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03-13-2002 MinutesBOARD OF SUPERVISORS MINUTES March 13, 2002 Supervisors in Attendance= Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator 02- 163 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. 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 Mr. William W. Davenport, Commonwealth's Attorney Ms. Rebecca Dickson, Dir., Budget and Management Mr. William 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, Mgr., Community Development Services Mr. Thomas E. Jacobson, Dir., Planning Mr. H. Edward James, Dir., Purchasing Mr. Donald Kappel, Dir., Public Affairs Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr F. O. Parks, Dir., Information Systems Tech. Mr Paul D. Patten, Assessor Mr Francis Pitaro, Dir., General Services Ms Cindy Smith, Asst. Dir., Risk Management Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., 03~13/02 Deputy Co. Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Sheriff Clarence Williams, Sheriff's Department Mr. Scott Zaremba, Asst. Dir., Human Resource Mgt. Mr. Miller called the regularly scheduled meeting to order at 3:37 p.m. 1. APPROVAL OF MINUTES FOR FEBRUAK~ 27, 2002 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of February 27, 2002, as amended. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Ms. Curtin presented an update on various legislative issues of interest to the county. She stated that the county's Charter amendment was approved by both the House and Senate, and she anticipates it will be signed by Governor Warner. She further stated that the legislative request to clarify issues related to vested rights was not introduced. She stated that the county's request for a Joint Legislative Audit Review Commission (JLARC) study relative to increased Medicaid reimbursement rates for community services boards did not come to fruition because of decreased JLARC staffing. She further stated that a bill was introduced relative to impact fees for residential development, but was passed by indefinitely. She stated that Senate Bill 643, which was approved by both the Senate and House, will permit the Lucy Corr Village to convert 16 assisted, living beds into nursing beds which will facilitate the use of those beds and improve the bottom line for the facility. She stated that Senate Bill 433 relative to the Underground Utility Damage Prevention Act has passed both the House and Senate, and House Bill 1212 relative to manufactured housing was continued to 2003 in committee. She noted that the General Assembly also adopted a resolution commending Mr. Eddie Heussler who attempted to rescue a county citizen from a burning building. She stated that a bill was introduced the day before the end of the session and was approved by both the Senate and House, which would allow localities to attach a fee on various court cases to offset the cost ,of courtroom security. Mrs. Humphrey requested that the Board be notified of any correspondence or activity relative to House Bill 1212. Discussion ensued relative to 'the legislature passing by indefinitely the bill relative to impact fees for residential development. Mrs. Humphrey stated that the Fire and Emergency Services and Police Departments are searching for the availability of federal funding for terrorist activities. She requested that, now that the General Assembly session has ended, Ms. Curtin make herself available to the county's Congressional representatives .as a resource relative to federal issues. 02- 164 03/13/02 Mr. Ramsey stated that the Swift Creek Reservoir is at its lowest level ever for this time of year. He introduced Mr. Bryant to provide a brief update of the drought situation in the county. Mr. Bryant stated that staff is in the process of developing some voluntary conservation measures for the Board's consideration. He further stated that the Appomattox River Water Authority has indicated that Lake Chesdin is full and, therefore, no action is necessary to reduce demand on the plant at this time. He stated that, because Richmond, Henrico and Hanover are experiencing the same difficulties, the conservation efforts will hopefully be implemented on a regional basis. He further stated that, if the weather continues to stay as dry as it has been, it may be necessary to consider mandatory restrictions on water use, and indicated that staff is exploring how the restrictions can be phased in if they become necessary. When asked, Mr. Ramsey stated that the voluntary conservation measures, such as odd/even days for car washing and lawn watering, are scheduled for implementation April 1, 2002. When asked, Mr. Bryant stated that approximately 4.5 million gallons of water is being removed from Swift Creek daily. He further stated that the Courthouse Tank has been taken out of service for routine repairs and service and indicated that after its return to service, staff plans to further reduce the output from Swift Creek. Mr. Warren encouraged Mr. Bryant to communicate staff's plans for transporting water from Lake Chesdin and the City of Richmond to make up the difference for the Swift Creek deficiency. Mr. Ramsey stated that the county is fortunate to have three major water supplies, and noted that the Appomattox Water Authority is in better shape at this time than any water system in Central Virginia. He further stated that reduced production at Swift Creek will result in the transfer of additional water from Appomattox, and indicated that this will be the determining factor of the conservation efforts, rather than the supply issue. When asked, Mr. Ramsey stated that the county has the ability to interconnect any part of the system from any one of the three water supplies. 3. BOARD CO~ITTEE REPORTS There were no Board committee reports at this time. 4. REQUESTS TO POSTPO~ ACTION, ADDITIONS, OR CF~NGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board deleted Item 5., Resolution Recognizing CJW Medical Center on Being Rated One of the Top Medical Centers in the Country; deleted Item 8.B.7., Approval of Extension for the Planning Commission to Study the Adult Day Care Ordinance as Part of Residential Zoning Review; added Item 8.B.12., Award of Multiple Professional Services Annual Contracts Relative to Utilities Engineering Services to R. Stuart Royer and Associates, Incorporated; Michael Baker, Jr., Incorporated; 02- 165 03/~3/02 Whitman, Requardt and Associates, LLP; Greeley and Hansen, LLP; and %IRS Corporation; added It.em 8.B.13., Withdrawal of Referral to Planning Commission of Consideration of Amendments to the Zoning Ordinance Regarding Adult Day Care; added Item 8.B.14., Instruct Planning Commission to Hold Public Hearing on April 16, 2002 to Consider and Make Recommendation on Ordinance Amendments Relating to Planning Fees and Set Board Public Hearing for April 24, 2002; added Item 10.C., Closed Session 1) Pursuant to Section 2.2- 3711.A.1, Code of Virginia, 1950, as Amended, Relating to the Performance of a Specific Employee of the County; 2) Pursuant to Section 2.2-3711.A.7, Code of Virginia, 1950, as Amended, for Consultation with Legal Counsel Regarding Specific Legal Matters Requiring the Provision of Legal Advice Relating to the Fixed Base Operator Lease for the Chesterfield County Airport; and 3) Pursuant to Section 2.1-344A.3., Code of Virginia, 1950, as Amended, to Discuss the Acquisition of Real Estate for a Public Purpose Where Discussion in an Open Meeting would Adversely Affect the Bargaining Position or Negotiating Strategy of the Public Body; and adopted the Agenda, as amended. