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11-28-90 MinutesMr. C. F. Ceftin, Jr., Chairman Mr. G. H. ADDI~uate Mr. Harry G. Daniel Mr. Jesse J. Mayas Lane B. Ramsay Count~ Administrator Staff in Attendance= Ms. Barbara Dir., Of~. on Youth Ms. Amy Davis, Asst. to Co. Ad~i~. Mrs. Doris Da~art, Asst. Co. Admin., Le~is. Svcs. and ~tsrgovern. Affairs Mr. William Dig,s, Dir., Ms. Joan S. Dolezal, Chief Robert Eanes, Jr. Fire Mr. Bradford S. Management Services ~r. Thomas E. Jaoobson, DAr., Plarmlng Dept. ~S. Ma~ Leu Dir., A¢¢eunti~g D~pt. Deputy Co. Admin., ML Richard McKlfish, Dir., Env. Eng. Dept. Mr. Steve L. Micas, Co. Attornsy Mrs. Pauline Mitchell, Dir. uf News & P%~lic NS+ Lucill~ Moseley, Mr. William D- Chief, Dev. Review, Planning Depar~me~ ~r. Richard Sale, DeDuty Co. Admin., Development Dir. of Budget & Mgt. ~r. M. D. $tith, Jr., Dir. of Parks & Mr. David Welchons, Dir. of ~tilities Mr. Frederick Willis, Dir. of Human Mr. Currin called the =sgularly Scheduled m~uting tO order at 9:10 a.m. (EST}. 1. INVOCATION Mr. Currln introduce~[~. Milla=d D. "Pete" Stith, Director of the Pa~k~ a~d Recreation Department, who ~ave th~ i~Vocation. 90-860 11/28/90 Sheriff Clarence G. Williams led the Pledge of Allegiance the Flag of the United States of America. 3. A~FROVALOF~INb'I~S There was discussion relative to corrections to the Nove~er 14, 1990 minute~ concerning Item 14, Extensions of Public Water and/er Sewer Service to Existing Subdivi~iens, etc. After brief discussion, it was generally agreed corrections, as noted, clearly reflected the action taken by the board. It was on motion of Mr. D~nlel~ seconded by Mr. S~lliva~, the Board approved the minutes of November 14, 1995, as amended. Vote: Unanimous NE. Mayes stated he had un~ezsteo~ the policy adopted in the MovemDer 14, 1990 minutes regarding the extensions of DYLbliC water and sewer to existing subdivisions did not include paragraph 1.c. and he would bring b~ck to the Board a paper concerning this mat%er. ~. Rammey introduced Mrs. Lucille Noseley, Director of the Chesterfield County Museum, who presented the Beard with copies of the newly printed, updated ChusteIfield Co~ty 1607-1954". 5. BOARD C(~I'~REPORTS Mr. D~niel expressed appreciat±~n to the many individuals who had exnpressed persenal interest in his and his f~il~'s well V~rginia Association of Counties (VACo) Board cf Directors meeting, at which there was aqreement to a more focalized legislative Drogr~ noted that ~. J~es C~pbell, with the Virginia Municipal Lea~e, wa~ appointed a~ the new of VACo; and attended a meeting, hosted ~y Ric~on~ Regional Planning District Co~ission (~DC), with the legislators regarding the Chesapeake Bay P~eservation Act. Co~onweal=h, a~ WhiCh there wa~ discussion r~garding th~ system, which he ha~ di=cus~ed with the Chai~an and County A~inistrator; attended a demonstration on the computer curricul~ au Harr~ga=e =lemen=ary school which he felt exceptional and co,ended the school and A~ini~tration for tapir efforts; ~d par=ioipa:e~ in a ~-mite march ~. Apple~ate reported he attend the Capital Re, ion Airport co~ission (C~C) meeting, at which it was ~ote~ and cargo continue to inczeasu~ noted ~. Melvin Shaffer was elected Treasurer to fulfill the unexpired te~ ~f Mr. John Mazza, Sr.~ and noted tsar a ~eeti~g wit~ Aitli~ was oonduote~ to diSOUMM an agreement for the construction and Virginia Association of Co.ties {VACO) Board of Directore and Mr. Daniel was uluQt~d a~ ~con~ Vice President of 90-861 11/28/90 Mr. Sult±va~ reported that, in addition to routine meetly§s, he attended a meeting hu~orln~ the youth of the County sponsored by the James River Optimist Club a~ Neadowbrcck High School. Mr. Curri~ reported he attended the Virginia Association of Counties (VACo) mept~n~; represented the County at the Ricb3~o~d Regional Plannlnq District Co,mission (RRPDC) meeting with lmg~sl~tors regarding the Chesapeake Bay Preserva=iun Act; and attended bend closing with Mr. Ramsay in New York. 6. P,,I~L~.,~"J~$ TO PO~i~ONEACTION~ EMERGENC~ADDITION$OR []~HI~ES IN T,~ O~/)ER OF P~ATION On motio~ of Mr. Sullivum, seconded hy Mr. Appl~gate, the ~oard deferred until December 12, 1990 Item i!.A., Purchase of Fill Dirt for Cover R~pair at Fort D~rling L~ndfill~ added Item 7.~., Resole=ion Reco~nlzing Decmmber 1 9, 1990 as "Hunger Awarenemm Week"; and adopted the agenda, as amended. 7. I~E~L~TIONH AND SPECIAL P~COG~ITIONS 7.A. I4R. R73~{ W. ~B~N, ~. ~IOR ~r~ ~ On mo~ion c~ the Boar~, the followin~ resolution was adoDted~ ~AS, Mr. Hugh W. Robert~on, Jr., Senior Raporter for of the chesterfield County Board of Supe~isors and the a~inistraCive stai~ ~or the Ric~ond News Leader since 1984~ and ~E~, ~r. Rob~rtson ~a extremely knowledgeable in his chosen ~rofessLon, beln~ a second gensration journalist with an undergraduate degree from the University of Virginia in 1955 and a Master's De,rem i~ Journalism from Col~ia University in 1956; and ~EREAS, Mr. Robertso~ increased his knowledge and zha~ene~ his sk~ll~ by working with such preztigious news organizations as United ~ress in M~phi~, T~n~ee a~ with the Ric~o~d News Leader ~rom 1965 until the pre,est; ~d the Virginia General ksse~lF, where he earned n~erous Vizginia Pzesm Asmomia~ium Awards. NOW, TH~ BE IT ~SOLV~, that the Co~ty Board of Supervisorm dc~$ h~r~by reco~ize and appreciate the fair-minded intelligence ~. Hugh Robertson, Jr. exhibited in his r~porting and do~s wish him a happy and healthy retirement. Mr. Curtis presented the executed re~olution to Mr. Robertson, ~o~ended him for his professionali~ and fair-~nde~ess raportin~ County new~ and ~tated hi~ presan=~ would b~ but wimh~d h~ well in hi~ OUTSTANDING YO~TN, ADULTS AND O~GANIEATIONS ADVOCATING MS. Barbara Bennett, Director of the Office on Youth, introduGed Ms. Lillian Duffie, chairman of the Youth services 90-862 11/2S190 Co~i~sion, who recognized the following reeiDients of the "outstanding Youth in Chesterfield County Awards for NAME S~QOL Elizabeth L. Bedard L.C. Bird High School David K. Dahlq~ist Midlothian High School Ted Ford Manchester High school Shajuan N. Mason Matoac~ ~gh School Heather Q~inle~ Monacan ~igh School 12 ~ristopher N. ~a~eliffe Ma~oaQa High School 11 Clifford ~. Robinson, Jr. Thomas Dale Eigh School 10 Jennifer O. Trout ~anchester High School achievements aB~ recognized members of their ~amily and Gregory, retiring members of the Youth Services Commission. on motion of the ~oard, the following resolution was adopted: WKE=REAS, The ~oard of Supervls~rs iecegai~es the need WFiEREAS, The Board of snDelvisors established the Youth WHEREAS, The Youth Servi~ms Co~ission r~li~s upon the ~alents, co~i~% and dedication of youth ~d adult citizens people; exceptional time, ener~, ~d spiri= to t~eir in~vidual accomplis~entS; a~d the accomplis~nts and co~i~nt of their yegg people; and she hm~ advocated steadily and effectively for recognition of N~, ~REFO~ BE IT ~SOLV~D, %hat the Chesterfield Count~ Board of supervisors hereby expr~s=~ its sincere yegg ~eoDle of chesterfield County. ~D, B~ IT F~TH~ ~sQLV~, that a copy of this thia reaotution be ~=rmunen~ly r6corded ~ong =h~ paper= of OB ~otion of the Board, th9 following resolution was adopted: positive, health~ ~outh develo~ent in Chesterfield 90-863 11/28/90 WHEREAS, The Youth Services Commission relies upon ~he talents, commitment, and dedication of youth and adult citizens to organire projects which address the needs of our young people; and WHEREAS, The Chesterfield community wishes to r~oogni~e the accomplishments and commitment of =heir young people; and WHEP~EAS, F~S. sarah Gregory has served for five years as a member of the Youth Services Commission and du~ing that ti~e she has oenslstently and e~fectively reached cut to individual youths, helped to sponsor progra~ and organizations which serve young people and advocated for an u~derstandtng of youth and community needs through this and other co~uni~y organizations. NOW, THEREFORE BE IT RESOL%q~D, that the chesterfield County ~oar~ of supervisors hereby expresses its sinoer~ gratitud~ and appreciation to Mrs. Sarah Gregory for her constant ¢~e and dedicated efforts on behalf of %he youn~ people of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy o~ this resolution be formally presented t~ Firs. Sarah Gregory and that ~his resolution be permanently recorded among the papers of the Che~te~£ield Coumty Board of Supervisors. Vote: Unanimous Hudson and Mrs. Sarah Sregory and co,ended thom for their County. ~s. Bennett further introduced Ms. Lynn Pettish and MS. Lillian Duffle, representing signst Bank; ~essrs. Jack Waters a~d Willis ~ope, representing The Optimist Club of James River Chesterfield; and Ms. ~ichelle Drehcff, representing Cloverleaf ~all Merchant~ A~so¢i~tio~, who wer~ present. On m~tiee o~ the Board, the following reseintle~ was adopted: W~E~EAS, The Beard ~ Supervisors recognizes the need for positlv~, healthy youth development in Chesterfield COUnty; and W~F~U~AS, The Board e~ Supervisors establish~ tAe Services Co~i~$io~ to ad~ooat~ for youth in our and ~EA8, The Youth Services Co~ion relies upon the talents, c~i~nt, and dedieatlon of individual citizens organizations withi~ our co~it~ =o organize a~d ~ponsor ~ER~S, Signet Ba~ at Genito Crossing ha= sponsored th~ consistently ~upported progr~s serving the youth in our c~unity~ and ~E~AS, ~e Optlmis= Ci~ of J~es River-Chesterfield ha~ coordinated and helped to ~pon~or the Youth Awards encourage positive, productive activities for our peo~l~; and ~EREAS, The Cloverleaf ~all ~rchan~s Association advocated for o~ youth through their endorsement and support of a Youth Health Fair. 90-864 1~/2~190 NOW, THEREFORE BE IT RESOLVED, that the chesterfield gratitude and appreciation to Signet Bank at Genito Crossing; The optimist club of Jam~ Eiv~r-Ohesterficl~; and ~hc Cloverleaf Mail Merchants Association for the strong position the2 have taken to encourage the young p~opl~ of chesterfield ¢o~ty and to make this co~unit~ a healthy enviro~ent for our ~outh. AND, BE IT FURTMER RHSO~VED, ~hat a copy of ~his r~$ol~tion be formally preseuted to a iepresentat~ve from each of there organizati0~ and that this resolution ~e permanently rc¢or~ ~nong the palm~r~ of the Chesterfield County Board of supervisors. and Ms. Duffle, Messrs. Waters and Pope and Ms. Drehoff and expressed appreciation for their organizations' interest, partioipation and contributions tO the yO~th of tAe County. P. EsTORATIONOFEPPIN~TON On motion of the Bcar~, the Board accepted a donation in the amount of $12,500 from ~ho Re,ail ~ercha~s Association of Gr~%~r Richmond to the Parks and Recreation DeDart/~ent toward the ruatorauion of Mppington Plante%ion an~ ~ollowing re~olution: WI~ER~AS, The Retail Merchants Association of Greater members, and h~s a long history an~ proud tradition of funding projoct~ i~ the Riohmon~ Metro area that enhancer the q~ality of life for all citizens; and W~A~, ~he Eppington ~lantation, a frequent visiting place of Thomas Jefferson, and an attractive architectural structure and significant historic building, is in restoration; and WHEREAS, Members of The Retail Merchants Association of Greater Richmond generously donate~ $12,500 ~oward uhe restoratio~ of Eppi~gton; WHEREAS, ~Ynis initial donation will allow work to begin on inventorying and cleaning EpDington for future Chesterfield ¢itizen~. NOW, T~tEREFOR~ B~ IT P~S0LV~D, that the County Board cf Supervisors do~s hereby recognize the m~mbers of The Re,ail Nercha~ts Association of Greater Richmond for its generoua donation toward aaaistanca in the restoration Eppington. VC~C: Unanimous Mr. Currin presented the ux=cuted resolution to Messrs. J~ff Smith and ~ill ~arkar and expxesscd appreciation for thci~ generous contribution toward the restoration of ~ppington Plantation. 