inc. Foundation is a non-stock, non-profit corporation which provides public services to underprivileged citizens of the County, including scholarships to graduating seniors of Chesterfield County Public Schools; and WHEREAS, Kiwanis Club of Chester, Inc. Foundation owns real property located in the Bermuda Magisterial District of Chesterfield County, Virginia at 12321 Richmond Street in Chester; and WHEREAS, real property used exclusively for public park and playground purposes by a qualifying organization shall be exempt from taxation as authorized by Article X, Section 6(a) (6) of the Constitution of Virginia, upon action by the General Assembly of Virginia and so long as such organization is operated not for profit and the property so exempt is used in accordance with the purpose for which the organization is classified; and WHEREAS, the Board of Supervisors of Chesterfield County, Virginia has considered the following factors before the adoption of this resolution in support of the tax exempt status of the Kiwanis Club of Chester, Inc. Foundation as follows: 00-776 1. The Kiwanis Club of Chester, In exempt from federal income taxation pursuant of the Internal Revenue Code of 1986. 2. No current annual alcoholic beve serving alcoholic beverages has been issuec Alcoholic Beverage Control Board to the Chester, Inc. Foundation for use on th property. 3. No director or officer of the Chester, Inc. Foundation is paid any compens~ the value of the services performed in such corporation. 4. No part of the net earnings of th Chester, Inc. Foundation inures to the individual. 5. The Kiwanis Foundation, Inc. prov the common good of the public. 6. No part of the activities of the Chester, Inc. Foundation involves carrying otherwise attempting to influence legislation does not participate in, or intervene i~ campaign on behalf of any candidate for publ 7. The Kiwanis Club of Chester, Inc. rule, regulation,' policy or practice which di basis of religious conviction, race, color, origin. 8. This year the above-mentioned prop( a value of $60,000 and generated $684.00 in ( tax. In 1999, the property generated $684.C estate taxes. NOW, THEREFORE BE IT RESOLVED, by the Bo of Chesterfield County as follows: 1. That this Board supports the reque Club of Chester, Inc. Foundation for exemptio its real property pursuant to Article X, Sect Constitution of Virginia and the provisions Title 58.1 of the Code of VirGinia, 1950, as such exemption should be categorized as playground. 2. That the County Administrator is d~ a certified copy of this resolution to thc Chester, Inc. Foundation, so that they i legislation be introduced in the 2001 Get achieve the purposes of this resolution. 3. The effective date of this res November 21, 2000. Ayes: Warren, Humphrey, Barber, McHale and Nays: None. 00-777 s. Foundation is to Section 501(c) rage license for · by the Virginia Kiwanis Club of e organization's Kiwanis Club of .tion in excess of ~osition with the Kiwanis Club of benefit of any des services for Kiwanis Club of on propaganda or The corporation , any political ic office. Foundation has no ~criminates on the ender or national rty is assessed at lounty real estate 0 in County real ~rd of Supervisors ~t of the Kiwanis from taxation of on 6(a) (6) of the of Chapter 36 of amended, and that public park and rected to forward Kiwanis Club of lay request that eral Assembly to slution shall be [iller. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 01SN0117 In Matoaca Magisterial District, SBA COMMUNICATIONS CORPORATION requests Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for 1.0 to 5.0 acre residential lots. This request lies on 6.0 acres fronting approximately 70 feet on the east line of Cattail Road, approximately 1,120 feet south of Reedy Branch Road. Tax ID 763-632-Part of 7515 (Sheets 33 and 40). Ms. Beverly Rogers presented a summary of Case 01SN0117 and stated that staff recommended denial because of the proximity of the proposed tower site to existing and proposed roads. She further stated that, to address the recommendations of the tower siting policy, the Planning Commission and Board have required a setback of approximately 1,000 feet from existing roads located in the areas planned for residential development. She stated that the Planning Commission recommends approval subject to conditions and indicated that it was the consensus of the Commission that the site is located in a rural area that is not anticipated to be developed in the near future. When asked, Ms. Rogers stated that the proposed thoroughfare roads will probably be built as the property is developed for some future use; there is no development currently planned for which the tower would be an obstruction; and the edge of the proposed tower site is approximately 900 feet from Cattail Road and approximately 850 feet from proposed roads. Mr. Steve Romine, representing the applicant, stated that the Planning Commission's recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 01SN0117 subject to the following conditions: There shall be no signs permitted to identify this use. o The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval. (?) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review or prior to release of a building permit, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location, height and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved 00-778 by, the Chesterfield County Communicatio staff. (GS) The developer shall be responsible fc frequency problems which affect the Ch Public Safety Trunked System caused b5 corrections shall be made immediately up the Chesterfield County Communication~ staff. (GS) The color and lighting system for the follows: The tower shall be gray or anoth, acceptable to the Planning Departu If lighted, lighting during dayli~ limited to medium intensity st~ ~s and Electronics ,r correcting any esterfield County · this use. Such }n notification by and Electronics .ower shall be as r neutral color, ont. ht hours shall be ~obe lights with upward reflection and lighting curing night time hours shall be limited to soft bl nking lights. c. The tower shall be of a monopole Any building or mechanical equipment Sections 19-570 (b) and (c) and 19- Ordinance relative to screening of mec and architectural treatment of buildinc (NOTE: Section 19-570 (b) and (c) screening of mechanical equipment accessory boxes located on the buildi adjacent properties and public rights would not be required for the tower equipment.) At such time that the tower ceases communications purposes for a period exc consecutive months, the owner/develope and remove the tower and all associated property. (P) In conjunction with the approval of this nine {49) foot exception to the 150 foot shall be granted. (P) A minimum 100 foot buffer shall be mair perimeter of the tower site. Access and use, which may be extended generally per this buffer, shall be permitted in thi this buffer, existing healthy trees caliper ef 2.5 inches shall be maintai shall be supplemented where necessary views ef the tower and associated equip~ esign. (P) shall comply with 5'95 of the Zoning hanical equipment exteriors. (P) }uld require the nd junction and ~g or ground from f way. Screening or tower-mounted to be used for eeding twelve (12) r shall dismantle equipment from the request, a forty- height limitation rained around the ntilities for this ~endicular through ~ buffer. Within having a minimum ned. These trees to minimize the ~ent from adjacent properties and public rights of way. Additional plantings shall consist of species of trees ~aving an average minimum mature crown spread of greate~than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum density o~ one (1) tree for each 300 square feet of cleared_area. I site plan submission, or pri%r to ~'{ building permit, whichever occurs fir plan depicting this requirement shall b, Planning Department for review and app: Ayes: Warren, Humphrey, Barber, McHale and Nays: None. 00-779 conjunction with .he releas~ of a ~t, a landscaping ~ submitted to the ;oval. (P) Iiller. 18. AD JOURNMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adjourned at 7:16 p.m. until December 20, 2000 at 1:00 p.m. for a reception and session with members of the School Board. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Arthur S. Warren Chairman 11/2i/00 00-780