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07-27-94 MinutesBOARD O~ SU~BRVISORS J~ly 27, 1~4 ~upervlsors in Attendance: ~r. J. L. MeHSle~ III, Vise Ckrm. Mr. ~dwar~ B. County Administrator ~$. Barbara Bennett, ~ir., Office on Youth Utilities M~. ~arilyn Cole, ASS%. to County Admin. Mr. Rishard Cordle, ~s. Dori~ R. DeHart~ Asst. Co. Admin., Interqovern. Affairs ~r- Wi%liam D. Dupler, Build~ng official Firs Department D=puty Cc. Admin., Mr. Russell Harris, Cuunty Ombudsman Mr. Wi]lia~ H. Howell, Mr. Thomas E. Ja~ob~eD, Dir., Planning Internal Audit Mr. John R. Lillard, D~r-, Mr. ~obert L, D=9uty Co. Admin., Dir.~ Transportation Mr. Richard M. Dir., Znv, Engineering county A~tornsy M~. Eann=th P=rrotte~ Dir., News & In£urmation S~rvices Co!. J. =. Pittman, Jr., Pelica Department Me. Theresa M. Pftte, Clerk to the Hoard Mr. James J. L. Ste~maler~ Dir., Budget & Management Mr. ~. D. stith~ Jr., Deputy CO. community Development ~r- Lewi~ Wendell, Din CDBG Office Mr. ~rederick Willi~, Dir.~ Human Resource ~r. ~cHal~ esl!ed the regularly scheduled meeting to order at 2:10 ~.m. 1. A~ROVA5 OF MINUTES On ~otion of ~. ~arr~n, s~¢~nd~d by R~. B~rbcr, t~e Board approved the minutes of June 22, i994, as.subnitted. Aysm: Mr. Mc~als, Mr. Barber, Mr. Daniel, and Mr. Absent; Er. Colbert. On motion of ~r, War~en, seconded by ~r. Barber, the Board approved the minutam of July 21, t994~ am.submitted. Ayes: Mr. McHale~ Mr. Barber, Mr. Daniel, and Mr. Warren. absent: Mr. colbert. 2, COUNTY ADMiNI$TRATOR'~ Mr. Kamsey slated Mr. ~arlten Abbott of Carlton Abbott and Aeeooiate~ will ~ake a presentation to the Board reqardin9 the EDpin~ton Plantstlnn Master Plan. MS. Mary Ellen Howe, chairperson of the Preservation Committee, stated the ~ppington Rroject deserves the County's best efforts and noted the Eppington Plantation Master Plan was developed by a team Of experts throughout the nation. Mr. Golden expressed appreciation to Ms, Howe for her efforts in the Eppington Project and stated she has been influential in rac~ivlng grate fund~ for the project. H~ further stated the Eppinqton House was donated to the County approEimately five yea~s ago; that occasional special events are held at EpDingten} t~&t t~e County is working towards the facility being opened to the public on a daily baals for regular events; and that preserving t hi facility is of utmost importance to County. ~e then recognized the Co~ntyls Fire Department for constructing a model of ~ppington Plantation. H~ ~tated the County contracted with Carlton J~0bo~t and Associates who put together a team of qualified individuals from the James River Institute of Archaeology an~ colonial williamsburg tc assist in the development of a master plan for Eppingten. He then use; that preservation of the plantation scene ia of the utmost the building; and that a goal of th~ Plan ia to protect the visual character of the open space. Es further state~ threats Recreation staff, has cleaned up the facility and established has on-site sscurity~ and that a sprinkler system will be completed in the near future. Ha further ~tated v~sltor will become an issue aa Eppington is developed; reviewed road facility; and stated pa~t Of the Master Plan consists of retain the la,er wing of the bu~ldlng. Be reviewed the water damage to the interior of the building ~nd sta~ed a fire suppression system is currently being mddrsssed. Ha than ~ichman~ Dangli~sh, Gilpin and Paxton, P.C. Mr. Brown presented an ove~vie%~ of foundation problems ~pplngton Plantatic%n.and stated part sf the problem is due a foundation w~ll t~'at ~aapou~ed outsid~ ~f'thm brick and that the wall will have to be removed. He further stated plans are ~nderway to ~e-ehfo~e= the wall, build new footings underneath ~he wall, and rs-pour slabs inside the building. He stated the structure needs to be preserved as moisture is causing p~o~lems throughout the entire structure. ~r. A~ett stated stabilization of the integrity of the b~ilding is of utmost priority and continued ts review the B~DDington Plantation Master Plan inelRdin9 incorporating a parking ar~a within the existing property; the visitor~e program; future reconstructions to the site~ and pemaible restoration of the gardens, ~r, Warren stated he is glad to $e~ the County focusing on history of this and other projects and supports Eppingtcn being use~ for tourism in tko future. He inquired as to the next phase that will be undertaken at Bppington. ~lr. AbbeSS sta~ed they are ~urrent!y working on the sprinkler system an~ the stap would be stabilization of tko structure, repairing ~oo~ and porch, and eeekin~ the needed funding for recreational acoe~, p&rkin~, and the visitor's center. ~r. Daniel inquired as to th~ cost of repairing the foundation. Mr. Abbott stated archeology tests around sections of the foundation is estimated to cost approximately $35~000, however, the foundation Wor~ alone coul~ cost up to ~. Ramsay s~ated staf~ will ba addressing issue~ regarding the Eppington Plantation Master ~lan in ~ke upcoming Capital Improvement Program. Mr. Warren stated the County received Grants from the General Assembly this past year and inquired as to whether ~here were any plans in the future to pur~ue additional funds. Mr. Ramsay stated staff will De pursuing grants and other opportunities. Nr, Ramsay then ,introduced Mr. ~amm~ t~ present an u~date on the LaPrade and B'ktrick/~atoeea Branch Libraries. Nr. ~ammer reviewed const~uetio~ accomplishments to-date Ettrick/~ateaca Branch Library; auditing of all past records; Siring of the moving contractor; leasing o~ space for book~; ~taff meeting ~ith tko original architects; and developing of fO~ December, 1994 and based on repair estimate~, additional funding may be required. He than ~svis~ad repairs bein~ at the LaPrad~ Branch Library and stated the Boar~ has appropriated funds ~c re-roof the Library. He then the ~chaduls for completion of repairs and repair~ being made at ~he Et~rlck/Natcaca Branch Library~ the progress at the Midtothian Branch Library, and $~ated notice to proceed has been issued; that the ~idlothian Branch Librmry will ¢1o~ for approximately ~iDe%y days on August 29, 1994 an~ will ~e a ten ~r~ Kee~ed; %hat ~taff anticipates having drainage issues relating to t~e pa~king lot resolved quickly; and that the Library is anticipated to ~e-open by Summer, 299~, will hav~ it~ ~oft opening i~ August~ 1994 and i~s formal 94-521 7/27/94 3. BOARD COMMITTEE REPORT8 There were no Board committee Report~ at this time. 4. REOUESTS TO POSTPON~ ~CTION, ~E~GENCY ADD~TIONS, OR On Notion of ~r. Warren, seconded by Mr. Barber~ ~lle ~o~rd added Item 10.~., an executive session Pursuan~ %s section 1.1- Wi~h Legal Counsel Regarding Legal Issues Arising O~f of Renewal of the Cable Television Franchise to follow Item an Ex~cu%ive ~ession Pursuant tn Section 2.1-344.(A) (F), Code of Virginia, 1950, as Amended, for Consultation with Legal Counsel Regarding Aoquieition of Real E~tate for e Public Purpose in the Matoaaa Magi~terlal District Relating to ~arks and ~ighway Right of Way; moved Item 7.A., Consideration of Request Qf Come~s~ Cable~i~i~n of Chesterfield County, Incorporated, fo~ Renewal of Its Cable Television Franchise and AdeDtion of Amendments to Chapter 7 of th~ County Code Relating to Providing Cable Televzs±on Service~ in the County to follow Capital Project Fund for Purchase of Trailers; and replaced ordinance for I=em 16.F., Public Hearing to Consider an ordinance to Amend th= Code of c~esterfield csunty~ Section 4- 26.1, %o Chan~e %he Oritnria for El~billty %o Conduct Bingo ~d Raffles, and ~dcpted the ~genda~ as amended. Ay~; ~r. ~C~le, ~r. 5arbor, Mr. Daniel, and F,..T, Absent: Hr. Colbert. o RECO~NI~IN~ MR. WILLI~24 H. HOWELL,..~RAL SERVICES DEPARTMENT M~. Ham~e~ introduced ~r. William H. He,ell who was pre~ent to receive the resolution and stated F~r. Howell ha~ been a dedicated and outstanding employee. On motion of the Board, the following resolution wa~ adopted: W~F~R~AS, Mr. William H. Howell will r~tire frmm CheeterSield County un July 31, 1994 after serving the citizens of the Oounty for over 16 years with an ~nsslfi~h quality and energy that is =o be admired and exemplifie~ by e11; an~ Analyst, as Assistant to the County Administrator, Aoting Dires~or of General servioes~ an~ Director of General Servic~ during that period indicating the County Administration?s ~e~peot for his exDerti~e and managemen= abilities; and WHEREAS, Mr. Howell*s service began when the Ceunty?e 1994 at =he time when services to its citizens and the business community dramaticall~ ex~anded; and populatlon~ the ex~andin~ leaf collection progrem~ th~ solid waste management program; recycling drop-cfr center~; and the whloh should be pr~ervsd for future generations; and devoted to promoting, supervising, and maintaining the County Airport, the buil~ings and grounds of the County Complex, tbs building construction programs the collection and diep~eal ef solid waste, the ~anagament of ~ounty records! the County vehicle fleet, and~%he'C~nty printing a~ ~upplies operation WHEREAS, during Mr. Howell's tenure with Chesterfield County, he was a llnutn and belt~'~ individual whose ramponsibilities varied fre~ being accountable for projects as, but not limited to, the conception of the Construction Management Division~ the completion of ~uvenile Group Koms; the new County garage and the $00 ~hz Msintananse Repair Program; the construction of two County lamdfil!s; the completion of many improv~munt= to the County Airport a~d the conversion to aviation privatimation; the completion of the Courts Building, the IST suilding, ~he Human Services Building, the Mental Health/Mental Retardation S=rvice~ ~uilding, numerous fire stations and libraries; and the renovation of the Public Keeting Room and many others; and WHER~AS, Mr. Howell also exhibited a caring attitude for hi~ fellow employees by taking ~n responsibility ~er gua~i=y of life i~sue~ facing th= office complex by initiating projects such as the parking lot repaying, providin~ fo~ a cafeteria, and constant monitoring of all working conditions of ea~p!oyees to p~ovid~ for a eef~ and healthy environment in which to work; and WHeReAS, Mr. Howell was a member and past president of the General Services Association of Virginia, a member of the Solid Waste Am~ociat~on of ~orth A~erica, a m~mbex of the ~blic Works Association and a Charter ~e~b~r of ~e Board of ~EREAS, ~r. Howell*s dedication, loyalty, and involvement ha~ been of such magnitud~ it has brough% oredi~ not only upon himself and his family, bu~ Chemterfi~ld County and the metropolitan area as well. NOW, THZR~QE~ ~ IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognlze~ Mr. ~illta~ dedioated servic~ to the County, their congratulations upon his retirement, and thmir best wi~hez for a long and happy r~tirement. AND, BE IT ~RT~ER RE~OLVRD~ that a Copy of ~owell and that this re~olutisn b~ permanently r~curd~d among the papers of this Board of Superv~or~ of Chesterfield Cuun%~, Virginia. Ayes: Mr. NcKal~ Mr. Barber, ~r. Daniel, and ~. Warren. Absent: Mr. Colbert. Mr- McHale an~ ~r. Ramsay pre,ended th~ ~x~cut~d ~esol~tion his dedicated servic~ to th~ County, a~d wished him well in his ~. Howell expressed appreciation to the Board let the recognition, stated it has been a privilege to serve the for the many successes they have achieved over the years. 7127/94 6. WORK SESSIONS Mr. Hammer presented an overview on the status of solid waste initiatives throughout the County including a slide presentation of the Northern Area Landfill Improvement Proj~ct~ the convenience area; the area in which the softball field will be constructed; and the newly constructed drop-off area. stated in nex~ year~s budget, staff will request the Board to consider variable rate pricing to ensure fait rates for all When asked, Mr. Howell eta~ed customers pay by the ~on with set charge for a pull. Mr. ~a~er then r~viewed landfill area~ being excavated and noted the ~oard will bs requested to approve a change order thim afternoon to add additional equipment to the closure project due to inclement weather and extreme amount of soil r~quir~d to be e×cavat~d. When asked, he stated the clomure/ borrow site for the Bun Air Landfill is suitable for recreational us~. ~e %h~n presented an overview of the Port Darling Landfill near the James River and ~tated this Landfill will need future leaQhate recovery systems ~o av©i~ polluting a creek that runs directly into the James River. When he stata~ this Land~ill can also be used for recreational use and by the U.S. Parks Service for civil war reenactments. He then presented an overview el the chester Landfill and stated it has a leachers collaCtion uyste~ installed as well as methane recovery system and the electric generating facility to provide electricity to Virginia Power. When asked, he the Chester Landfill could be used for ~ecrestional purposes, however, the well head~ may ne~d to be'depressed. ~e then presented serial pictures of the Southern Area Land~ill and stated the site has never been opened and is presently being u=ed a~ a transfer station. ~e further sta~ed staff would like to ~ee the ~ite used to ~upport waste management and/or recycling operations. M~. Ramsey stated the Southern Area Landfill is County property and if the County ~ere to get back into operating landfills, it is an available site. M~. Daniel inquired a~ to th~ number yaarm th~ County ha~ l~ft in terms of landfill capacity. Hr. Kammer stated as far as private regional landfilla~ the County could go into the f~rst half of the next century and noted the ~euthern Area Landfill could provide 20-30 years of capacity if designed properly. Mr. Hammer recognized member~ of the solid Waste Advisory Co--lites who w~re present at th~ mQ~ting and r~v~w~d waste projects including building the athletic facility at the Northern Area LandPill and ~he me,hans recovery leac~ata ree0ve~y a~d Cove~ renovation plans for th~ ~o~ Ai~ Landfill; and st=tad the Chms~er Landfill closurm is and staff is waitin~ on DEQ certification or permitting the electric g~nmrating facility. H~ noted thm Southern Landfill is u future strategic site for the County in terms of solid waste. He then reviewed soli~ waste collection alternatives by the solid Waste Advisory Co,it=es including the current laize faire system~ County-wide contracts; County me,vice district contracts~ subdivision-by-subdivision County. He t~en reviewed the Co~nty~wide contracts alter~ative including that it would provide a contract for the entire Cowry in which t~e County actually privatizes by contract, but will award on~ v~ndor for th~ ~ntir~ County; that in %~rms t~e economy's scala, it would be the lea~t ~pensive, however~ would r~duGe reve~e at disposal sit~s; that it would put small haulers out of business; that it would have an impact cn cash flow; that it would~.Pr0~e control en elicit littering that results from having a total lairs faire ~ystem; and that it would better schedule hauler traffic thruughout the County. ~r. Daniel excused himself from the meeting. There was brief discussion relative to County-wide con~ra:te controlling elicit littering. Mr. Kammer then reviewed th~ County-zoned contracts alternative including that persons in a zone would have to nme that partieula~ hauler; that there would be less duplication of effort; and would provide an efficient routing system for trucks. ~m stan~d the advantage of this alternative is that haulers could work a south sector a~d a ~o~th sector. He then reviewed the subdivision-by-subdivision contrasts alternative in which the subdivision homeowner's association will determine the waste h~uler, He then reviewed the alterative of liuenuing waste haulers in the County with service standards each as types of trucks~ regularity, and quality of servic~ and stated a small amount of r~venus could be generated. He stated the carefully and recommends County staff bring a paper back to the Board which would al.low staff to do a ~=ientiflc survey of the or all of ~hsse alternativem. There was brief discussion relative to the iaize faire syste~; and the marke= setting up the competitive situation rather than that currently sDerates in the county. involved in the r~cycling business and that under the current system, there ~re vpry few haulers offering recycling services in the County. There wag brief discussion r~lative to restricting haulers by subdivisions er zones and competitive pricing. with the solid Waste Advisory Commi=tee an~ bring their efforts and inquired as to the commsn~u staff ha~ concerning the Cuunty~s recycling services and that a challenge facing the County has been keeping the drop-off program workln~ Nr. Daniel stated he feels a survey should be phrased to in¢lu~e options %vailable to the customer. He further ~tated trash pick-up and r.~cycling pick-up to occur on th~ gam~ day to eliminate trash be'i~ng in front yards several days during the sector inlClatlve, however, =here are regulations coming faster 7/27/94 Mr. Warren stated Eenrico County recently dropped their recycling program due to t~he l~k of an adequate Dumber of Mr. Hamme~ stated the County did not recommend Henries county's method as the county's survey indicated citizens did not want tc pay that small of an amount for recycling services. 7. DEFERRED 7.B.%. ~ITiZEN~ TRANSPORTATION ADVISORY COMMITTEE On motion of Mr. Daniel, seconded by Mr.' Barber, ~he Board d~ferred considgraticn of an alternate ~ember to serve on the Citizenm Transportation Advisory Committee until such time as the Committee ~ompletes changes to its m~mber~hip r~quir~ment~. Ayes: Mr. MeHala, ~_r. Berber, Mr. Daniel, and ~r, W~rren, Absent: ~. Colbert. YOUTH SERVICES CITIZEN BOARD On motion of ~ir. Barber, seconded by ~u. Warren, the Board u~upe~ded its rules at this time to allow simultaneous nomination/appeintment/reaDDointment of members to serve on the Youth S~rvic~s citizen Board. Ayes: Mr. McBele, Mr. Barber, Mr. Daniel~ and Hr. Warren. Absent: Mr. Colbert. On motion of Mr. Barber, seconded by ~r. Warren, the Board simultaneously nominated/appointed/reappointed Mi~s Neian~e Stewart, representing ~atoaca ~igh ~chool,. and ~r. Ryan Teten, ~eDresenting Manchester High £chool~ to ~erYe on the Youth Services Citizen Board, whcse terms are effective immediately and will expire June 30, 1995. Ayes: Hr. HcHals, Mr. Barber~ ~r. Daniel, end Mr. Warren. Absent: Mr. Co!bsrt. NEW BUSINESS APPOINTMENTS On motion of Mr. Daniel, seconded by Mr. Wart=n, the Board appointed Lieutenant Brian D. Ri£~e as Assistant Fire Marshal pursuant to Section 17-3S of the Code of Virginia and removed Lieu=arian= Jeffrey A. Howe as Assistant Fire Marshal. Ayes: ~r. ~cBa!e, Mr. Barber, ~r. Daniel, and Hr. Warren. Absent: ~r. Colbert. Mr. ~cHale made a motion, seconded by ~r. ~arber, ~or the ~oard to approve th~ ~)lac~n~nt of 26 colonial ~tyle ~t~eetlightm with ~ acorn s~yle stree~lights in Rivsrs bend ~ubdivi~ion, Discussion, comments, and questions ensued relative to installation cf the lights being paid by the developer; funds from the General Fund paying for the operation costs; whether residents of Rivers Ben~ ars in agreement with the changes; whether approval uS this roques~ would be s'etting a precedent for other ~ubdivi~ion~ to change their streetlights; amd the process in which new su~divlsionc a~guire ctreetli~hts. ~L~. MoRale called for the vote~ on ~hc motion made by him, seconded by Mr. Barbe~, for the Board to approve the · tyle ~tree~lig~ts in Rivers Bend Subdivici~n, Bermuda District. (It is noted t~ere is no cost to thc County to replace the Etr~tlightc (developer paid replacement) and additional cos~ of electrical ~crvice ts the County resulting from the replacement is $3,064 per year.) Ayes: Er. McHala, Er. ~arber, Mr. Danlel, and Nr. Warren. Absent: Mr. Colb%rt. It was generally agreed to ~ec~ss for l0 minutes. COUNTY A~D THE RICHMOND METROPOLITAN AUTHORITY REFIN~NCIN~ ~ONDS FOR TNE DT~L~OND On notion of Mr. Barber, s~co~dsd by ~r. MoKele~ the Board d~£err~d oonslderstlon of ~n amendment to the ~oral Obligation Agruumunt butwuen the County and the Richmond Metropolitan Authority for refinancing bonds for the Diamond until Auguct Ayes: ~r. ~cHale, Pit. Barber~ Mr. Daniel, and Mr. Warren. Absent: ~r. colbert. S.C.X. ISSUES RELATING TO THE PUBLIC-PRIVATE PARTNERSHIP FOR approved nhe following Articles of Incorporation for the O~ The name of the corporation is Public-Private Partnership ~he primary p~rpose of the Corporation is to promote the economic development of the Richmond Metropolitan Area in orde~ to develop a broader ~ax base, provide more employment opportunities and improve the ~tandard of living through the cooperative efforts of all of the Members, as defined in the Bylaws Of the Corporation. More specifically, the purposes of the Cerporat{on are (i) to attract new businesses and industries to locate within the participating jurisdictions of industries within the participating jurisdictions of the Corporation~ and (iii) to facilitate thc location of new businesses and industries and the e×pan~on and redevelopment of existing businesses and industries witPlin the participating jurisdicfions in all appropriate ways, including, but not limited to, coordinating and assisting the economic develcpmen= activities of the participating jurisdictions, serving as a source of information and technical expsrtise~ and providing assistance in arranging for financing for new and existing b~sine~e~ and industries. ORGANI~ATION A~D QPERATIO~ Pursuant to Sec. 501(c3 [6) of the Internal Revenue Code of ~956~ as a~e~ded, from tim~ to tim~ (the "Code1'), Or corresponding provision of any subsequent federal tax law, Corporation is fumed to promote a co.men business interest in the economic and industrial development cf the entire Richmond EetropolitanArea. The Corporation is not organized for profit and any such aotivitie~ shall be an insubstantial part of the Corporation's activities. ~o part of the net earnings of the Corporation shall inure to the benefit of any Member or i~ividnal, e~cept that the Corporation mba11 be empowered to pay reasonable compensation for services rendered and to make payments and dis~rlbutlcns in furtherance of the purposes of an organization qualified a~ exempt ~nder Code Section The Corporation shall no~ participate iJ or in~ervene in (including the publimhlng or distributing of statements) any political campaign cn behal~ of any candidate for public office or any other activity which is not deemed to be an "exempt purpose" under Code section ARTICLE IV DIESOLUTION In the event action i~ taken to dissolve the Corporation p~io~ to June 30, 1997~ all a~etm up to the initial equity contribution from the ~etrcpolltsn Economic Development Corporation ~hall be distributed to the city of Richmond and the Counties of Chesterfield, Kancver and Henries in accordance with ~he ratio of each jurisdiction~s fiscal 1993-1994 contribution to th~ ~etropolitan Economic Development Council to the total of such contributions. In any subsequent dissolution, a~ets will bu distributed 50% to the Metrcpol±tan Richmond chamber of Commerce (the "Metro Chamber"), so long ae it remains e~empt under Code Section ~01(c) (6}, or ~uch organizations exemp~ under Code Section 591(e) (6) at the time then e~istlng local government Members. tho Bytaw~. Th~ number and qualifieation~ for directors of the Corporation shall be fixed in the Bylaws..The directors shall be appointed by the ~RTIC5E VII The address 0f the initial registered office of the Corporation, which is located in the City of Richmond, virginia, is 2509 E. Broad Street, Richmond, Virginia 23223. The initial registered agent of the Corporation is Roger L- Gregory who iea reaident of Virginie, end a member of the Virginia State Bar and whose business address is identical wlt~ following d~fini~ion~ ~hall apply: (a) "Corporation" means this Corporation only and no predecessor entity or other le~at entity; fees, and costs of investigation~ litigation and appeal, well am any amount e~ended in asserting a claim for indemnification; (c) "Liability" means the obligatio~ to pay judgment, settlement, penalty, fine or o=her ~uch obligation, includ~ng~ without limitation, any excis~ tax assessed with respect to mny employee benefit plan~ or unde~ the Code rules applicable t0 exempt organizmtion~; (d) "Legal Entity" means a corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; existence of which ceased upon its acquisition by the (f) "Proceeding'~ means any threatened, pending, or completed action, suit, proceeding or appeal whether civil, criminal, administrative ur investiga~ive an4 whether formal or informal. 