11/28/9~ 7.D. NAMING Tm QI~D DA~A~ROCEHSII~G BUIL~...I_NG IN ~OR OF On mo~iun of ~he Soard, ~he following r~solution was ~E~AS, ~. J~e~ ~oma~ Ros~, Sr., CAE was th~ firs~ Assessor of Real ~state for Chesterfield County, being appointed by the Board of Supervisors, June, 1953 and servin~ unt&~ his r~tir~t in 197Q; and ~, Mr. Rose brought with h~ vast knowledge asse~sinq property in Virginia, having worked ~ten~iv~ly State Department o~ T~ation; and WHE~AS, Mr. Ro~e exe=ci~ed keen and astute leadership est~lishing the office and ~i~in~ th~ offic~ through a vulutile growth period, a period where the palcel co~t being managed incxeased from 14,500 parcels with a t~ base of $40.5 million to ~.7~0 parcels with a t~ base of $~3~.1 million; ~E~, Mr. Ros~ fostered honor and r~s~ect ~or professional recognition of great Drominenc~ ~on~ ~ellow asEessor~ bu they local or nationwide~ and pxofessional ~tatu~e and the furthering of education for a~sessors and was further recognized by the Intern=tional kn~ledge by conferring on him the ~rti~ied Evaluator designation, being the 124th in th~ ~ation and 2nd in the s=at~ to reoeive suoh honor; and ~E~AS, Mr. Rose was a dedicated D~lic servant in every respect and involved himself in many =ivi¢ a~ co~nity affairs until his death in May, 1987. NOW, THE~FO~ BE IT ~SOLVED, by the Chesterfield County proce~i~ building, in ~ome ~mali way, re~lect~ the renpect Cheste~fleld County accorded Mr. J~s ~omas Rose, Sr., CAE. Vote: an~ other me. ers of the f~ily who w~re pre~ent and stated ~. R~se was held in the h~ghest esteem. 7.E. ~O(~IZING DEC~/~ 1 - 9, 1990 AS "HUNGEI{ AWA~ESS WEEK" On motion of the Board, the following resolution was adopted: ~E~S. ~e Ric~ond k~m~ci~tion of Realtors Richfood are sponsorin~ the Chris.as CanTres Project, a co~ity food drive taking place during the week of spirited org~izatlons; and ~E~AS, ~e Chris.as CanTree is a s~olic 25-foot Chris.as tree located at Regency S~uare and consisting of ~E~AS, ~e goal of the chri~as CanTrem project is collect a total of 100,000 ponds of fo~ from concerned citizens to be distributed to the needy through th~ Central Virginia Poo~ank. 90-866 11/28/90 I NOW~ THEREFORE BE IT · RESOLVED, that the Chesterfield County Board of supervisors does hereby recogaise D~a~mbcr I - 9, ~990 as "Hunger Awareness Week" in the County of chesterfield, virginia, and eemmends all those associated with the Christmas CanTree Project for their commitment Xn the fight against hunger in the county of Chesterfield and the co~0~wealth of Virginia, and oall~ its significance to the attention ef all our citizens. Mr. Currin stated the executed zesel~tio~ would be presented at a cerameny in cenjunc=ion with ~he Richmoad Association of Realtors and Richfcud's Christmas CanTree Project. 8. ~EARINGS OF CITIT~S O~I ~I{S~n~n~-LED ~A'r~'~ OR CIJ%IMS zlaima. 9. D~K~RED ITemS 9.A. I~3~IC [tEARIN~ TO CGNS/L1)~ A~E~DING x~ FYgl ~UDGET TO APPROI~tIATE $47t275t000 IN ,.B~,..,~.RO~E~D~ I~4TE~EST; bo~d proceeds and i~t~r~t a~d adoptio~ of the bend authorization r~$01~tion~ ~d briefly ~utllned the proposal. Mr. Daniel r~estsd a spread sheet outlining in detail the e~unditur= of $42,190,000 for ~chool projects prior to any lion come fo~ard to e~lain and/or up,re the proposed Mr- George B~adle~ e~zessed conc~z~ t~t the School Board continues to mpend funds and not outline where those are occurring. He stated the Co~ty goverment is ins shortages ~nd 0u~aeks and he felt the School Buard should also ca,ack. There being ~0 f~rther public input~ the Board held further appropriation; the approval of ~ontracts to construct certain appropriation to the School Board ~or said proj~ot~ r~s~onsibili~y of the School ~oard and/or School SupHrintendent for such action; etc. ~essrs, Currln ~nd Sullivan explained that t~e Sckool Board prior to the approval after it had taken place; that the $~perintendent and his staff; indicated such action would not be tolerated ~ th~ Board of Supe~i~or~ i~ the future; and tha~ there was no satisfactury excuse for such actlun to have occurred withnut appropriate au~h0rization. Mr. Kayes he felt th~ r~po~ibility for ~aid action was that of School Board~ not the School Superintendent. Mr. Daniel stated he iel~ th~ Board of $~pgrvisor$ should have be~n made aware of the circ~sta~ces collectively ~d that such action should cease and would not ~ tolerated at ~y level seconded by Mr. ~yss, that the Board d~fer until later in the day to consider a reg~ast to amend %he FYPl County budge% 90 appropriate $4?,2?5,000 in bo~d proceeds and interest and adoption of the bond authorization resolutions, 9.B. CC~SIDERI~ESTTOKk'r~DWAT~E~%riCET0 ~. sale state~ ~. May~ h~s re~s~d the w~t~T line extension to the r~i~der ~ Glebe Point s~ivisio~ be reconsidered an~ briefly outline~ ~e re.est re~ardin~ which he noted was de~erred from the S~Dt~er 2~, 1990 meeting. D~scussion, ~estions and co~ents ensued relative to financing mechanisms ~or the Te~est to extend water service t0 thi~ ~rea: etc. several areas in the County which included ~unterm ~lebe Point, as well as other ~reas, the majority of which was ~ended in ~he ~atoaca District; etc. ~. Mayas rs~s~ud a bxeakdown of the list o~ Dxojects and previous discussions regarding a reduction in %h~ scope services fo= the ~h~sic Hill water tower fun~ing that oo~ld be ~. Sullivan s~ate~ th~s re~as~ involves a portion of ~l~be ~oinz that was not ~riginally included in the plan ~r. Applegate addressed and if this ex~e~dit~e were t0 be ~ende~ ~zom utility fundm, approval would ult~ately result in a ratepayer increase; re~eranced an artiol~ concerning households wi=hoot any ~lic ~acilities which h~ felt needed mor~ indepth attention, which he s~itted to the Board lot as h~ felt it would pla~e an u~nece~ary ~inancial burden on all County Mr. C~rln stated the Hoard ha~ adopted a new policy for addressing the ne~ds for public water and ~ewer an~ tha~ sai~ policy ~hould be followed. Mr. Mayes stated h~ ~el~ the z~sidents in this portion of Glebe Poi~ should be given e~it~le consideration for relie~ to their pxobl~s: and that hm mu~Dorte~ t~e pa~r. Mr. Daniel stated the Hoard ham D~licly ~ded water an4 sewer in ~he past under vRrio~ cir=~stances; stated he ham supported water for Glebe Point and ~till does, howmvmr, the Health Director has in~icated that s~id water does not present an i~dlate danger to health, safety and welfare concerns to area residents; state~ tha~ the Boar~ hRs adopted a which indicatmm that such re~emts mU~t be incorD0r~te~ ~nto a focalized CIP and that fundin~ then be ior site specific pzojeetm: he ielt that the matter ~hould be referred back t~ staff for continued review and ~hat they b:ing forwmrd f0~al reco~endations at the tame the CIP im developed in the spring; ~ef~rmnced a new~ item by ~VA regarding the new policy and ~ overall rate in=re,se Xt would czeate, which h~ felt was ~naccurate. da~erred consideIati0~ 0f th~ re.est to extend wa~er services ~O th~ remainder of Glebe Point S~divimion until the CIP has been prepared and have =he p/ojec= conzidered at that time. 00-868 Mr. Sullivan sta~ed he di~ not ~eel it aeuessary to de,er the matter as it would a~tomaticall¥ be included in the CIP and request be denied so that the project could be included in the CIP. Mr. Daniel stated he could not support a denial but Mr. Daniel amended his motion, seconded by Mr. Coffin, the supervisor~s policy for extensions to exis=ing subdivisions, with funding for extensions to existing subdivisions being pxessnted to the Board for consideration in the Utilities Vote: Unanimous suffering of those people in the a~fected area when ethers assistance at all. 9.C. SET DATE FOR PUBLIC ~APJ/~G TO CONSIDER '-'~ ABANIK~/~T OF APORTIONOFSAMBAR~OAD Mr. Sale explained staf~ is requesting re~cheduling of the ~li~ hearin~ date to oonsi~er the ab~do~nt of a ~rtion of S~ar Road based c~ citizens' concerns r~gar~g ~h~ proposed rezoning of properties at S~ar and Old courthouse On motion of Mr. Mayea, seconded by ~. ADDlegate, the Board adopted the following resolution: RESOLUTiO~ OF ~ CO~OF CHEST~tELD~S I~IO~ TQ CONSIDER A ~SOLUTION ~ O~EK TO ~AS, On ~pte~r 12, 1990, the Board of S~ar Road; and ~E~ On October 24, 1990~ a p~lic he,ring was to consider a Resolution and Order to a~andon said portion S~ar Road; and ~EREAS, Due =o p~lic co~ent, the Board d~erred conaideration until Nov~ez 28, 1990; and ~ER~S, It is ~n the best interest of the D~lic re~chedule ~he p~lic hea~ing and to post and ~lish noticss of the rescheduled meeting. THE~FORE, Pursuant to Section 33.1-151 of the C~ Chesterfield Co~ty Board of Supervisors kereby gives notic= ~hat a~ a r~lar m~ing to be h~ld on J~uar~ 9, 1991, it will consider a R~solution and Order to ~andon a portion A portion of S~ar Road, Route 2034, within of Portion o~ Section B, as mho~ on a plat 1977, a co~ of which is attached to this resolution. Aocordinqly, Th~ Cl~rk of ~he ~oar~ ~hall send a cody of this resolution to the Stat~ Transportation 9§-8~9 11/2g/90 thereof. The clerk shall ~urther cause to be published and posted the required notices of the Board's intention to abandon this portion of samba~ Read. Vote: Unanimous 10. P~BLICHEARINGB 10.A. TO CC~SIDERANORDINA~CETOA~DT~C~E OF 'Z'~LI~O~lr~,I~ OF~-rK~FIELD~..~978, A~ A~ND~D, BY A~DIN~ SRL=rlON 8-67 P~T-~TINGTOu~K'I~/PTCkTES OF REGISTRATIONFOR~ORT- 'rr~u~B~3SINEBBES Mr. Micas stated this date and time had been scheduled for a public hearing to consider an ordinance to amend the Code of the county of Chesterfield, 1978, as amende~, r~lati~g to certificates of registration fez short-berm businesses and b~iefly explained the proposed o~dinanoe. No one came forward to speak in favor of or against the proposed ordinanca. On motion of Mr. sullivan, seconded by Mr. Applegate, the Boaz~ adopted the following or~inanee~ AN ORDINANCE TO A%~TD ~'~ ~ OF ~R COI~T%r OF c~S~'~mu~Iw~-~, 1978, AS A~a~DED, BY A~NDING S~CTION 8-67 R~[.ATING TO CERTIFICATES OF REGISTRATION I~OR S~OR~TEI~ R~TAL B~SINESSES BE IT ORDAINED by the Board of Supervixora of Cheater- field County: (1} That tbs Code s~ the County o~ Chestelfield, 197~, as amended, is ~men~ed and reenacted to re~d as follows: Sec. 8-67. Certificat~ oi Registration. (a) Every person engaging in the short-te:m rental business shall annually ~ile an applioatien for a certificate of registration with the commissioner of revenue. Such application shall be fited no later than January 31 of each ysar. Th~ appllca~ioa ~hsll be o~ a ~orm prescribed by the ¢ommission~r of revenue an~ ~hall ~ forth the name under which th~ applicant in~ends to operate the rental business, the location and s~¢h other infor~0atlon a~ the commissioner o~ /evenue may ~equire. (b) An application must be signed by the owner er owners o~ the rental business. I~ the ~ental business is owned by an association, partnership or col~poratfon, the application must be signed by a member, partner, executive o~icer or other I~rnon ~p~cif~eally authorized by the association, partnership or corporation to si~n on its behalf. (c) upon approval of the applied=ion by the eommissi0ner of revenue, a certificate of registration shall b~ innu~d. The certificate shall be conspicuously displayed at all times a~ ~he place of business for which it is issued. (d) The certifiua~e iz not assignable and shall be valid of business designated, 11/28/90 10.B. TO CONSIDER AN ORDINANCE TO ~ '£~ CODE OF 'l'~ CO~TY OF C~z/~FT~-~, 1978r ~ ~, ~ ~X~DIIqG ~ I~AL-~'Le,IG 5KCT/Ce,1 12-3g ~ ~ C~ ~J'HI,~[C OFFICIALS FRDM '£mm PAYMENT OF BU-~INE-~.