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions or special recognitions at this time. 6. WORK SESSIONS o FY2003 PROPOSED BUDGET iNCLUDIN~ PRESENTATIONS FROM THE MANAGEMENT SERVICES DIVISION AND CONSTITUTIONAL OFFICERS Ms. Dickson presented an overview of the County Administrator's proposed FY2003 expenditure budget. She reviewed percentage of increase in. demand for services from FYgl through FY2001; FY2000 expenditures per capita; and FY2001 employees per 1,000 population. She then reviewed the proposed FY2003 tax rates and stated that the advertisement of the real estate tax rate at $1.08 would enable the Board to adopt $1.08 or something lower on April 10, 2002. She noted that no other tax rates are proposed to change in the upcoming budget. She reviewed FY2002 adopted and FY2003 projected local taxes per capita. She stated that primary considerations in preparation of the FY2003 budget included continued funding of new facilities approved in the 1996 bond referendum; attempting to address reductions in funding from the state; placing priority in the areas of education, public safety and human services; and maintaining commitment to employees by providing for a three percent merit increase and 50 percent of the healthcare rate increase. She further stated that the proposed FY2003 budget totals $798,903,800 and noted that the general fund represents 35.3 percent of the total budget and the school budget represents 51.8 percent. She reviewed general fund[ FY2003 projected revenues versus FY2002 adopted revenues and FY2003 estimated expenditures versus FY2002 adopted expenditures. When asked, Ms. Dickson stated that the proposed increase in transfer to schools totals approximately $12.9 million in local new funding. She then reviewed budget initiatives which support the strategic goal of being exemplary stewards of the public trust, including adhering to financial objectives established by the Board; maintaining the county's AAA bond rating; supporting a six-year $572.7 million proposed Capital Improvement Program which completes projects approved in the November 1996 bond referendum and begins 02- 166 establishing projects for the next referendum; and funding the Reserve for Future Capital Projects at five percent of projected general governmental expenditures, thereby reducing dependence on debt. She reviewed budget initiatives relative to the strategic goal of being the safest and most secure community of its size in the USA, including funding 18 Firefighter positions and providing operating expenses for the new Winterpock Fire Station; providing for enhanced Emergency Medical Services including a quick response vehicle, additional firefighters at three stations (nine firefighters) and two medflight paramedics; providing for enhanced compensation plans in Police, Fire and Sheriff Departments; providing for final increase to local match for Federal Law Enforcement Grants for Police Officers salaries; providing funds for opening of new/expanded Juvenile Detention Home; providing career development funds in public safety departments; adding funds for overtime costs and ongoing maintenance costs for security system at the Juvenile and Domestic Relations Court in the Sheriff's Department; providing funds to cover the cost of higher regional jail per diems due to increasing prisoner counts; replacing grant funds lost in order to continue the Domestic Violence Prosecutor in the Commonwealth Attorney's office; providing additional funds to conduct background checks for new county employees and county volunteers working with youth; and providing full year operating funds for the new Juvenile and Domestic Relations Court Building. She then reviewed budget initiatives which support the strategic goal of being the employer of choice including providing for a three percent performance-based merit increase for eligible employees; covering 50 percent of the health care increases for employees; continuing career development programs in public safety; a three-year Technology Improvement Program with commitment in FY2003 for countywide technology initiatives; committing additional funds for Chesterfield University, improving access to training opportunities and providing career enhancement opportunities for employees; and continuing the county's commitment to aging government facilities. She reviewed budget initiatives relative to the strategic goal of being acknowledged for its extraordinary quality of life, including allocating approximately 69 percent of net property tax revenue to schools, and providing an increase of approximately $13 million in local funds; funding the operating costs of new park facilities and programs and maintaining the annual capital equipment replacement fund in Parks and Recreation; pro¥iding for the expansion of the curbside recycling program to all single family homes; committing funds to various Human Services areas; continuing the maintenance of existing residential BMP's countywide; providing for an environmental program to assist in protecting the community and proactively responding to environmental issues; and continuing the tax relief for the elderly program. When asked, Ms. Dickson stated that the county is not operating its tax relief for the elderly program at the maximums allowed by the state. She further stated that if the county were to operate with the allowable maximums, the program would cost an additional $3 million to implement. She then reviewed initiatives to support the strategic goal of being exemplary stewards of the public trust, including continuing implementation of the Chesterfield Development Information System; including funds for Economic Development opportunities; and continuing targeted tax reductions such as enterprise zone and Business and Professional Occupational License Tax reductions. She stated that the proposed FY2003 budget continues the county's commitment to regional organizations, but noted there is an approximately 20 percent reduction in support of those organizations. When asked, Ms. Dickson stated that she will provide the Board members with information relative to state funding of 02- 167 non-profit organizations who also receive county funding within a few days. She reviewed FY2003 General Fund sources and FY2003 General Fund uses. When asked, Ms. Dickson stated that the decrease in debt service represents deferral of two significant projects - a new financial system and the local jail renovation. She reviewed new positions and possilble FY2003 state budget impacts. She the reviewed state budget reductions and the county budget adjustments that had already been proposed to address these reductions. Discussion ensued relative to reduced state funding for Libraries and Constitutional Officer's. When asked, Ms. Dickson stated that the budget reductions from the state did not identify which specific positions should be deleted. Mr. Ramsey stated that detailed budgets will be provided to the Constitutional Officers by the Compensation Board in May 2002. Ms. Dickson reviewed state budget reductions where no county budget adjustments are recommended, including Drug Court; Substance Abuse Reduction Effort .(SABRE); Virginia Juvenile Community Crime Control Act (VJCCCA); Health Department; Social Services; Mental Health/Mental Retardation/Substance Abuse; Juvenile Detention Home; and Project Exile. She provided a summary of budget adjustments including a $601,000 revenue adjustment; $463,000 in additional expenditure adjustments; and $138,000 in possible total expenditure adjustments. She noted that if the County Administrator's planning fee proposal is not adopted and the Planning Commission's proposal is adopted, an additional $153,000 in revenue or expenditure adjustments would be necessary, for a total of $291,000 in expenditure adjustments. She stated that it may be necessary to utilize expected surplus from fund balance and possibly hold some expenditures in abeyance at the beginning of FY2003. Mr. Ramsey stated that many of the state budget reductions were anticipated in the preparation, of the budget. He stated that, at this point, the budget is basically $300,000 out of balance which he feels is actually good news considering the pain involved in reaching that amount. When asked, Ms. Dickson stated that the FY2003 general fund proposed budget represents a 5.6 percent increase over the FY2002 adopted budget, and the total proposed FY2003 budget represents a 4.3 percent increase over the FY2003 adopted budget. She further stated that revenues and expenditures have increased by $26.6 million. She stated that no new programs are planned for the proposed budget. Discussion ensued relative to