8.2 Limit on Liabilitz..' Ia every instance in which the hereof or may hereafter be amended, pe~its the limitation or elimina=ion 0f lia~ili=y of direotors or officers or a corporation to the corporation or its Memberst th~ and officers cf =he Corporation shall not be liable to the Corporation or its Members. ~.~ Indemnification of Directors and Officers. The Corporation ~hall indemnify any i~dividual who ir, was or is threatened to be rede a party to a proceeding (inoluding a proceeding by or in the right of the Corporation or b~ or on behalf Qf i~s Members) because such individual is or wa= a director or officer of th~ Corporation or b~cau~ ~ch individual is or was serving thm Corpuratiun, or any other legal entity in any capacity at the request of the Corporation while a director or of~i=er of the Corporation, against all liabilities and r~asonable e~pense~ incurred in the proceeding such individual'~ willful misconduct or knowing violation of the criminal iaw.' $erviue a$a ~irector or uffi=mr of a legal entity controllRd by th~ Corporation shall be deemed service a~ the request of the Corporation. The determination that indemnification under this S~ctlon ~.~ i~ p~rmi~sible and the eval~atio~ as to the r~asoneblen~ss of e~anses in a ~pecific law, and in the ease of an officer, as provided in Section 8.4 of this Article; provided~ however, that if a majority of the directors of the Corporation has changed after the data of the alleged conduct givLng rise to a claim for indemnification, such determination and evaluation shall, at the option of the person claiming indemnification, bs made by special legal counsel agreed upon by the Board of Directors and such parson. Unless a determ£sa~ion has been mad= that indemnification is not permissible, the Corporation shall make advances and reimbursements for reasonable expenses incurred by a director or officer in a proceeding upon receipt of an undertaking from sash dlrectur or officer is net ~ntitled to indemnification. Such undertaking shall be an unlimited,, unsecured general obligation of %ha director or officer and shall be without reference to snch director's or offiser's ability to ~aks repayment. Th~ t~rmlnation of s pro~edin~ by judg~snt~ order, ~ettle~ent~ conviction, or upon a plea or of nolo contenders or its equivalent shall not uf itself create presumption that a director or offlosr acted in suuh a manner as to make such director or officer ineligible for indemnification. The Corporation is authorized to ccn~ract in advance to ~ndemni~y and make advances and reimbursements for e~penses to any of its directors u~ officers to the sa~e extent provided in this Sectiun 5.4 Indemnification uf Others. The Corporation may, ts a le~n~r extent or the sa~e extent that it is required to prcvlde indemnification and make advances and reiDburse~entu for expense~ to its directO~m end officers pursuant to 8.3, provlds indemnification and ~ake a~vances and reimbursement~ for ~xpenses to its s~ptoyees and agents, the directors, officers~ employees end agent~ of its sub~idlaries and predecessor entities, and any person serving any other legal entity in any capeoity at the request of the Corporation, and may contract ~n advance to do so. The determination that indemnification under this Section 8.4 is permissible, the authorization of s~ch indemnification and ~h~ evaluation us to the reasonabl~ne~ of e~penees in a specific case shall be made as authorized from ~ime to time by g~neral er specific action uf the Board of DirecteMs, which action may bs taken before ur after a claim for indemnification is made, or as other~is~ provided by law. No person's rights under Section 8.3 of Artisle ehal! be limited by the previsions of this Section 8.4. Nothing provided for herein shall be construed to De e waiver of applicable constitutional, statutory and common law i~t~unities. ~.s Miscellaneous. The rights of each person entitled %O indemnification under ~hls Article shall inure to the benefit of $~ch person's heirs, ex~outsr~ and administrators. Speclul legal counsel selected to make determinations under this Article may be counsel for the Corporation. Indemnification pursuant to this Article shall not be e~clusive of any other right of indemnification to which any person ~ay be ontitled~ including indemnification pursuant to a. vali~ contract or indemnification under policies of insurance purchased and maintained by ~he CGrpurati0n or o~hers. ~owever, no person shall be entitled to ind~ification by the Corporation to the in~urer. The Corporation shall purchase and maintain or provid~ s~lf-insuran=u against any liability it N~y have under this Article or to protect any of the persons named above against nny I~abili~y arising from their s~rv~ce to the Corporation or any otn~ leqat entity at the request of corporation regardless of th~ Corporatiun'~ power ~o indemnify against such liability. Th~ provisions of thi~ article shall contracts othe~ise permitted by law with any indivi~u=lm or legal 8ntities, including those named above. If any prOVision of this Article or it~ application ~o any p~rsun or 94-53~ 7/27/94 circumstance ie held invalid by & Court of competent jurisdiction, the iDvali~ity skull not affect other provisions or applications of this Artiole~ and to this and the provisions of this Article ars severable. 8.6. Application; Amendments. The provisions of this Article shall be applicable from and after adoption of thim Article. Nc amendment, modification or repeal of thlm Article skull diminish the rights provided hereunder to any person ariein~ from conduct or events occurring before the a~option of such amendment, modification or repeal. ~.7 ~tatutorv Tmmunitv__f~.~ Local Government M~mbers or representatives of local governments serving on the ~oard of Dirmators for the Corporation shall retain all applioable constitutional, statutary and common law immunities including but not.limited to the protections afforded by § 15.1-7.01 of t~e Coda of Vircinia. By: By: Ayes: Phyllis L. Cothran Incorporator ~arry s. Daniel Incorporator, Chesterfield County Mr. Mc~ale~ ~r. Barber, Mr. Daniel, end Mr. WarreD. 8.C.Z.a. SU~ORTIN~ THE U. S. OLYMPIC F~STIV~ TO BE on motion of Mr. Warren, seconded by Mr. Barber, the Board ~dopted the following resolution: W~EREAS, tho Metropolitan Richmond Sportsbackers have identified an opportunity for the Richmond region to bid on the 400,000; create an economic impact of approximately $60 million; and leave a legacy of new world class faoilitieb fo~ citizens to enjoy; and WHEREAS, the event will bring unity to the metropolitan ar~a by involving ouar 15,000 volunteers in a regional effort; W~EREAS, the four Richmond ~re~ Jurisdictions have ~upported efforts ~o brlnq the U. S. Olympic Festival to Richmond by adoptioq a r~solutiun at ~he Regional Sunnai= held W~EREAS, the Counties of Chesterfield, Hanover, and ~enrico and the City of Richmond each have appropriated $10,000 towards the cosz of bidding On the Festival; and WHEREAS, tbs metropolitan Richmond a~ea Can win the olympic Festival bid only if major new sports £acili~ism constructed, including a truck and field stadium and a swiping facilities will require th~ cooperativ~ ~ffort~ of the four area jurisdictions a9 well as the Co~onweatth of Virginia and 7/27/94 .......................... I ................ I L I L L W~R~AS, conceptual plans have been developed for constructing a major amateur sport~ co~ple~ at the Diamond; and WHEREAS, the Richmond Metropolitan Authority is a regional entity created by tko state and governe~ by repr~sentmtive~ of Richmond, Chesterfield, and Henrico, withlthe capability and authority to undertake regional sports fasilities. NOW, TMEREFORE HE IT RESOLVED, that the Counties of chesterfield, Hanover, and Henrico and the City cf Richmond hereby requast~ t~at the Richmond Metropolitan Authority p~e~are detailed so~t msti~ates, a p~eliminary oonmeptual d~sign, a detailed finanoin~ plan, and a project timetable by September %§, 1~9~ so that area jurisdictionm may be able to make a final decision regarding oonstruction of the Virginia swimming and Diving Center in time for consideration by the U. S. Olympic F~tival Site Selection Committee. Costs for ~uch studies mhal% be paid by the Metropolitan Richmond Sportsbacke~, Incorporated. Ayes: Mr. McHale, Mr~ Barber, Mr. Daniel, 8nd Mr. Warren. County due to damage~ caused by the February 2-10, 1994 ice adopted the following resolution: virginia during February ~-io, 1994, Prmsident Cli~tan has issued a major disaster d~claration for the S~ate oS virginia, to include Ches~erfleld County~ and implemented the Public ~RF~AS, Chesterfield County 'has applied for reimbursement, i~ the amoun% of approximately $150,000, for WHEREAS, in order to receive %he federal dlmaater assi~%ance, the State of Virginia h~$ r~quested CheSterfield will bm authorized to mxecute for and on behalf of Chesterfield file th~ application according to the regulations, policies, accept and appropriate fo~ and on behalf of Cheet~rfiel~ County County Board of $~pe~visors, on behalf of its members, apDIicant's a~ant for Chesterfield County~ 94-532 7/27/94 AND, BE IT FURTHER REEOLVED, that ~ copy of this r~solution be permanently recorded among the papers of this Board of superviso~'~0f Chesterfield County, Virginia. Ayes: M~. MCHale, Mr. Barber, Mr. Daniel, and Mr. Warren. Absent: Mr. Colbert. 8.C.2.c. RE~O~NI~.!.NG. MISS LAURA LUDEKE, TROOP 871, UPON ATTAININ~ T~E GOLD AWARD On motion of Mr. Warren~ ~eso~ded by Mr. Barber, the Board adopted the following re-diction: WMEREAE, the Girl Scouts of the United States ~ America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development~ and WHEREAS~ after earninq fo~ interest project patchee, the Career ~xploration ~in, the Senior Girl Scout Leadership Award~ the Senior Girl Scout Challenge, and designing and implementing ~ Girl Scout GOld Award prc~ect; and WHEREAS, ~he Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas oZ leader~hip~ community service, career planning, and personnl development; and WHEREAS, the G'irl Scout ~old A~rd can only ~e earned by ~irls aged 14-57 or in grades 9-1~ and i~ received by less than 6 percent of thos~ inOividuals ~ntering the Girl Scou~ing movement; and W~EREAS~ Miss Laura Ludeke, Trssp 871, ~ponaored by Saint ~ark's United Methodist Church, has accomplished these high s~andards R~d ha~ been honored with the Girl Scouts of the United States of Amgrica ~uld Award by Qbe co~zonwealth Girl Scout Council of Virginia; and W~ERBA$, growing through her experiences in Girl Sedating, learning the lesso~s of r~pensible citizenship, and priding herself on the great accomplishments of her County, Laur~ is of whom we can all be very proud. NOW, THEREFORe'BE IT RESOLVED, that the Chesterfield County Board of supervisors her%by extends it~ eongra%ulation~ to Miss Laura Ludeka and acknowledges the good foyt~n9 Qf the County to have such un outstanding yeunq woman a~ dna of it~ citizenm. Ayes: Mr. McHale~ Mr. Barb~r~ Mr. Daniel, and Mr. ~arren. Absent: ~r. Colbert. 8.~.9. R~ONFIRM REEOLUTION~ A~D ~PE¢IAL REeOGNITZGNS PROM JUNE 82, 1994 BOkRD M~TING on motion of zr. ~larren, seconded by Mr. Berber, the Board reconfirmed the followin~ resolution~ fr~m the June 22, 1994 7/27/~4 o ER. WILLIAM V. DRISEiLL "~BREAS, Captain William V. Driskill Will retire from the Chesterfield County Police Department un ~uly 1, 1994; and WHEEl. S, captain Driskill has provided ever 31 years cf quality service to the citizens of Chesterfield County; end WH~REAS, Cuptain Driskill has faithfully served the County in the capacity of Patrol o£~icar, Sergeant, Lieutenant, and Captain; and WHEREAS, Captain DriskilI has used his'tremendou~ insight in h~am rolation~ for tho benefit of the POli~o Department and the County; and W~ER~Z, Captain Dr~skill has, for many year~, commanded the operations of the South District of the County and directly i~pacted the ~afoty of tho community by being instrumental in the implementation of the community policin~ effort, specifically in the Villag~ of ~t%riek andlalong the ~effersen Davi~ Corridor; and .. WHEREAS, Chesterfield County and the Board of supervisors will miss Captain Driskill's service. ~QW, THERE?OR~ BE IT RESOLVED, th~ the Cheoter£1eld County Boa~d of S~pe~viscts p~bliely recognizes Captai~ William V. Driskill and exten~s, on behalf Of its members and ~he citizens of Chesterfield County, their appreciation fur hie service to the County. AND, B~ tT FURTHER R~SOLVED, tha~ o copy of this r~olution be appropriately prepared and ~r~s~nt~d to Captain Drlski!! an~ that this resolution be permanently recorded among the papers of this Board of Supervisors uf ~hesterfield County, V~rg{nla." "~EREAS, ~rs. Dorothy Bowers Meldrun'retirod on guns 18, 199~ sfte~ sarvin~ from 1971 to 1994 as Secretsry of the Chesterfield County Electoral Board; and WHEREAS, ~rs. Mel~ru~ has served ~s a msmber of the virginia Electoral Board Association; and WHEREAS~ Mrs. Meldrum wa~ instrumental in establishing Central Absentee Precinct for ckeoterfield county; and WHEREAS, Mrs. sol,run assisted in obtaininq ~o~e~n voting equipment for th= County; and WKEREAS, Mrs. Neldrum~s attention to detail in ascertaininq tho =esults Of the elections ~o the stats ~oard Elections and to hhe governing body of Chesterfield County has earne~ her respeo~ from thas~ t~o bodies; and WHEREAS, Ers. geldrum's dedication-and loyalty wiI1 be missed by the R~gistrar*z Office and t~e 0·fficer~ of El&orion at the precincts. Bowers Msldrum for h~r many years of dedicated service ~o the 94-534 7~27~94 AND, BE IT FURTHER EES0LVED, that a copy of this resolution bs app~.opria~ely prepared and presented to Mrs. Meldrum and that th~s r~01ution b~ permanently recorded among thc papers of this Board of supervisors of Chesterfield County, Virginia." Ayes: Mr. McHale~ Mr. Barber, ~r. ~a~iei, and ~r. Warren. Absent: Mr. Colbert. OF F~NDIN~ PROPOSED EXPANSIONS RT THE RICHMOND INTeRNaTIONAL AIRPORT On motion of ~r. Warren, eecon~ud by ~r. Barber, the Board adopted the following resclutiom: RE~0LUTION OF THE BOARD OF S[/PER~ISORS CF CHESTERFIELD COUNTY AgPROVING THE RLA~ 0P ~INA~CING FOR T~E CAPITAL R~GION AIP~ORT CO~IS$ION FOR TEE P~POSE 0F FINANCING OR IMPROVEMENTS AND EXTENSIONS TO THE RIC~OND INTERNATION~ 9ur~uan= to the 9=ovi~ions of Chapter 380 o~ =he Act~ of Assembly of i~S0, as amended (the "Enabling kct'~), and own~ and operates the Richmond International Airport (the WHEREAS, in order ~o expand its facili~l~ due increasing passenger and cargo de~and~ the Commission desires to undertake any ur all of th= improvements, ~ntargements~ replacements at the Airport (the "Proj~st") and imsu~ its bondm, notes, or other obligations (~he "Obliga:ions") pursuant to a plan of finance, all a~ m~t forth in Exhibit A; and WHEREAS~ the ~na~ling Act requires that the governing body of each partiuipating political subdivision of the commission Qf indebtedn~ by the Commission; and WHEREAS, Section 147(f) of the Internal Reve~u~ Code 1986, a~ amended (the '~Code"), provides that, following public hearing, the 91an of finance for the issuance of ex,pt facilities bonds or notes be approved by certain ~l~t~d public ~o~ies in respect cf the i~e~ of s~h bonds or note~, which in the cas~ of tha Commission includen th~ Board of Supervisors of =he County of Chesterfield, Virginia (~he "County"); and WHER~S, ~he plan of fln~nce for th~ i~ua~ce of Obligations for the Project was the subj~u~ of a public hearing by the Commission on July 15~ 1~94, pursuant to the of Section 147(~) uf %he Code; and Supervisors of the dounty ~pprove th~ plan of finance for the issuance of the Obligations to finance or refinance any or all parts of the Project and their maxim~ amount, a~ required the =nabllng Act and by the Code; and approve the Commission'~ plan of fln~nce as set forth Exhibit A. 7/27/94 3 ~OW~ T~EREFORE BE I~ RESOLVED, BM THE BOAP~D OF SUPERVISORS OF THE CO~/NT¥ OF CMEeTERFIELD, VIRGINIA: 1. Tho Board hsrsby approves the issuance of the Obligations by the Commission pursuant to 'the plan Of finance fur bhe Project, ali as described in Exhihit A., and the gsneral purposes th~rsof for the financing or refinsncinq of 14?(f) of the Cods, 2. Thc approval Gf the plan of finance for th~ creditworthiness of the Project, the~ Airport, or tho Commission. As set forth in the plan of financa~ the Obligation5 shall provide t~at neither ~h~ County nor Commi~glon ~hall b~ obligated to pay the'©bligations or the interest thereon or other costs incident thereto except fro~ the revenues and moneys pledged therefor and from any other funds which may become available~ and neither the faith or credit nor the taxing power of the Commonwealth, th~ County, or the Co~ission shall be Dlod~sd thereto. 3. This resolution shall take effect immediately upon its adoption. Ayes: F~¢. ~eaale, ~r. ~r~er, ~r. Daniel, and M~. Warren. Absent: Mr. Colbert. (Ia is noted a copy of E~hibi~ A is filed with the paDer~ of this Ssard.) S,C,~, AUT~ORTZATTON OF UBB O~ UTILITY INDUCEMENT FUND TO PAY FO~ WATER ~D WASTEWATER CAPITAL FRONTIN~ RU~FIN ~ILL ROAD On motion of Er. Warren, seconded by Mr.. Barber, the Board authorlz~d um~ of the Utility IndurateD% Fuhd, in aD emount not to exceed $25~Q00, to Day f~r water and wa~tewater cap~tal ~eters (1 1/2 inch oa~h), to serve a parcel currently optisned Parcel #150-9-1-7, Absent; Mr. Colbert. AUTHORIZATION FOR COUNTY ADMINIST~TOR TO EXECUTE On ~otiun of ~r, Warren, ~ecended by Mr~ Barber, ~he Board authorized the County Ad~ni~t~ato~, on b~half of the County, to ~×eeut~ the ~olie~ ~utual Ai~ Joint Aviation Agreement. (It is noted a copy of the Agreement is filed with the pa~ers of this Ayes: ~r. Morale, Mr. Barber, Mr. Daniel, and ~r. Warren. Absent: Mr. Colbert. FEDEP~L FUNDING On motion of ~r. Warren, seconded by Mr. Barbsr, ~hs Board authorized the C~esterfield I~ter&geney C~otdinatin~ Council to apply annually fur Part M federal fundinq for services to developmentally doAmy~ infan~ an~, upon grant approval, appropriated $113,~00 in Part ~ funding now:being applied for. Ayes: Mr. MoRale, ~r, Barber, Mr. Daniel, and ~ir. Warren. Ab~est: Mr. Colbert. ....... AUTHORIZATION OF FUNDS TO RETAIN ~N BCOROMTC ~L%R~ET COnSULTAnT AND PROVIDE STAFF SUPPORT TO DEVELOP PLAN On ~otion of ~r. Warren, seconded by klr. Barber, the Board authorized the use of $3S,QQO, from General Fund Balance, to retain an Economic 14arRet Cuns~ltant and provide ~taff ~upport to develop an economic analysis and strategy for the Central ~URCHAES OF TRAILER~ On ~otion of M~. Warren, seconded by Mr. Barber, the Board Improvement Program (CIP) Reserve fo~ School Projects to the School Capital Project Fund for the purchame, in FYPS, of one h~ndred twenty-five' (125} trailuru currently under lease. Absent: Mr. Colbert, on mo=ion of ~L~. ~rren, ~oon~ed by Mr. Barber, the Board appropriutud $10,00~ from th~ ~idlothian District Thre~ C~nt Road F~nd ~or uonstruotlon ~f a fence along Robiou~ Read st James River West ~ubdivision. Ayes: ~Lr. Morale, Mr. Barber, Mr. Daniel~ and Mr. Warren. 8.C.11.b. FOR FAVI~ O~ ~ILL STRBET On motion of ~r. Warren, seconded by Mr. Barber, the Board appropria=ed $3;500 from the Bermuda District Three Cent Road Fund tc pave ~ill Street, from Winfree ~treet uuuthward to dead end (approximately 400 feet). Ayes: ~r. McHale, M~. Barber, Er. Daniel, and Mr. Absent: Mr. colbert. On motion of Mr. Warren, seconded by Mr. Barberr the Board appropriated $~,ooo~Srom ~he Bermuda Districn Three Cent Road Fund to purchase approximately 550 feet of concrete pipe Ay~: Mr. Mo~ale, Mr, Earber~ Er. Daniel, and Mr. Warr=n. Absent: Mr. Colbert. APPROVAL O~ ~CI~%L ~ROJECT AGREF~4ENT WITH CENT~L VIRGINIA WASTE MANAGEMENT AUTWCHITY FOR WASTE TIRE On motion of Mr. Warren, seconded by Mr2 Barber, the Board authorized the County Administrator to .e×~aut~ a 9Denial 9rcj~ct Agreement with the C~ntral Virginia Waste Management Authority (CV~q~A) for a Waste Tire Recycling Program and ~t fees at a l~vel t~ r~cov~r ~ont (~timated at $1.~/tirm) and appropriated $25,000 in anticipated revenue and expenditures, Absent: Mr. Cotbsrt, LOSS CONTROL, A~D ACTUARIAL SERVICES On motion of Mr. Warren, seconded by ~r. Barber, the Board awarded a contract to Johnson & Miggins of Virginia for brokering services; awarded a contract to COSMA, I~eorDoreted for loss prevention ~ervlce~; and awarded a contract to Coopers & ~ybrand (~.¥.) to per£orm an actuarial study oS t~a risk Ayes: Mr. ~nNnle, M~. Barber, ~r. D~ni~l, and Mr. Warren. Absent: Mr. Colbert. 