~ LICENSE TJu~.~ Mr. Micas Stated this date and time had been scheduled for a the county of chesterfield, t978, as amended, to exempt certain a~hletie officials from the pal~en% of business Mr. Daniel brieily explained the proposed ordinance, indicating, as d~afted, =he ordinance would only exempt individuals who earned $5,8~0 or less esch year and said ordinance would be e~Zective wiCh Che 1991 tax year. ~r. Mayes stated that it appeared business licenses should be classified if exemptions for certain individual~ were to be made and expressed concern that apprsval would set a D~eeedent, Mr. George Beadles voiced concern regarding the impact of the proposed ordinance and suggested that a new ordinance be drafted outlining stipulated business license criteria, those businesses to whom it would ~e applicable and that all else ~o~ld be considered e×empt. After ~urther di~c~io~, it was on ~otio~ of Mr. Sullivan, seconded bM Mr, D~iel, resolved that the following ordi~n~ ~I~, 1978, ~ ~, ~ ~ ~ ~IN~ ~ 12-39 ~ ~ ~N A~-~IC BE IT O~N~ by t~e Boa!d of Su~I~isor~ oi C~este~- field Co,tM: (1} T~a~ Section 12-~ of the C~e of the Co~y of Chesterfield, t978, us ~undud, is ~undud and ruunucted as Sec. 12-39. Enumerated~ amount of license tax. Every person engaged in one (1) or more of the following businesses shell pay a license tax squat to ten dollars ($10.001 for all gros$ receipts below five thousand dollars ($5,000.00) and thirty-six hundredths ef eno per eent~ of the gross receipts above ~ive thousand ~ollars ($5,~00.0~) for the businesses conducted by him as follows: (13) Every person engaged in the business of officiating aShlstic events for public or non-profit institu- tions shall be exempt from the duty to apply for a ~usin~ss license Or pay such license tax i~ =he gross receipts for such services does not exceed five thousand dollare ($5,000.00] during each taxable year. (2) This ordinance shall be effective for the 1991 tax year. Ayes: Mr. Currin, Mr. Sullivan, Mr. Applegate and Mr. Daniel. Abstention: Mr. Mayas. WAST~ANAG~ENTA~THOP~TY Mr. H~I s~a=ed this date and tim~ ha~ b~n a~vertised for a D~lie h~ring to consider a resolution crea~ing the Central Virginia Wast~ ~anag~m~n~ A~hority. Mr. ~eor~a B~adles statzd h~ ~e]t that i~ th~ County were ~o conside= paying persons serving on %his Board that a record- keeDin~ mechanism be im~lemente~ to track e~enses so the Count~ could b9 z~i~urs~d by =h~ Authority. On motion of ~. Sullivan, seconded by ~=. Applegate, the Board adoDted the followin~ resolution: ~AS, 27,000 tons of solid waste are generated in the C~onwe~lth of Virginia each day necessitating improved waste of citizens of the Co~onwealth; and, ~AS, the General AsK~Iy ~s impesed remitments upon each locality to develop plans by the year 1995 to locality; and, ~S, th~ Ric~ond~ri-Cities ~ea Solid Waste Task Force of the Ric~ond Regional ~d crater ~lanning Distriot Co~issions has researched th~ problem of solid wast~ manag~ent and disDosal in %h~ ~c~on~/Tri-Ci=i~z A~ea and has r~c~ended the fo~ation of a waste manag~ent authorlt~ to he kn~n a~ th~ Central Virginia Wast~ ~nagemen% Authority; and ~k~, the Board of Supe~isors of Chesterfield County ~dopted ~ re~olution on Septe~er 12, 199Q, e~ressin~ its Authority; and, ~S, a copy of this resolution together with a notice stating on this date ~d time a D~lic hearin~ would be held on this resolution was p~lishud on October 27, 1990 i~ the Ric~on~ News Lea~e: an~ 0=tobit 27, 1990 in th9 Progress Iad~x pursuaat to S~c. 15.1-1243, Code of Virginia, 1950, as NOW, ~E~FORE, BE IT ~SOL~, that the Board o~ Supervisors of Chesterfield Co~ty flndm ~t in the p~lic interest to join together with the Cities o~ ~c~ond, Petersburg, colonial Keights an~ HoDewell, the Counties of Charles Cit~, Goochla~d, Hanover, He~ico, New ~ent~ P~hat~. Prince George a~d ~he TO~ of Ashland to form a was=e management authorit~ p~nt to th~ Virginia Water ~d Sewer Authorit~Rm Act ~n a~cor~nc~ wi~h tho ~ollowia~ ~%icles of Incorporation. C~ ~GINIA ~ ~ A~ 1. The following political s~divisions hereb~ create an authorit~ Dur~nt to the Virginia Water and Sewer Auuhori=ies Act (Cha~ter 2~, Ti=le 15.1 of the Code of Virginiu (1950), as ~ended) (hereinafter the "Act") and are the incorporating political s~divisions of this authority: Charles City Cowry, Chesterfield County, Guochl~d Co~ty, Hanover County, Henrico County, N~w K~nt County, ~owhat~ Count~, Prince George County, City of Colonial ~eiqhts, City 90-872 11125190 ef Hepewell, City of Petersburg, City o~ Richmond and the ToWn of Ashland. 2. The name of the authority shall be the "Coat,al Virginia Wast~ Management Authority" (hereinafter the "Autho~ity"~ and the address of its initial, principal offius shall he 2104 West L~urnum Avenue, suite 2Ul, RiChmond, Virginia 23Z27. 3. The powers of the Au~horit~ shall bo exercised by a Board of Directors. In accordance with paragraph 8 o~ these articleS, the governing bod~ of each incorporatin~ pulltioal s~division shall ~ppoiDt at least one of its residents to the Board and mu~ appoint an alternate for each moa%bar. Each shall be entitled to vote in the absence of the alternators designated member. All ~ers a~d alternates appsin=a~ to su¢¢$ed the initial Board shall be a~pointud to the Authority~s Board for a term of a= l~ast one year. The governing body of each participating political subdivision shall determine the term ef office of its members and al~er~atss, which shall ~s £or a term of years not to ~xceed ~our years. AS directors of the Authe/ity's Board, members and alternates shall hold o££ice until their successors have been appointed. Members and alternates also may succeed themselves. 4. The names and addresses of the first members, the names of the appointing political subdivisions, and the dates of the Authorlty's initial B~ard, are as ~ollows: ~a~e and A~rPs~ Appointing Political ~oupiration Fred A. Darden ~t. l, Box 17~-~ Charles City, VA 23030 William H. Bow=ll 2101 Gatesh~ad Drive Richmond, VA 23235 Robert L. Doan 4105 Millwood Road Chester, VA ~3831 Stuart Pouliot 4030 Litchfield Drive Chesterfield, VA 23852 Gregory K. Wolfrey 518 Edgehill Wood Drive ~anakin-sabo~, VA virginia Curd Route 1, Box 495-A Mechanicsville~ VA $~sa~ Brenzovich 5894 Tangle Ridge Drive ~echanicsvill~, VA 23111 P. T. Rutledge, Jr. 9350 Walls Road Ric~ond, VA 23231 Charles City County Q2-01-92 County of Chesterfield 12-31-93 County of Chesterfield 12-31-93 Cou~%%y of Chesterfield 12-31-93 23103 County of Go~¢hland 12-31-95 County of Hanover 01-24-94 Co~ty of Hanover 06-30-94 County o~ Henrice 1~-31-93 90-873 11/28/90 William S. Dewhirst 2408 Ra~mond Drive Richmond, VA 23228 John L, Joyner 12200 Ceuntr~ Creek Way Glen Allen, VA 23060 Robert A. BoRoughs MCR-G1, Box 95 Barhamsville, VA 25011 Paul N. Adkins 257R Judes ~rry Road Powhatan, VA 23139 John G. Kine~, Jr. 10905 Appletree Lane Hopewell, VA 23860 Robert E. Taylor 4523 Berkshire Lane Colonial Heights, VA 23834 Clinton M. Strong 813 Smithfield Avenue Hop~well, VA 13960 Richard M. Brown 1605 Drury Road County of Menrico County of aeezico County of New Kent 12-31-9~ County of Pewhaten 12-31-91 county of Prince George 12-31-93 12-31-93 City of Colonial Heighae 12-31-93 City of ~opmwe]l 12-31-93 Petersburg, VA 23803 City Of Petersburg 12-31-93 Wetland W. Rennie, Sr. ~401 Wilmington Avenue Richmond, VA 23227 City of R/chmond 12-31-93 B~tty Byrn~ Ware 6317 Rid~eway Road Ri0bmond, VA 23226 City of Richmond t2-31-93 Charles ~. Williams, Jr. 3518 W. Weyburn Road Richmond, VA 23235 City of Richmond David W. Reynai 112 Five Oaks Lane Ashland, VA 2~005 Town of Ashland 12-31-93 5. The Autherlt¥'s ~urpesem are to pla~, construct, reconstruct, improve, extend, operat~r contract and maintain any qarbag~ and refus~ ~ollectlon, tr~s~er and ~inpo~al progr~ or ~ystem, including waste reduction, waste material recovery~ recycling as mandat~ by law or otherwise, resourse recovery, wast~ incineration~ lap,fill operation, ash management, sludge disposal from water and wastewater t~ea~ent facilities, household hazardous waste manag~ent and disposal and similar program or system, within one or more of the political s~divisions which are me,ers of ~cupt a~ oth~zwi~ ~iovided in the following sentence, the Authority mhall be an instr~entality exercisin~ public and essentia~ gover~unt=I ~unction~ tQ provid~ for public health and welfare and, accordingly, the Authority shall have all ~he authority and ail thos~ p~erm set ~rth the Act or am th~ Act may h~rea~ter be ~ended. U~le~ the Authozity~s me, ers unan~o=m~ vote 0rhenish, it shall not ~ an Authority purpose nor shell the Authority have ~y powe~ 90-874 11/28/90 provided, however, ~hat this limitation shall not be 4eemed to trsat~ent facilities. Furthsr, none of the powers ~ran~ed by this Act which serve substantially the same purposem and area. 7. At the end e£ ~ack of its fiscal years, the and recerds by an independent certified public accountant, to standards emtablished by the Auditor of Publi= Accounts, as r~ired D~ law, and a certified copy o~ same atoll be £iled within ~hree (3) months thereof with the Auditor of ~ublic Accounts and with the governing body of each of the partici- pating political subdivisions. $. k majority of m~mbers Of %h~ Authority ~hall constitute a quorum, and the vote of a majority 9f members shall be necessary for any aotio~ taken by th~ A%thozity, participatin~ pc!i~ioat subdivisions shall be enti~le~ to no %he n%~bex of members from each pa~ticipatin~ political count¥~ Gi~or~L~W~ ~ e~ 0 - ~0,00~ 1 50~001 - lOg,g00 2 lO0,OOi + 3 During the pre-incorporation period from Januar~ 1, 1990 ~hzough %he issuan=u uf ~he curtlfi¢=~e of by the State Corporation Commission, the Authority shall be fina~csd by the Richmon~ Regional Planning Dis%riot Commission and the Crater Planning District Commission. The a~oumt of the ~in~/%oin~ ~h~ll bs made availabl~ through s~e=ial per capita d~¢~ assessed by the respective Pla~i~g District Commissions on ~he ine0rporatin~ political subdivisions of Authority. Th~e funds shall b~ umed tO pay OO~tZ incurred Dy the respective Plannin~ District Commissions to organize and incorporate the Authority an~ to support activities of the Authorit~'s initial Board of Directors. 10. By the last day of Decenf0~r of the then current fiscal year, the Authority shall develop and adop~, by an affirmative vote of two-thirds {2/3) o~ the members, an ~nnual budgs= (the "annual budget") for the subsequent fi=eel y~ar. Th~ Authorit¥'s fiscal year shall be July 1 through June 30. The annual budget shall be developed and proposa~ by the Authority'a F~xecutive Director. The annual budget shall be comprised o~ a genurat oper=~ing ~und (~e "~eneral operating fu/%d") and of special project funds (the "special project fund"). The AUthority's ~osts for administrative and opera- ~ional activities, including advertisement, gene=al planning, education an~ the promotion of recycling and waste management, shail be paid from f~nd~ in the general operating fund. The general operating ~und for ~isoal year 1990-1991 shall funded by contributions ~rom ~hs participating jurisdictions at a rate of $0.50 per person per participating political ju=isdictien [the "general operating fund contribu- tion rate"~. The Authorit¥'~ Board may thereafter in,tease or d~orea~e the general o~erating fund contribution rate by an a~firmative .vote of three-fourths (3/4) Of the members. 