additional revenue projected for the Schools' budget. When asked, Ms. Dickson stated that the School Board will receive approximately $25 million in additional revenue and indicated that the School's FY2003 budget is projected to increase approximately seven percent. She reviewed priority items after results of operations, includin~ addressing potential state reductions in selected areas; Parks and Recreation field restoration and maintenance; and books and electronic resources in Libraries. She introduced Mr. Stegmaier to make the next budget presentation. MANAGEMENT SERVICES DIVISION 02- 168 03/~3/02 Mr. Stegmaier presented an overview of the proposed FY2003 budget for Management Services. He stated that the proposed budget totals $72,240,200, representing approximately a five percent increase from the adopted FY2002 budget, most of which is in the area of courts and criminal justice reflecting that public safety is a high priority for the provision of county services. He reviewed FY2003 proposed budgets for the Community Services area of Management Services and noted that revenues generated at the County Airport cover the cost of the operations. He then reviewed the FY2003 proposed budgets for the Courts and Criminal Justice area of Management Services and stated that resources have been added to the Circuit Court Clerk's Office to support Drug Court and the addition of judges last year. He further stated that the proposed increase for the Juvenile and Domestic Relations Court is a result of operating expenses related to moving into the new facility. He stated that the major increase for all of the budgets in the area of Courts and Criminal Justice is due to increased population at Riverside Regional Jail. Discussion ensued relative to the costs involved because of the delay in the state moving its prisoners from the Riverside Regional Jail facility. Sheriff Williams came forward and stated that after a prisoner is sentenced, the Circuit Court Clerk has 30 days to notify the Department of Corrections that the prisoner has been sentenced and is a state inmate. He further stated that there have been delays in that area across the entire state and indicated that, after notification, the state has 60 days to get the prisoner out of the county's system. He stated that the state reimburses the county $8.00 per day during that time period and also reimburses $16.00 per day for anything over 60 days. He further stated that delay in paperwork appears to be an issue across the whole state and indicated that the Liaison Committee to the Department of Corrections will address the issue at its next meeting. Mr. McHale suggested that the Sheriff work with the Circuit Court Clerk's Office to improve the process of state classification of prisoners. Mr. Ramsey indicated that the issue is a workload issue, not necessarily a process issue, and that the Clerk, with the assistance of temporary personnel, is working on it. He further noted that the Clerk's Office is understaffed by the Compensation Board. Mr. Stegmaier reviewed the FY2003 proposed budgets in the financial and support areas of Management Services. He stated that an energy management position has been added to General Services - Administration, and indicated that the position has already paid for itself by identifying opportunities to save energy costs. He further stated that the increase in Communications Maintenance is related to bringing on the new Public Safety Communications System. He reviewed strategic accomplishments of Management Services departments in the areas of exemplary stewardship, customer service, and being an employer of choice. He stated that community involvement is encouraged for Management Services employees, and indicated that inspired employees make the Management Services team national leaders in each of their respected areas. Mr. Warren commended Mr. Stegmaier for the excellent presentation and stated that he feels it could be presented to business groups to show how county government is becoming more like a business and operating towards efficiency. 02- 169 03/~3/02 Mr. Miller and Mrs. Humphrey also commended Mr. Stegmaier for the excellent presentation. Discussion ensued relative to the ]possibility of allowing the Print Shop to provide services for outside customers. Mr. Ramsey stated that there are legal issues involved with providing services for outside organizations. COMMONWEALTH ATTORNEY'S OFFICE Mr. Davenport presented an overview of the Commonwealth Attorney's proposed FY2003 budget. He expressed concerns relative to state budget reductions for Project Exile. He provided a comparison of the difference between the number of courtrooms, judges and prosecutors in Chesterfield and Henrico, and stated that the county does more with less resources because it has a seasoned group of prosecutors who can handle the continually growing dockets. He further stated that a Juvenile Court Judge was added last year, but not an additional prosecutor. He stated that the Project Exile Prosecutor's caseload is growing, and indicated that because of state budget reductions, it may be necessary to return to the Board for additional funding for the Project Exile Prosecutor and his secretary for the second half of the fiscal year. He further stated that staff is attempting to secure federal grants to assist with the funding of the Project Exile Prosecutor. He stated that the Commonwealth Attorney's Office is committed to being good stewards of the public trust even with limited resources. When asked, Mr. Davenport stated that the caseload is increasing approximately seven percent annually. He further stated that the addition of police officers has led to more warrants and, therefore, more court cases. Mrs. Humphrey expressed concerns 'that funding continue for the domestic violence attorney. Mr. Davenport stated that, with the assistance of the Juvenile and Domestic Relations Court, his office has been able to reduce the amount of time between the arrest and court date in domestic violence cases from 120 days to under 30 days. Mr. Miller expressed appreciation to Mr. Davenport for his presentation. SHERIFF'S OFFICE Sheriff Williams presented an overview of the proposed FY2003 budget for the Sheriff's Office. He stated that the Sheriff's Office is not asking for any additional funding for FY2003. He reviewed potential revenue from Senate Bill 406, which allows a jail processing fee up to $25 for all inmates, and Senate Bill 693, which authorizes an additional $5 for each court case in the county. Discussion ensued relative to Board action necessary to adopt the fees for jail processing and additional court costs. Sheriff Williams reviewed nationwide and statewide jail populations, as well as local jail populations. He stated that the increased populations are due to additional police officers and, therefore, more arrests. He reviewed the Virginia Law Enforcement Professional Standards Commission (VLEPSC) accreditation efforts, stating that the accreditation is approximately 75 percent complete and indicated that the target for completion is January 1, 2003. 02- 170 03/13/02 He stated that, once accredited, Chesterfield County will join Fairfax County as the only jurisdictions in the Commonwealth with both an accredited police department and sheriff's office. He reviewed initiatives relative to strategic goal priorities, and also reviewed major issues, including courthouse security and the substantial accord process and current site plan for replacement of the local jail. Mr. Miller thanked Sheriff Williams for addressing the Branches Trace citizens' concerns relative to construction of the new jail. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved the following streetlight installations: CLOVER HILL DISTRICT Lake Genito Subdivision, intersection of Clintwood Road and Gravier Road Cost to install streetlight: $3,807.21 Forestdale Subdivision, intersection of Cheltenham Drive and Forestdale Drive Cost to install streetlight: $3,188.38 DALE DISTRICT * Meadow Creek Subdivision, in the cul-de-sac of Meadow Glen Lane, in the vicinity of 3207 Cost to install streetlight: $416.68 Seaview Subdivision of The Highlands, intersection of Seaview Court and Seaview Drive Cost to install streetlight: $3,608.00 Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B. CONSENT ITEMS 8.B.1. AWARD OF CONTRACT TO DIVERSIFIED AMBULANCE BILLING, INCORPORATED FOR THE PROVISION OF AMBULANCE BILLING SERVICES TO THE COUNTY AND ETTRICK-MATOACA VOLUNTEER RESCUE SQUAD On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract, in a form approved by the County Attorney, with Diversified Ambulance Billing, Incorporated for the provision of emergency ambulance transport billing services to the county and Ettrick-Matoaca Volunteer Rescue Squad. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 171 03/13/02 8 .B.2. APPROVAL OF CHANGE ORDER FOR CONSTRUCTION CONTRACT FOR THE MIDLOTHIANWATER T~-K AND PUMP STATION OFFSITE WATERLINE PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved Change Order Number Two to the construction contract with Hypes Excavating, Incorporated, in the amount of $24,444.02, for County Project Number 99-0122, Midlothian Water Tank and Pump Station Offsite Waterline Project, and authorized the County Administrator to execute the necessary documents. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.3. SET DATES FOR PUBLIC HEARINGS 8.B.3 .&. TO CONSIDER ORDINANCE AMENDNENTS REGARDING THE LOCATION AND REGULATION OF ADULT USES On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of April 10, 2002 at. 7:00 p.m. for a public hearing to consider ordinance .amendments regarding the location and regulation of adult uses. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.3.b. TO ADOPT THE CONSOLIDATED EASTERN AREA PLAN, AN AMENDMENT TO THE COUNTY'S COMPREHENSIVE PLAN, AND TO AMEND THE ZONING ORDInaNCE RELATING TO DEVELOPMENT STANDARDS On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of May 22, 2002 at 7:00 p.m. for a public hearing to consider adoption of the Consolidated Eastern Area Plan and Development Standards for the Route 10 Corridor East, the Old Stage and Coxendale Roads Corridor, and the Enon Core District. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.3.c. TO CONSIDER THE 360 WEST CORRIDOR ARCHITECTURAL STANDARDS On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of April 10, 2002 at 7:00 p.m. for a public hearing to consider architectural standards for the 360 West Corridor. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.4. REQUEST FOR PERMISSION FROM LANE B. WEST, JR. AND PAMELA J. WEST TO CONSTRUCT A GARAGE WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 9, BLOCK D, LAKE CRYSTAL FARMS, SECTION E On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Lane B. West, Jr. and Pamela J. West for permission to construct a garage within a sixteen-foot 02- 172 03/13/02 drainage easement across Lot 9, Block D, Lake Crystal Farms, Section E. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.5. 8.B.5.a. REQUESTS TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS THE PROPERTY OF G AND H VENTURES, LLC On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sixteen-foot drainage easement across the property of G and H Ventures, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.5.b. A PORTION OF A VARIABLE WIDTH DRAINAGE EASEMENT (PUBLIC) ACROSS THE PROPERTY OF WILLIAM B. AND GENE On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width drainage easement (public) across the property of William B. and Gene H. DuVal. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.6. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR UNDERGROUND CABLE TO SERVE THE NEW ADDITION TO GRANGE HALL ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve the new addition to Grange Hall Elementary School. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.8. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.B.8.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO INSTALL FOUL BALL NETTING ON THE EXISTING BASEBALL FIELD FENCE AT MEADOWBROOK HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $4,000 from the Dale District Improvement Fund to the Parks and Recreation Department to install foul ball 02- 173 netting on the existing baseball field fence at Meadowbrook High School. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.8.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO INSTALL A MESSAGE BOARD AT MATOACA ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $2,500 from the Matoaca District Improvement Fund to the School Board to install a message board at Matoaca Elementary School. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.9. ADOPTION OF RESOLUTION DESIGNATING PROJECTS FOR THE FY2003 CHESTERFIELD ROAD F~ND On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution designating projects for the FY2003 Chesterfield Road Fund: WHEREAS, section 33.1-75 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to 25% or $500,000 whichever is greater of funds received by it during the current fiscal year pursuant to the "State and Local Fiscal Assistance Act of 1972" for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; and WHEREAS, the Chesterfield County Board of Supervisors anticipates appropriating $500,000 for the Chesterfield Road Fund with the adoption of the FY03 Appropriation Resolution; and WHEREAS, the Virginia Department of Transportation (VDOT) has notified the county that $500,000 is the maximum amount of Chesterfield County fund,s that will be matched by the state during FY03. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors anticipates appropriating $500,000 to be matched by the State for the FY03 Chesterfield Road Fund (Revenue Sharing Program). AND, BE IT FURTHER RESOLVED, that the matched funds be allocated to the following projects: $599,830 Genito Road, South Ridge Drive to Fox Chase Lane Preliminary Engineering, Right-of-Way, and Construction ($299,915 VDOT and $299,915 County). $400,170 Old Buckingham Road, Mill Forest Drive to Olde Coalmine Road Preliminary Engineering, Right-of-Way, and construction ($200,085 VDOT and $200,085 County). And, further, the Board adopted the updated Chesterfield Road Fund Project Development Schedule, a copy of which is filed with the papers of this Board. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 174 8.B.10. APPROPRIATION OF FUNDS FOR THE DOMESTIC VIOLENCE RESOURCE CENTER VICTIM ADVOCATE On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted and appropriated $35,595 from the Department of Criminal Justice Services (DCJS) Violence Against Women Act Funds for the domestic violence advocate services. (It is noted the required 25 percent local match is included in Community Corrections Services' existing budget.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.11. CONFIRMATION OF ACTION BY COUNTY ADMINISTRATOR TO AMEND THE MILITARY LEAVE ADMINISTRATIVE PROCEDURE TO PAY ACTIVE DUTY EMPLOYEES THE DIFFERENCE BETWEEN THEIR MILITARY PAY AND THEIR COUNTY PAY FROM APRIL 1, 2002 THROUGH JUNE 30, 2002 On motion of Mr. McHale, seconded by Mr. Warren, the Board confirmed the action of the County Administrator to amend the Military Leave Administrative Procedure to pay active duty employees the difference between their military pay and their county pay from April 1, 2002 through June 30, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.12. AWARD OF MULTIPLE PROFESSIONAL SERVICES ANNUAL CONTRACTS RELATIVE TO UTILITIES ENGINEERING SERVICES TO R. STUART ROYER AND ASSOCIATES, INCORPORATED; MICHAEL BAKER, JR., INCORPORATED; WHITMAN, REQUARDT AND ASSOCIATES, LLP; GREELEY AND HANSEN, LLP; AND URS CORPORATION On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute five separate annual contracts for professional engineering services relative to utilities with R. Stuart Royer and Associates, Incorporated; Michael Baker, Jr., Incorporated; Whitman, Requardt and Associates, LLP; Greeley and Hansen, LLP; and URS Corporation. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.13. WITHDRAWAL OF REFERRAL TO THE PLANNING COMMISSION OF CONSIDERATION OF AMENDMENTS TO THE ZONING ORDINANCE REGARDING ADULT DAY CARE On motion of Mr. McHale, seconded by Mr. Warren, the Board withdrew referral to the Planning Commission of the consideration of amendments to the Zoning Ordinance regarding adult day care. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 175 8.B.14. INSTRUCT PLANNING COMMISSION TO HOLD PUBLIC HEARIN~ ON APRIL 16, 2002 TO CONSIDER AND MAKE RECOMMENDATION ON ORDINANCE AMENDMENTS RELATING TO PLANNING FEES AND SET BOARD PUBLIC HEARING FOR APRIL 24, 2002 On motion of Mr. McHale, seconded by Mr. Warren, the Board instructed the Planning Commission to hold a public hearing and make a recommendation, at its .April 16, 2002 meeting, on ordinance amendments relating to planning fees. And, further, the Board set the elate of April 24, 2002 at 7:00 p.m. to consider the amendments. Ayes: Miller, Warren, Barber, Humphrey and McHale. 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 Water and Sewer Contracts and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 10.C. CLOSED SESSION 1) PURSUANT TO SECTION 2.2-3711.A.1, CODE OF VIRGINIA, 1950, AS AM~ED, RELATING TO THE PERFORMANCE OF A SPECIFIC E~LOYEE OF THE COUNTY; 2) PURSUANT TO SECTION 2.2-3711.A.7, CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS REQUIRING THE PROVISION OF LEGAL ADVICE RELATING TO THE FIXED BASE OPERATOR LEASE FOR THE CHESTERFIELD COUNTY AIRPORT; AND 3) PURSUANT TO SECTION 2.1-344A.3., CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE ACQUISITION OF REAL ESTATE FOR A PUBLIC PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION OR NEGOTIATING STRATEGY OF THE PUBLIC BODY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board went into Closed Session 1) pursuant to Section 2.2-3711.A.1, Code of Virqinia, 1950, as amended, relating to the performance of a specific employee of the county; 2) pursuant to Section 2.2-3711.A.7, Code of W[rqinia, 1950, as amended, for consultation with legal counsel regarding specific legal matters requiring the provision of legal advice relating to the Fixed Base Operator Lease for the Chesterfield County Airport; and 3) pursuant to Section 2.2-344A.3., Code of Virqinia, 1950, as amended, to discuss the acquisition of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 176 03/i3/02 Reconvening: On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mrs. Humphrey: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mr. Miller: Aye. 11. DINI~-~R On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: 12. I~-gOCATION Reverend Calvin Eaves, Sr., Pastor of Clover Hill Baptist Church, gave the invocation.' 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Christopher Wallace McMichael led the Pledge of Allegiance to the flag of the United States of America. 02- 177 03/13/02 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.B. RECOGNIZING CHRISTOPHER WALLACE MCMICHAEL, DALE DISTRICT, UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Hammer introduced Mr. Christopher McMichael 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 was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, 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. Christopher Wallace McMichael, Troop 877, sponsored by Chester Presbyterian Church, has accomplished those high standards of commitment and has reached the long- sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Christopher has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Christopher Wallace McMichael on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. McHale presented the executed resolution and patch to Mr. McMichael, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in future endeavors. Mr. McMichael expressed appreciation to God, members of Troop 877, his parents and others for their support. 14.A. PRESENTATION OF DONATIONS TO MR. HEUSSLER Chief Elswick introduced Mr. Edward Heussler, Sr., Ms. Sharon Greene, Ms. Betty Johnson and Mr. Kevin Holmes who were present to receive the donations on behalf of Eddie Heussler. He stated that Eddie's condition has improved dramatically since presentation of the resolution honoring him for his heroic efforts in attempting to save a county citizen from a burning dwelling. He expressed appreciation to citizens for their prayers and financial support through the "Fill the Boot for Eddie" Campaign. 02- 178 Mr. Miller presented a check, in the amount of $9,000, to Mr. Heussler, Sr. to assist with his son's medical expenses as a result of his heroic actions. He expressed appreciation to Chief Elswick and the Fire Department for their efforts in the "Fill the Boot for Eddie" Campaign. Mr. Heussler, Sr. expressed appreciation, on behalf of his family, for the contributions and prayers on behalf of Eddie. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE H~RD 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 02SN0163 In Matoaca Magisterial District, BAYHILL DEVELOPMENT CORP. requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R--12). Residential use of up to 3.63 units per acre is permitted in a Residential (R- 12) District. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.2 units per acre or less. This request lies on 39.34 acres fronting approximately 270 feet on the north line of Beach Road at Salk Road. Tax IDs 722-656-Part of 4899 and 8576 and 724- 658-Part of 3532 (Sheet 23). Mr. Jacobson presented a summary of Case 02SN0163 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the UDDer Swift Creek Plan. Mr. Delmonte Lewis, representing the applicant, stated that the recommendation is acceptable. Mr. Miller called for the public hearing. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 02SN0163 and accepted the following proffered conditions: The public water and wastewater systems shall be used. (u) With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead 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) o The application, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permits for infrastructure improvements within the service district for the property $7,800 per dwelling unit, if paid prior to July 1, 2002 or bo The amount approved by the Board of Supervisors not to exceed $7,800 per dwelling unit adjusted upward 02- 179 03/~3/02 o o o 10. by any increase in the Marshall and Swift Building Cost Index between July 1, 2001, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2002. In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payer. (B&M) Development shall not exceed a density of 2.2 dwelling units per acre. (P) Minimum House Size: Ail dwelling units shall have a minimum gross floor area of 1700 gross square feet except two (2) story units, which shall have a minimum gross floor area of 2,000 square feet. (P) In conjunction with recordation of the initial subdivision plat, a fifty (50) foot wide right-of-way for a residential collector street ("the Public Road") from Beach Road to the western property line shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right-of-way shall be approved by the Transportation and Planning Departments. (P & T) A thirty (30) foot buffer shall be provided along the Public Road in accordance with Section 17-70 (a), (b) and (c) of the Subdivision Ordinance. Such buffer shall be located within recorded open space. No individual lot access shall be permitted to the Public Road through this buffer. (P) In conjunction with recordation of the initial subdivision plat, forty-five (45) feet of right-of-way on the north side of Beach Road, measured from the centerline of the part of Beach Road immediately adjacent to the property; shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Beach Road shall be limited to the Public Road. The access shall generally align with Salk Road. The exact location of that access shall be approved by the Transportation Department. (T) To provide for an adequate roadway system, the developer shall be responsible for the following: a o Construction of additional pavement along Beach Road at the Public Road intersection to provide left and right turn lanes, based on Transportation Department standards; bo Relocation of the ditch to provide an adequate shoulder along the north side of Beach Road for the entire property frontage; and C · Dedication of Chesterfield