8.0.14. AW~=qD OF GONTRAGTS O~ THE NEW ~AIRGROU~DS~CHRISTMA~ B~ILDI~G On motion of Mr. Warren, seconded by Mr. ~arbsr, the Board awarded a contract to White Con~truc=ion Company, the bi,dar, in the amount of $4Q7,99~, for construction cf the new Fairground~/c~istma~ Building~ whic~ will be a multifuncticn&l building for uza by the Christmas Mother,'Fair Association, Parks and Recreation Deportment, and other County d~purtmcnts. (I~ is noted funds for t~is Drojeot are available in ~e 19~5 Capital Improvement Program.) Ayes: ~. ~cHale, Mr. Barber~ ~r- Daniel, an~ Mr. Warren. Absent: ~r. Colbert. &.C.14.b. TO GERALD K. MOODY POR CONSTRUCTION OF TI~t~RS COURT WATER LINE RE}~AEILITATION On not,on ef ~r. warren, seconded by Mr, Barber, tho Board awarded a contract to Gerald ~. Mo~dy, T/A ~outhern Con,traction Company, in the amount o~ ~9s~970, for construction cf th~ Crcs~ti~b~rs Court Water Line Rehabilitation Project~ $93-0294R. (It i~ noted funds for this project are available in the current Capital Improvement Propram.) Ayes: Mr. McMale~ Mr~ Barber~ MT~ DaMiel, a~d Mr. Warren. Absent: Mr. Colbert. 7/27/94 R.C.i$.a. TO WALT~R C." LI~K, INCORPO~ATE~ FOR CLOSURE On ~otion of Kr. ~arren, ~conded by Fur. Barber, the Board author~zod the County Administrator to execute a change O~de~ to Walter C. Link, Incorporated, in a~ a~eun~ not =o exceed $20~00~ ~or construction of the final cap at the Northern Area Landfill. (It ks noted funds are available in th~ uurrunt Droject budget.) Absent: ~r. Colbert. S,C,l$,b, TO D, W. LYLE CORPORATION TCR ~WI~T CREE~ WATER On motion of Mr. ,W~rran, sacondod by ~r. Barber, the Board authorized the County Administrator to execute Change Order No. 1 =o D. W. Lyla Corporation, in the amount of $21,000, for the Swift Creek Water Treatment ~ant Da~ Improvements Project, #92--0131. (It is noted funds are available for thi~ project in ~llBEK WAST~WATBR TREATK~NT ~LANT BXP)~NRION On motion of ~r. Warren, ~econded by ~r. Durbar, the Roard authorized the county Administrator to exmcu=e Change o~d~r No. 3 to Pi~sagall~ Construction company, in the amount of $41,94~, for the Proctors Cree~ W~stewater Treatmont Pla~ Expa~$ion PPojeot, ~88=0163E. (It is noted funds are available in the curren~ capital Improvement Program.) Ayes: ~r. ~o~al~, ~r. ~arber~ Mr. Daniel~ and Mr. Warren. Abaent: Mr. Colbert. DATE FOR PURLIS HE~/%ING TO CONSIDER ~N ORDINANCE TO ;d4END THE CODE OF THE COUNTY O~ ~HEZTERFTELO. ~-~Z.Y RELATING TO T~X REFUNDS On motion of~r. Warren, ~econd~dbyMr. Farber~ the Board set ~he date of August ~4~ 1994 at 7:00 D.m. for e public hea~lng to connid~r an ordinance %O amend the Code of the County of chesterfield, 1978~ as amended, by amending and reenacting Section 8-12.7 relating to tax refunds. Absent: Mr. Colbert. B.C.17. REQUEST FOR EINGO/RAPFLE PERMIT on motion of ~. warren, seconded by ~r. ~urber, the Board approved a raffle permit for Chesterfield Junior Woman's Club far calendar year 1994. Ayes: ~r. McHalo, Kr. Barber, Kr. Daniel~ and Mr. Warren. Absent: ~r. Colbert. FOR ENTERTAINMENT/MUSICal FESTIVAL PERMIT On motion of Nr. Warren, s~conded by Mrl Barber, thc Board approved an entertainment/musical festival permit to the Chesterfield County Fair As~eciation for the annual Chesterfield County Fair from August 26, 1994 through September $, 1994, subject to such conditions as the County Attorney deems necessary. Ayesz Mr. HcHale, ~r. Barber, Hr. Daniel, and Mr- Warren~ Absent: Mr. Colbert. 8.c.19. STATE RG~kD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions ~rom this Board, made report in ~riting upon his examination of the road in Eaglewood, Section ~, Clover Hill District, and W~eTeas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Eaglewood, Section 2, Clover ~ill Dlstrlct~ meet~ the r~quirement~ e~tahlinhed by the Subdivision Street Requirements cf the Virginia Depaut~ent of Transpor- Whereas, the County an~ the Virginia Department ~£ Transporta- tion have entered into an agreement, recorded in Deed Book 24~ P~ge 40~ January 21, 19~4, for all atormw~er detention/ retention facilities in the County_ Therefore, upon cens~deratien ~hereef, and on motion c~ ~r. Warren, seconded by Mr. sarber, i~ is resolved that the road in Eagleweod~ Section 2, Clover Bill District, be and it hereby i~ established as a publi~ road. And be it further resolved, tha~ the Virginia Department of Transportation~ be and is hereby requested to take into the secondary System, ~ursuan~ to Section '33.1-2~9, Code of Virginia~ and the Department*s Subdivision Street Requirements, the following: Name of Street: Northoreek Drive Length: 0.04 mile From: the end of Route 4225 To: the cul-de-sac Guaranteed Right-of-Way Width: 50' feet. This request is inclusive of the adjacent slops, sight distance, clear zone and designated Virginia Department of Transportation drainage easements indicated on the development plat. This section of Eagla~oed i~ recorded as follows: Seetlon ~, Plat Book 79~ Page 31, September 29, 1992. A~es: Mr. McHale, Mr. Barber, Mr. Daniel~ and Mr. Warren. Absent: Mr. Colbert. This day the County Envirenmental Engineer, i~ aecorda~oe with directions from this Board, made report in writing upon his e~amination of the roads in Harbour Points Village, Clover Hill District, and 94-540 7/27/94 Wheream, the Resident Engineer for the Virginia Department of Transportation ha~ advised the Director of Environmental Engineering, the ~treet~'in Harbour Points ~illage~ clev~ Hill Distrlot, meet the requirements established by the Subdivision Street R~uire~e~ts of ~hs Virginia Department of Transportation, and Whereas, ~he County and the Virginia Department Q£ ~rans~orta- tion have entered into an agreement, recorded in Deed Book 24~3, Pag~ 405, Jan~mry 21, 1~94, for all ~ormwat~r detention/ r~tmntion facilities in the County. Thetefore~ Upon consideration whereof, and on motion of Warne~ seconded by Mr. Barber~ it io resolved that the roads in Harbour Points Village, Clever Hill District, be and they hereby arm established ~o public roads. And be it fur=her ~esolved, that the Virginia Department of Transportation, be and is hereby requested tQ take intu the Secondary System,. pursuant ts Section 3~.I-229, Cod~ of Virginia, and the Department's Subdivision Etr~t R~quiremante, the following: Name of Street: Baysida Lane Length: 0.13 mile Guaranteed Right-of-way Width: 6Q' to ~0~ feet variable. Name of Street: Marbuur View Court Length: 0.14 mile From: the intersection of Route 360 TO: the oul=da sac ~uarenteed Right-of-Way Width: 60' to SO' feet variable. This request is inclusive of the adjacent Slope, ~ight distance, clear zone and designated virginia Department of T~a~gpo~tation drainage easement~ indicated on the plat. These roads serve as access to adjacent commercial properties. Harbour Poin=e Village is recorded as follows: Deed Book 2316, Page 380, March 26, l~SJ. Ayes: Mr. McHale, Mr. Barber, Mr. Daniel~ and Mr. Wam~en. Absent: Mr. Colbert. Thio day the county Bnviron~ent&i Engineer, in uccordunce with directions from %his Beard, made report in writing u9on his exami~&tioh of the roads in Drittonwood, S~tion 3, Dale Distriot, and Whereas, the Resi~en~ Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the sLreets in Brittonwccd~ Section 3, Dale District, me~t th~.m~quire~e~ts ~stabliehe~ by th~ Subdivision Street Rec~ire~ents of the Virginia Department of Transpor- tation, and Wher~a~, the County and ~he Virginia Department of tion have entered into an agreement~ recorded in Deed Book ~SS~ ~age 405, January ~t, 1~9~, for all etcrmw~t~r detention/ retention ~acilitiem in the County. Therefore, uD~ consideration whereof, and on motion of Warren, seconded bv Mr. Barber, it is resolved that the road in Brittonwoed, Section 3, Dale District, b~ and they hereby are ~s~abliehed as public roads. And bs it further resolved, that the Virginia Department of Tran~portatlon, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Coda of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Brittonwood Drive Length: 0.17 mils From: the end of Route 20~ Guaranteed Right-of-way width: 50' feet. Name of Street: Lyn~rook Lane '. L~ngth: 0.07 mile Frc~: the int~r~eotion of Brittonwood Driv~ TO: the cut-de-sac Guaranteed Right-of-Way Width~ 50' £eet_ This request is inclusivm of the adjacent slops, sight distance, clear zone and designated Virginia Department of Transportation draina~ ~as~ntg indicated on th~ d~v~lopm~nt plat. These reade ~e~ve 2S late. This section of Britto~weod i~ recorded as foll~w~ section 3, Plat Book ~6~ Page 60; June &.~ 1976. Absent: ~r. colbert. This day the County Envirorn~ental Engineer; ~n accordance with directions ~rom thi~ ~oard, made r~port ~n writing u~sn hie District, and Whereas, the Resident Engineer for the Virginia DeDsrtment of Tranmportation has advised the Director cf Environmental Engineering, the strset~ in Doer Run, Section 5, Matcaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transpor- tation, and Wherea~, the County and the virginia Department of tion have entered into an agreement~ ~ecorded in Deed Book ~4~3~ Page 40~ J~nuary ~l, 1994, for all stermwater detention/ retention faciliti~ in the county. Therefore; upon consideration whereof~ and on motion of Warrun, accented by ~r. ~arbar, it is resolved that the roads i~ Beer R~n~ Section 6, ~atoaoa Diut~iet, b= end they ar~ ~stabliehed a~ public roads. And be it further resolved, t~at tko virginia Department of T~an~Do~tetion, b= and i~ her=by r~queste~ to take into the Seoon~ry System, pursuant to Section 3~.1-229, Cods of Virginia, and the Departme~tls Subdivision ~treet Requirements, the following: Name of Street: Deer Run Drive i~ngth: 0.32 mile From: Deer Run Drive, Deer Run, Section 7 To: the intersection of Eentuoky Derby Drive Guaranteed Right-of-way width: ~0' Name of Street: Chateaugay Lane Length: 0.~5mile From: the intersection of Dear Run Drive To: the dead end Cumrantesd Right-of-Way width: 50~ 94-542 7/27/94 ~ame of street: Lqcky Debcnai~ Lane Length: 0.17 F~om: the intersection of Chatesugay Lane To: the intersectie~ cC Native Dancer Drive Guaranteed Right-of-Way Width: 50' feet. ~ame of Street: Native Dancer Drive Length: Q.Q5 mile From: tho intoroec~io~ of Deer Run Drive south To: the cul-dm-mac Guaranteed Right-of-Way Width: 50' feet. Name of Street: Again, Native Dancer Drive L~ngth: 0.16mile From: the intersection of Dee~ Run Drive north TO: the cul-de-sac ~uaranteed Ri~ht-of~Way Width: 50' fae~. ~ams of $~raet: swale Lane Length: o.21mile From: the inte~eetion of Chateaugay L~n~ To: the intersection of Native Dancer Drive Guaranteed Right-of-Way Width: ~0' Name of ~treet: Cannonade Lane Length: 0.2~ mile ~rom: the intersection of Chatoaugay Lane Guaranteed Right of-Way Width: 50' Name of street: Cannonade Coopt I~ngth: 0.03 mile ~rom: tho inters©orion of Cannonade Lane TO: the ertl-de-sac Gu~rant~d Right-of-Way Width: 50' ~ame of Street: Decidedly Lane Lmn~f~h: 0.13 From: the intermection of Chateaugay Lane To: the eu!-de-sao Guaranteed Right-of-Way Width: 50' feet. Nam~ of Street: Decidedly Court Length: 0.12 mile From: the intereec~ian of Decldedly Lane TO: the oul-de-eao Guaranteed Right-of-way width: 50' Name o~ street: Proud Clarion Lane Length: 0.14 mile From: the intersection of Cannonade Lane TO: the intersectio~ of Swale Lane Guarmnte~d Right-of-Way Width: S0' feet. Name of Street: Winning Colors L~ne ~ngth: 0,~% ~ile From: ~he in~er~ect~on of Deer Run Drive To: the dead end ~ Guaranteed Right-of-Way width: ~0~ feet, Name of Street: winning Cclor~ CouNt Lehgth: 0.05 mile Fro~: the intersection of WiDDing Colors Lane TO: %ks cul-de-sac Guarantee~ Righ~-of-Way Width: S0' feet. Name of Street; Winnin~ Colors Place Length: From: Winnin~ Colors Lane Tn: the cul-de-sac Guaranteed Right-of-way Width: 50' feet. This ~equest is inClusive of the adjacent mlope, axght Transportation drainagm easements indicated on the development ~lat. 7/27/94 ............... L .... ! . .,.I . L I [ I . Ayes: M/. M~ale, Mr. Barber, M/. Daniel, and Mr. Warren. Absent: Mr. Colbert. adopted the following ordinance: A~ ORDinAnCe whereby the COUNTY OF Ca,STaRrY,Lb, Distrlct~ Chesterfield County, virglnla~ both as shown on plat~ duly recorded in,the Clerk's County in Plat Book 2, Pages 1~2 and 15~, and petitioned the Board of Supervisors of Chesterfield C~un%y, Matoaca Magisterial District, Chesterfield county, virginia of the Circuit Court of said County in Plat Book 2, Pages 152 and 153, and Plat Book lB, Page SS, respec%iYely. Th@ lots, portion of righ~ of way, and su~dlvision 9etitlon~d to bm the location of which is more f~lly shown on a copy of which is at~ached; and McCormick Subdivision, Section A, the location cf which is msre fully shown on a plat by G. M. whitman, 431 of the Code of Virginim, 1950, as am®nded, by advertising; WHEREAS, no publi~ necessity exists for the continuance of That pursu~n~ to Settles 15.1-482(b} of the Code of virqinia, 1950~ as amended, the afor%said 'letz, portion of right of way, and subdivision be and are here~y vacated. This ordinance shall be in full fsrce and sffsc~ in accordance with Section 15.1-482(b) of the Code of Virginia, ~ooner tha~ thirty days hereafter in the clerk's office of the 94-944 7/27/94 circuit court of C~esterfield County, Virginia pursuant to Caution 15.1-4S5 o~he Cods of virginiai. 1950~ as amended. The effect of this Ordinance pursuant to section 15.1-483 portion of th~ plat~ vacated. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as granto~ and EUNICE B. BROWNING and ~KNR/{0 R~CR~ R0h~, or their successor~ in ~itle, as grantee. TO: adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIROINIAz ("ORANTORTM} vacatam to EUNICE B. BROWNING and BERNARD RITCHIE ROANE, ('~GRANTEE"), Lotu 10 and 11 and a portion of Joe Avenue within Distriut, Chester~iel~ County, Virginia, ~oth aM office of =he Circuit Court of Cheetarflsld Plat Book 15, Page 55, respectively. and McCormick Subdivizion, Section A, dated July 28~ 1965, Matoaca ~agis~er~al District, Chesterfield County, Virginia more particularly shown on pl~ts recorded in the Clerk's office uS the Circuit Court of said County in Plat Book 1, Pages 152 and 153, and Plat Book 15, Page 55, respectively. The lots, portion o~ right c£ way, and subdivision pe~itioned to be the location of which is more £ully shown on a copy o~ which is attached; and NcCormick Subdivision, Section A, the location of which is more ~dlly ~hown on a plat ~y $. ~. Whitman, Jr., C~S, .dated July 28, 1965, a copy of which WHERF~.S, notice h~s been given purmuan% to section 15,1- 4~1 of %he codo of Virginia, 1~50, as amended, by advertising; the lots, portion of right of way, and subdivision sought to be Virginia, 19~0~ as amended, the aforesaid lots, portion of accordance with Section 15.1-452(b) of the Code of Virginia, 7/27/94 together with the plat attached hereto, shall be recorded no sooner than thirty days hereafter in the Clerk's Cffice of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of V~rginia, t950t a~ amended. The effect of this 0rdinanc= pursuant to Section 15-1-455 is ~o destroy the force and effect of the recording cf the portion of the plats vacated. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as grantor and EUNICE B. successors in title, as grantee. Vote: Unanimous" Ayes: Mr. McHale~ Mr. Barber~ ~r. Daniel~ and Mr. Warren. Absent: ~r- Colbert, a.c.zl. APPROVAL OF UTILITIES CO~TRACT~ On motion of Mr. Warren~ ~econded by Mr. Barber, the ~oard e~reved a utilitiee oun~rac~ for Clerk's Forge, Contract Nunkber 9~-0~63~ a~ follo~s, which p~ojest include~ th~ extension of 3,~8~.71 L.F.+- of 12 inch and lO inch overelzed westewater lines and authorized the County Administrator to DavetoDer: G.B.S. Holding, Ltd. Contractor: Co~stllne Contractor~ Incorporated Contract A~o~t: Estimated Total - $2S~,369.00 Total Estimated County Co~t: Wastewater (Overslz~nq) - $ 13,0~.7& (Refund thru cunnectlon~) E~timated Developer CoeUr - $247,~45.26 Code: (Oversizing) ~N-572V0-~4D District: Nidlothian Ayes: Mr. ~cHaI~, Mr. Barber, Mr. Daniel, a~d Mr. Warren. Absent: ~r. Colbert. approve4 a utilities contract for Jessup Meadows, Section A, extension of 1,057.62 L.~.+~ o~ of Zsi~e 10 inch wastewater lines and authorized the County Administrator to execute any Contract Amount: Estimated Total - ~154,962.00 (Refun~ thru connections) Wsatewater (Offsite) Cod~: Overslzing) Offsite) Di~tr£ct: Dale ~ $ 3,034.43 - $ 10,459.54 ,-i approved a request from Mr, Richard M. and ~s. Anita L. Ashley is note~ a cody of =he vicinity sketch ~ filed with the papers of this Board.) Absent: Mr. colbert. 8.C.22.b, ~ROM RK. JAMES D. BOOTH TO E~CROACH WITKIN A On ~otion of ~r~ Warren, ~econded by ~r. Barber, the Boar~ approved a ~e~ue~t f~cm Nr. J~me~ D. Booth for a portion of a driveway across t~e easement to serve a garage, subject to the cx=cution of a licens~ agreement. (It is noted a copy of the vicinity sketch is filed with ~he papers of this Board.) Absent; Mr. Colbert. s.c.~,a, Ms, ~ARBARA ERANDON On motion of Mr. Warren, seconded by ~r. Barber~ the Board authorized the County Attorney to proceed w~th ~minent domain on an emergency basis and exercise immediate right of entry acquisition of a portion of a 50 foot riqht of way for the Lade Read ~aving ~rojsct an~ authorized %he County Administrator to noS±fy the owner by certified ~eil o~ J~ly 28, 1994 of the County's intention to take possession of the right of way. (It is ~oted a copy of th= plat iu filed with the papers of this Board.) Absent: Mr. Colbert. on motion of Mr. Warren, ~esunded by Mr. Barber~ the Board authorized the Coqnty Attornmy to proceed with eminen~ domain om an emergency basis mhd exercise immediate right of entry pursuant ~0 BeGtiun 15.1-2~.1 of the Code of Virginia for acquisition of a portion of a 50 foot right of way for th~ Lade Road ~aving Rroject and authorized the County Administrator to notify the owner by oertifie~ ~ail o~ J~ly 28, 1994 of the County's intention to ~ake possession of the right oS way. (It is noted a copy of the plat is filed ~ith the papers of this Board.) NATURE PARK FROM ROELYN FARM CORPORATION On motion of ~ar. Warren, seconded by Hr. Barber, the Board easement for a nature park from Roslyn Farm Corporation and authorized the coun=y Adminimtra=cr to execute ~he easement agreements upon approval by the County Attorney. (It is noted a copy cf tbs vicinity sketch is filed wi~h =he papers of this Board.) Absent: Mr. Colbert. 8.0,25. ACOE~TANCES OF PARCELS OF LAND ~.O.~.a. ALON~ O~AR ~PRIN~S ROA~ ~BO~ ~R. WARREN O. ANO MS, CHARLOTTE F+ ~ARKS accepted, on behalf of ~he county, the conveyance of a parcel of land containing 0.068 acre~ along Cedar Springs Road fro~ ~r. Warren C. and Ms. Charlotte F. Marks and authorized the County Administrator to execute the necessary deed. (It is Board.) Ayes: Mr. McEale, Mr. Barber, Mr. Daniel, and Mr. Warren. Absent: Mr. Colbert. ~.~.~.b. ALON~ WEST HaNDRED RO~D FRO~ VIRSINIA TRUCK CENTER OF RIC~OND0 IKCORPORATED On notion o~ Mr. Warren, seconded by Mr. Barbar~ the Board accepted, on b~half u£ the County, th~ conveyance of a parcel Virginia Truck Center of Richmond, Incorporated and authorized the County Administrator to execute the nece~mary deed. (It is noted a copy of the plat is ~iled with the papers sf this Board.) Ayes: Mr. ~cHale, Mr. Barber, Mr. Daniel, and ~r. Warren. Absent: Mr. Colbert. PARTNERSHIP ~OR ECONOMIC DEVELOPMENT, INCORPORATED Hr. Micas stated th~ i~sue before the ~oard is to consider approving the by-laws for the new public-private partnership for Economic Development, Incorpora=sd. He further s=atsd the Cit~ of Richmond, Barterer County, and the Chamber of Co~erce have approved the By-Law~ in such a fashion that it requires two of the four public entiti~s and two of the four private Board of Directors to be insluded in any m~jorlty to pass any has suggested the By-Laws be revi~ed to require three of four ~rom th~ public sector and three of four from the private sector e~ a pre-condition to approving any action. He further stated to date~ the City of Richmond, Hanover County, and the Chantber of Co~merce have approved the By-Laws with 50 percent or two o£ four requirement mhd that Chesterfield and Henrlco Countie~ need to act and Eenrico has indicated they will consider the revision of three of four. Ke noted from a legal point of view, the new Partnership can adopt their own By-Laws. I4hen asked, h~ grated once each locality .%as signed off on the By-Laws, the new Partnership will have to 3dopt the By-Laws and until th~ ~artnership adopts By-Laws, ~ey ars bound by 94-~45 7/27/94 Robert's Rulss o~ Order end, therefore, they need to ado~t by- laws in order to conduct their business. Nr. Daniel stated the By-Laws were originally drafted for oonsiderati0n that went threuqh various groups and no one set negotiating and trading. Ha further stated early on, there was three entities and then that moved to three localities and that ha~ representatives who live in various localities, in which chesterfield yielded in order to move things aleng~ and the issue of equal funding in th~ public sector, in which he endorsed in principal. Me further stated this year~ Hanover County will b~ a partner st a lower fee than the Counties of Chesterfield and Man,icc and the City Of Richmond; however, it is their intention to become a full funding partieipan~ year; that the current Metropolitan Economic Development Council (MEDC) h~¥s adsorbed all personnel ee~s associated with the Executive Director position; that the me~qer has been a process of negotiations to a~sure that block voting would not take place yet a mechanism is still in place fen block voting; that partnerships ar~ about Degotiations and he is commltted to the Partnership getting underway in a positive manner; and h~ language. Mr. Warren inquired as to the vote on the By-Laws by the Partnership. Mr. Niece clarified tho Partnership did not vote, however, the City of Richmond, the County of Eanover~ and th~ four Cham~ar s£ Commerce members vc~ed tc approve the By-Laws in its original Mn. Warren then made a motion, ~ecunded by Mr. Barber, for tho ~oard to approve =ne original By-Laws f~r the Public-Private partnership for Economic Development, Incorporated, Nr. McHule stated he would support the ~ctic~ however, he is concerned abou~ t~le possibility of setting up a win/lose situation. Me further stated in issues dealings with regional coo~eration and the Regional Summit, the Board w~nt to their colleagues on ether' Boards and agreed not to act on scything bused on a wln/lose situation, and he understands Mr. Daniel's re,est as being ccnslstent with that. Me ~tat~d h~ f~ol$ this is a risk-takinq opportunity ~nd inquired if the Board, at some point in tlma, decides not to fund tbs Partnership, whether that action could ~e addressed through the budget process. Mr. the organization, they can decline to fund it. Mr. stated based on that information, he could support tko motion. Mr, Daniel stated hs would make tho vote unanimous and indicated he feels the~e have been some erroneous assumptions sf personal motives on his Dart concerning this issue. Mr. McHa~e called for the vote on the motion made by Warren, meconded by Mr. Barber, for [he ~oard ts approve the original By-Laws for the Public-Private Partnership for BYLAWS OF PUBLIC-PRIVATE PARTNERSNIP FOR ECONOMIC DEVELOPEENT, IN~. ~'~E 94-5a9 7/;~7/94 ........... ~ rTM ...........q .......... ! '1"---' r The name cf th~ corporation is Public-Private Partnership for Economio Development, Ina,, hereinafter referred to as the "Corporation"- PURPOSES Set ferth in the Articles of Incorporation of the Corperation ~RTICLE III The initial Members e~ the Corporation shall oonsis= of ("Metro Chamber"). There shall be one class of Members. of local government, may bs added iu accordance with Section DIRECTOR8 until their ~u~cessers are duly appointed. Thereafter~ ~he geverninq bodies of the Cad,ties of Che~terfield, Hanover, ~enrlce and ~he city of Richmond shall each appoint one of their elected representatives to serve as a ~ember of the Board its member organizations to ~erve on t~e Board of Direotors for a one-year term. Directors shall be eligible for ccmdu~ of the CorDoration~s business ma~ be reimbursed. The Metro Chamber shall appoint one (1) additional representative to the Board of Directors for each addltiun81 unlt cf local government that becomes a Member of the Corporation- Direoters removed by their appointing Member, and in ~he case of an officXal. Th~ appropriate Nember shall appoint a qualified eligible to pattie±pate in the affair~ of the Cooperation pursuant to Articl~ XII of the ~ylaw~, ~ke number of Me,re number of local government directors eligible to vote. 4.1 Th~ ~oard o~ Dir~stors shall be the govmrning body of 4.3 At its initial meeting and at each subsequent ~neual Chairman, President and Chief ~xeoutive o~icsr, a Secretary desirable. ~.1 The Standing Committees of the Beard of Dirsoters (a) Budget/Finance Committee. The Budget/Finance Commlt~ee shall consist of the Chairman and %hree Directors. The B~d~et/Finunce Co~u~ittea ~hall develop and recommend flmanclsl policiem ~nd procedures as wall as the annual budget. It ~hall be responsible for creating accounting and investment oantrclo governing the financial n~na~ement of the corporation. (b) Audi~. Committee. The Audit Committee shall Consist of the chairman and three Directors. The Audit committee shall be responsible for i~ter~al audits of the Corporation's fiscal operations and shall perform such other tasks as ara assigned to it from time to time by the Board of Directors. An audit of the books and Corporation shall be conducted at least annually by a Certified public accounting firm selected by the Audi~ Committee. 