90~87~ Ii the Certificate of Incorporation i~ issued by the State Corporation Co, lesion between January 1, t991, and June 30, 1991, the Authority shall adopt an annual budget for the fiscal year dn/ly 1, 1991 - June ~0, 1992, by June 3Q, 1991, the contributions tc which annual budget shall not eReee~ $8.50 per person per participating Dolitical subdivision. Populatio~ totals to dutermine both tbs number of Board members and tho ~snsral operating fund contribution rate ~hall be ba~ed ~pon either the most recent decennial ceneus or the m~st r~o~nt final population estimates from tho center for Pthblic Service, University of Virginia, whichever population total is more current. Any increase or decrease to the number o~ member~ on the Authority's Board allocated to a participa- ting political subdivision eaused bya population shan~e shall be effective sixty (60) days followLnq p~blication o~ the population estimates re~erenced here~n. 1t. The Authority from time to time may operate certain waste management projects (the "special projects") in one or mor~ of the participating political subdivisions. Each special project, including detailed planning~ advertisement and promotion thereof, shall be ~un~ed un a basis separate and apart from the Authorlty's general operating fund, ~xcept for general ~und overhea~ costs allocable to each mpecLal project. Each participating political jurisdiction may determine, in its sole discretion, whnther to participate in any special pioject. The foregoing notwithstanding, the Authority ~ay contribute general oDar~tinu funds to special projects upon an affirmative vote of two-thirds (2/3) of the An%hority's members~ provided, however, that when a spuciaI project becomes operative, any sums se contributed shall be zeimbureed to the general operating fund. No Darticlpating political j~ri~dic%ion shall impose or attempt to impose on the Authority any host community fee or payment in lieu of tax assessment rela~ing, to a specific ~roj~ot operated by tho Authority. 12. contributions to =he Authority's initial general 0pa%sting fund for the fiscal year 199~-1991 are as follows: Jurisdiction chazle~ City ~ountF Chester£ield Coug~y Goochland County Hanover County Henries County New Kent County Powhatan Cowry Prince George County City of Colonial Heights City of Hepewsll City e~ Petersburg City Df Richmond Town of Ashland Per Person 1987 Per Year PoDulatio~ /1990-1991) Tutal Costs 5,500 $ 0.5~ $ 3,250.~ 179,400 0.50 89,700.0Q 13,300 0.50 51,540 0.50 25,770.00 202,000 O.50 ~Ol,OOO.O0 10,600 0.50 5,300.00 13,~50 0.50 6,800.00 26,700 0.50 13,350.00 17,300 0.50 8,650.00 24,200 0.50 12,100.00 40,~00 0.50 20,450.00 2~5,200 0.50 107,600.0~ ~960 0.50 2,480,00 806,200 $403,100.00 13. Expenses ~rom the operating fund for the fiscal be as follows: Authority'a initial general yeaI 1990-1991 ~ze p=ojecte~ to 90-876 11/28/90 Aotivity Dir~¢~ Sal~rie~ Fringe Benefits A~CO%L~ti~g, legal and other consultants F~r~iture, RguiRment, Automobile $130~000.00 49,400.00 9,000.00 152,500.00 14,000.00 $403,100.00 The governing body O~ each incorporating political subdivision hereby finds that a preliminary estimate of capital costs, project proposals and project service rate date of iiling these Articles of Incorporation. 14. Political Stt~divi~ions may join or withdzaw from the Autherit~ in accordance with the regalirements of the Act. 15. The Board of Directors ma~ adopt ~tnd amend any and all bylaws, rules and regulations, not in con~lict with these Articles er the laws o~ the Commonwealth o~ Virginia, which 16. The Authority shall expire fifty (50) years from the dat~ of issuane~ of its Certificate of Incorporation, unless ~xtended ax provided by the Act. 17. These Articl~ may be amanda4 in the manner prescribed by the Act or by other applicable law, BE IT FURTH~2~ RESOLVED, that this resolution sh~lI take effect from the date of its adoption. BE IT F~3RTHER RESOLV]ED, that thc Boa~ si SUpervisors a~thorises and directs the county Administrator to necessar~ docu~=nts to im~lum=~t this resolution subject to a~p~oval of such documents as to form by ~he Coun~ Attorney. ~1- NEW BUSINESS 11.D. ll.B.1. CH~'.ul~ad~J'~r.~ CO~l~J~l-l'f SERVICES BOARD On motion of Mr. Mayer, seconded by Mr. Sullivaa, %he Board nominated Mr. Peter C. Ward, Midlc~hian District; Ers. Bett~ ~. ~v~rly, ~ermuda Die,tlc%; ~n~ M-rs. Patri¢ia Y. Bsrinski, Matoaoa District; for reaI~pointment to serve u three (3) year ~urm on th~ Co,unity Services ~oazd, whose ~urmal rea~point- m~nts will ba made on December 12, 1990. Vote: Unanimous ll.B.2. ~n~9'rm~Fl~r.D COUNTY AIRI~RT ADVISORY BOARD O~ ~otion Of M~. Ma~es, seconded by Mr. Sullivan, the Board suspended its rules to simultaneously nominate/appoint a r=presentutive for the Matoaca District to serve on the Chesterfield County Air~srt Advisory soard to fulfill the unexpired term of Mr. John ~azza, Sr. 90-877 11/28/90 On motion of Mr. ~ayes, seconded by Mr. Applegate, the ~oard simultaneously nomina=ed/aDDointed ~. John Mazza, Jr., represe~tiBg the ~toaca District, to serve on the Chester- ~ield County Airport Advlsor~; Board, whose term is effective immediately and ex~ires February 14, 1992. Vote: Unanimous. Mzt May~ nominate~ ~r. John Mazza~ Jr. to fulfill un~ired term of ~. John ~zza, Sr. There was no second. Mr. Sulliv~ stated he felt ~t ~p~rtant that there be more r~Dres~n~ati0~ ~ the Board of Supervisor~ on the Capital Region Airart co~ission and n~inat~ Mr, O. F. coffin, Jr. to fulfill the une~ire~ t~ 0f Mr. John Mazza, S=. Applegata seconded the motion. 0n motion of Mr. ~ulliv~, seconded by Mr. Apple~ate, the th~ Capital Region Al/port Co, lesion. Mr. Daniel s~gg~$t~d the rules be waived in order to simultane0u~ly n~inate/appoint a nominee t0 se~ on Board. Mr. ~yes stated he could mot support waiving th~ rules. Mr. Nicas indicated ~tated ~ai6 n~n~es would be vote~ upon in ~he order n~inated at th~ Dec,er 12, 1990 meeting. ll.C. CONSE]~T IT~hS STATE ROAD This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon him examination of Greenbriar Drive~ Extort Lane and Edentcn Place in Greenbriar, section 5 and a portion of Section 3 in Matoaca District. Upon consideration wheruof, a~d on ~otio~ of Nr. Applegate~ seconded by ~r. Sullivan, it is resolved tha= ~reenbriar Drive, ~xton Lane and Frlenton Place in Matoacu District, be and they hereby are established as public roads. And he it ~urther resolved, that the Virginia DeDartmsnt Transportation, b~ and it hereby ia r~qu~t~d to take into Becondary ~yst~m, Green]~riar Drive, beginn{ng at the inter- ~ection with Overbridge Drive, State Route 1199, and going northwesterl~ 0.06 mile to the intersection with Exton Lane, and continuing northwesterly 0.07 to the intersection with Edenton Place, and continuing northweeterl~ 0.~5 mile to end in a ~ea~ en~; Extort Lane, be~innia~ ~% %he intersection with Greenbriar Drive and going easterly ~.15 mite to end in a cul-de-sac, a~ain, Exton Lane, ~eginn/ng at the with Greer~briar D~ive and going westerly 8.0~ mile to end in a cul-de-sac: and Kdenton Place, beginning at the intersection cul-de-sac, again, Edenton Place, beginning at the inter- section with Greenbriar Drive and g0inq westerly 0.10 mile to end in a cul-de-sac. 90-87~ 11/28/90 distance and designated Virginia Department of Tr~nsp0rtati0n These roads serve 52 lots. And be it further re~olved, that the Board of Supervisors guarantees ~o the Virginia Department of Transportation a 50' right-of-way for these roads. These sections of Greenbrier are recorded as follows: Suction 5. Plat Book 62, Pages 65 & 66, August 16, 1988. section 3. Plat Book 20, Pages 67 & 6~, June 12, t973. This day the County Environmental Engineer, in accordance with dizeetion~ from this Board, made report in writing upon his examination of Five Springs Bead in Five springs, Phase ~I, Clover Hill District. Upon consideration whereof, a~d on motion of Mr. Applegate, au¢onded by Mr. Sullivan, i~ is resolved ~hat Five Sprin~s Road in Fiv~ Springs, Pha~e II, Clover ~itl District, be a~d it hereby is established as public a road. And be it further resolved, that the Virginia D~partment of Transportation, b~ and it hereby is reques~e~ to tek~ in=o the secondary System, Five springs Road, beginning at existing Five Springs Road, ~ta~e Route 2937, and going northeasterly 0.02 mile to the intersection with itself~ then continuing northeasterly 0.01 mile, then turning and going northerly mile, then turning and going northwesterly 0.01 mile, then turning and going southwesterly 0.01 mile, then turning and WPI~REAS, The Virginia Department of Transportation (VDOT) has developed a design for the widening of CoUrthou~ Roud between Route 360 and Powhite Parkway. ~OW, 57HEREFOttE BE IT RESOLVED, that the Che~te~iel~ County Board of Supervisors supports VDOT'e plans to widen Courthouse Road. BE IT FURTHER RESOLVED, that the Board urges VDOT to proceed with the widening as quickly as possible. AND BEST MANA~T PRACTTCE FACiLITIES DEVELOP~T~R~OWNAS "B~£~RADE PLANTATION On motion of ~. Apptegate, second=d b~ ~. sulliv~, the ~uard authorized ~he County A~inia~ratur to execute an and Best Mana~emen= Practice Facilltiea with the developer of "Bellgrade Plantation", with t~ County's only involve~9~ bein~ to assure %hat the maintenance agre~ent is being with the papers of this Board.) 11.C.3. TRANS=~ OF lZ~NDS FOR CO~$T~U~TION OF F~CING AT B~R~-J~HEI~TARYSC~OOL On motion cf Mr. Applegate, seconded by Mr. Sullivan, the 11/28/90 Board transferred $1,600 from the Dale District Tbmee Cent Road Fund to the Parks and Recreation Department's Beulah Elementary School Project account for the installation of approximately 130 feet of seourity fencing along the school property line adjacent to BoDkins Road for the pro~ection of the school children playing in the area, Vote: Unanimous 11.C.4. AWARD OF' C(INT~ACT TO LOW BIDD~I~ FOR i~E~OVATION WORK IN VACATKu COURT~ ~ On ~otien of Mr. Applegate, seconded by Mr. Sullivan, the Board awarded a coRt~ae~ ko J~mcs Fox and Sons, Inc., in the amount ef $353,7SO.Q0, for the demolition, renovation and CORStXuc~ion of a new public meeting room in the 1967 portion of the old Courts area, which room will b~ u~ed by the Board of Supervisors, Plarmin~ Cemisslon, Board cf Zoning Appeals and other public boards and commissions; and authoxlze~ the Count~ Adm/nistrator to e~eoute the neoessary docUments ~or said contract. Vote: Unan~moun 11.C.5. RESOLL"I~ON SL~PPORTIN~] COURTHOUSE ~ WID~INS F~O~ ~OUTE 360 TO~TEpi%~KWAY On motion e~ Mr. Applegate, sesond~d by Mr. Sullivan, the Board adopted the following resolutionz ~AS, Courthous~ Road is a major nexth-se%th arterial in the County; and WHEREAS, 5~he volume of traffic utilizing Courthouse Road can no le~ger bo ac¢omm~ated in a safe and effioient manner; and WEERBAS, The widening of Courthouse Read ~E~, ~e Virginia Depar~ent of Tra~s~rtation (~] has d~velop~d a dexign for the wide~iBg o~ Courthouse Ro~ ~tween Rou~e 360 and Powhite Parkway. N~, ~FO~ BE IT RESOLED, tha= the Chesterfield Count~ Board of Supervisors supports ~OT's plans to widen Courthouse Road. BE IT FURTH~ RESOLVED, that tho Board ur~s ~OT to pzooeed with %he widening as ~ickly as possible. Vote~ Unanimous 11.C.6. I~I/R~TS FOR BIN~O/RAFFI~I~IT$ On motion of Mr- Applegate, seconded by Mr. Sullivan, the Board approved requests for bingo/~a~le permits for the ~ollowing organizations fox the calendar y~ar ~anchu~t=r-Ric~und L~e ~699 Monacan Athletic Boo~ter~ Foreign wars of U.S. Bingo/Raffle 1991 Providence ~uilters Raffle 1990 90-880 11/28/90 RATIFICATION OF AI~IEI, IDNEII~S '1'0 ~ BY-LA~ OF GREA'£r~RICHMONDTRANSITCOS~A~Y On motion of Mr. ~pple~at~, seconded by Mr. ~llivan, the Board ratified a~tion of the Greater Ric~ond Transit C~pany ~oard of Directors to ~end the GRTC By-Laws~ pursuant Article IX~ Section 1, third Tuesday to the third Wednesday of every ~o~$h~ ~d Change the annual meetin9 of the GRTC Boar~ from the second ~onday of October to the third Wednesday of October. (It is noted a copy of said amendments are papers Of this Board.) filed with ll.D.l.a. A POKTION OF C-~TE~FI~r~ AVEbVJE On motion u~ N~. ~ayes, sacon~m~ by ~r. Apple~ate, the Board directed staff to proceed with contacting residents/businesses Avenue in the Villag~ of ~ttrick to determine an appropriate name for same. Vote= Unanimous B~RY WOODS SUBDIVISIONS On motion of Mr. Applegate, seconded by Mr. Sullivan, the B~a~d directed staff to change the nam~ of ~ighberr~ Woo~$ Lane to ~eadnw chase Lane, which road is approximately 300 feet in length and is a connecting mtreet between ~ighbe~ry Wo~s and ~ea~ow Chaae Subdlvizlon~. Iii is noted staff has received a copy of a letter £rom the ~evelo~er confirming that he agro~ with the nam~ change as r~qu~t~d by the builder~ and a copy o~ the subdivlslo~ pl~t is filed with thu papers of this Board.) i1.D.2. ~T~ut~'i' LI~T~UE~T On motion of Mr. Curria, seconded by ~r. Applegate, the Board a~rove~ obtaining a cost estimate for %h~ i~tallation of a street light at the =ul-de-sa= of Richmond Street, Bgrmu~a District. 