County, free and unrestricted, any additional right-of-way (or easement) required for the improvement identified above. In the event that the developer is unable to acquire the right-of-way necessary for the turn lanes along Beach Road as described above, the developer may request, in writing, the County to acquire the right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. If the County chooses not to assist with the acquisition of the "off-site" right-of- 02- 180 03/~3/02 way, the developer shall be relieved of the obligation to acquire the 'toff-site" right-of-way and only be required to construct road improvements within available right-of-way, as determined by the Transportation Department. (T) 11. Prior to any road and drainage plan approval, a phasing plan for the required road i~rovements, as identified in Proffered Condition 10, shall be submitted to and approved by the Transportation Department. (T) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0180 In Dale Magisterial District, SEABOARD CONCRETE PRODUCTS COMPANY requests rezoning and amendment of zoning district map from Light Industrial (I-l), General Industrial (I-2) and Heavy Industrial (I-3) to Heavy Industrial (I-3) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies on 2.5 acres fronting approximately 550 feet on the north line of Cardwell Road at its intersection with Castlewood Road. Tax IDs 786- 691-9351 and 787-691-1244 (Sheet 12). Mr. Jacobson presented a summary of Case 02SN0180 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. Mr. Andy Condlin, representing the applicant, stated that the recommendation is acceptable. Mr. Miller called for the public hearing. No one came forward to speak to the request. On motion of Mr. Miller, seconded by Mr. Warren, the Board approved Case 02SN0180 subject to the following condition: In conjunction with the granting of following exceptions shall be granted: this request, the ao A sixty-one (61) foot exception to the ninety (90) foot front yard setback for buildings. Rear and side yard setback exceptions to accommodate the buildings shown on the plans prepared by LaPrade Bros., dated 10/29/01. Any new improvements shall conform to the required setback requirements. Co Except as required by Proffered Condition 2, an exception to parking and driveway setbacks. An exception to the setback Districts from I-1 Districts. requirements in Except as required by Proffered Condition 2, an exception to the landscaping requirements. Except as required by Proffered Condition 2, an exception to outside storage screening requirements. (P) 02- 181 And, further, the Board accepted the following proffered conditions: The Property may be used for any use permitted by right within any I-3 District except: (a) abrasive, asbestos and miscellaneous non-metallic mineral products manufacturing; (b) blast furnaces, steel works and rolling and finishing ferrous metals; (c) chemicals products manufacturing; (d) chrome plating and anodizing; or (e) coal and coke storage. Upon expansion of the existing building on the Property beyond its existing footprint (shown on the plans prepare by LaPrade Bros., dated 10/29/01 as 13,362 square feet at ground level), (a) any fencing within five (5) feet of the southern boundary line of the Property along Cardwell Road shall be removed, (b) all parking, driveways and outside storage areas shall be located a minimum of fifteen (15) feet from the southern property boundary, and (c) if there are any outside storage or processing areas, such areas shall be screened from view of Cardwell Road by one or more, or a combination of the following: (i) building design; (ii) an opaque fence at least six (6) feet in height constructed of PVC material and to be located at least ten (10) feet from the boundary line of the Property along Cardwell Road, the exact design and height to be approved by the Planning Department or upon request by the owner, as may be approved by the Planning Commission, or (iii) two (2) rows of Leyland Cyprus having an initial height of five (5) feet spaced ten (10) feet on center and planted within the ten (10) foot setback along Cardwell Road. (P) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0183 In Dale Magisterial District, DELISA WANDA CURTIS requests Conditional Use and amendment of zoning district map to permit a family day care home in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre. This request lies on 0.2 acre and is known as 8919 Leafycreek Drive. Tax ID 775-668-7889 (Sheet 17}. Mr. Jacobson presented a summary of Case 02SN0183 and stated that the Planning Commission and staff recommend approval subject to conditions. Ms. DeLisa Wanda Curtis stated that the recommendation is acceptable. Mr. Miller called for the public hearing. Ms. Marsha Armstrong, who owns the home at 8918 Leafycreek Drive, stated that she feels 12 children are too many to be permitted in the applicant's home. She also expressed concerns relative to safety of the children because of two large Rottweiller dogs belonging to an adjacent neighbor of the applicant that are not well controlled. When asked, Ms. Curtis stated that she currently provides day care for three children and indicated that she has been informed by the state, if she uses her third bedroom, she would have a capacity for twelve children. 02- 182 When asked, Mr. Jacobson stated that the state has standards for internal square footage depending on the number of children cared for. He further stated that the Board has the ability, through conditions, to provide limitations more restrictive than twelve. He stated that there was no opposition at the Planning Commission meeting and, therefore, no discussion relative to limitations. Ms. Curtis stated that her property currently has four-foot wire fencing and indicated that she plans to erect a six-foot wooden fence on the side of the property facing the dogs. She further stated that she has not had problems with the dogs. Mr. Miller stated that he is not comfortable approving the case without further study of the issues raised. On motion of Mr. Miller, seconded by Mr. Warren, the Board deferred Case 02SN0183 until May 22, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0198 In Matoaca Magisterial District, M3~IANNE YAKELEWICZ requests a permit to park a manufactured home in a Residential (R-7) District and amendment of zoning district map. The density of this proposal is approximately 0.08 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1 - 5 acre lots. This property is known as 3810 Lakeview Road. Tax ID 794-623-5456 (Sheet 41). Mr. Jacobson presented a summary of Case 02SN0198 and stated that the Board approved a Conditional Use for a stock farm for the subject property on August 22, 2001. He further stated that, since that time, the property owner received a Special Exception from the Board of Zoning Appeals to have a mobile road repair business from the home. He stated that because the Comprehensive Plan calls for residential development, staff is recommending denial of the mobile home permit and indicated that if the Board chooses to approve the request, standard conditions have been made available in the staff report. Discussion ensued relative to the availability of sewer service on the subject property. Mr. Frederick Yakelewicz provided[ the Board members with photographs of the manufactured home proposed for the subject property. He stated that he has begun the process to rezone the property from R-7 to Agricultural, and requested that the Board approve the mobile home permit. Mr. Miller called for the public hearing. Mr. Brian Pearse stated that his mother owns English Village Apartments in the City of Colonial Heights adjacent to the subject property. He expressed concerns relative to the impact of the proposal on the apartment complex's property value. He stated that his mother also owns another tract of land in the county and is considering expanding the apartment complex into that area. He requested that the Board uphold staff's recommendation and deny the request. There being no one else to speak to the request, the public hearing was closed. Mrs. Humphrey stated that the property has never been developed for R-7 and has been idle for many years. She 02- 183 03/3.3/02 further stated that the property cannot be served by sewer, although the City of Colonial Heights has been approached on numerous occasions relative to extending sewer to the area. She stated that she usually does not support mobile homes in residential areas and is concerned about potential state legislation to allow by-right placement of mobiles in residential districts. She further stated that the applicants could wait for the rezoning of the subject property to Agricultural and not have to go through the process to request a mobile home permit. She stated that the property is unique because of its location; is surrounded by large parcels with other Agricultural uses; is designated on the County's Comprehensive Plan for one to five acre lots; and is not typical subdivision type development because sewer will never be available on the property. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 02SN0198 subject to Conditions 1 through 4 and 6 through 8 in staff's Request Analysis. Mr. Barber expressed concerns relative to the property owner applying to the Board of Zoning Appeals for an additional use after receiving a Conditional Use from the Board to permit a stock farm. Mr. Jacobson stated that the Board of Zoning Appeals has the ability to approve business activities on property where an individual resides. He further stated that the Board of Zoning Appeals has imposed conditions that would not allow any maintenance of vehicles or storage of vehicles in need of repair on the subject property. When asked, Mr. Jacobson stated that the Board of Zoning Appeals approved the special exception for two years and imposed conditions which permit four vehicles on the subject property that service vehicles that break down off of the property; limit the hours of operation; prohibit group assembly; limit the number of employees picking up and returning equipment to nine; prohibit maintenance of vehicles; impose a 50 foot buffer around the entire perimeter of the property; and prohibit signs for the business use. He further stated that, given the size of the parcel of land and conditions imposed by the Board of Zoning Appeals, staff does not anticipate any issues with the special exception. He stated that staff's recommendation for denial of the mobile home permit is based on land use of the R-7 property. Discussion ensued relative to special exceptions granted by the Board of Zoning Appeals and conditional uses granted by the Board of Supervisors. Mr. Jacobson stated that the Board can determine which uses are considered by the Board of Zoning Appeals through the Special Exception process and which uses are considered by the Board of Supervisors through the Conditional Use process. Mr. Micas clarified that Special Exceptions are legally equivalent to Conditional Uses. He stated that, over the years, the number of Special Exceptions has been chipped away, and indicated that the Board could take every Special Exception and turn it into a Conditional Use. Mr. McHale stated that he will support the mobile home permit because the applicant has begun the process to rezone the property from Residential R-7 to Agricultural. Ms. Beverly Rogers, Assistant Director of Planning, stated that staff has had discussions with the property owners relative to seeking Agricultural zoning. She further stated that staff has advised Mr. and Mrs. Yakelewicz that, because the long range plan calls for R-88 zoning, staff would not 02- 184 03/~3/02 support the rezoning request. She stated that the property owners have not made an application to rezone the property. Mr. Yakelewicz stated that he has contacted Planning staff as well as an attorney, Mr. Oliver Rudy, relative to the rezoning process, but has not submitted the application at this time. Mr. McHale stated that he would not approve the request for rezoning to Agricultural unless the manufactured home on the property looks exactly like the one in the photographs provided by Mr. Yakelewicz, nor would he support continuation of the mobile home permit when it expires in seven years. Discussion ensued relative to the difference between modular and manufactured housing. Mr. Miller called for a vote on the motion made by Mrs. Humphrey, seconded by Mr. McHale, for the Board to approve Case 02SN0198 subject to the following conditions: The applicant shall be the owner and occupant of the manufactured home. Manufactured home permit shall be granted for a period not to exceed seven (7) years from date of approval. No lot or parcel may be rented or leased for use as a manufactured home site nor shall any manufactured home be used for rental property. No additional permanent-type living space may be added onto a manufactured home. The manufactured home shall be placed on a permanent foundation with masonry skirting. 6. The manufactured home shall be multi-sectional. The manufactured home shall be placed on an individual lot. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0170 In Clover Hill Magisterial District, ATLANTIC DEVELOPMENT & ACQUISITION, L.L.C. requests rezoning and amendment of zoning district map from Agricultural (A) and Community Business (C- 3) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies on 8.8 acres fronting approximately 60 feet on the west line of Wadsworth Drive, approximately 1,200 feet south of Midlothian Turnpike and located at the terminus of Trickling Creek Road. Tax ID 755--704-2717 and 8121 (Sheet 7). Ms. Rogers presented a summary of Case 02SN0170 and stated that staff has recommended approval subject to the applicant fully addressing the impact on capital facilities and modification to Proffered Conditions 2 and 9. She noted that the request complies with the Eastern Midlothian Area Plan which generally designates the property for 2.51 to 4.0 units per acre. She stated that the i~)act on roads and schools has not been fully addressed and Proffered Conditions 2 and 9 relating to the number of dwelling units which must meet certain criteria relative to square footage and the 02- 185 03/13/02 architectural treatment of dwelling units are not items that staff typically addresses; therefore, enforcement will be difficult and will increase administrative costs. She further stated that the Planning Commission recommended approval, indicating that the 14 lots would have a minimal impact on roads and schools, and noted that the Proffered Conditions relative to house size and architectural requirements were provided to address neighborhood concerns. Mr. Jim Theobold, representing the applicant, stated that the request represents classic infill development; is consistent with the Comprehensive Plan; and is supported by the neighborhood association. He requested that the Board approve the proposed development. Mr. Miller called for the public hearing. No one came forward to speak to the request. On motion of Mr. Warren, seconded by Mr. Barber, the Board approved Case 02SN0170 and accepted the following proffered conditions: The property owners and applicant in this rezonin9 case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezonin9 request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall immediately be null and void and of no further force or effect. Cash Proffer. The applicant, subdivider, or assignee(s) shall pay $3,200.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for each new dwelling unit for infrastructure improvements within the service district for the Property if paid prior to July 1, 2002. At the time of payment, the $3,200.00 will be allocated pro- rata among the facility costs as calculated annually by the County Budget Department as follows: $1,176.00 for schools, $805.00 for parks, $280.00 for library facilities, $627.00 for roads and $312.00 for fire stations. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $3,200.00 per unit (prorated as set forth above) and shall be adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2001 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2002. 