5.2 other Committees. Ad Hoc Committees of the Board of Directors may b~ appointed by the Chairman ts deal with specific, limited matters and shall dissolve upon completion of the assigned task. ~.~ All committees shall be composed of equal representation fra~ private and public Members. meetings durinq each fiscal year and s~all held such additional twenty-four hours (a4) shall be ~iv~n of all meshings an~ at! such notices uh~ll, us far as practicable, specify the business to be considered by the ~oard of Directors at such meetings; provided that such notice ~ay be ~ai~ed by written waiver ex~cu~d in advance of any s~aci~l meeting by any Director wha Except us other;isa specifically provided, a ~ajority VO~e cf Board of Directors with such majority to includ~ at l~a~t two vote~ from Directors appointed by local government dir~ctor~ and ?~% of th~ privat~ sector directors shall be a bulk transfer cf the Corporation's assets, appoint or terminate %he President and Chief Executive Officer, to incur approve the budget, No additional public sector member shall 6.3 The Chief Administrative Offioer of each local government Member of the Corporation and %he Chief on the Scard cf Directors when any such Director shall unable to ~tteDd meatiDgs. In ~4dition, ~he Chairman cf the Director, may serve as a voting alternate for one or more provided for~ ther~ ~hall ba no proxy voting. ~ [ [ ~1 L ~1 [ ABTICLE VII DUTIES OF OFEICERS ~.~ Chairman The Chairman shall preside at meetings of the Board ex-officio member without a note. The chairman shall represent the Corporation at official funotien~ and ceremonial events and nhalI rule on any parliamentary di~putes~ The Chairman $hall perform such other duties~ consistent with these Bylaws, as msy 7.2 vice-chairman The Vice-Chairman ~hall act in the absence or disability of th= Chairman in all Corporation matter~ and parfor~ suoh oth~r duties, consistent with these Bylaws, as may b~ pr~scrib~d by th~ Board of Diractor~. 7.3 President and Chief Executive Officer The President and Chief ~x~cutlve Officer shall be the chief administrative officer of the Corporation, shall have ~uch ra~pon~ibi~itie~ as ~ay be assigned to him or her by the ~oard cf Director= from time ts time, and shall serve at the pleasure of the Board. The Board may enter into an employment =on=tact with the President and chief Executive officer. Chief Executive officer shall hire such other staff as is authorized by the Board of Directors and within the li~it~ of the budget approved by the Board of Directors. Tko Secretary shall prepare and be responsible for the minutes uf all meetin~ ~f the Board of DirectOr~ and Committees and other nomfinancial records .o£ the Corporation. The Secretary shall disseminate the minutes and other ccmmunicationa from the Beard uf Directors. 7.5 officer Rotation The Chairman position shall r~tate each year between the public and privat~ g~ctor. If th~ Chair~aD is from the public sector then the Vice-Chairman shall be from the private become Chairman st the expiration of the term of the Chairman. In the event th~ vice-Chairm~n who would have become the Chairman im unable to smrve~ the Board of Directorn mhall ~lect a Chairman in accordanc~ with the rotation polic~ prescribed in thim section. ~URETY BONDg Dirsctors~ officers ~r employees handling or having access tm the funds or securities of this Corporation shall be bonded at the expense of th~ suretie~ as the Board prescribe. Corporation in such amount with such of Directors may from time to time ARTICLE ~EETINGS 9.1 The initial annuml ms,ting of the Directors shall be held on or about July 14, 1994, and, unle~ changed by ~he Board Of Direotors~ the annual meeting of the Corporation ~hall b~ h~ld thereafter at such ~i~e and place a~ the ~o~rd of Directors may pre~cribe~ provided, however, that each Me~ber ~hall b~ given t~ (10) day~ notice ther¢o~ 9.2 Roberks Lules of Order, as revised, shall govern the conduct of all msotin~s of the Corporation, the soard Directors and its;:COmmittees ~henevmr specific provisions of %he ~ylaws are not applicable. ~he soard of Directer~ may ad, pt Rules of Procedure go¥~rning conduct of meetings. SERVICES ~O T~E CORPORA?ION The Corporation may rely upon ~emb~rs to the extent feasibl~ for any available services, such as legal advice, ~ccounting services, purchasing, administrative and technical ARTICLE XI The initial fiscal year shall run from th~ first of the Board of Directors in 199~, thrsugh June 3~ 1995. Thereafter the fiscal year shall b~gln on July ~ of each year and terminate on June ~0. The local government Memb~r~ ooll~otively sh~ll pay an ~mount equal to the contribution paid by the Metropolitan Richmond Chamber of do~m~ree. ~he to,al public contribution shall be approved by all local government dir~otor~ eubja~t to appropriation by each governing body. The payment due from each local government Membe~ shall b~ the government's annual ~ayment shall be equal or as confirm their agreement as to payment in writing to the agreed to or revised. Each Member shall maks payment in four equ~l installments within thirty (30) days of billing. Should a Member fail to pay its share of tbs budget, it shall forfeit~ until such payment is made in full, it~ right: (i) to vote or executive ~e~ions; and (iii) to receive any other benefits The Corporation shall make a formal annual report at conclusion of each fiscal year to the Metropolitan Richmond Chamber of Conferee an~ ~he governing bodies of the participating local government~ containing a r~cord cf its actlvi~ie~ and accomplishments, and an accounting cf the funds Absent: Mr. Colbeut. will not tak~ ~ff~et until after Henries County has approved Devetspmsnt, Inca=petered: WHeReAS, the Metropolitan Economic Development Council ("NEDC") wa~ created in 1977 for the purpose of furthering economic development in the region; and region would b~ to join th~ bu~ine~ lead~r~hlp of the area and the area governments into a cooperative publis-private entity; WHEREAS, a new corporabion ha~ been fQrme~ tO e~body thi~ entity; namely th~ Public-Private partnership for Econe~ic Development, Inc. ('~The Parternship") and WHEREAS, it is intended that the Partnership be the the fnllowfng actions: Rartnmrship, and the Partnership shall assume all duties, liabilities, and obligations of MEDC as sat forth in the July assumption of duties, liabilities, and obligations, legal documents shall ~e filed to end tke corporate existence of foregoing ectlens ~y the gevmrnlng b~dles of all MEQC member~, shall cause to be prepared, executed, delivered, and filed ell On motion of ~r. Warren~ seconded by ~r. Barber, the Bo~rd accepted the followin~ water and ~wer contract~ executed by the County Administrator. Mr. Ramsay presented the Board with a status report ~n the General Fund Balance; Reserve for Future Cap~tal Projects; District Road and Street Light Funds; and Lease Purchases. Mr. Ramsay stated the Virginia D~partment of Transportation has formally notified the County of the acceptance of the fellowln~ MOUNT ~ANCO, Routu 909 (Owl'~ ~ollow} - FrO~ 0-13 ~ile'Northea~ Ro~te 886 to 0.19 mile Northeast Route FOREST VIEW, SECTION ONE (Effffeot~ve 6-24-94~ Route 4504 (Eirdbrook Drive - ~rom Route to O.ll milo Southwest Route ~25 Route 4505 (Rollingskde Drive) - From Route 4504 to 0,05 mile Northwest Route 4504 Route 4506 (Frye CoUrt) - From Route 4505 to 0-05 ~ile $0~thw~t Route 4505 FOREST VIEW, SECTION TWO Route 4505 (Rolli~gsido Drive) - From mile Northwest Route 4504 to 0.22 mile WoPthwest Route 4504 KTN~S 5¥NN (Effective Route 1010 (~ings Lynn Road) - From 0.19 mile 1010 tu 0,0~ mile W~t Route 0.11 Mi 0.0~ Mi 0.03 Mi 0.14 Mi !0,A, EXECUTIVE S~SSIO~ PURSUANT TO SECTION CODE OF VIRGINIA. 1950. aS AMENDED= ~OR. CONSULTATION WITK LEGAL COUNSEL REGARDING AOOUISITION OF REAL ESTATE ~Q~_~_..~UBLtC ~UR~OSE IN THE F&kTO~ DISTRICT RELATING TO P~RNS AND HIghWAY RISRT OE WAY CODE OF VIRGINIA, 195~, ~S A~4END~D, FOR CONSULTATION OUT O~ TH~ RENEWAL OF TBB CABLE TELEVISION FRAi~HISE On motion of Mr. Barber, seconded by Mr. MoHale, the Eoard went into an E~ecutive Session pursuant to Section ~-1-~44(A)(3) Code of Virginia, ~9~0~ a~ amended, for eon~ultatlon with legal counsel regarding acquisition of ~eai estate for a public purpose iD the ~a%uaca ~agisterial District relating to 9arks and highway ~ight 6f way and an Executive Session pursuant to section 2.!-344A.7., Code o~ virginia, 19~O, as amended, for consultation with legal couns@l regarding legal i~ue~ arising nut of the renewal of the cable tslevia~nn franchise. Ayes: ~r. McHale, Mr. Ba~be~, Mr. Daniel, and Mr. Warren. Absent: Mr. Colbert. Reconvening: On motion of Mr. Barber, seconded by ~r. Warren, the Beard ~doD~ed the following resolution: N~EREAS, the Bo~rd of Supervisors has this day adjourned into ~xecutive Sesslon i~ accordance with a formal vote ~f the Board and in accordance with the provislon~ cf the Virginia Free~om of Information Act; and 94-555 7/27/94 WHeReAS, the Virginia Freedom of Information Act, effective July 1, 1989, provide~ for certification that such Executive Session was conducted in ~onfmrmity with law. POW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the b~st~ of each member'm knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Info~atio~ Act warm discussed in the ~×eeutive ~easion to which this certification mpplies, and ii) only such public buminegs matters as were identified in the Motion by which the Executive Session was convened were di~entm fro~ thi~ certification. ~he Board being polled, the vote was ae follows: Mr- Warren ~ Aye- Mr. Daniel : Aye. Mr. Berber : Aye~ Mr. ~cHale : Aye. Mr. Colbert: Absent. CONSIDERATION O~ REQUEST O~ COMCAST OAUL~ISION OF ~NESTERFIELb COUNTY, INCORPORATED FOR RENEWAL OF ITS CABLE TELEVISION F~A~CHISE AND ADOPTION OF · -MENDMENTS TO C~3~TER ? O~ THE COUI~TY CODE RZLATIN~ TO PROViDIN~ CABLZ TELEVISION SERVICES TN THE C~UNTY ~r. Micas stated consideration of a request relating to providing cable television services in the County was deferred fro~ the ~une $~ 1994 Board of ~upmrviscrm m~ting to allow Comcast and County ~taff to finalize the t~rm~ of th~ franchise documents, specifically, clarifying how ~ccess charq~ for Institutional Network (INET) $=rvices will be calculat=d. He £u~thar stated negotiations with Comcast have net been completed, t~erefor~, ~taff r~connend~ & t~irty-day deferral. o~ ~otio~ of Mr. Berber, SeCOnded by Mr. Warren, bh~ Board deferred =onslderstion of the request of Cemsast Ca~levieion of televlmion franchise and adop~ioe of amendments to cha~er 7 of in the County until August 24, 1994. ~aptist church, who gave the invocation. 13. PLEDGE OF ALA~UIAMOE TO THE F~AQ OF T~E UNITED STATES OF Ks. hobby Conner, T~oop $71; MS. Lara Gaulding, Troop 871; Erik Lindotrom~ Troop 867~ M~. Allan MacCruffruy, Troop and Mr. Andrew ©1sen, Treed ~97, led the ~l~dge e~ Allegiance to the Flag of the United States of ~m~rica. 14. RBSOLUTION~ AND BPE~IAL RECOQNITIONU Mr. stith introduced M~. Phyllis L. Cothran who was present to receive th~ r~oolu~ion. on motion of the Board, t~e following resolution ~ae adopted: WHEREAS, Ms. Phyllis L. Cothran~ President end Chief Op~rablng officer of Trlgon BlU~ Cros~ ~lae Shield, served a~ Chairperson of ~he Metropolitan Richmond Chamber of Co~erce ao its mission "to promote and provide business leadership in achieving the full economic, poli=ical, and social potential of WHEREAS, during Ns. Cothran'~ Chairmanship, the ~etro Chamber maintained an open dialogue with local governments on development, and education; and leadership, was supportive of the City Of Richmond and the counties of Chosterfi~ld~ Hanover! and Henrico in thei~ Regional Summit on Crime in 0¢~cber, 1~3, held in Richmond and the Reglenal Summit in M=y~ 1994~ held in Hanover; and W~EREAS~ during Ms. Cothrsn's term as Chair of the Chamber, the Chamber sponsored the reglon'~ ~ocond TnterCity visit to Cincinnati~ Ohio in ~ay~ 1994 affordinq local officials the opportunity to see, ~ith privat~ ~ectur l~aders, the successes of another region snd~ for the first time, a lo.al government offioial was invited to Co-chair ~ho visit with a representative from the business community; and WHEREAS, W~ile Ehai~ of the Chamber, un exciting n~w economic development partnership was created between lccel governments in th= Richmond metropolitan area and the private sector, doublin~ the ~egiun~e capacity to attract new WHEREAS, ~_ Cothran, because of her business leadership and exemplary community ser¥ise, was selected aa the 1994 Business Woman o~ the Year by the Richmond YMCA. NOW~ THEREFORE BE IT R~$0LV~D, that the Chesterfield county Board of $%lpervisoro ~oreby commends Ms. Phyllis L. Cothran for h~r leadership in the metropolitan Richmond community and her role in forging new public-private partn~r~hip~ to advance and promotg central Virginia. 7/27/94 .............. ,~ t ~ L ._~1 ....... L ............ [ L ....... AMD, BE IT FURTEER RESOLVED, that a copy of this regolution be presented to Ms. Cothran and that this resolution be permanently recorded among the paper~ of this Board of ~upervlsors of Chesterfield County. Ayes: Mr. ~cHale, Mr. Barber, Mr. Daniel, and Mr. Warrmn. expr~msmd appreciation for her dedicated service and leadership cooperation. on motion of the ~0ard, the following resqlution was adopted: WHEREAS, the Girl Scouts cf the United States of America i~ an organization gerving over ~.6 million girls and was founded to promote citizenship trainlng and personal deYelop~ent; and ~qIEREAS, after earning four interest project patches, the Career E×ploratien Pin, the Ssn~er Qirl Scout Leadership Award~ the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting add symbolizes outstanding aceompli~hm~nt~ in th~ arsa~ of leadership, oem~,unlty ~srvice, career planning, and psr$cnal development; and WHEREAS, the Girl Scout Gold Award can only be earned by girls aged 14-17 or in grad%s 9-12 and i~ fcc%ired by le~s than 6 percent of those individuals entering the Girl scouting movement; and Saint Mark's United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of the United States o~ America Gold Award by the CQmmonwealth Girl Scout Council of Virginia; and learning the lessons of re~ponslhle cltlzsnshlp, and pri~ing herself on the great accomplishments of her County, Debby is of whom we can ~ll be very proud. NOW, THEREFORE BE IT RESOLVED~ that the Chesterfield County Board cf Supervisors hereby extends.its congratulations to Miss Debby L. Conner and acknowledge~ the good fortune of its citizens. ~yes: Mr. ~cMal~, ~r. Barber, ~r. Daniel, and ~Ir. Warren. Absent: Mr. Colbert. Mr. Warren presented the executed resolution to Miss Conner, accompanied by m~mbers of her family, and congratulated her on her out~=anding achievemen=. i -I 14.D.2. MISS LiRA E. GAULDINGr TROOP 87% Oh motion Of t~e Bo~d, the following resolution was adopted: WH~EAS, the ~rl Scouts of the United States of America i~ an organ±zatioH serving OVer 2.6 million girls and was £oundad to promote citizenship training and personal development; end WIqEREA$, after earning four interest project patchest the Career Exploration Pin, the senior Girl Scout Leadership Award, ~hs Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WM~aS, th~ Cold Award is the highest achievement award in Girl Soouting and Symbolizes outstanding accomplishments in the areas of leadership, community servi~e, career planning, amd personal developments and WHEREAS, the Girl Scout ~o]d Award can ~ly bu ~arned by girls aged 14-17 or in grades s-~s and is received ~y less than 6 percent of those individual~ entering the Girl Scouting ~q{~R~AS, Miss. L~ra E. G~ulding, ~roop $71, sponsored by Saint Ma~s U~ited Methodist Church, ha~ accomplished these high s=andards and ha~ been bonur~ wibh the Qirl Scouts of the United Btate~ of ~urica Gold Award by the Commonwealth Girl ~oout Council of Virginia; iea~ning %h~ l~asons of responsible citizenship, a~ pri~ing her~el~ on %he qreat aocomplishments of her County, Lama indeed a member of a new generation of prepare~ young citizens NOW, THEREZORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Lara E. Ga~lding and acknowledges ~ha good fortune of the County to have such an outstanding young woman as one of its citizens, Ayem: Mr. McHale, Mr. Barbar~ M~. Daniel, a~d Mr. Warren. ~. Warren presented the executed resolution to Mis~ Gauldlng, =ccompunied by members of her family, and congratulated her on (!t is noted Miss Carollne V. Mar~in and Miss Meredith A. Martin, both of Troop 180, were unable to be pre~ent at th~ RECOGNIZING MR. W~aTER H. STONE UPON HIS RETIREMENT FROM ALLIED SIGNAL Mr. stith intrsducedlMr. Walter H. "Bill" Stone who was present to receiv$ th~ re~01u~ien. On motion of the board, the following razolution was adopted: WNRREAS~ Nr. Walter ~ "~ill~' Stone has worked for Allied Signal Corporation for 27 yea~s~ and WHEREAS~ Mr~ ~tone, as Director of Manufacturing .Operations at Allied Signal, successfully managed two complex and aging facilities in Chmsterfield County and South Carolina while eontinuou$iy improving quality and productivity; and 7/27/94 WHEREAS, Mr. Stone led the Allied signal ~lant to be recognized for manufacturing and reliability increased morn than ~0 percent; and ~R~AS, ~r. Stone has l~ad Allied Signal'~ c~rporate contributions to Chesterfield County ci~i=e~s t~rou~ various eapacitie~ an past Chairman for Allied Corporation's Chesterfield Plan= united Way Fund CamFaign; served en the Eoard of Directors cf Richmond J~nkor Achievement; ~rv~d on various other organizations; and ~R~AS, Mr. $~one has supportsd and madn corporate donations to many worthwhile causes including the Chesterfield County PuBlic SChOOl System and John Tyler community college in the form of grants and ~cholarships; and WHEREAS, ~ir. Stone wam instrumental in extending County econonic activity; and WH~R~A~, Mr. Ston~ ham asmured benef~t~ for all employees and familims in the form of a state-cf-the-arb regional medical center; a softball park and pavilion; annu~i social activities; and 15 years of steady employment, pay, ~%nd benefits far over NOW, THEREFORE BE IT RESOLVED, that the Chest~r£ie!d bnhal~ of tho County, to Mr. Walter H. "BillTM Stone for his generous contributions over the years. AND, BE IT FURTHER RESOLVED, that the'Board of Supervisors e~prnssas its appreciation to Mr. Stone for his l~adership and civic commitment in guiding Allied Signal to be one of the County's f~nect corporate clt~zen~. Ayes: Mr. McHale, Mr. ~srber, Mr. Daniel, and Mr. Warren. Absent: Mr. Colbert. ~r. KeHale presented the executed resolution to ~ir. Stone, at Allied Signal and his generous csntributions to the County over the years, and wished him well in his retirement. Mr. Stone expressed appreoi~tion for the reoognition and the support of th~ County over the years. 14.