90-881 ll.R.1. APPROVAY, OF WA~'rJ~Fa'r~a CCiFI'R~CT FI)I{. RI'V]~~':: B~ID STATION Os'r~ALL 5l~qli~ AND i~3RCE MAIN FRC~ RI%~'S BEND - SECTION 6 'i"0 ~or,.~ 295 Mr. Currin disclosed to the Beard ~ha~ he i~ part owner e~ the subject p~operty, d~clared a conflict of interest pursuant to tko Virginia Comprehensive Conflict of Interest Act and excused himself from the meeting. On motion of ~Lr. Applegate, seconded by ~r. Daniel, the Board 90~0486, River's Bend ~hnnp ~tation Out£ait Sewer Force Main from River's Bend - Section 6 to Route 295~ Contractor: Castle Equipment Company Contract Amount: ~sti~at~d Total - $402,126.94 Wa~=ewauor (C~ersizing) $ 9,527.~2 (Refund thru connections) Estimated Developer Cos~: $]~2,$99.42 ll.E.2. CC~SE~T I~ 11.E.2.a. ~0DIFICATIC~ TO '~'~ SCOPE OF ~GINERRING $~Sr/CES TO PROVIDED ITl R. STUART ROI,~ER & ASSOC~ FC~ 'r~u~ P]~0C'I'OR~$ ~ WA~fI'EWATER ~ PLANT El[PAl, fSI.ON On motion of Mr. Applegate, seconded by Mr. sullivan, the Board approv$~ ~o~i~ioation to the scope o~ engineering services to be provided by ~. Stuart Rcyer & A~soeiates ~or the ~rootor's Creek Wastewater Treatment Plant ExPansio~ Project and authorized the County Administrator to e~ecute the ~eoessary documents, (It is no,ed funding is provided in Capital Impro¥cment Budget.) Vote: ll.~.t.~. ACCF~TANCE OF pA~X~RT~ OF LAND ll.R.2.b.1. ALON~ OD BE~]DA ~ ROAD ~ B~t~DFO~D RgC~., ~C. 0n motion of Mr. Applegate, seconded by Mr. Sullivan, the Beard accepted on behalf of the County the conve~anc~ of a 0.14 acre parcel of la~d along 01d Bermuda Hundred Road ~rom Bradford Bros., Inc., A North Carolina Corporation, and authorized %he County Administrator to execute t~e necessary deed. (A copy of said plat is filed with the papers of thi~ Bcar~.) Vote: Unanimous On motion cf Mr. ApDleg&te, seconded by Mr. Sullivan, the Board accepted on behalf of the County thc conveyance cf a 8.073 acre parcel of land along ~ull Street Road f~o~ ~r. 11/2s/9o Robert A. Corhner and Ms. Mar~ Bradley Conner, and autherized the County Administrator to execute the necessary ~eed, (A copy o~ said plat is filed with the paDsra of this Board.) I1.E-2-b.3- A~ON~ ~3LL STP3~T ROAD F~0M NR. A~ ~. ~%ROLD F. On motion of Mr. A~pl~pat~, seconded by NY. SullivaA, the 0.023 acre parcel of land along ~ull Street Road from authorized the County Administrator to execute the necessar~ deed. IA copy of said plat is filed with the papers of this 11.E.Z.b.4- ALONG ~u~.n S~tKET ROAD FR0~ BP~D~Ey I~TME~TS, On motion of FLr. A~plegate, seconded by Wt. Sullivan, the Board accepted on ~eha~f of ~hu county %he conveyance of a 1.059 acre parcel of land along Hull Street Road ~rom Bradley Inve~=ments L~., A Maryland Co~poratio~, aad authorized the C~unty Administrator to execute the necessary deed. (A espy Vote: 'Unanimous ll,E.2.co RF~UEST FOR ~ERMISSION TO ~CT A DRIV~AY WITH- tN A~ ~xr~TI~G 2~ FOOT F~GHT-O~-WAY ~OW~ A~ ~tl~K- On motion of 555. Applegate, seconded by 5Lt. Daniel, the Board denied a request from Nr. Barney MoLaughlin for permission to construct a driveway to ~i~ ~o~e At 303 E~O~ C~rch Road within an existin~ 25 foot unimproved right-of-way known a~ Riverview' Road, in Cameron Farm~ Subdivision, a~ Mr. McLaughlin has ne recorded access to Enen Church Road from the termination of the propose~ driveway, and construction of ~he driveway may cause the use o9 an existing private driveway by th~ public. water and sewer contracts executed by the County ~r. Ramsey presented the Board with a status repor~ on the ~eneral Fund Contingency Aoceunt, General Fund Balance, 9. DBFE~ED ITEMS (continued) 9.A. ~JBLIC HEARING TO CONSIDE~ A~DING '£~ FYgl COUNTY F4DGETTOAPPROi~RIATE $47rZ75rO00 IN BO~DPHOC~AND MT. R~ey s~itt~d copies of the ~inancial data p~rtaining to the ~A2,190,000 appropriation fo~ achool projuctu re~ested ~ Mr. Daniel earlie~ in the meeting, copies of which ar~ ~il~ with the papars of this Board. Mr. Danial clarified his understanding of the data presented to h~ and indicated he wished the minutes to re~lec= that o~ the $~,190,000.00 appropriation for th~ schools that th~ intention is =hat said ~oun~s be expended as follows~ $24.8 million for the new Manchester High School; $1L.5 million for specified air conditioning projects at Bon Air, Chalkley, Grange ~all, ~arrowgate, ~ening ~d Watkins El~entary Sohools; and $5.9 million to pay ~or miscellaneous that are already well under oonstruction such a~ Bailey Bridge Nanchester, Matoa~a, ~eadowbrook ~d Thomas Dale High Schools, with the balance of thc projects to b~ completed at = later that was correct. 0n motion of Mr. ~ullivan, seconded by ~. Daniel, the Board appropriated $47,275,000, with $42,190,000 for School projectS; $4,93~,000 for County projects; an4 ~150,00~ in bond ~aauance a~end~tures and adopted the following resolution, Supervisors fo~ard to the C~i~an of the ~chool Board a lett=r o~flcially notifying them o~ this Bo=rd's streng protust of th~ manner in which this issue was ~ndled and ~his Boar~ will not tulurat= this t~u a=tio~ in %he futur~: C~x~I~, VIRG~A, ~R C~IT~ S~L ~~ ~CIPA~ N~S ~ ~I~P~ION OF ~ ISSU~CE ~Z IT ~SOLV~ BY =~ ~ OF SUPERVISORS OF THE CO~ OF CHES~IELD, VIRGINIA: SECTION 1. Findinqs and Dete~inationa. Pursuan~ =o Chap%er 5 of Title 15.1 of =he Code o~ Virqinia, 1950 (the s~e being the ~!i¢ Finance Aot~, an el~otion d~ly called ~d held under the P~lic Finance Act in the Count~ chesterfield, Virginia [the "county"), on ~ove~er 8, 1988 and an Order of the Circuit Court of the Co~ty dated Dec--ar general obligation ~onds in %h~ m~im~ ~o~% of one h~dr~d thirty-~ive m~ll~on nine hundred thousand dollars ($I35,900,000) fOX capital ~chool imp~ovemant~ p~o~ct~ in the Couoty, including the acquisition of miter for fut~e school construct~on. (b) ~suant to Se=tion 1~.!-1~] of the Finance Act, the School Board of the Co~ty on Dece~er 13, 1988 adopted a resolution recessing ~he Boar~ of ~uDeivisors one h~dred thirty- five million n~ne hundred thous~d ($135,900,000~ ~or capital school improvumunt projeots in the afor~entioned election held on Wove~er 8, 1988. (c) The Board cf Supervisors deems it advisable and in the best i~herests of ~he County tu authorize and provide twenty-sight million two hundred thirteen thousand ~ellars {$28,213,Q00) aggregate principal amount of general obligation bonds authorized for issuance by the voters of the County at November 8, 1988. The proceeds of sale of such general obligation bonds shall be applied to finance the coats cf capital improvement projects of a~d £or the County. The general oblige=ion bonds authorized for issuance hsreby shall be in addition to the general obligation bonds ~or capital school impr~vsmsnt projects authorized for is~ua/%oe but unissued pursuant to the resolution adopted by the Board of supervisors on October 11, 1989, SECTION 2. Authorization of Bonds. For the purpose in the County, as authorized by the voters of the County at the election held in the Coumty on ~ovember 8, 1988, there are hereby authorized to be issued, sold and delivered an issue of twenty-eight million two hundred thirteen thousand dollars ($28,213,000) principal amount cf general obligation bonds of the County to be designated and known as "Bublic Improvement Bonds" (hereinafter referred to as the "Bonds"). ~e shall be i~sued and sold in t~eir entirety at cna time, or Erom time to time in part in serieg~ as ~hall b~ determlaed by the County Administrator of the County. The Bonds may be sold at the same tame as other general obligation bondm are sold by the County. The Bonds shall bear interest at such rate or rates per annum as shall be specified in the bid accepte~ by subsequent r~solution of the Board of supervisors for the purchase of the BoRds of such series, if any bid therefor be accepted. The County Administrator is authorized to determine, in accordance with and subject to the provisions of this ruaolution: whether the Bonds of any series shall be in denominations of the Bonds; the method of n%k~bering the Bonds; thereof; the recor~ dates for the payment of interest thereon; the maturity dates thereof; the amount cf principal maturing on each maturity date~ the place or place~ of payment thereof and the paying agent sr paying agents therefor: the place or pl~es o~ registration, ezch~nge or transfer ~nd the registrar therefor; slid whether or not the Bonds shall be subject to redemption prior to their stated maturity Or mat~ities and if subject ~o such redemption, the premium, if any, payable upon such redemption and the respective p~riods in which such premiums are payable. SECTION 3. Appointment of Registrar; ~a~ent Bondz; Books of Registr¥~ Exchanges and Trana~ra of Bondz. (s) Appoiatment c~ Registrar. S~bject to the approval of the ~o~rd of Supervisors by subsequent resolution adopted on the date o~ sale o~ the Bonds, the Administrator is here~y authorized to select, for each aeries of Bonds, the registrar ~or the Bonds of such (hereinafter referr~ tO aS the "Regimtrar"), which Registrar may be the County Treasurer. (b] Pa~f~ent 0i Bonds. (i) At any time during which the Bonds of any series shall hu in fully registered form, the inter~st on the Bonds of such series shall be payable b~ check or draf~ mailed by tbs Registrar to the registsred owners of the Bonds of s~ch series at ~heir addresses aa the same a~pear on the books of registry as of the r~¢ord date for the payment of in%erect on the Bonds of such series, and the ~rinciDal of and premium, if any, on Bonds shall be parable at ~he principal office of the Registrar. [ii) At any time during which the Bonds of series shall be in book-entry farm, the principal of and premium, if any, and interest on the Bomds of such series shall be payable in accordance with the arrangements made with (iii) ~he principal of and premium, if any, and interest on the Bonds ~hall be payable in such coin or currency of the United states of America as at the respective dates o~ palnnent is legal tender for public and private debts. (c) Books of Registry; Exch~nge~ and Transfers of Bonds. (i) At all time~ during which anF Bond remains outstanding and unpaid, the Registrar shall keep or cause be kept