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 be in addition to, any impact fees in a manner as determined by the County. (B&M) o Square Footaqe. A maximum of six (6) dwelling units may have less than 1,800 square feet of ~ross floor area, of which two (2) may not be less than 1,700 square feet of gross floor area and four (4) of which may not be less 02- ~86 o3/z3/o2 than 1,600 square feet of gross floor area. The remainder of the homes shall be a minimum of 1,800 square feet of gross floor area. (BI & P) Density· There shall be no more than fourteen (14) lots developed on the Property, not including' Tax ID 755-704- 8121. (P) o Timberinq. Except for timbering approved by the Virginia 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) Foundations. Ail exposed portions of the foundation of each dwelling shall be covered with brick veneer. (BI) Public Utilities. The public water and wastewater systems shall be used. (U) Common Open Space· An area of a minimum of 35' in width along the length of the northern-most boundary of Tax ID 755-704-8121 shall be reserved as Common Open Space to be deeded to the Scottingham-Whitestone Community Association, provided that such Association agrees within ninety (90) days after final rezoning to accept such conveyance and subdivision approval has been obtained creating such Common Open Space. If approved through the subdivision process, the remaining portion of Tax ID 755-704-8121 shall be combined with Tax ID 755-704-8015. (P) Restrictive Covenants. Restrictive Covenants the same as those entitled "Declaration of Covenants, Conditions and Restrictions" dated April 11, 2001 by Weston, L.C. as Declarant for Whitestone, Section 4, recorded at Deed Book 4156, page 595, (except for the reference to the Declarant and the property description, and including the provisions of Proffered Conditions 2 and 9) shall be shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, setting forth controls on the development and maintenance of the Property. (P) Architecture. Homes shall be substantially similar in architectural design and materials as those in Whitestone, Section IV, which shall initially include dimensional asphalt shingles on the roofs. (P) Ayes: Nays: Miller, Warren, Barber, Humphrey and McHale. None. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AN ORDINANCE TO ESTABLISH THE VICTORIA LANE WATER ASSESSMENT DISTRICT Mr. Stith stated that this date and time has been advertised for the Board to consider an ordinance to establish the Victoria Lane Water Assessment District. He further stated that, if the ordinance is adopted, staff is also requesting that the Board appropriate $55,000 for the project from the water fund balance, and set interest rates equal to the interest rate on one-year United States Treasury Bills on this date (2.73 percent). Mr. Miller called for the public hearing. 02- 187 No one came forward to speak to the ordinance. Mr. Barber stated that one resident opposes the proposed ordinance and expressed concerns relative to imposition of the water connection fee upon the resident, but indicated that the fee could be paid over twenty years. He further stated that he feels establishment of the water assessment district represents the good of the community. Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to adopt the following ordinance: AN ORDINANCE TO CREATE THE VICTORIA LANE SPECIAL TAX OR ASSESSMENT WATER DISTRICT BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That the Victoria Lane Special Tax or Assessment Water District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: The Victoria Lane Special Tax or Assessment Water District. Map of the District: The map entitled "Proposed Victoria Lane Water Assessment District" prepared by the County Department of Utilities, which map is on file with the director of utilities. Section 2. Establishment of Victoria Lane Special Tax or Assessment Water District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Victoria Lane Special Tax or Assessment Water District. The area of the district shall be and the same is hereby fixed within the boundaries depicted on the map of the district. Section 3. Construction of certain water facilities in and adjacent to the district. The utilities department shall cause to be constructed in and adjacent to the district the water line and appurtenant facilities depicted on the map of the district. Section 4. Taxes or assessments upon owners of property located within the district. The cost of construction of the water line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the water line. The amount of the tax or assessment charged to each such owner shall be one thirteenth (1/13) of the total cost of the improvements constructed within the district, including the legal, financial and other directly attributable costs incurred by the County. The one thirteenth (1/13) charge shall be assessed against each lot located in the district. The amount finally taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the water line and appurtenant facilities located within the district, and the treasurer shall enter the same as provided for other taxes. 02- [88 Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the water line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in forty (40) equal semiannual principal installments over a period of twenty (20) years, together with simple interest on the unpaid principal balance at an annual rate equal to the interest rate of one-year United States Treasury Bills on the date when the ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. And, further, the Board appropriated $55,000 from the water fund balance for the project, and set interest rates equal to the interest rate on one-year United States Treasury Bills on this date (2.73 percent). Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16 .B. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A TWENTY-FOOT DRAINAGE EASEME~ WITHIN 360 COMMERCIAL PARK WEST Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of a twenty-foot drainage easement within 360 Commercial Park West. When asked, Mr. Harmon stated that a new easement will be dedicated in lieu of the drainage easement being vacated. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. Warren, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to MAUGHAN CONSTRUCTION COMPANY, INC., a Virginia Corporation, ("GRANTEE"), a portion of a 20' drainage easement within 360 Commercial Park West, CLOVER HILL Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 59, at Page 10. 02- 189 03/13/02 WHEREAS, MAUGHAN CONSTRUCTION COMPANY, INC., a Virginia Corporation, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 20' drainage easement across its property within 360 Commercial Park West, CLOVER HILL Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 59, Page 10, by BALZER AND ASSOCIATES, INC., dated MAY 21, 1987, recorded OCTOBER 30, 1987. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 20' drainage easement, within 360 Commercial Park West, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated JANUARY 8, 2002, and revised JANUARY 24, 2002 and JANUARY 29, 2002, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virqinia, 1950, as amended, by advertising; and WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: BOARD OF That pursuant to Section 15.2-2272 of the Code of Virqinia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virqinia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virqinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of easement hereby vacated in the underlying property owner free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and MAUGHAN CONSTRUCTION COMPANY, INC., a Virginia Corporation, or its successors in title, as GRANTEE. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no remaining mobile requests at this time. home permits or zoning 02- 190 03/13/02 18. ADJOURNMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 8:05 p.m. until March 27, 2002 at 3:30 p.m. Ayes: Miller, Warren, Humphrey, Barber and McHale. Nays: None. L~n~B. ' Ra~m'sey~ County' Admini s~ ra~~~ Chairm~ 02- 191 03/13/02