~. RE~OGNISING ~IR. ROBERT WALKER FOR EI~VIRO~TME~TAL INDUSTRIAL PA~K Mr. Stlth introduced M~. Robert Walker, President of Roclyn On motion of the Bcard~ the following resolution was adopted: WHEREAS, Mr. Robert Walker, Preeidsnt of Roslyn Farm Corporation, is developing a 298 acre Ruffin Mill Industrial Park in an soologically sensitive area along Swi£t Creek and tl~e Appomattox River; end WWEREAS, Mr. Walker has completed a comprehensive design to protect ~etland and ~nvironm~ntally sensitive lan~$; and WHEREAS, Kr. Wslker's plan to protect water quality, which includes detention ponds, natural area preservation and regulations; and~ ~. WHEREAS~ this projects wide environmental planning and environmental review and construction tim~ thereby a~si~ting in Chesterfield County's economic development efforts; and WM~R~A~, Mr. Walker set aside environmentally sensitive lands into a conser~atio~ sene to be protected in perpetuity by the Floa~ Fisherman of virginia; and WHEREAS, access to theme beautiful natural areas will be provided to th~ citizen~ 6f Ch~t~rfi~l~ C0un~y through a NOW~ THEREFORE BE IT RESOLVED, that the Chesterfield County Deard of Supervisors publicly recognizes Mr. Robert and the cit~ens of Chesterfield County, for superior ~nvironmental planning and projeat design and for facilitating desirable industrial development. resolution bs presented to Mr. Walke~ and that his resolution be permanently recorded among the papers o~ this Board of Supervisors of Chesterfield CountyI Virginia. Ayes: Mr. MoHalk, Mr. Barber, Er. Daniel, end ~r. Warren. ~eent: Nr. Col~mrt. e~p~essed appreciation for his dedication to the environment of ~. Walker expressed appreciation for the reoognitlon and stated the project has b~en a team effort on behal~ of th~ County and lo,al agencies. BUSINESS APPRECIATION A~D REOOGNITION AWARD Mr. Stith introduced Mr~ Arthur ~allory, Manager of civic Development ~t ~hilip Morris, USA, who w~s present to receive the resolatisn. On ~otion of the B~a~d, the f~llowing re~lutien was adap%ed: WHEREAS, th~ Chesterfield County Board of Supervisors established a Business Appr~ciati0n and Ascegnition Award to recognize %xisting businesses within the County that ccntrlbute to the County's economy and its citizen~; WHEREAS, ~h~lip Morris USA has h~d a presence in Chesterfield County for over 20 years; and WHEREAS, Philip Morri~ USA continue~ to be the largest private empluyer ~ith a workforce of apprn~imately 10,000, 41 percent er 3,700 of whom reside in Chesterfield County; and WMEREAS, Philip Morris USA is the fifth largest taxpayer property, real estate, and machinery and tools; and WHEREAS, through outside vcndor~, suppliers, and ocntractor~ Philip Norris USA supports a ~ensiderable part of Chesterflsld County's and Richmond's area economies; and WHEREA$~ th~ losation of over 750 j~b~ with an investment of $~ million in Chesterfield County by ~hilip Morris USA contributes to the creation of over t~00 new jo~e and additional inv~mtment of $40 million in other indu~trles; and W~R~AS, ~hilip ~orri~ USA has made nigniflcant County, which is now valued at nearly $~2'millicn and cmplcy~ over 750 people; W~EREAS~ Philip Morris USA has been among the foremost of OOrRorate contributors to Chestsrfisl~ county for special programs such as the Chesterfield County Historical $ociety~ the Ben~ley-Barmuda Rescue Squa~; the chester Stanch Y~GA; the Cheate~ Village Festival; Black Hi~to~y Me~t~ Celebration; and many other organizations; and WHEREAS, Philip Morris USA bas contributed directly to the Chesterfield County Public School System through Project Awareness, a business/education partnership designed to foster enhanced workplace skills in the e×i~ting high school curricula, and to which the uompany has c~ntributmd $400,000 ~t~R~A~, Philip Morris USA has donated supplies, equipmen~~ and ether materials directly to the school System educational system in Chesterfield County by contributing to John Tyler Community college for their BIGS Center and to the Virginia State University Remora Scholarship Pro,ram. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield behalf of the County to Philip Morris USA for t~eir contributions over the many year~. AND, BE IT FURTHER RESOLVED, that the Board Of Supervisors oxpress~s itt approciation to ~hilip ~orris USA ~or Choir contrlbutlsns by reos~nizing them a~ the flrst recipient cf the Award. Ayes: Mr. MoHale~ Mr. Barber, Mr. Daniel~ and Mr. Warren. Absent: Mr. Colbert. ~[r. Daniel presented th~ executed resolution to Mr. Mallory and e~p~ss~d appreciation for the generous contributions of Philip Morri~ over th~ at Philip Morris, for the recognition and ~tated Philip has and will continue to v~lue their relation~hiR with th~ County. S~OUTS 14.E.1. F~!~. ERIK M. LINDSTROM. TROO~ 86~ OB motion of the ~o~rd~ the following rs~olution was adopted: WHEREAS, the Boy Scouts cf America wa~ incorporated by Mr. William b. Beyce Qn Eebruary ~, 19lQ; and 7/27/~4 citizenship training~ personal development, and fitness of individuals; and. ~ W~EREAS, after earning at least tw~nty-o~o ~erit badges in e wide variety of fields, serving in a leadership position in a troop, carryinq out a service proje=% ben~fiuial to hie ccm~unlty! b~ng actlv~ in the tre~p, de~o~t~atin9 Scout eDirlt, and living up te the Scout Oath and Law; and WHEREAS, Mr. ~rik M. Lindstram, Troop 867, sponsored by the Church of Jesus Christ ~f Latter Day Saints, the long-sought goal of Eagle Scout which is received by than two percent of those individuals entering the Scouting movement; and ~REA~ grow3ng through his experiences in Scouting, learning the lesschs of responsible citizenship, and priding himself on the great accomplishments of his County, ~rik is of whom we can all be very NOW, TEEREFOR~ BE IT RESOLVED~ that th~ Chesterfield County Board of Supervisors hereby ~xt~nds its ~ongratulations the County to have such an outstanding young nan a~ one of its oitisene. Ayes: ~r. ~eHalJ, ~r. Barber, Mr. Daniel, and ~r. Warren. Absent: Mr. Colbert. Mr. ~arber presented the e×ecut~d resolution to Mr. Lindstrom, a¢cum~anied by members of his family, and congratulated him on his outstanding achievement. 14.E.2. H~. ALLA~ P. ~IACCAF~RAY. TROO~ On motion of the Board, the following resolution wag adopted: WHEREA$~ the Bey Scout~ of America wa~ incorporated by Mr. William D. Boyce on February ~, 1910; and W~EREAS, the Boy Scouts of America was founded to promote citizenmhip training, personal development, and fitness of individuals; and a wide variety of flelds~ ~erving in a leadership position in core,unity, b~ing active in the troop, demonstrating Scout spirit~ and living up to the Scout Oath and Law; and ~R~AS, ~r. Allan Patrick ~aocaffray, TreeD 893, sponsored by saint Edward's Catholic Church, has a=compli~hed tho~e high ~tandard~ of a~itment and ham reached the lon~- sought goal of Eagl~ Scout which is received by less than two percent of those indiuiduals entering the S~outlng movement; amd ~AS, growing through his ~xperi~nces in Scouting, lmarn~ng the lessons of ra~ponmibl~ citiz~nmhip, and ~Tiding indeeO a m~er of a new generation of prepared young 94-563 7/~7/94 fortune of the County to have such an outstanding young man as one Of its citizens. Ayoz: ~Ir. MoHale, Mr. ~arDer, Mr. Daniel, and Mr. Warren. Abeent: Mr. Colbert. accompanied Dy members of his family, and ¢on~ratulata~ him on his out~tanding achievement. 14.E.~. MR. RRAN HACCAFFRAY, TROOp 897 Dm motion of the Board, the following resolution was adopted: ~A~R=A~, the ~oy scouts of America wa~ incorporated by~r. William D. Boyce on February ~, 1910; and'' WHEREAS, the Boy Scouts of A~erica was founded to promote cltlz~nahip training, personal development, ~nd ~itnos~ of indi¥i~uals; and WEEREA$, after ear~i~g at least twent¥~on~ merit badqe~ i~ a wide variety of fields, serving in a leadership Desit~on in a troop, carrying out a s~rvkea project beneficial t~ his community, being active in the troop~ demonstrating Scout spirit, and living uD to the Scout Oath and Law; and WHEREAS, Mr. Seam Michael MacCaffray, Troop ~93, apeneored by Saint Edward's Catholic Church~ has accomplished those hiqh standards uf commitment and has reached the long-sought goal of Eagle Scout which is received by lass than two Deroent of those individuals enterin~ the soouting movement; and W~ER~AS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the grs~t accomplishments o~ hie County, Seen is indeed a member of a ne~ g~neration of prepared young citiz®ns of whom we can all be very proud. NOW, THEREFORE HE IT RESOLVED, that the Chesterfield County Board of Supsrvisors hereby extend~ its congratulations to Mr. Seam ~ichsel NacCaffray and acknowledges the goo~ Ayes: Mr. McHale, Mr. Sarber, Mr. Daniel, and Mr, Warren. Absent: Mr. Colbert. Kr. ~arber presented the executed resolution to Mr. and Mrs. KacCaffray, seam's parents, and congratulated the~ on his outstanding achievement. · 4.E.4. MR. ANDREW E. 0LSEN, TROOP On motion of the Board~ the following resolution was adopted: WHEREAS~ the Boy Scouts of America w&s inco~oPated by Mr. will£am D, ~OyGe Om February $, i~lO! and WHEREAS, the Boy Scouts of America wa~ founded to promote citizenship training, personal development, and fitness of individuals; and WHEreAS, after earning at least twenty-one merit ba~ges in a wide variet~ of fields, ~orving in a troop, carrying out a service project bensflclal to hi~ ~pirit, and living up to the Scou~ Oath and Law; and 9~-964 7/27/94 WHEREA~, Mr. Andrew E. Otsen, Troop 897~ sponsored by Nount ~isgah Uniked Metkodist Church, has accomplish~ %hose high stan~ard~ e~,-.~0msitment and has reached ~he long-sought goal of Zagle ScoWl';which is received by less than two percent of ~hose individuals entering th6 Scouting movement; and WHEREAS, grow[ng through his experiences in Scouting, l~arning tho l~¢~ons of responsible citizenship, and priding himself on the great accomplishments of his County, Andrew i~ indeed a member of a new generation of propamed young ci~iz~n~ of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVE~, tha~ th~ Chesterfield County seard of Supervisors hers~y extends ils congratulations to Mr. A~dr%w E. Olse~ and ackncwledge~ the good fortun~ of the County to have such an outstanding young man as one of its citizens. Ayes: Mr. McHale, Mr. Barber, ~r, Daniel, and Mr. Warren. Absent: Mr. Colbert. ~r. ~ar~er presented the a×ecutsd resolution to Mr. Slsen~ acaompanied by members of his family, and congratulated him on his outstanding ~ch~evement. Mr. ~tith introduced ~rs. D~niea ~anuel, ~s=~ Coach of the Midlothian High School Trojans Varsity Girl~ ~oftbatl Team, who was Dresent to receive the On motion o~ the ~card, the ~ollow~ng re, elation was WS~R~A$, participation in high school sports has long been Softball Team, under the dlr~ction of.~r~, b~nise ~a~uel, season with a 22-2'record; and Championship in Group A/lA; and WHEREAS, tbs Midtothian Trojans had 11 shut=out gam~a, including seven o£ thei~ last eight games; and WHEREAS, the Midlothi~n Trojans hold the State record for shUtoUts with three ccnsecu%ivm gases in thc State tournaments; supper= in=erscholaszic aotivity programs fo~ ~he students. ~i~lethisn High school Trojans Varsity Softbmll Team for its outstanding representation of Chesterfield County. ......................... L I L .~ L AND, B~ ~T ~U~TMER RESOLVED, that the Board of Supervisors, on behalf of the citizens of Chesterfield County, does hereby commend the Kidlothian Trojans for their ccmmi~men~ to excellence in the ¢las~roo~ add on the field and express Ayes; Mr. McHale~ Mr, Barber, Mr. Daeie~t and Mr. Warren. ~r. ~arDer presented the e~e~uted re~oluti0n to Mrs. Nanu~l, their outstanding achievements and 'representation of presented a ~rief introduction of each of the players. Ms. Matthews stated she represents a group of citizens who reside in the ~ton~henge Subdivision and expressed concerns relative to sawer extension to established nelghborheo~s achieving 100 percent participation. She ~tated the ~nly other option open to homeowners i~ to install new drain fields or new septic tank systems at a very high cost; that they tr~ed to establish a sewer assessment district and reviewed the obstacles the neiqhbsrs encountered in attempting to do so; and further stated they feel alternatives available would be to change the current policy back as is was prior to 19S9 ox a modification to allow homoowner~ to uhare in the cc~t; provide funding from capital improvement funds; seek State financing; increase user fees; establish un escrow account to be use~ for this specific purpose when subdivisions ara developed and put on septic systems; or raise real estate taxes. $~s f~rther stated by D~eviding sewer extension to establish®d n~ighhorhood~, the County would res®ire a return on their investment and would have citizens paying a sewer charge whil~ maintaining th~ tax ba~ of old~r D~ighborhoods. ~h~ suggested the Board e~tabllsh a Committee of fi~e persons submitted a handout to the Board shotting each percentages of those regue~ting sewer extensions and its cost and requested the Board to review this issue and amend the current policy. ~tr. Warren made a ~otfon for ~taff to review the ro~0mmendatione as outlined by Ms. Mat%hews and, specifically, to address the citizen participation portion of the County Stonehenge residents ~e discuss options available for sewer e~tens~sn; and to ~eport ~eeom~eedations back to the Board. F~_ Daniel ~econded the motion. H~ stated h~ feels public sewer should be available end requested staff ~o review all the research and policies on sewer being part of e requirement for new zoning. Ke further stated he feels ~r. Warren's study ~hould be expanded to include and incorporate everything from new hou~e~ to new zoning and that there should be a uni~or~ pOliCy on sewer. motion. ~ir. McHale called for thc vote, on the motion made by Mr. Warren, seconded ~y Mr. D~niel for ~he Board to review the recommendations ~!in~d by Ms. Matthews and, specifiaally, to address the oi~izan participation portion of thc County policy on creating assessment di~tri~t~; ~o ~e~ with stonehenge residents to discuss options available for sewer extension; to include add i~oo~porate everything in the study from new houses fo new zoning; add ~o ~eport reconn~sndatioms back to the Board. Ayes: Mr. McEale, Mr. Barber, Mr. Daniel, and ~r. Warren. Absent: Mr. Colbert. On me,ion of Mr. Barber, se:ended by Mr. ~oHale, the Board suspended its rules at this time and amended th~ age,da by adding Item 1~.~., Allocation of Development Punds and Authorization for the Purchase of a Parcel of L~nd for the Clover Hill Sports Complex frem Mr. Irvin G. ~orner. Ayes: Mr. Mo~sls! Mr. Barbsr~ Mr. Daniel, and Mr. Warren. Absent: Nr. Colbert. SPORTS COMPLEX PROM MI{. IRVIN Mr. Warren stated ~hi~ item is a r~sult of the 19~ Bond the County~ therefore, he ~u~crts it. He further stated the Board to approve the purchase of a parcel of land containing 113 aores~ ~e~ or less, at $3,600 p~r of the Clover Hikl Sports Complex; to authorize the County Administrator to sign a contract and de~d; ~n~ ~o allocate an additional $200,00~ from the Reserve for Capital Projects for construction of park facilitiem at th~ Clover ~ill Sports Complex. (It is noted funding for thi~ purchase is available through th~ t988 Parks Bond. Additional 1~85 Parks Improvements Project fundm will be combined wi~h the $200,000 allocation fur Pha~e I development of the Cl~ver Hill Sports Complex.} Absent: Mr. Colbert. ~6. PUBLI~ EEARINSS ~LA/q. RESONIN~S~ VARIANCBS, OR SPECIAL EXCEPTION~ ~r. ~isas mta~ed th~ da=e and time has be~n advertised for a public hearing to oon~ider an ordinance r~lating to ~ott¢~ rsqulrememts for changes to the Comprehensive Plan~ rezoni~g, variances~ or special exceptions. He further stated staff recommends canuelling ~he public hearing and referring ~he ordinance amendment to the Plannln~ co~ission for their review ~o one came forward to speak in favor of or against cancellation of the public h~arlng or referral of the or~inanue to the Planning Co~igsion. 94-567 7t]7/94 .... I: L.__S ........... L .......... J. I cancelled the puDlic hearing and referred an ardinanoe to amend %h~ Code of Chesterfield County, Section ~I.i-iB, relating to notice reguirements for changes to the compre~en0ive Plan~ rezonlng~, variances, or ~peclal e~c~ptions to the Planning Com~ieeion for their revie~ and recommendation. Ayes: Mr. McKals, Mr. Barber, Mr. Daniel; and Mr. Warren. A~ent: Mr. colbert. THE NORTK SIDE OF LUCY CORR COURT, INCLUDING THE ~r. ~asdan stated this date and time has be~n advertised for a public hearing t~ consider modifying a dee~ from the County of Cheeterfield to ~he Chesterfield County Health Center side of Lucy Corr Court, including the facility known as the the Deed is to provide a general reversion of title to the than tying the reversion tu an interjurisdictienal agreement. having to modify the Deed. Ther~ being no one el~e to address this issue, the public On motion of Mr. Warren, seconded by ~r. Daniel, the ~oard modified a Deed from the County of Chesterfield to the including the facility known as the Lucy Corr Nursing Home, whleh change in the Deed (approve~ earlier by th~ Board of Supervimcrs] prcvid~ a qen~r~l reversion cf title to the County when no longer used to provide health eervlees rather {It is noted a copy of the Deed is filed with the papers of this Board.] GRA/~T (CD,Gl I~VESTHENT PROGRA~ ~r. Stith stated this date ~look Grant (CDBG) Investmen~ Prugram. Council~ the Rttrick Co.unity Centsr, and the Review Committee, and that ~hey suppurt the proposed ~ttriok Community Center to help improve the overall quality of the community. Action Association of the Matoaca Kagisterial District (CAPA~a~EHD}~ that the A~ocia%ion supports the allocation~ for %he Katoaca Magisterial District in the 1994-19~5 Block Gre~t budget; that they would like any unexpsnded amounts from the previous year to be applied to ~pecifically~ to allocations for a new ~ttrick Community Center; and they look forward to the plans for the new Ettrick Community Canker. H~ entered into 94-56& the record a copy of his comments. MS. Julia Bulloc~<~esldent Coordinator 'for. ~he Ber~uda Run Community Development Project, expressed appreciation, on behalf of the neighborhood, for the Board's affiliation with Bermuda Run by assisting in implementing ~hair soccer program in ~992. She stated they have started man~ activities in the ooD~unity and that those fun~s will allow th~m to continue the development of their Resident Council. N~+ She~on Rdbin~on, a resident of Bermuda Run, expressed program; that th,ay would like $36,00D to continu~ their Resident Council Program; and requested tho Board to consider the use cf $36,000.~o fund a portion of position ~alaries and noted the YMCA will be covering the other portion of the sslaries. Mo. Cindy Barton, a part-time ~rogram superviour of tho ~ermuda Run Community Development Projectt e×pre~ed appreciation to ~tated the Proqram has been very successful and reviewed the rcl~ of the Resident Coordinator. She further sta~ed that ccordina~er pe~i%ien. ~l~o¢~ti~g the D~c~s$~ry £un4~ to accomplish %his. mr. Ted Beck, ~eproeenting Summit Realty Group which manages are ~ery imp~rtant~ that the residents are concerned about the welfare of the children growing up in this community; that they need approximately $40,000 to provide for child care an~ ~s~ Betty Mariner ~tated ~he is ~peaking Qn behalf of the Route One English as a Second Lsnquage (ESL) Service 5nd Activity Program Grant Propos~l~ that she is an ESL teachem in t~e coordinator to make services available to individuals; and Services, stated the children of these refuqees and immigrants families are nat .receiving public assistance; that there is ~ally two famili~ ~hari~g ~he same be~sehel~ and r~quested the ~hildren ~nd to help parents ~tructure their children's activities. Nr~ Leon Johnson ~tated h~ i~ ~peaking on b~half of M~_ eandra ~ex, Presiden~ o~ the ~ensley civic Association, who supports the CDSG Program a~ pre.anted, without ~ny changes, au she Ther~ being no on~ els~ to address this i~sue, the public hearing was closed. Discussion, comments, and qusstzens ensued relative to extension of the s~eo~light program into the FY95 budget to obtain $15~000 for the ESL program; whether the Ettrick Community Center could be completed over two years to tho Bermuda Run Projeot~ the 15 percent G~p on public transiar~ing funds from one public service project to the importance cf prioritizing CDBG projects~ whether $15,000 could ~e taken from ~e streetlight program and transferred to the public ~ervic~ category; and dividing~the $15~000 between the ESL program and the Bermuda Run Program.~ PLT. ~Hale made a ~e~ion for the Board tu ~.rans£er $15,000 from the Streetllght Program to provide additional funding for e soD/~unity program at Bernuda Run Apartments an~ an English- language program for cambodian resld~nt~ by allocating 60 percent ($9,000) of the funds to the Bermuda Run Community Progra~ add 40 p~rc~nt ($8,0~0) to th~ English ss a ~cond Language Program. Mr. Warren seconded th~ motion. He clarified t~at still remains in the Ettrick Community C~ter Program. Discussion, comments, and ~uestions on~uedrelative to funding for the residential coordinator position at Bermuda Run; federal regulations impacting the Board's ability to move funds from one o&teqo~y to anotber~ whether any CDBG fU~G were carried forward from last year; and needs of the central area being a priority in the process next year, Mr. ~cHule called for the vote on the motion ~ade by hi~ seconded by Mr. Warren, for the Board ts approve the FY1994-~ CDBG Investment Program; to transfer ~$15,~00 fro~ the Btreetlight Program tm provide additi~hal funding for community program at Bermuda Run Apartments and an English- language pro,ram for eambsdian residents by allocating percent ($9~000) of the funds to the Bermuda Run Community Program and 40 percent ($6,0001 to the English as a Second Language Program; and to authorize the County Administrator to submit a Final statement of Community Development Object~ve= and Projeot~d Use of Fund~ to the U.S- ~partm~nt of Mousing end Urban Development. (It ie noted a copy of the FY1994-95 CDB~ Program is filed with the papers of fhie Board.) Ayes: Mr. ZcMate, Mr. Barbsr~ Mr. Daniel, and Mr. Warren. Absent~ Mr. Colbert. AIRPORT INDUSTRIAL PARK REBTRIOTIVE COVENANT8 public hearing ~o consider granting a waiver of the concerning rear yard se~baok requirements fur a parcel owned by PMB, Incorporated~ identified by Tax Map Number 79-6(3)38, and ~o one came forward to speak in ~sver of er agains~ ~his issue. Nu~er 79-6(3)38, and located at Slll Virginia Pine Court. (It is noted a copy of the vicinity sketch is filed with the papers of ~his Board.) 7/27/~4 Ays~: Mr. McHale! Mr. Barber~ Mr. D~ni~l~ and M~+ W~r~en. ~bsent: ~r, C~lher.