at its principal office, booke of regintry for the registration, exchange a~d transfer of the Bonds. Upon presentation at the principal of Cice of the Regietr~Lr for much purpose, the Registrar, under such reasonable r~gulaticns as it ma~ prescribe, shall register, exchange, transtar, or cause to be registered, exchanged o~ transferred, on the books of registry the Bonds as herein se% forth; p~evided, however, that the Registrar shall not be required =o de so with respect %o any Bond after the close of business on the forty-fifth 145th) day next preceding any date fixed for the redemption of (ii] Any Bond ma~ be exchanged at the principal office of the Registrar for a like aggregate principal amount of Bonds in other authorised prinsipal amounts of ~he interest rate and maturity. [iii) Any Bond may, in accordance with its terms, be tranmferred upon the books of registry b~ the person in whose name it is r~gistered, in person or b~ hi~ duly authorized duly executed by the registere~ owner in person or his duly authorized agent, in form satisfactory to the Registrar. {iv) All transfers or exchanges p~rmu~nt to this Section 3(c) shall be made without erpenee te the registered except that the Regixtrar shall require palrment by the rsgimtered ~wner o~ the Bond ~e~uesting such transfer or (v~ All Bonds surrendered pursuant to this Section SECT!O~ 4. Redemp%io~ of (a) Provisions for Redemption. Subject to the approval of the Board of Supervisors by subsequent resolution adopted on the date of sale of the Bends, the County redemption of the Bonds. (b) Notice o~ Redemption. Notice of any such redemption shall be mailed not less than thirty (30) days prior to the date fixed ~or redemp=icn by ~irst class mail, postage prepaid, to the registered owner of the Bonds to be numbers and maturities of the Bends to he redeemed, the date and place fixed for thai= redemption and the premium, if any, paTable upon such redemption, and if less than the entire principal amount of any Bond is to be redeemed, that such Bond must be snrrendered in exchange for the principal amount m equalling in principal amount that portion of the principal amount thereof not redeemed~ and shall also state that upon payable upon each Bond called for redemption the principal amount to be redeemed together with the applicable redemption premium, if anyr and the interest accrued on such principal amoul/t to the date fixed for redemption, and that from and after such date interest on such principal amount shall cease (el Effect of Redemption. When notice of redemption of any Bond shall have been given as herelnak~ve act forth~ ~ueh BOnd (or the principal a~ount thereof to be redeemed) shall be~om~ due and payabls on the redemption date specified in much not,ce at a price equal to the principal a~eu~t ~hereof and redemption premium, if any, thereon, together with the interest accrued on such Bond (or on the Whomever payment of much iede~ptio~ price shall have be~n made or provided for, intmrmmt on the Bond (er on the principal a~ou~t thereof to he redeemed) so called for redemption shall cease to accrue from and after the date so speeilied ~or redemption, cancelled and not reissued. SECTIO~ 5. Execution and Authentication of Bond~ CUSIP (a) Execution of Bonds. The Bonds shall be exse~ted in thz n~me of the Country b~ the man~l or facs~nile signature of the Chairman uf ~he ~card of Supervisors, and the corporate ~eal o! the Dear4 o~ ~upervisor~ ~hall be impress~, or a facsimile thereof printed, on the Bends, attested by the manual or facsimile mignatu~e of the Clerk of the Board of supervisors, neither Of which signatur~ is required to be manual. (b) Authentication of Bonds. The County Administrator shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and u~til th= certificate of a~thenti¢~tion u~dorued on ouch Bond ehall have been m~nually executed by an authorized signator of the Registrar. Upon the authentication of any Bond, the Registrar shall insert in the certificate of authentication the date as of which such Bond is authenticated as follows: (i) il t~e Bond is authenticated Drier to the firs= interes~ payment date, tho certificate shall he da~e~ as of the date the Bonds are delivered to and paid for by the initial purchasers thereoi~ [ii~ ii the Dead is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if the Bond is authenticatmd on or after the record date for the pe!~ment of interest on the Bonde and prior to such interest parakeet the certificate ~hall be dated as of s~ch interest payment date~ and (iv) in all other i~s~ansus, the certificate shall ~e dated the date upon which the Bond is authenticated. The u~uou~ien and authentication of ~he ~onds in ~he manaer above set forth is adopted as a due and sufficient authentication of the (c) CUSIP Identification Num~mre. CUSIP i~entifi- cation num~ers may be printed on the Bonds, but neither the failure to print any such number on any Bonds, nor any error or omission with r~spect thereto, shall constitute cause for ~ailure or refusal b~ the successful bidder for the Bonds to accept delivery of and pay for the Bonds in accordance with the terms of its proposal to purchase the Bonde. NO ouch or a part of the contract evidenced thereby and no liability 90-887 11/28/90 shall attach to the County or any of its officers or agents thereof. SECTION 6. Tax Covenant. The County covenants and 141-150 of the Inter,al Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of th~ $~CTION 7. Sources of ~ayment of Rond~. q~ne full faith and credit of the CountW shall be and is hereby i~revocably pledged to the pu-~ctual payment o~ th~ principal of a~d interest o~ the Bo~s a~ the ~ame become due. There shall be levied and collected annually, at the same time and in the same manner as other taxes are assessed, levied and ~elleoted, ad valorem taxe~ without limitation as to rate or amount, sufficient to provide for the payment of the principal of and interes~ on the Bonds as the same respectively become due and pawable. SECTION 8. Form of substantially the ~orm set ~erth k~lcw with ~uch ~ecessary er appropriate variations, omimmionm and insertions as are incidental to their numbers, interest rates as are otherwise permitte~ or required by law or resolution: UNITED STATUES OF AF~ERICA C0MM0~EALTH OF VIRGINIA COUN%~/ OF CHESTERFIELD PUBLIC iMPROVE~T BOND SERIES OF No. R- INTEREST RA~E: MA~3RITY DATE: ORISINAL ISSUE DATE: RR~IRTERF~OWNER: REGISTERED The County of Chesterfield (hereinafter ~e~erred =o s~ the "County"), a political subdivision o~ the Commonwealth of virginia, for value received, hereby promises to pay to the Registered Owner (name~ ~v~}, or regiKt~r~d a~mlgns, on the Maturity Date (~pec~fied abeve), unless this Bond shall have r~demptien price shall have been duly made or provided for, the ~ri~¢ipal Amount (sDeclfied above], and to pay interest on ~uch Principal Amount on 19 and semiannuall~ hereof or from the imterest payment date next precedinq the date of authenti~atien hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which name ~rom such interest ~a!rment date if interest has b~en paid to such ~ate, or unle~ such date of authentication is within the period from [insert appropriate lan~uaqe depending on whether interest ~ayment date is first er fifteenth day of calendar month] to ~uoh interest payment date, in which case from such interest pa!~ment ~ate if interest has been paid to such date, until the payment of such Principal Amount [each such date is hereinafter referred to a~ an interest payment dat~) at the Interest Rate (specified above) ~er annum, by check er ~ra~: mailed by the Registrar hereinafter mentioned to the Registered Owner hereof at his address as it appears on the book~ of registry kept ~f the 90-888 11/28/90 Registrar, at the close of business on [insert appropriate language depending on whether inter,st palrmant date is first ~ne principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of in the __ of , (the "Registrar"). The principal of and premium, if any, and interest on this Bond are payabla in such coin or da~e~ of payment is legal tender for p~li~ and priva%~ debts. (herein referred tO a8 the "Bond~") o~ the aggregate principal Dollars ($ .) of like date and tenor herewith~ except for number, ~enominatien, i~texest rate, maturity and redemption provisions, and i~ i~sued for thc purpose of financing the costs of various oapit~l improvem~nt ~roj~¢t$ in amd for the County, under and pursuant to and in full compliance with the Constitution and statute~ o~ the Commonwealth of virginia, including Chapter 5 of Title 15~1 of t~e Code of v~rginia, 1950 (the same being t~he Pu~li~ Finance Act), a_u election ~uly held in the County under such Chapter 5 on Mercier 8, 1988, and resolutions duly adopted by the Board of Sup~rvis0rs of the C~unt~ under such Chapter 5 on and ~ject to redemption prior to their stated mat~itiem. The portions thereof in installments of $5,000) makuri~g On and option of t~e County prior to their stated maturities on or after , in whol~ at any tim~, or in par~ ~Iom ~i~e ~o t~ on any interest pa~ent date in much order aa may bc =11 of the BO~d$ O~ a mat~ity are called ~or red~ption, the pazticular Bon~ or portions thereo~ to be rede~d s~ll ~ foll~ing red~ptiun priOe~ (expressed as a percentage of the ~rinciDal ~o~ of Bonds to be .redeemed), together wi~h the interest accrued on ~uch principal ~o~t to the date fixed Redemption Dates · Red~ion ~:ic~ % Ii this Bo~d cz any portion of the principal a~ount hereof shall bs called for redemption, notice of the redemption ~ereof, specifying the d~te, number and maturit~of this Bond, the date and place or places fixed for it~ redemption, the premium, if any, payable upo~ such r~dsmpti0n, and if less than the entire principal amount of this Bond is tn be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to bu reduumed and the issuance of a new Bcn~ equalling in principal amount that portion of the principal amount hereof not reduumud, shall be mailed not less th~n thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the Registered Owner of this men~ at his ad4resa as it appear= on the book~ of r~istry kept by the Registrar. If notice of redemption of this Bond shall have been given as aforesaid, and payment o~ the principal ~mount of thi~ Bond (or the portion of the principal amount hereo~ t~ be redeemed) and o~ the accrued interest and premium, if amy, payable upon much redemption shall have been duly made or provided for, interest hereon (or on th~ purtio~ o£ the principal amou/lt hereof to be 11/28/90 redeemed) shall cease from and after the date so specified redemption. Subject to the limitations an~ uDon paymen~ of the ehar~e~, if a~y, provided in the proceedings authorizing the Bonds of the series cf which this Bend is one, this Bend may be exchanged at the principal office of the Registrar for a which this Bond is one, of other authorized principal o~ the same interest rate and msturity. This Bond is his attorney dul~ authorized in writing, at the principal o~ice of the Registrar but only in th~ manner, subject to limitations and upon payment of the oharges, if any, provided in the proceedings authorizing the Bends of the ~ries cf which this Bond is one, and upon the surrender h~roof for cancellation. Upon such transfer, a new Bond or Bonds of the series of which this Bond is one, of authorized denominations and of th~ same aggregate principal amount, will be issued to the trunsf~ree iH exchange herefor. Notwithstanding the foregoing, the Registrar shall not be required to exchang~ or transfer this Bond later than the clos~ of b~sine~n on the forty-f~fth (45th) ~ay nex~ preceding any da~e fixed for the r~dempt~on of this Bond or any portion hereof. The full faith and credit of the County are hereh~ irrevocably pledged to thn payment of the principal of and intereN~ e~ ~hiN ~ond aN th~ ~a~o b~om~ due. This Bond shall not be valid ur obligatory unless the certificate of authentication h~reon ~hall have been manually signed by an authorized signator of thc It is hereby certified, recited and dectare~ that ail acts, oo~ditioDs ~d things requ/red to have happened, to exist and to have been performed precedent to and in the issuance of thin 'Bond and ~he series of which it is one, do exist, have happened and have been performed in re~ular and due ~ime, fexT~ and manner as requlre4 b~ law, and that this Bond and the Bonds of the series of which thi~ Bond is one do not sxoee~ a~y constitutional or Ntatuto~ limitation of IN WITNESS WHEP~EOF, the County~ by its Board of Supervisors, h~s Gaue~ this Bond to be executed by ~he manual or facslmile signature of the Chairman of s~eh Board; a facsimile of the corporate ~aal o~ such Board ~e t~ imprinUed hereon, attested by the manual or facsimile signature of the Clerk of such Board~ and this Bond he be date~ as of , 19__. [S~AL3 Attest: Clerk of the Board of Supervisors chairman of the Beard of Supervisors CERtIFICATE OF Au-x=u=%TICATI(X~ This Bond is eno uf the Bonds delivered pursuant to the within-mentioned 90-890 ], Registrar Authorized $ignator 11/28/90 Date Of ~th~nticaticn: ASSI~a~T FOr value ~eceived, the undersigned hereby assign(s) and transfer(s) ~ip code, cf transferee) PLEASE INSERT SOCIAL SECURITY OF TPJ~NSFEREE: the within Bond and alt ri~ht~ thereunder, and irr6vocably constitutes and a~o£nts attorney, to tnansfer s~ch Bond on the book~ kept for registration thereof, with full power si substitution in the pr~mises. NOTICE: Signature(s) must be The New York Stock Exchanqe, Inc. or a com~ercial bank or trust company. {$i~nature(~) of Reui~%e~ed Owner) NOTICe: The ~ignature(~) above must currespun~ wi~h the name o~ the Registered Owner as it aDDears on th~ front cf this Bond in every particular, without altera- tion Or enlargement or any ohan~e whatsoever. $~CTION 9. Sale of Bonds. The County Administrator is he~eb~ authoxized to onus9 to be published and distributed a summary ~otise of Sal~ and/or Detailed Notice of Sale uf the ~onds and to cause to be distributed to Drospective purchasers of and investors in the Bonds such Sur~ary Notiu~ of Sal~ aRd/or De,ailed Notice of Sale~ a form of Proposal ~or the purchase of the Bun~a an~ & Preliminary Official statement o~ the Count~ relating to the Bon~s~ SECTION 16. Bond Anticipation Notes. (al General obligation public imDrovement bond anticipation not~ of the fifteen million ($15,00Q~000}, to be designated and known as "General oblige%ion ~bli¢ Improv~ment Bon~ Anticipation ~otes {h~reinufter referred to as the "Notes"), are authorized for issuanc~ of the Bonds authorized for issuance herein. The provisions of Section 15.1-223 of tko Code of Virginia, 1950. The Notes shall mature and be payable within two ~ears from their date and ahall be SOI~ at competitive o~ nG~otiat~d ~ate at not less than Dar Dlu~ aocruod interost and on such other ter~ and conditions a~ are determined by th~ CoD/try Administrator, Drov~ded that no Note shall bear interemt at a subject to redemption at a premium ~reater than three per centum [' 3% ) of the ~rincipal ~ount thereof. Bo~ds in 90-891 11/28/90 anticipation cf which the Nates are issued pursuant to this Section 16 shall be issued and sold in accordance with the provisions o~ thi~ resolution at any t~me within ~ive (5) years of the date of issuance of ~he firs% Notes issued in a~ti~ipation of the (b) If the Notes are offered for C0mpetitivo sale, a $~ary Notice of Bale and/or Detailed Notice of Sale shall be prepared, published and distributed, a~d a for~ of Proposal for purchase prepared and distrlbuted~ in accordance with Section 9 hereof. There is also authorized to De prepared and distributed in accordance with Section 9 hereof a preliminary and final official Statement relating to the No=es in such form as shall be approved by the County Administrator. (c) The provi=ions o~ Sac=ions 2, 3, 4, 5, 6 and 7 hereof shall apply to the Notes to the same ex~ent the sa~e apply ~o the Bo~ds, except: (s) in the casa of the Of Section 2, the interest rate or rates on the Notes shall be determined by the Count~ Administrator in acccr~nce with further approval by the Beard of Supe~isors; (~) in the cane may ~elect the Registrar for the NO,eS WithOUt fur=her a99rov~l by %he Board of Supervisora~ (c) in the case of the ~rovisions of Section 3(c)(i). ~he Registrar shall nco registered, exchanged o~ tra~sfurr~, on ~he books Of portion thereof a~ tke C0~%~ k~inistrator shall dateline at the tim~ of the Notes are issum~; (d) in =he ~aam Of 4(a), the provisions for the r~demption of the Notes shall det~ine~ by the Co~%y A~inis~ra=or in accordance with ~d s~ject to the provimionm of Section 10(a) h~r~0f without ~urther approval by ~he M~ard of SuDe~isurs; {e) in the case of Section 4(b), nutic~ of r~de~ptio~ of any Note shall mailed not less than such n~er of days as the Co~t2 A~ini~trator ~hall dateline at the t~e of the Notes are issue~; and (d) in the case of the provision~ of See=ion the s~e shall apply o~ly to the extent the Notes are not paid from the proceeds of the Bonds OM fMOm =ny other (d) The No%es shall b~ in s~s=antially the fo~ set ~orth below with sucA necessary ox appropriate v~iations. omis~ion~ and in~ertiu~= a= are ineidmntal to ~heir n~er~ interest rates and maturities or as are othe~i~ peal=ted or revised by law or thi~ r~solution~ ~I~ STATES OF ~ICA CO~O~E~ O~ VIRGINIA CO~ OF P~LIC IMPRO~T ~ ~ICIPATI~ N~ REGISTERED No. R- INTEREST RATE: MATURITY DATE: ORIGINAL ISSUE DATE: REGISTEP~D OWNER: ~RINCIPAL AMOUNT: REGISTERED CUSIP NO: The COU2lt¥ of ~hesterfield (hereinafter ra~erred to as the "County"), a political subdivisio~ of ~he Co~onweatth of Virginia, for value received, hereby promises to pay to the 11/18/90 Registered Owner (named above), or registered assigns, on the Maturity Date (specified above), unless this Not~ shall have redemption price shall have been duly made er provided for, the Principal A~ou/lt (specified ~ove)~ and to pay interest on such Principal Amount on , 19 and semiannually on each an~ thuru~ter ~rom the d~t~ hereof or ~rom the interest payment date next preceding the da~e of a=~ho~tication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which eas~ ~ro~ s~ah interest pa~lnent date if interest ham been paid to such date, or unless such date of authentication is within the period from [iu~ert appropriate language depending on wh~ther interest payment date is first date, in which case from such interest p=%au~nt d~te if ~ria¢ipal ~uuount (each such date is hereinafter referred to as an interest pa~ment date) at the Interest P~ate {specified at~ove) per annu~, by check or draft mailed by the Registrar hereinafter mentioned tO the Registered Owner hereof at h~s address as it appears on the books o~ registry kept by the Registrar, at the close of business on [in,err appropriate language depending on whether interest payment date is ~irst or fifteenth day cf calendar month]. The principal of and premium, if any, on this Note ar~ p~yable ~pon presentation and surrender hereof at the principal office of in the __ of , (the ~'~gist~aI"}. ~e principal of and premium, if any, and interest on ~his Note are payable in such coin ur currency of =he United ~tates of America aa at the respective dotes of pa~ment is legal tender for public and private debts. This Note is one of = duly =uthoriued i~u~ of Iherein referred to as the ~'Nete") of the a~regate principal amount o~ Dollars ($ .) of like date and tenor herewith, e~ept for number, ~enQmination, interest rata, maturity and redemption previsions, and is issued, in anticipation of the issuance of a like principal amount of general obligation bonds of the County, fO~ the purpose of financing the cesta of various capital improvement projects in and for the county, under and pursuant to and in ~ull compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter ~ of Titl~ 15.1 cf the code of Virgin/a, 1950 (the same being the P~lic Finance Act), an election dul~ hold in the County under e~ch Chapter ~ on ~ove~ber ~, 1988, and a resolution duly adopted by the Board of Supervisor~ of the County under such Chapter 5 on The Notes of the series of Notes of which this Note is one maturing on or before , __ shall no~ be subject to rede~tion prior to their stated maturities. The Notes of the ~eries of Notes of which this Note i~ one (or portions thereof in installments of $5,00~) maturing on and after s~ll be subject ts redemption at the option of the County prior to their stated maturities on or after __, in whole at any time, or in Dart from time to time on any in,ernst payment dat~ i~ such order as may be determined by the County (except that if at any time less than all of the Korea cf a maturity are called for redemption, the particular ~otes er portions thcreo~ to bu red=emcd shall be following rede~ptio~ prices (expressed as a percentage of the principal amount of Nota~ to ~ redeemed), together with the interest accrued on such principal amou~%t to the date fixed for the r~d~pti~n thereof: 90-893 11/28/90 Redemptioa Dates Redemption Prices If this Note er any port,on of the principal amount hereof shall be called far redemption, netise of the redemption hereof, specifying the date, nt~ber and maturity of this Note, the date and ~laes or places fixed for its redemption, the premium, if any, ~ayable upon such redemption, to be redeem~t, that this Note must be surrendered in exchange for %he principal amount hereof to be redeemed and the issuance of a new Note equalling in principal amount portion of the principal ~mouat hereo~ not redeemed, shall be ~sr redemption by f~r~t cla~ mail, pomtag~ prepaid, to the Registered Owner of this Note at his address as it appears on the ~eek~ of registr~ kept by the Registrar. I~ notice e~ re~emptlen of this Note shall have been given a= aforesaid, and payment of the prinsipat amount o~ this Note (or the portion Of the principal ~mou~t hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have bees duly made cz provided fez, interest hereon (or on the portion of the principal amount hereof to be redemption. Subject to the llmitationg and upon payment of the charge~, if any, Dr0vided in t~e Droeeedinqs authorizing the Notes of the series of which this Note iS one, this Note may be exchanged at the principal office of the Registrar for like aggregate principal amount si Notss of the series of which this Note ia one, of other authorized principal amounts Of the za~e interest rate and maturity. This Nots is transferable by the Registered Owner hereof, in p~r~cn o~ by his attorney duly authorized in writing, at the principal office of the Re~i~t~a~ but only in the manner, subject to the limitations and upon payment of th~ charges, if any, provided in the proceedings authorizing th~ ~Ote~ O~ the s~ries of which this Note is one, and upon the surrender hereof for c~noellation. Upon such transfer, a new Note or Notes of the series of which this ~ote is one, c~ authorized denominations and sf the same aggregate principal amount, will be issued the transferee in exchange herefer. Notwithstanding the foregoing, the Registrar shall not be required to exchange or transfer thi~ Note later tha~ tho close o~ business on the (__) ~ay next preceding ~y date ~ixud ~or the rede~ptie~ of this Note or an~ port,on hereof. Th~ full faith and credit of the County are hereby irrevesably pledged to the payment of the DrinoipaI of and This ~Q%e shall nc~ be valid ox obligator~ unless manually signed by an authorized signator of ~hs Re~ia~rar. It ia hereby csrti~ie~, reei%e~ and ~eclare~ that exist and to have been ~erformsd precedent to and in the ecu ti~u, form and m~nner as req~ire~ by law, m~d that this Note and the Notes of the series of which this Note is one do not exceed any constitutional or statutory limitation of indebtedness. 