~, AND RBE~ACTIN~ SECTION 21.1-17 REL~TIN~ TO ~EPLTCATION Mr. Jacobson sta%e~ this date and time ha~ been advertised for a public heariDg .to consider an ordinance r~lating to appliostion feec foK certain variances. He further crated ordinanc~ amendment would lower the application fee for a setback variance County-wide in all zoning districts f~cm $570 to $2~0 and, in addition, this proposal nay benefit citizens in olde~ neighborhoods by encouraging additions and imprcvementm to older buildings. He stated the cost to the County is anticipated to be &pprc~imately $7,000 - $10,000 of additional General Fund money being a~located to the Planning Department fo~ operation of the administrative procedures. M~. Ba~be~ stated fees generated are used to offset the costs of the Planning Department and inquired if this ordinance is adopted, whether the County would be taking $10,000 out of g~nsral revenue tQ o~fset the lowering of this particular application fee. Mr. Jacobson stated overall administrative oos=s are approximately $1,500 per variance which does not cover the entire cdst of administration of a Barber inquired aa to whether the fees are reflective of the amount of ~taff ti~e applied in addressing certain applications. Mr. Jacobsen ~tatsd the Ptan~ing Commission recommends ~pproval, however, the Commission is reviewing an ordinance a~esd~enT that would allow homes not meeting zoning ~ptbacks that need building additions, to get the additions without going through a variance. NO one came forward to speak in favor of or against this ordinance. Discussion, comments, and guostions ensued zola%ire to this ordinance not having a signifioant budget impact; the length of time it will tak~ thc Planning Commission to develop a definitive uniform polie~; and the impact of deferring the ordinance until a policy is recommended by the Planning Commission. Mr. Mc~ule stated after th~ Southern and Western Area Plan wac £~plemented, citizens c~pr~ss~d concerns ~o Mr. Colbert about the feem and Mr. Colbert fmlt the fees were an unintended therefore, he could support the ordinance. On motion of Mr. Daniel, seconded by Mr. McHale, th~ Board ~ ORDINANCE TO AMEND THE CODE OF TKE COUNTy OF cHeSTERFIeLD, 197~, AS AMENDED, BY AMENDING AND REENACTING SECTION 21.1-17 RELATING TO APPLICATION FEES FOR CERTAIN VARIANCES B~ IT 0RDAINRD by the ~uard of supervissrs cf chesterfield county: (%) That Section 21.1-17 of the Code of the County of chesterfield, 1978, ms nman~sd, is amended an~ reenacte~ to read as follows: Sec. 21,1-17. Fees for ~earin~s. The cost of each hearing requested pursuant to the previsions of this Chapter, including advertisement when required, shall be as follows an~ shall ~e deposited simultaneously with the filing of tho application or petition: 000 (dl rationals, s~tback $230.0Q (£) vaxiansss, all ether $~90,00 OeO (2) That this ordinance shall become effective immediately upon adoption. (It is noted with the adoption of thiZ ordi~a~c~ a~e~d~ent, the Planning Department will ~eoeive approxinately $s~899 less in reven~e for FYg$ add whil~ revenue would be reduced, the ~est of processing variances will rezain constant. At present, the approximately four day~ to pro¢~s at a cost of $1,~QO~$2,O00, therefore, compared to a proposed fe~ of $~0, t~i~ mean~ that general tax revenue providem an average subsidy of $1,270- $1¢77Q p~r application. The Department anticipates approximately 60 cases for FY95.) Ayes: Mr. McHale, Mr. Daniel, and Mr. Warren. Absent: Mr. Colbert. 16.F. AN ORDINANC~ TO AMEND T~ CODE OF CHeSTerFIeLD COUNTY, ~ECTION 4-26.1 ET- OEO. TO CH~SB TEE CRITERI~ FDR Mr. Niea~ stated changes in state Law, effective July 1, 1994, the regulation of bingo an~ raffles including requiring 50 State and requiring or~anlzatione eonductlng binges to furnish exeeptlen of certain fraternal orders, booster clubs, require that organlzatlsne conducting b~ngo shall have been in existence and have met in the County for five years pri~r to applying for a bingo permit. He stated staff raco~mends approval. There was brief discussion relative to the amendments being in agreement ~ith r~o~endations ef ~he ~udget an~ Audit Committee. adopted the following ordlnanc~: County: the Countv of Chesterfield, 1975, ae amended, is amended and Sac. 4-26.1. DefinitionS. For the purpoue of this articled the following words shall have the following moanings: individual ca,ds having randomly numbered squares ranging from 1 to 75, in which prizes sro awsrded on the basis cf designated numDer~ ~elected at random. Sue~ words shall have five [5) vortical rowe headed respectively by the letters B.I.N.~.O., with each row having five (5) randomly numbered s~uares. (b) Raffle means a lottery in which the prize is won by p~r~ons p~cha~ing chances i~ deteD~ined by a race involving inanimate objects .floating on a body cf water, cem%monly ~ferred to as a "duck race". However, nothing in this article ~ha~l ~rohlbit an organization from using the state lo,tory department's Pick-3 numbmr as the basis for dot,mining th~ winner o~ a lottery, For purposes o~ this definition, "raffia" shall include d~termining the winner of a lottery by use of prepackaged pul!-tab devices which are devices made completely of paper or paper products with concealed numher~ or ~ymbol~ that must bs s~Dcsed by the player to determine wine or losses symbol that has been designated in advance as a p~ize winner, including but not limited to pull-%ab d~vio~ commonly known ss tipboards or seal cards. (c) Instanz bingo morns a specific game of chance played by the random select~o~ of one (!) or more individually prapacked cards, with winners being determined by tho preprinted appearance of the letters D.I.N.G.O. in any prescribed order ~n the reverse side of such card. (d) Jackpot nean~ a bingo card played as a part ufa bingo game defined in se6tlen 4-25.1(a) in which all numbers on the c~rd are covered, ~ach number being selected at random, and (e) Landlor~ means any person or his agent, firm, association, organization, partnership, or corporation, or ~mployee thereof, ~hioh owns and leases, er leases any premise d~vot~d in whol= or in part to the conduct of bingo games, and any ~ersen resi~ing in ~he same household as a landlord. sss. 4-~7. who may conduct. (a) with the euception cf the following cr~sn~zat~on~, ~t shall bo unlawful £or any organization er por~cn to ccndu=t, promote, sst up or manage a bingo game, including as a part of such bingo game the playing of "instant bingo'~ or "binge in any. rotation,' or raffle within the county: (1) A voluntary fire department, rescue ~quad or auxiliary unit thereof, which is de,ignored in seotion 16-1 as an integral pa~t of the official safety program of tho county or is designated by resolution of th~ county as being a part of such se~o%y program. (2) An organization operated e~clusively for religious, charitable, community or educational purposes. 94-573 7127/94 An association of war veterans or auxiliary units thereof organized in the United Stakes or any of its (4) A fratsrnal association operating under the lodge system- (b) In additi0h, any ~rganizstion ~ualifying under ~ubssstion (a){1) through (4) above must also m~et The organization shall operate currently as a nonprofit organization and shall always have been operated in the past as a nonprofit organization. (5) Th~ organization shall have a mambzrship ¢oneistin~ of at least fifty percent of the residents o~ the Commsnwealth, and shall furnish a complete list of its membership in order for the County to ascertain the percentage of Virginia residents- In no casa shall the o~qanizatlon apply f6r or receive more than one permit, and ~xoept for recently ~stablished volunteer fire and rescue companies or departments, euoh organization shall have been in existence and met on a regular basis in the county for a period of at least five (5) years i~medi=tely prior Co ~aking application fo~ ~uch per~if. However, thi~ requirement shall apply to: a. Any lodge er chapter of a national or international fraternal O~der or a national interna%ienaZ ~ivic arganlza~ion which is exempt under section 501(0){3) of the Un~tsd States Internal Revenue code an~ which ha~ a lodge or chapter holding a valid bingo per~it issued in accordance ~ith state law any~h~r~ ~ithin the commonwealth. ~oost~r clubs which have been operating for less than five {5) years, and which have establimhe~ solely to raise funde for school-sponsored activities in public ~ohools which ars less than five (5) years old. (c) Any s~ganization whose gross receipts fro~ all bingo ope~ation~ exceeded or can be expected to exceed seventy-five thouuand dollars I$75,000,00) in any calendar year shall have been granted tax-exempt status pursuant to section 50lC o~ Wnit~d States Internal Revenue Cod~. At the same time tax-exempt status is sought from the Internal Revenue the sam~ dooumeutatlon ~ay be filed with the local governing body for an interi~ certification of tax-exempt stntus. If su~h documentation is filed, the local governing body may, after reviewing such dosu~entation as it may deem necessary, issue its determination of tax-exempt status within sixty (60) days of receipt Of ~UCh documentation, The local governing ~ody may o~arge a reasonable ~ee, not to exceed f~ve hundred dollars ($500.00). This interim certification of tax-exempt status shall be valid until the Internal Revenue Service ~u~ its deternlnution of tax-exempt status, or for eighteen months, whichever is earlier. see. 4-28. APPlication for cermi%, asDlica~ion fee and required (a) NO volunteer fire department, rescue squad or organization men~isned in ~ection 4-~? shall conduct a bingo game or raffle without firmt having o~tained am annual 94-574 7/27/94 from the county. AppliCation for much permit mhall b~ submitted to the office of the county administrator on a form provided by ~uch office. ~ach:~pplication shall be accompanied by all the following: (1) A cheek in the amount cf twenty-five ($2~.00) payable te the treasurer of the county as an application fee. The fee shall not be prorated for any portion of the calendar year. (2) A copy of the organization's current charter, articles of incorporation, bylaws and other legal documents w~ich specifically state the purposes for which the crganimation i~ chartered or organized. A ¢opy'of a resolution of th~ organization'~ board of directors authorizing the applicant to apply on behalf of %he organization for a permit. (4) A copy of a letter, where applieable~ evidencing tax exempt status granted to the organization pursuant to section ~01C of the United States Internal Revenue ~ode. (b) Each applicatio~ and accompanying documents shall be a matter of public record. (c) =ach application mhall be acted upon by the board of mupervisors within mixty (60) daym after it is filed with the cfflce of the county admlni~:rator. Sec- 4-29- Issuance of per. it. (a) Each p%r~it ~hatt be i~su~d by the chairman of the beard of supervisors upon prior approval cf thc board. Each permit shall be issued on a calendar year ha~i~ and shall be valid from the first day of January until the thlrty-flr~t day An organlzatlcn which obtains a permit to conduct a raffle may ~ell raffle tickets both within and without the county, except that puli-tab devicez az defined in s6c~icn 4-26.!(b) used as part of a raffle may be sold only upon the premises owned or exclusively l~ased by such organization and at such tines as it is not to the public, except to me~bers and their guests. (b) Zaoh permit ~hall b~ valid only within the county and only at the lecation~ designated in the permit application; provided, that a permit may be i~sued to an organization which relocates it~ meeting place on a permanent basis from another jurisdiction to a ~cc~tion within the county if: (1) The organization meets the requirements o£ section 4-27(f); and (2) The organization was the holder of a valid permit fro~ the other jurisdiction at the tim~ of relocation. The operation and conduct of every bingo game or raffle shall be subject ~:o reasonable regulation by tho board of supervisors to ensure the public safety and welfare in the operation of the bingo game er raffle, AS a condition of receiving a permit, the permittee shall be required to contribute an annual minimum of five (9) percent of the gross receipts from all Dingo games and raffle~ [i} for those lawful rellgious~ charitable~ community or educational purposes for which the organization is specifically chartered or organized 94-575 7/27/94 .................... I ........ ~J. L .I [ or ~ii) tho~e expenses relating to the acquisition, oonstr~ction, malntenan~a, or repair of any interemt in the real property ~nvolving the operation of the organization and used for lawful religion no less than e~ght (8) pescsnt of gross receipts average for three (3) consecutive annual repcrLiag peri,de. The operation and conduct of every bingo game or raffle shall be subject to the following additional restrictions: (a) No organization may hold bingo games moro frequently tl~an two (5) calendar days in any on@ {1) calendar week; except, that the b~ard of ~uper$i~o~& may grant an orgzniza~ics a special permi~ which would entitle s~ch organization to ¢ondu~t more frequent operations during carnivals! fairs and other simila~ events held a% suck organization's principal meeting place or at any ~ther sit~ ~elected by such organization~ which iz located within the county, and which organization is not in violation of the county zoning ordinance. (b) Th~ ~ponsorlng organization shall accept only or, at its o~tion, checks in payment of any charges B~weve~, ne organization ~ha~l accept post-dated checks in payment of any C~arge~ or assessmsnts for p/myers to ~ar%ici~a~e in bingo games. No organization or any pe~Son On cr debit card or c~har electronic fund ~ransf~r in payment of any charges or a~se~mente for players to participate in bingo. (c) Bingo games or raffles shall, during all hours of operation, be open to inspection by appropriate county officials. (d) During all times when the bingo games or raffles are in operation, the bingo o~ raffle permit shall be displayed or ~hall be available on the premises for (~) Any organization qualified to conduct bi~go games! is authorized to play instant b~nqo as $ part of snob bingo Instan~ bln~o may be conducted only at such times as a regular bingo game, as d~finod in Code of Virginia, moction l~.~-~0.1(2), in p~o~re~m and only at much locations an~ at' suzh t~mes a~ are specifie~ in the bxnqo application permit. The gross reoei~e betwemn October 1 and 30 of the raport±n~ year attributable ~o the playing of instant bingo ~hall no~ exceed thirty-three and the organization's bingo operaLion during th~ same time period. (3) The organization which conducts %ko playing of instant bingo shall maintain completm and accurate records ~f the date~ quantity and card value of and address of the supplier of such instant bi~go supplies, Tko organization shalX also maintain a ~ritten invoice or receipt from a nonmember of organization verifying any Xnformation required by this subsection. (4) NO organization shall sell sn instant b~ngc card to any individual below eighteen (18] years of age. 94-576 (f) ~xceDt for persons employed as clerical assistants by organizations composed of OF for deaf or blind perscns~ only bona fide members of any such organization who have been members of such organization for at least ninety [901 days management, operation or conduct of any bingo game or raffle. No~withstanding the foregoing, employees of a temperate spenser of a qualified organization may participate in the management, operation or conduct of one raffle per year. Except as provided herein~ no person shall r~ceive any remuneration for participating in the management, operation or conduct o~ any suck game or raffias'Persons employed by organizations composed exceed thirty dollars ($~0~00) p~r event for providing asm~tance in the conduct of bingo games or rsffle~ only for under who ~11 raffle tiok~t~ to ra~e fund~ fn~ youth activities in which %hey participate may receive nonmonebary incentive awards or prize5 from the organization provided that organization is nonprofit. The spouse of any such bona fide political subdivision with which the volunteer firefighter or re,cue squad ~emb~r is as~0oiat~d may pa~tioipat~ in the operation and conduct of a bingo game or raffle if a hone fide a member who actively participates in an organization's activities outside of the organization's bingo or raffle operations. An individual who joins an organization solely to participate in the management, operation or conduct uf bingo ga~ms or raffle~ or who makes par~ only in an organizanion's bingo or raffle operations shall not be considered a "bona fide (g) No landlord shall, eU bingo games conducted on the landlord*s pre~ises, (1) participate in the conduct, management, or operation of any bingo games; (ii} sell, lease including~ but not limited to~ bingo cards~ instant bingo cards, markers, er ether game pieces; or (iii) require ~s a manufacturer, distributor or smpplier of bingo supplies or equipment be used by the organization. If equipmen~ or services are iaclude~ by a landlord in any lease or ¢on~raet, provided by the landlord. The provisions of this ~ubsection shall not apply to any behalf and owns the premises where such bingo games are held. (h) No organization shall enter into any contract with or otherwise employ or compensate any member of that organization regarding the sale of bingo supplies or equipment. (i) No organization shall award any binge prize or any m~r~handise value,d in excess of the following amounts: No bingo door prize shall ~x~e~d twenty-five dollar~ ~e regular bingo or special bingo game shall exceed one hundred dollars (3) No bingo jackpot, of any nature whatsoever, shall exceed one ~houaand dollars ($1~000.00)~ nor ~ha11 the total amount of bingo jackpot prizes awarded in 94-577 7/27/94 No orgmnization ~hall award any raffle prize or prizes valued at more than one hundred thousand dollar~ The one hundred thousand dollars ($100,000.00) limitation shall not apply to a raffle oond~eted ~o more than once per calendar year by an organization qualified as a tax-exempt organization pursuant ts section 501(c) ($) Of the I~t~rnal Revenue Code for a prize consisting of a lot impruved by a residential dwelling where one hundred (100) percent of the moneys recelvsd from such e raffle, less deductions for the fair market value for the cost of acquisition cf the land and material, are donated to lawful religious, cheritabl~! community, or educational organizations specifically chartered or crgani~=O under the laws of the commonwealth and qualified as a section 50t(o) tax-ex~mpt o~ganiza~ion. The awar~ of any such pri~e ~oney shall not be deemed to bo a part of any gaming cuntract within the purview of Code of Virginia, section 11-14. (j) Any binge game in whish all the gross receipts from players ~or that game are paid a prize money back to the players shall net be subject to the limitations of section 4-30(g), hut there shall not ~e more than one (1) such ga~e per calendar day of play and the prime money from any such ga~e shall not ~×cesd one thuusand dollars (k) Any crganlzatlon composed of or for deaf er blind i~ force fidelity insurance, au defined in code of Virginia, (1} Re person shall participate in the management, operation or conduot of any bing~ game or raffle ii, withim the preceding five (D) y~ars, he has been convicted of a feleny or crimu Or moral turpitude. Further, no ~er~on. shall participate raffle if that parson, within ~he past five (5) years, has participated in the management, operation, or condUCt of any bingo gam~ or raffle which was found by a lOCal permitting authority or by a court of competent jurisdiction to have been (m) No organization ~hall conduct bingo games between midnigh~ and s:~o a.m. special parma,_required. (~) Two (1) qualified organizations as defined in this article may jointly organize and conduct bingo qa~e~, provided and county law and provideo Doth fully comply with all other provisions cf thi~ article- (b) Any two (~) qualified organizations jointly conducting bingo games shall be subject to the sam~ re~triction~ and prohibitions contained in this ~rtiele that would apply to a jointly conducting bingo games shall not circumvent any restrictions sn~ prchi~itiens which would otherwise ~pp~y if restrictions and prohibitions shall include, but n~ be limited cf merchandise or money awarded as prizes, end ell other 94-578 7/~7/94 (c) Any two /2) qualified or~anfzation$ which wish to jointly conduct on%. (1) or more bingo games shall furnish the county a written r~rt ~ting forth the ~i~ision of manpower, COsts, and proceeds for each game to be jointly conducted. Upon a finding that the division ef manpower and costs for each game' hears a reasonable relationship to the division Of proooads, the county shall issue a special permit for th~ joint conduct of all approved b%ngo games. Ns bingo game may be jointly conducted until thim ~pecial permit is obtained by the organization involved for that ~ingo game. Sec. 4-31. Other p~shibited practices. In addition ts other practices prohibited by this article ~nd prohibited by law, the following practices are prohibited: fa) ~xcept for reasonable and proper operating costs and prizes, no part of the gro~s receipt~ derived by an organization permitted to conduct bingo ga~ss or raffles may be used for any purpose other than: (1) Thes~ la~ful ~ligieus~ charitable, oe~n~unity o~ educatlo~al purposes for which ~he organization is (2) Expenses relating to the acquisition, construction, main~enanOe, or r~pai~, o~ any i~res~ in ~he real property involving the operation of the organization and used for lawful religious, charitable, community or educational purposes. (b) No organ[zatien shall enter into a contract with Or otherwise employ for compensation any person for the purpose of organizing, nanaqing er conducting b~ngo games or raffles except ac provided in subsection (e) of sestion 4-30. Thio shall not prohibit the joint operation of bingo ga~es pursuant to section 4-3Q.1._ (c) NO person shall pay or receive for use of amy premises devoted, in whole ur in part, to the conduct of bingo games or raffles any consideration in excess of the current fair ~ark~t rental value of ~ueh property. For the purposes of thi~ aTticle~ no fai~ ma~k~t ~ental value Consideration shall be ~ased upon or determined by reforence to a percentage Of the proceeds derived from the operation of bingo games or raffle~, nor s~all such consideration be based upon or determins~ by any reference to the Dumber ~f people in attendance at such bingo games or raffles. ~ach ~ay in vioia~ion o~ =hie subsection shall constitute a s~parate offense and shall be punishable ($1,000.00) or by confinement in the county jail for not more than twelve months or ~oth. (d) No building on other pr~mises shall be utilized in whole or in part for the purpose of conducting binge games more frequently than twe (2) calendar days in any one (1) calendar playin~ of binqn pursuant t~ a mpecial permit i~ued in accordance with section 4-30(a). No building or premises owned hy an organisation Which qualifieo as s tax-exompt organization pursuant ts section~D01C of the ln~ernal Revenue Code shall be utilized in whole or in part more frequently than four (4) calendar days in any one calend~r weak- (a) The organization shall keep complete recordo cf all bingo and raffle receipts and disbursements, which records shall bm filed annually under oath with thm county internal 94-579 7/27/94 L ~ L L [ audit department on a form furnished by the department. All such reports shall bs submitted te th~ internal audit department not later than the first day of December of each calendar year for which a permit ham been i~auad. Each report shall include a report of the gross receipts and disbursements af an organization for the year period which commenced on October i of the previous year add ended on S~ptcmbar 30 of the c~rent year. However, any ~rqanization whose g~oss receipts exceed fifty thousand dollars ($~0,000.00) during any calendar quarter shall file with the internal audit department an additional report of its receipts and disbursements during such quarter not lete~ than sixty (60) daym following the last day of ~uch calendar quarter. The annual or quarterly financial r~pcrt and othe~ items re~uired ~o be filed pursuant to ~his section shall be a matter of public record. "Gross receipted" as used in thim section, shall mean the total a~$~t of money received from bingo and instant bingo opera,ions and raffles before the deduction of expenses or prizes. (b) Each financial report shall be accompanied by a certificate, varified under os~h, by the board of directors of the organization to which the permit is issued, that the proceeds of all bingo games and raffles have been used by lawful, r~ligiou~, charitable, community or educational purposes for which the organization is specifically or organized and that the oparatio~ Of bin~0 ~emes or raffles ~as Deem in accordance with the provisions of Code of Virginia, title l~.Z, chapter 8, article 1.1. (1g,2-340.1 et esq.} Additionally, any organization having annual gross re~eiptm from bingo games or raffles in excess of 'two hundred and fifty thousand dollars ($25G,0OO.0G)z as s]lown on its annual financial report, shall attach to such re~ort an opinion of licensed independen~ certified public accountant that annual flnanclal report presents fairly, in all material r~spects, beginning eas~ receipts~ operating oc~t, use or proceeds, and ending cash: that the proce~d~ of any blngu games or r~ffl~s have been used, in all material respects, for those lawful, religious, charitable, community or ~ducational purpose~ for which th~ organiZatio~ is specifically chartered or organize~; an~ %hat g~ess receipts have been used, in all material respects, in accordance with the provisions of this article. (o) The failure to file such ~inancial rs~orts when due shall cause the automatic revocation of the p~it, and no organization whose permit has been revoked shall conduct any binge game or raffle thereafter until a report is p~operly filed and e new permit is issued throug~ the application (d) Notwithstanding the provisions of this section requiring an annual audit, the provisions of t~is section department s~aff or i~s designated representative from performing unannounced audits or restrict any right of any county official to secure any records required to be maintained designated representative shall have the ~uthcrlty to go upon the ~remises on which ~ny organization is conducting a bingo purpose of carrying out the duti~ imposed by this article. The application for the bingo permit shall constitute permission (e) ~very organization authorized to conduct bingo games and raffles shall maintain a record in ~iting Sar three (3) year~ of the date~ on which.bingo is played, the number of ~4-580 7/27/94 receipts and Dr±zes paid on each such day. The organization shall also maintain a record of the name and addre0s of each individual to whom._~.doo?!pri~, ro~ular e~pecial binge game prize or jackpot ~r0m the playing of bingo i~ awarded, as welt as the ~mount cf such awar~. The organization playing bingo shall also maintain an itemized record of all receipts and (f) Each organixation shall be required to account for bingo, instant bingo and raffle operations in accordance procedures and instructions emtablished by the county internal Sec. 4=33. Audit fee. Every organlzatisn authorized to conduct bingo games and raffles pursuant to this article shall pay aa audit fee equal to two (2) percent nf the gro~s receiptn which an organization reperts pursusnt te section 4-~2; provided, that if the gross reoeipt~ of an organization a~e ls~ t~an two t~ousand dollars ($2,000.00) for the designated reporting period, such audit fee i~ waived, "Gra~ ~'eoeipts~" es ~sed in this sestion~ means the total amount of money received from bingo, instmnt bingo and such audit fe~ zhall be determined by the gross receipts shown on the financial re~ort, subject to correctness by audit~ and shall accompany su.ch report required to be filed wi~h the internal ~udit department on or before December 1 of each year, pursuant to section 4-32. The two (2) percent audit fac shall apply to all the gross fe~ for games coo~uc~ed prior to that date shall be one (1) Sec.....4-34... Re¥ocatio~, denial or suspension of p~rmit. (a) The county board Of supervisors may d~ny, ~uapsnd or revoke the permit of any volunteer fir~ department, re,cue squad or organization fsu~ not to be in strict compliance with the provialsns of ~hls article~ or found not to be in compliance with any provisions ef this Code or the Code cf Virginia. (b) E~cept for permits automatically revoked pursuant to ~a~tion ~-~(c) for failure of ~n organization to file financial reports, no per~±t to conduct bingo games or raffles shall b~ ~eni~d, suspended er revoked except upon notice stating the p~opos~d basis for ~uch actium and the time and place for a hearing thereon. A£t~r ahsaring on the iszues, the counby board of ~upervisors may refuse to issue or may suspend er revoke any such permit if they determine that the organization has not complied with the provisions of thi~ article or Code of virginia, title 18.2, chapter 8, a~ticle 1.1. A~y Organization aggrieved by the decision ef the board of supsrvisors or its authorized representative ~ay appeal decisiun te the =ircuit court. Sec. ~-35. Penalties. It s~all be uniaw£ul far any person or any shareholder, agent, member or snployee of any volunteer fire department, rescue squad or organlzatien =e violate any provision of this 5r~icle. Each violation of any provision shall be punishable ($2,500.00) or by confinement in the county fail for not more th~n twelv~ (12) ~cn~hs~ er ~oth. A violation of section 4-31(t) by any pe'£son or any shareholder, agent, m~mbar or employee of any vulunteer fire ~epartment, re~cue ~quad or ....... I: L.~I .......... L ......... L L ..... organization shall be punishable by imprisonmenb of not less then ene (I) year nor more th~ fiv~ I5) years, or by a fine of not more than twenty-five hundred dollars ($2,500.00) er confinement in the =ounty jail for not mef~ than twelve (12) mouths or both. Sec. 4-~- ~n~un~tiv~ relief. In the event that aN organization violates the pro¥isione of this article, the ~ounty ut=orney may apply to ~he circuit court for an injunction restrei~ing the continued operation of bingo ganes~ raffles or any aspect thereeS, in addition t~ the criminel penalties authorized by the Cod~ of Virginia and the Code Of CAesterfield County- Sec. 4-36.1. Only. raffles, b~n~c an~ instsnt._bin~o ~ames ere permitted. This article permits organizations to conduct raffles, bingo and instant bingo games. Ail games not explicitly authorized by this a=ticle are prohibited. (2) That this o~dinance shall ' be~o~ effective immediately upon adoption. Ayes: Mr. McHale, Mr. BarDer~ ~r. Dani~i, and Mr. Werren. Absent: Mr. Colbert. CHESTERFIELD COUNTY, SECTION 7-2.1, RE~ATING TO EIE~TIONS FROM EROSIO~ A~D SEDIMENT CONTROL REGULATION M~. ~ioas stated this date and ti~e ha~ be~n advertised for a public hearing to o0nsider an ordinance relating to exemptiOnS from erosion &~d sediment control ragulatlon. He further s~e~ed the ordinance will allow the County to regulate the harvesting of forest crops pursuant to erosion a~d ~ed~ment control regulations and the change in the State Code we~ part of the County's 1994 L~gislative Program an~ corrects a p~able~ arising from %he commercial development adjaa~nt to Harbuur Point Subdivision. No one ca~e ferward to ~peak in favor of or against thi~ ordinance. on motion of Mr. Warren, seconded by ~r. Barber, the Board adopted the following 0rdinanoe: AN ORDINANCE TO AMEND THE CODE OF THB COUNTY AND R~NACTIN~ SECTION 7.2-1 RELATING TO ecu nty: (1) That Section 7.9-1 of tho code of the County cf Sec. 7.-2~. ~f~D.itionz. chapter, shall have the respective meanings s~t forth below, su=h term is expressly defined to the oan~rary elsewhere in thi~ chapter: eec Land-Disturbing Activity: Any land change which may result in sell erosion from waker or wind and the movement of sediments into waters on ~nto lands in the county or adjacent jurisdictions, including but not limited to clearing, grubbing, grading, excavating, transporting and filling of land~ and the iD~talliDg of water, ~ewer, gas or oil lines, drainage pipes street er sidewalk; except, that the term shall not include any of the following: (t) Such minor land-disturbing activitie~ as home ga~dehs and individual home landscaping, repairs and malntenanss work. (2} Individual s~rvics connections. (3) Septic tank lines or drainage fields ~nless such lines or drainage fields: a. Are located in the Chesapeake Bay Preservation Areas described in chapter 21 er chapter 21.1; Or b. Are included in an overall plan for disturbing activity relating to construction cf a building to be served by a septia tank system. (4) surface or deep mining. (5) Tillinq~ p'lanting or harvesting of agriculturul, horticultural or forest crops or livestock operations, including engineerinq operations as follows: construction of te~raess, t~rraoe o~tla%~, cheek dams, ~e~il~ing basins, ~ikee, ponds, ditches, striD cropping, lister furrowing, contour cultivating, cenuour ~urrowing, land drainage and land irrigation; however, this exception shall not apply to harvastlng of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provision~ U~ virginia Code, Chap~ar I1, (§ IQ.l-!!00, et. ~eq.) or is converted to bonafide agrienlt~ral or ~asture use as d¢:~crlbe~ by Virginia Code~ subsection B of ~10.1~1163. (6) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilitie~ of a r~ilroad company. (7) Preparation for singl~-family residences separately buil~, unless each residences: a, Are located in Chesapeake Bay Preservation Areas described in chapter 21 or chapter ~. Are buil~ in conjunction with m~ltiple uon~tructicn (8) Disturbed land areas for uses located in the Chesapeake Say Preservation Areas described in chapter 21 or chapter Il.1 Which a~e less than twenty~five hundred (2,500} square feet in size and disturbed land ~reas for uses less than ten thousand (%0~000) square feet in size which are located outmidm of such (9) Installation of fence and sign pss~s or telephone and electric poles and other kinds of post~ or poles. (10) ~mergency work to pretest li£e, limb or p~oper~y and emergency repairs; provided~ that if the land-disturbing activity would have required an approved erosion and sediment control plan if the activity were not an emergency, then the ~-~ land area disturbed ~hall be ~hapad end established in accordance with the re~ulremen~s of the Virginia ~ro~ion and ~ediment Control Eandbook. (11) Exploration or drilling for oil und gas including well site~ roads, feeder lines, and off-cite disposal areas which serve the well site. (12) Shore erosion control projects on tidal waters when the proj=cto are approved by local wetlands boards, the Marine Resources Commission or the U.S. Army Corps of Engineers. (1~) $.grioultural engineering operations~ including but not limited to the construction of terraces~ terrace outlets, check dams, desiltiu~ basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act, Code of Virginia, section 52.1-115.1 et seq., ditob~s, strip cropping, lister furrowing, contour cultivating, contour furrowinq, land drainage and lend irrigation. (l&) Installnnion, maln~enance or regair of any un,or,round public utility lines when ~oh activity occurs ~n an e×~ting hazd-surfaced road, stre~t or sidewalk provided such land-disturbing a~tivity is confined to t~e area of the road, street o~ sidewalk which is haTd surfaced. (2) That this ordinance shall beccme effective i~ediately upon adoptioD. Absent: Mr. Solbert. 16.~. TO ~ONSID~R AN ORDINANCE TO A~END TH~ CODE OF public hearing to consider un ordinance r~lating to per meeting the County currently ~a~ tnre~ ~dvisory ~eards (Committee on Statewide Building code Boardl whose members are paid on a per meeting basis. ~e stated the propou~d amendment, which is advisory board member~ to 0sly thos~ me,tings thut the actually attend. ordinance. COmpenSATION FOR ~MBER~ OF ADV!SOR¥ BOARDS BE IT ORDAINED Dy the 8card ~f Supar¥imur~ of Chesterfield County: ~heeterfield, 1978~ as amended, ia ~sende~ and reenacted to The board of supervisors may, during the budget approval process, provide that members o£ designated advisory beards, committees and c0m~i~sisns~ created by t~e board pursuant to the authority grantgd by Code of Virginia, section 1~.1-~,2~ ~hall [i) be ~ei~b~sed the actual expens~s incurred by them' while serving on sUCh advisory ~oards, committee~ and commissions and [ii) be compensated for their services at a m~eting and not to exceed a total of three thousand dollars (2) The: ~his ordinance shall become effective immediately upon adoption. Ayes: Mr. ~c~ale, Mr. Barber, ~r. Daniel, and Mr. Warren. Absent: ~r. ColDert, CKESTERFIELD COUNTY, SBCT~ON e-~.l, RELATING UNS~E BUILDING OR Mr- ~icas stated this date and time has been advertised for a public he.ring to con~ider an ordineno~ ~elating to procedures for rumoring, repairing, or securing any unsafe building or structure. He further stated thi~ or,thence would require the County to file a let;suit in the Circuit Court asking the owners ~o ~smov~ or repair the unsafe ~uil~ing or structure aa a precondition to removal and that the County may not arrange for the r~meval or repair until after 9udgesent is entered by the Circuit Court. He noted the change is required by the 1994 revisions in Stets Disc~sslon. comments, and questions ensued relative to the definition of ~n unsafe building and whether the County has an uniform procedure for determining a building ts be unsafe. No one came forward to speak in favor of or against this ordinance. On motion of Mr. Daniel~ ~econd~d by M~. Wa~ren~ adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COI~TY AND REENACTING SECTION 6-2.1 RELATIN~ TO REMOVAL AUTHORITY AS T0 UNSAF~ ST~UGT~ County: (5) That Section 6-2.5 of the Code of the ~Ou~t~_of (a) Notwithstanding any other provi~ion~ of thi~ ~hapter, ~ha ~uilding official shall have the authority to require the owners of any property within the county to remove, repair secure any building, wall or other structure located on such proper%y, which %he building official shall dateline endangers ~he public health or safety of other county residents. (b) If a building, wall o= other structure located in the county is determined by ~n~ building o%ficial 5o endanger the public health o= ~afety of residents~ the building official shall cause notice to be served on th~ owner of upon which such building, wall or other structure is located, r~quiring %ha owner to remove, repair or secure such Duilding, 7/27/94 cannot be found after a diligent ~ear~h, such notice shall be sent, by regi~tere~ or certified mail, to the owner at his last {c) A bill in equity shall be filed Un the circuit court asking the owners of gush Building, wall o~ other structure to remove, repair or secure as ~quired. Any party who is not (~) The ~w~er cf the property upon w~io~ susn building, ~all or e~her structure is locate~ ~ha~l r~move, repair or secure the ~am~ ag gpecified in the notice, within thirty (30) days of the delivery by hand si the notice to %he owner, within thirty (30) days of the ~aillng of the notice to the owner, Or within thirty (30/ days e~ the date the clroult court ~nters j~gs~snt of the bill in equity, as provided herein, whichever i~ later. If the owner s~all fail to take the action required ~y the buildinq official and specified in the notice within thi~ ti~e period, the building official may srranqe for such and paid by the owner of such property and may be collected ~y the county es taxe~ ~nd levies are collected. (e) Every charge authorized Dy %his section with which the (2) That this ordinanc~ shall become ~ff~ctive immediately u~on adoption. Absent: ~r. colbert. ~ESTER~IELD COUNTZ, SECTION 2-47,. RELATING TO ~LATHEMATICAL ERRORS Mr. Mioa~ stated this date and tine has been advertised for a public hearing to consider an ordinance relatin~ to withdrawal of bide for construction contracts due to mathematical errors. He further stated the proposed amendment would require a contractor to submit original work parers, documents, add m~terlel~ along with it~ notice of withdrawal. No one came forward to ~p~ak in favor of or against thi~ ordinance- On motion of Mr. Daniel, seconded by Mr. Barber, the Soard adop=ed the following ordinance: AN ORDINANCE TO ~END TME CODE OF TME COUNTY OF CMEETEgFIELD, 1978~ AS AMENDED, BY AMENDING A~D REENACTING SECTION ~-47 R~LATINC TO TME WIT~DRA~AL OF BIDS FOR PUBLIC CONSTRUCTION CONTACTS PUT TO ~RRO~ ~ IT 0RDAI~D by th~ ~oard of ~uperuisors of Chesterfield County: (1) TAat Section 2-47 of the code 0f =he county of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: (a) A bidder for a public construction contract, other highways, may withdraw his bid from consideration if the Dries bid was submitted in geed faith and the mistake was a clerical mistake ae opposed to a judgmental mistake/ and was actually due to an unintentional ~rl~hmet~¢ error or an umlntemtlO~al amiss'ion of a ~uantlty of work, labor er material ' made directly in the compilation of a bid, which unintentional arithmetic s~ro~ Or unintentional omission can be clearly shown by objective evidence drawn from inspection or original work papers, documents and materials umed in th~ preparation of the bid sought to be withdrawn. (b) A bidder ~hall h~ve no right tc withdraw a bid ae notlca in writing t~ the d~rector of purchasing of his claim of right to withdraw h-is bid within two (2) business days after the conclusion Of. the bid opening procedure. Any withdrawal request made to the director of purchasing must be accompanied by ~idder's original workpape~s, (c) The county purchasing agent ~hall ~evie~ the original work papers, documents and ~aterials used in the preparation of the bid and shall make a determination, based e~ the provisions of subs~ctlon (a) of thi~ ~ctien, whether to grant or deny the withdrawal of the bid. If the c0~ty purchasing agent denies the withdrawal e£ a bi~ under this section, he shall notify the bidder, in ~riting, of his decision, stating the reasons therefor. (d) In order 'for ~/ork paper~, dooumen=s and materials submitted pursuant to this section to be deemed a trade mecr~t or p~op~ietary information pursuant to Cede of virginia, ~ubdivisien D of ~ 11-52, a bidder must e×pre~$1y invoke the aforementioned ~tatute i~ the notice of withdrawal. {e) No bid may be withdrawn under this section, when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder i~ more than five (5) percent. (f) If a bid is withdrawn under this section, the lowest remaining responsive bid of a responsible bidder shall be deemed to be the low bid. (g) ~o hldd~r'~ho i~ permitted to withdraw a bid shall, for compensation, ~up~ly any material or labor to or perform any subcontract er other work agreement for the person to ~hom the comtract is awarded or otherwise benefit, directly, or indirectly, ~rom the performance of the project for which the withdrawn bid was submitted. (h) The county ~urchusing agent is authorized to establish procedures for the withdrawal of ~ide for other than (2) That this ordinance shall become effective immediately upon adoption. Ayes: Mr. MoEale, ar. Barber, Mr. Daniel, a~d ~r. W~rren. Absent: Mr. Colbert. It was generally agreed to recess for ten minutes. ~convening; 94-~$? 7/27/94 ................ ~ '1- ........... q .......... I--'" r ........... ............ ; ........... IL ...... L ~ ~I L .... L L .... requested renewal of Mobile Emma Permit $75~0~11 to park a mobile home An ~ Residential (R-7) District, The density of this proposal is approximately 0.96 units per acre. The Comprehensive Plan designates the property fur residential use 6688 South Beulah Road. Tax Map 67-1 (1) Parcel 33 (sheet the mobile home ia currently unoccupied and som~ maintenance is r~quired on the yard along the roadway- Ke further stated reoo~andatlon is acceptable, MS, shirley Grant m%ated she resides acro$~ from the property the property; that she opposee the trailer on the property whether it is occupied or not~ and that %he property haa teen properly maintained and negatively impacts surrounding property owners- She further ~tuted she feels ~he should ba denied and the trailer removed from th~ property. She submitted a picture of the trailer into t~e record. has seen the trailer and the property deteriorate over th~ pa~t received one complaint abou~ the trailer on the property in the condition; and that he maintains the property. for family members ~e move into the mobile home- Mr. Alspaugh inquired as to whether thar~ are any plans tc build a permanent dwelling on the mite. ~r. Al$~augh stated he h~ ne plans to build u permanent dwelling On the site. the past have had family memberm mov~ into the tome or the property wes sold to ammeone that co~mitted to build r~ghts, but alee wants to take into consideration th~ nei§hborhoud itself. the property owner to meet with those in opposition to the request. In Matoaca Magisterial Di~trict~ WI~BUI% ~ID B~LORBS OL~VB~ WILCOX requested renewal ef ~obile Home Permit 87SR0145 to park a mobile home in a Residential (R=7) District. The applicant als0 requests an amendment to standard Condition 1 relative to the occupant of the mobile home. The d~n~ity of this proposal is aDDrm×imataly 4.25 units per acrs. The Comprehensiv~ Plan designates the property for residential use cf 1 to S acre lots7 suited to R-S8 zoning, This property fronts the east line of ~tuart Avenue approximately 443.5 feet south of River Road and ~s better known as 2~5~1 Stuart Tax ~ap lS6-9 I~) Augustus Wright, Lot 6k (Sheet staff reconu~end~ approval of this request for seven years, subject to Conditions 2 through 7 and with an amendment to Condition Number 1~ that the applicants shall be the owners of the mobile hums and the mobile home shall be occupied hy applicants' parents (Oliver and Helen Wilcox) only. Mr. wilbur and Ms. Delores Joyner stated ~taff's ie acceptable. approved Cass 95SR§114 subject to the following condltionm: 1. The applicants shall be the ewner~ o~ the mobile home, The mobile hone shall be occupied by the applisants' p~rents (oliver and Helen wilcox) only. mobile hame .site, n.or shall any mobile home be used for rental property. 0nly one (1) mobile hume shall be permitted to be parked on an individual lot or The minimum lot size~ yard setbacks, required frenh yar~, and Other zoning requirements of the applicable zoning district shall be camp!led with, except that no mobile home shall be located closer than 20 feat to any existing 4. No addltienal permanent-type living space may be added Onto a mobile home. All mobile homes shall be skirted but shall net be ~laoed un a permanent foundation. Where public (County) weber and/or sewer are available, they shall be used. 6. Upon being granted e Mobile Home Per/nit, the applicant shall then obtain ~he necessary permits from the Office of the Building Official. This shall be dons prior to the installation sr relocation of the mobile home. 7. Any violation Of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: ~r. McHale, Kr. Barber~ ~r. Daniel, and Mr. Warren. Absent: ~. Colbert. in Dale ~agisteria! District, JOY MEEKS requested renewal of Mobile Home Permit $95R~292 to park a mobile home in a Residential (R-Y) District. The applicant also requests an amendment to Standard Condition 1 relative to occupant of the mobile home. The densi=y of this proposal is approximately 1 unit per acre. The.Comprehenslvs Plan deslgnate~ the property for Meside~tial ~se of 4.01 to 7.00 units/acre. This property fron%~ the south line of Cogbill Road, approximately 800 feet 94-589 7/27/94 northeast of Old Zion ~ill Road, and ix better known as 5733 Cogbill Road. TaR Map 66-1 (2) Ampthill G~rdene, Section Lot 2~ (sheet Mr, Jacobsen presented a summary of Case ~$$R0115 and stated subject to Conditions a through ? and ~i~h an amemdm~nt to Condition Numbmr 1, that the applicants shall be the ownsrs of the mobile home and the mcbils home shall be occupied ~y th~ applicants~ parents I~oyce and Le~is Miles} only. 0~ ~otion of Mr. Daniel, ~c~nded by Mr. warren, the Board approved Case 95S~0118 subject to the following conditions: 1. The applicants shall be the owners cf the mobile home. The mobile home shall b~ occupxed by the applicant~' pa~ent~ (Joyce and Lewi~ ~ilss) ~nly. No lot or parcel ~ay b~ rented cr leased for uss as a mo~ile home si~e, nor shall any mobile kome be used for rental prOpe~ty~ Only one (1) ~cbite home sh~ll be permitted to ~e p~rked on an individual lot or parcel. 3. Th~ minimum lot size, yard setbacks, required front yar~ an~ other zoning requirement~ of the applicable zoning district shal~ be complied with, except that no mo~ile home shall be located 4. No a~itional p~r~anmnt-typm living sp~c~ may be added onto a mobile home. All mobile homes shall he skirted but shall not be placed on a 5. Where public (County) water and/ar sewer are available~ they shall b~ Upon being granted a Mobile Home Permit, the applicant shall then obtain tee necessary permits from the Office o£ the Build,hq official. This shall be done prior to the installation or relocation of t~e mobile home. 7. Any violation of the above conditions shall be grounds for revocation of the MuLile Ho~e Per, it. Absent: Mr. Colbert. 94SN~A% In Matoaca Magisterial District, LUDSON W. HUDBI~S requested Conditional Use to permit a self-storage warshouse facility in an Agricultural (A) District. The density of such amendment will be controlled by $onin~ conditions or Ordinance standards. The Comprehensive ~lan designates the property for single family remidential use o~ 2.2 units pe~ acre or less. This request lies on 5.0 acres known aa 8801 Baldwin Creak Road. Tax ~ap 89 (1) Part of Pmroel 40 ~T. Jacobsen Dresente~ a summmry of Cuss ~45N02t2 and stated the Planning Commission and staff recomm~nd~ approval subject to conditions. ~r. Ludson Mudgine stated the recommendation is accaptabls. There was na opposition 94-596 7/27/94 O~ ~otion of Mr. Daniei~ eemonded by M~. Barbe~. the Board approved Case ~4SNQ212 suDject to the fsl%~wing conditions: 1. The followin~ conditions notwithstanding, the plan submitted with the application shall be con~idermd the- Master Plan. This Conditional Use shall be limited to the operation All activity associated with this us~ shall be confined to the interior s~ the existing structures. Outside storage of v~hicl~s or oth~r items shall bm prohibited. 4. Other than normal maintenance or cosmetic improvements, no addition5 or exterior alterations shall be permitted to accommodate this use. 5, Hours of operation shall be limited te between 9:00 a.m. and 9:00 p.m., Monday through Saturday. 6. There shall be no tractor trailer deliveries permitted- 7. This Conditional Use shall b~ ~ranted for a period not to exceed ten (t0) years from the dat~ of approval. Ayes: ~r. ~cHa!e, ~r. Barber, Mr. Daniel, and Mr. Warren. Absent: Mr, Colbert. from Agricultural (A) ~e Residential (R-9), A single family square feet is pier,ned. Residential use of up to 4.~4 unite per acre ie permitted in ~ Residential (R-9) District. The Comprehensive Plan designates the property for residential use of 1,~1 to 4,0 units per acre, This request lies on 30.0 acres known as 4912 Newbys Bridge Road. Tax Rap 50-11 (1) Parcel 2 (Sheet lg). acceptance of the proffered conditions, He no,ed the~e was nc opposition at the Planning Commission meeting and that the recommendation is acceptable! ~hat they held numerous citizen meetings; that there was ne opposition at the Planning Commlss~on meetin~ 5nd the Co~mi~sion recommended approval; and request. Subdivision; that he i~ opposed to the proposed request; that any meetings; that the lots are very small and are not comparable to homes in the area; that he feels the development will not De pb~ed in; and r~quested the ~uar~ to ~ithor d~ny opportunity to meet with th~ developer. It was noted three persons w~re present in opposition ~o the ................ L ............. i I [ [ Mr. Scherzer stated public nu~ice and information was sent to all surrounding property owners; that the applicant was unaware of any opposition to the request; that time is orltlcal to th8 neighborhoods to the north and west; that the applicant has pmoffered a density comparable to R-LI; and requested the Board to give favorable consideration to the request. Mr. Daniel stated he was unaware of any opposition to the request until recently, therefore, he feels th~ r~quest should Mr. Daniel then made a motion, seconded by Mr. Me,ale, for th~ Board to defer Case 945N0202 uDtil August 24~ 1994 to allow an opportunity for the applicant to meet with area residents and others to address concern~ of ares residents. Mr. Warren stated although ther~ was no opposition at the Planning Commission meeting, he feels the developer should meet with the residents! therefore, h~ ~upports the deferral. Mr. MoHale called for the vote~ on th~ ~otion made by Mr. Danial¢ ~conded by hi~, fo~ the Board to defer Case ~4SN02Q2 un~il August 24, ~994 to allow an ©pportuDity for the applicant area residents. 94~0174 (Amended] CORgOYc~TiON requested rezoning from A~ricultur~l (A) to ~eeiden%ial {R-12). A elngle family residential subdivision with a minimum ~ot s~ze of ~2,000 square feet is planned. applicant has agreed to li~it th~ numSsr of lots to &7 yielding an approximate d~n¢ity of 2.~ units p~r acre. The Comprehensive Plan designates the p~spe~ty for residential usa of 1.5t to &.0 units per acr~. This request lies On 26.2 acres fronting approximately 200 feet on the north ~ine of Lucks Lane, across from gmeketree South Park%gay. Tax Map 26-15 Part of Parcel 15 and Ta~ Nap 37-3 (1) Parcel 7 (Sheets 7 and Mr. Jacobean prasan%ed a summary of Case 948~0174 and ~tated the Plannin~ Commission recommends denial as there was sigaifican~ opposition at the Planning Commls~ion meeting and noted one Commissioner abstained. ~e further staff recommends approval and acceptance of the proffered conditions and noted the request conforms to the powhite/Route 288 Development Area Land Use and Transportation ~1~- ~e further stated ~ince the Planning Commiosiun ~eeting¢ the applicant has submitted additional proffered conditions and reviewed each of the conditions stating there were also other amendments to the restrictive covenants in which staff will ensure are filed when the development is approved. Mr. Andrew Sc~erz~r, representing the applicant, stated staff's recommendation iz acceptable; that they have m~e numerous ohangem and feei~ the concerns of residents in the area have b~n $~ti$~ied; and ~equested the Board to give favorable consideration to th~ Mr. Jim Cutler stated he is a resident of $~eketree Ridge; that he is speaking on behalf of concerned resident~ who resid~ adjacent to or near the proposed development; that over 50 7/27/9~ February to discuss their concerns7 and that the residents are not completely satisfied ~ith the propos~ density, however, they feel it is the best they can hop~ for 'at thi~ therefore, they a~¢% not opposed to the request. Ke expressed concerns relative to the increasing pace of high development along the Lucks Lane Corridor; schools being overcrowded; and the oa~h proffer ne~ beiug adequate to meet the demand of new residents~ ~e stated they feel futur~ development along Lucks Lane is at least R-12 density; that they feet R-12 is a mor~ appropriate zoning and will oppose any development that Dro~ers les~ and requested the Board and the Planning Commission %o carefully review the ±mpaet Of ~pce~in~ ease~ on Lucks Lane and support reasonable R-12 z~ning to help llfe in the area. He expressed appreciation to the ~esid~nts who h~lp~d formulate and ~uppoNt the neighborhoods position. Mr. Warren stated community ~epresenta~ives and the developers worked diligently ~o resolve citizen concerns while addressing quality of life issues. ~e expressed appreciation to everyone for their involvement in this request and stated he is i~pressed by everyo~e's willingness to work together in getting thi~ case approved. Mr. Warren ~han made a motion, seconded ~y Mr. Daniel, fat the ~oard to suspend it~ rule~ at this time ~nd accept the lJ. Amy ~loodplain area not located within the boundaries of a lot shall be de.dlcated to Walton Lake ~omeowners Association and/~r their assigns. Ayo~: Hr. HcHaie, Mr. Barber, Mr. Daniel, and Mr. Warren. Absent: Mr. Colbert. on motion of Mr_ Warren, seconded by Mr. Daniel, thm approved Case 9~SN01?~ and accepted the following oondition~: 1. At time of recordation of the first subdivision plat, forty-five (45)~ feet of right of way on t~e north side of Lucks Lane~ measured from the centerline Of ~hat part Of Lucks Lane immediately adjacent to the property, shall he dedicated~ free and unre~tricted~ to and for %h~ of Chesterfield County. 2. Acees~ to LucKs Lane ahall be limited to One (%) public re~d, This pub!lo road shall align the easternmost inter.action of em0ketr¢= South Parkway onto Lucks Lane. The emac% location of this access shell he approved by the Transportation Department. ~. A maximum of forty-five (45) lots shall be per~it~e~. To provide for an adequate roadway system, thm developer shall he responsible for the following: A. Construction of additional pavement along Lucks Lane at the approved e~ceso to provide a right-turn lane. Dedication to Chesterfield County, free and unrmstricted, any additional right Of ~ay or ~a~m~nt~ r~quiMg~ for ~he improvement above, 5. The applicant, subdivider, or assignee(s) shall pay the £ollewing t~ the County of Chesterfield prior to the time of building pal-mit applications for infrastructure impravemen~s within the service dis~ric% for %he property: A. $5,~4~ per lot, if paid on or prior to June 30, lg94; ar The amount approved by the Board of Supervisora not to exceed $~,043 p~r lo~ adjus=e~ upward bF any increase in the Mar~halt and Swift Build±hq Coat Index between July 1, 1993, and July 1 cf the fiscal year in which the payment is mad~ if paid after June 3Q~ 1994, 6. P~DliO wa=er and sewer shell be u~ed. 7. With the ~xeeption of timbering to remove dead cr diseased %~ees which have b~en ~pproved by the Virginia Stat% Department of Forestry, there ahall be no timbering until a l~n~ disturbance permit has been obtained from the Environmental Engineering Department and the approved devlce~ ina=ailed. A dam failure analysi~ s~ Walton Lakes will be per£Ormad and no homes will be located closer than twenty (20) feat to the l~mits sf the dan failurs inundation. Subdivision and Lot 26 of The Points Subdivision and ~uch lot is adjacen= to the I00 year flood plain of Falling Creek shall conform to the following requirements: A. Ail such lots shall have a minimum of 15,000 ~quare feet. B. All dwelling unitm on such loth shall hays a minimum of ~,000 grc~ ~quare feet. 10. Except as stated in Proffered Condition 9, all ether dwelling units shall conform to the following requirements: a. A maximllm of seven (7} ~lling units shall be permitte~ which hav~ 1~600 gross square fee~ exclusive of garages. The~e dwelling ~nit~ ~hall not be located on lots adQacent to the Falling Creek 100 year ~taodplain. b. At a minimum, one (1) dwelling unit having a ~roas square footage of 2,000 ekCl~s!ve of garages shall ~e located cna lot which is within ~20 feet of Locke Lane. c. All other dwelling unit~ ~hall have a minimum of 1,800 gross square feet exolusiv~ of garages. 11. The developer shall nstify the last known Presid~tg of the Smoketree, Smoketree Ridge and The Points ~o~eewners Association ~lua ell adjacent property owners prlor to tentative subdivision mubmissio~ to th~ Cc~nty. In conjunction with the recordation of any subdivision plot the following Declaration of Rsstrio%ione shall bs T~ OWN~R~ do hereby declare that said property is to ba held, owned, conveyed, usa~ and occupied ~ubject to ~he following re~trictiYe covenant~: 1. An Architectural Review Committee, hereinafter called "ARC'~ shall be comprised of the developer, their heirs, p~rsonal repre~ent~tiv~, and a~ign~, any of which may ac~. The ARC shell coordinate each r~id~nae and lot and shall establish reasonable rules and re~ulatisn~ relating to th~ procedure for a~chitectural approvals and genera] guid~line~ fo~ architectural plans for the subdivision. The Arc shall not De liable to any Owner or %o any other p~rson on account of any claim, liability, damage, or expense suffered or by or threatened against an Owner or ~uch other person arising out of or in any way ~elating to the subject matter of any review, inspections, permissions, consents, or required a~provals which mu~t ~ obtained for the ARC whether given, granted, or withheld. 2. No Improuensnt~, either permanent or temporary, alterations, repairs, changes in color, excavations, changes in grade, ma~or landscaping, er other work which in any way alters the exterior appearance of any Let or improvement located thereon from its natural or improved state e~isting on the date such owner (i~eluding clearance of trees and vegetation, lamp pe~t a~rue~uras), shall be made er ~ons until the plans, speGificati~ns, working drawings, and proposals for the same showing the nature, kin~, ~hap~, type, color~ materials, and location of the improvements on the Lot and a landscapin~ plan shall have been submitted t~ and approved in writing as to harmony of external design and location in relations to surrounding structures, topography, and applieabl~ governmental requirements by the ARC. 3. Ali easements along road frontage and let lines as sho~n on the aforesaid subdivision Dla~ are hereby reserved unto the devslsper~ his personal purpose a£ drainage cr furnishln~ light, telephone or any other utility Co ~he property. ~ Lot~ ~hall be occupied and used as follows: a. Lots shall be u~ed for private purposes only and no building of any kind thereon except for: One private d~elting house with dwelling bein~ designated for occupancy by a single family. 2. Privet% qa~age~ fo~ the sole ~se of the 3.. A single building for the ~torage of s~mmerclal vehicles, boats, equipment, and tools used in maintenance of the Lot upon which erected. 5. NO structure of a temporary character, trailer, outbuilding shall be used on any Let at any time as a residence ~ither temporarily er permanently. 94-595 7/g7/94 6. The construction of any structure on a Lot nhall be completed with a period of nine (9] ~enth~ after the beginning of construction. During construe%ion, the Lot shall be maintained in a cleak a~d uncluttered condition, free of unnecessary aCCumulation of waste and building debris. 7. It is the responsibility of each Owner to prevent the development of any unclean, unsightly, or unkept condition of buildings or grounds on his Lo~. Ail improvements on each Let shall be kept in good repair, a~d, where necessary, painted on a regular basis. No portion of the Property shall be uced maintained as a dumping ground for rubbish. Outdoor burning of leaves, trash, or other debris shall not be permitted. All ~rss~ , garbsge~ and other waste shall be kept in sanitary containers which s~all he surrounded by wooden screening wib~ euo~ screening being approved by the ARC, or otherwise out of sight f~e~ the street. N~ nuisance or offensive activity chall be or maintained upon any Lot~ nor shall any peultry~ hogs, rabbits, cattle, er other livestock be thereon with the exceptiou of dogs, =ate, or normal household animals kept as pets thereon ~n numbers not exceeding those permitted by th~ law provided they ars not kept, b~ed or maintained for any commercial purposes, and must be k~p% under control of their owner when outside owner's premises, nor constitute a nuisance in the opimion of the ARC, his sucssscers or assigns. ~e use shall be made of any Lot which will depreciat~ or Property. year floodplain of Falling Creek shall conform to the following requirements: B. Ail dwelling units on ouch lots shall have minimum cf 2,0~0 gross s~uare f~% s×clusive of garages. 10, No dwelling house shall be ereote~ upon any Lot with a total floor or living ~pa~e, exclu~iv~ zoning ordinanGe o~ a ~a~i~um of {7) L~t~ not All ot~er dwelling units shall have a minimum of 18QQ m~uare fee% or as otherwise restriot~ by th~ 11. At least twelve (12) dwelling units in the subdivision shall have a minimum of a one oar living s~ace upon apprsval of the 12. Nc Lot mhall be furthe~ subdlvidmd fur the purpose proven t.~N..~he matimfaction of th~ ARC, no trees with (2) f~et from the ground, flowering trees, shrubs, pri~r written permission of the ARC- Lo~ owner violates thi~ covenant, the Lot OWner will Da fined $~5,00 per inch for every such tree removed ~nd it shall be assumed that each tr~e had a diameter cf ~welve (12) inches. No commercially licensed vehicles, motor vehicles, recreational vshidles, boa~s, disabled vehicles, vehicles without a currant state license er state i~epeetio~ sticker, machinery, or other equipment shall ~e visible fro~ the street for a ~oriod eXCeeding twenty-four (24) hours. Any screening of such vehicles must ~e appreve~ hy the ARC. This covenant sh~ll not apply to vehi¢le~ and equipment while such construction is in progress, or in connection with the development of the Property. If shall be the responsibility Of each Owner to construct and maintain suitable and adequate parki~ thereon. 15. The operetio~ of ~nlicensed motor bikes, ATV's, and motorcycles on the lots and entrance ~uhjeot to ~egalation by the Owners and m~y be prohibited entire4y, Mo e~tornal ill.u~in~ien on any Lot shall be of such s character or intensity or so located as to interfere with any other owner's use or enjoyment of hi~ LOX. No neon or flashing lights shall be permlbtsd. All external lighting must be approved as to size and intensity by the ARC. 17. Except during construction, no signs of any kind shall b~ displaye~ to ~h~ public view on any lot except: A. On~ sign not e×c~ding four (4) square feet in area u~ed for tho purpose of advertising the Let for sale or rent: and B. One sign not ~xceeding four (4) square feet in are~ which identify the resident oceupyin~ the Lot, the na~e of the Lot, or be~h. 18. No temporary, portable, or ahove~reun~ swimming pools may be erected on any Lot. ~e permitted; provided, kcwsvsr, that until oablsvisisn television becomes sYail~ble to Property, exterior television antennas s~alt be permitted, prc¥ided that they do not extend more than five (5) fast past ~he roof line of any 20. NO construction shall be permitted without other Lon or Common Area. The ARC may establish reasonable rules and regulations =stabli~hing maximum percentage cf any Lot which may be ¢overe~ by a building, driveway~ or other structure. Nc building shall bm ~ituate~ on any lot in violation of the epp%icabl~ zoning ordinance in effect at the time permitted between tho reoldence and street line, split rail fences er other wooden fences may be built between the rear of the hou6e and the rear lot line. The split rail fences may be Decked with wire to provide animal retention. There shall be no chain link fences p~rmitted. 22. NO shrubs, trooo~ fences or structures of any type shall be erected which may partially or folly block vehicular sight distance, a~ set forth in the Virginia ~i~hway Department regulations, on any roadway in the subdivision. No Lot owner shall disturb or sil~a%e shoulder~ backslopes, di~ohes~ pavement, curb and gutter, driveway culverts, or any other ~mprovemente within ~he public right-cf~way. ~ach Lot Owner agree~ to he responsible for disturbances, damages, and/or siltation caused by ~hsmselvss~ their employees~ fourteen (14} days fro~ the receipt of a letter from the developer and/or the ARC to correct the damage. If a Lot Owner fails to correct the damage in a assigns shall have the right %0 correct the damage and bill th~ Lot Owner directly on a cost-plus- fifty-percent (50~] basis. If a Lot Owner does not make payment within thirty (30) day~ of presentation Of the bill, a two percent (2~) per month service charge shall ~e applied to ~uch bill. Any one or more of the Covenants and imposed in Para~raph& 1 thr]~ ~3 hereof may w~ived, modified~ or rescinded, J~ whole or in part, a~ to all of the Property er any Lot, by instrumen~ of ~ke ARC- Invalidation of any of th~me covenants and conditions, by court adjudication or otherwise shall in no way modify, affect, or invalidate aDy of the which shall r~main in full fcr¢~ an~ ~ffect. 26. Each an~ every covenant end condition herein imposed any I~t ~y appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate %h~ same to prevent or therefore. The failure of an owner or undersigned to bring ~ny such pro=sadist shall not be considered am a waiver of any rights at law or in equity that any much party may have for pmsb or future violation of any covenao~ herein 27. These covenants and conditions are to run with the lend and shall be binding upon subsequent owner or owners and all parties claim and free o£ including, but not limited to the seedin~ watering and mowing of all lawns, the pruning ~n~ cu~%in~ of all trea~ and shrubbery, all ~n a manner and with such frequency s is consistent with good property 29. Any floodplain area not located within the Dounda~ia~ of a lot shall bE dedicated to Walton 7/27/94 A~sent: open space and shall fully mca{ the Standard~ for Space U~e under the Virginia Land Use Assessment Department of Conservation and Historic Resources the Ced~ of Virginia. Any floodplain area not locatmd within the boundaries of a lot shall be dedica~eR, to walton Lake Association and/or their a~migns. Kr. McHale, Kr. Barber, Mr. Danial~ and Mr. Warren. ~r. Colbart. On motion of ~r. Barber, seconded by ~r. McHale~ the Board Absent: ~r. Colbert. County Adminimtrato~. 7/27/94