90-894 IN WITNESS WI~EREOF, the County~ by its Board of Supervisors, has caused this Note to he executed by the manual or facsimile signature of the Chairman e~ suuh Board; a facsimile of the corporate seal ef much Beard to be imprinted hereon, attested by the manual or facsimile signaLure of ~he Clerk of such Board; and this Note to be dated aa of , I9__. Clerk of the Board cf Supervisors This Note is one of =he Notes delivered pursuant to the within-mentioned pr0cee~i~c. ], Registxar ~Y: Authorized Signatcr Date of Authentieatien~ For value received, the undersigaed hereby cell(s}, assign(s) and transfer(s) unto [Please print or type r~a~e aBd address, including postal zip code, of transferee) PLEASE INSERT SOCIAL ~ECURITY OF TBANSFEP~EE~ ] ) the within Note and all rights thereunder, and hereby irrevocably constitutes and al~Deints attorn=y, to trans~=r such Note o~ the b0ok~ kept for rcgi~tratio~ thereo~, with ~ull Rower o~ substitution in the Dated: $ignature(~) Suarantec4 NOTICE: Signature(c) must be guaranteed by a member firm of The New York Stock ~xchunge, or a commercial ~ank e~ trust company. (Signature(s) of Registered Ownerl NOTICe: The slgnatu~e($) IRe, above mus~ correspond with the name of the Regicterc~ Owner as it appears on the front of this ~ote in every particular0 without alteration e~ enlarge- ment or any chang~ whatsoever. 90-895 (e) l~ is cen~e/~Dlate~ by the Board o~ Su~ervisoro that this resolution ~hall be full and complete authority for the issuance, sale and delivery of the Notes and that no further action by the Boar~ of Supervlsors shall be required in connection with such issuance, sale and delivery. SECTION 11. Piling of ~nis Resolution. The County Attorney is hereby authorized a~d directed to file a copy of this resolution, certified by the Clerk of the Board of Circuit Court of the County of Chesterfield. SECTION 12. I~validit~ of Sections~ Paragraphs, Clauses or Provisions. If any section, para~raph, clause oi provision of this r~solution shall be held invalid or fore,able for an~ reason, the invalidit~ or une~orcs~ili~y of such section, paragraph, claus~ or provision sh~ll affect any of the remaining portions o~ thio resolution. SECTION 13. Headings o~ Sections. The headings the seutions o~ this r~solution shall be ~olely for constr=ctlon, interpretation or effect of such ~ecti~ns ~r S~CTION 14. Effectiv~ Date. This r~solution shall tak~ ~ff~c~ upon its a~Dtion. Ayeo: Mr. Currin, Mr. sullivan, Mr. ADDlegate and ~r. Daniel. to the School Board. ll.G. EXECUTiVe. On motion of Mr. Apple~=te, ~ocun~ed by ~r. ~ullivan, the Board went into Executive Session pursuant to Section 2.1-344 (a)(7) of Ute code of ¥irginia, ~9~0, as amended, to consult with counsel re~ardin~ legal issues involving the James River On motion of F~r. Apptegate, seconded by Mr. Sullivan, the WHEREAS, the Board of Supervisors ham this day adjourned into ~xeoutive S~mmio~ i~ aocordanc~ with a formal vote o~ the Board, and in acsordanee with the provisions of the Vi=gi~ia Freedc~ nf InfQrmation Act; and WHZREAS, the Virginia Freedom of Info,atica Act effective J~lY 1, 1989, provides for certifimaticm ~hat n~h MOW, TH~EFO~, BE IT ~SOLV~ that the Board o~ County Supmrvisors dOe~ h~reby certify that to the best of each Infor~tion A~t were discussed in the Executive S~mmion to which this certification a~lies, and ii) omly such p~lic buminemm matters am ware id~ntifie~ in the Motionbywhich the Executive Session was convened were heard, discussed or 9o-896 11/28/90 considered by the Board. No moulder dissents from this certi- fication. The Board being polled, the vote was as followsz Mr. Mayes: Aye. Mr. Daniel: Aye. Mr. Applogate: Aye. Mr. ~ullivan~ Aye. Mr. Currin: Aye. The Board recessed to travel to the Chesterfield County Airport for sunset cafe at the 90,~,~030~ la Bermuda Magisterial District, KI~B~Y PA~a~ requested .a Mobile Moms permit to park a mobile home in a ~esidentLal [R-7) District. The density of the proposal is approximately property for m~dium density resid6ntial us~ of 1.51 to 4.00 units/acre. This probity fronts the northwest line of Sri~htwood Avenue, a~roximately 200 fact south of Vet~ Road, (2) Central Park~ Block 13, Lots 38 and 39. ~. Jacobsen presented a s~ary of case 90SN0303 a~d stated accept~le. There was no opposition present. On motion of ~. Currin, seconded by Mr. Appl~at~, the Board approved Case 90SN0303 for seven [7} ~ars, subject to the fcll~ing conditions: 1. ~ applicant nhall b~ the o~er and occupant of the mobile home. 2. N~ lot or parcel ~y be rented or leased for use as used for ret=al property. Only one ~1) mobile home or parcel. 3.Tho min~ lot sir=, yard s~ucks, r~ir~d front applicable zoning distric~ shall be co~lie~ with, ~xcep= that no mobile home shall be located closer than 20 ~eet to any ~isting residence. 4. No additional p~rm~ent-t~e living space m=~ be added onto a mobile home. Ail mobile homes shall ~ skirted but shall no~ be pla~ed on a De~anen% foundation. 5. Wher~ p~lic (Co~tXl water and/or sewer are avail~le, they shall ~ used. UDon being qrant~d ~ Mobile Eome Pe~t, the applicant shall then obt~ the necessary De~its from the o~fiGe of the Building Official. ~is 90=897 11/28/90 shall be done prior to the installation er relocation of the mobile home. 7. Any violation of the above conditions shall be grounds for revocation of the Mobile ~ome Permit. Vote: Unanimous 90~0255 In Matoaca Magisterial District, landmark de~ip~ation i~ requested ~or O. B. GATES RESIDENCE. Th~ Comprehensive Dian designates the prspert~ for rosideatial use of 1.50 units per acre or lesp. This request fronts approximately 198 feet on the north line Of Beach Read, approximately 2,130 ~eet west of Nash Road and is bet%er known az 8011 Gates Bluff ~laee. Tam ~ap 95-1~ (2) Gates Bluff, Lot 3 [Sheet 31). ~Lr. Jacobsen presented a summary of Cas~ 90H~Q255 and stated tho Planning Commission an~ ~reserva=ion co~ie~ reco~n~e~ approval of Landmark Designation ~or O.B. Gates Residence, based on the following oondition~: 1. This is a distlnpuished building of high historic 2. This designation will cause no ~i~nificant adverse effect on the fu~ura development uf ~he County. opposition present. On motion of ~Lr. Mayo~r n~conded by NLr. ~ullivan, the Boar~ appuoved ~istorlc Landmark Desipnatlon ~cr Case 90~0255, ~ house and lend sho~ on Y~ Kap 95-10 {2) Gates Bluff, Lot 3. Vote= Unanimous 90SN0254 In ~a~ua~a Magisterial D~tr~ct, HOP PAR~TF~ requested rezoning from Agricultural {A) to Residential Residential use of up to 3,63 units per ~cre is permitted in a Residential (R-12) District. ~e Comprehensive ?lan designates the property for residential use of t.51 to 4.00 uni=s per acre. This request lies on a 7.8 acre parcel f~ontin~ =pproximatel~ 307 feet on the northwest ~arobrith Drive, appx0ximately 1,31~ ~eet southwest o~ ~ill Road. Tax Map 149-6 (I) Parcel t (Sheet 41). Mr. Jacobsen presented a su~ar~ o~ Case 90SN025~ and stated the appli~t'~ proffered co~i%ionn. ~e noted this can~ deferred at the October 24, 1990 meetin~ to allow further discussion regarding provisions of p~lic water ~d ~ewer. condition had been distributed at th~ on,et of the ~tin~ and that he had not had sufficient time to review the co~iti~n. ~. Currin stated, since there was concern regardin~ the case~ 90-89~ 11/28/90 In Nidlothian Maqi~terial District, requested rezo~ing from Agrioultural (A) to Residential (R-25). Residential ~se of up to 1.74 units per acre is permitted in a Residential (R-25) Distriet~ The density of such amendment will be controlled by zoning conditions or ordinance standards. The Co~prehenB£ve Plan designates the This request lies on a ~8.6 acre parcel l¥in~ approxLmatel¥ 220 feet off the west line of South Netherfield Drive~ measured at a point approximately 300 feet north o~ its southern terminus. Tax Nap 6 (1) Parcel 16~ Ta~ Map 7-1 {1] Parcel 3; and Tax Map 7-5 (1) ~arcel %2 (Sheets i and 2). Mr. Jacobsen presented a summary o~ Case Se~N034~ and stated the Planning Oommiesion recommended approval and acceptance of the applicant's proffered ~r. E~ward Willey, Jr+ sta~d th~ applicant desires a deferral of this recf~est to the January 23, 1991 meeting. O~ ~otion o~ Mr. Sullivan~ seconded by Mr. Applegate, the Boa~d d~f~rred Cas~ $95N034g until January 23, 1991, Ms. Garnette Hammerman, an adjacent property owner, stated she did not object to the deferral; however, the residents did wish Ohm ~oard =u be aware that one of ~he proffered condition~ reflects ~hat Mr, Will~y will assist the residents in proceeding with oompletion of an epplication for the ~acation of the stub road at the e~d .of Netherfiel~ Drive. 90SN0273 In Bernluda ~agisteri~l District, JO~N ~. ~ requested rezoniag from Ce~nity ~usiness (C-~) tn ~eavy Industrial (I-3]. The density of such a~endment will be c~ntrolled ~ zonln~ =onditiuns or Ordinates st~dards, The Comprehensive ~lan desi~tes the property ~or co~rcial u~e with density the west line of Jefferson Davis Highway and the north line o~ Ch~ter Road~ and is lo~atsd in the northwest ~adr~t of ~e intersection of these roads. T~ ~ap 81-4 (1) Part o~ Parcel 77 (Sheet 23). ~. Jacobsen pre~enUed a s~ary of Case 90~273 and ~ta~ed the Pla~ing Oo~ission teen, ended approval and acceptance of th~ applicant's proffered conditions. approv~ Ga~ 9OSCO273 and accepted the ~oll~ing proffered (I-3) shall be li~tsd to those use~ ~e~itted in the Light Industrial (I-l) District and the ~olluwing use from the Hea~ Industrial (I-3) District: manu~a=~uring. 2. Prior to th~ issuance of a buildin~ permit, ~ixty (60) feet of zieht of waF on th~ west sid~ oi Route 1/30! ~d thirty-five (35) feet of right of way on the north side of chests~ Road, Both measured from tbs ~en~erline of that part of the roads immediately ad~ace~t to the preperty~ shall be dedicated, free and ~nr~stricted, to and for the benefit of Chesterfield County. Vo~: Unanir~ous 9~,.~,~0280 In Clover Eill ~4agisterial District, II~/C~NSPRIN~S requested amendment to Conditional us~ Pla~ed Development (Case ~SO08} relative to the r~storation and pre~a~ion a historic structure (Ellett-~cock HORSe) in a Residential (R-9) District. The density of such ~en~ent will controlled by zoning conditions or Ordinate standards. Comprehensive ~la~ designates the propert~ for agricultural/fore,tel uses wi~h density to be de~e~in~d by developmsnt re~la~i~ns. Thi~ request lies on a 2.0 acre parcel fronting approximately 150 ~eet on the north lin~ Tax N~p 47 (1) Part of Parcel 10 (Shee~ ~r, Saco~son present~ a s~ary of Case 90SN0280 a~d ~tated ~he Pla~ing Cotillion reco~en~ed approval, $~ject certain conditions. r~co~ended condibio~ wer~ accept~la. ~ere was no Board approved C~se 9OSN02~0, ~ect to the following conditions: 1. Tho applicant shall m~e avail~le any salvageable material~ from the existing Ell~tt-Hancock House and appurten~t ~tructures ~or reuse in renovation ~estoration projects. Such materials shall include, but ~hall not be limited to, mantles, interior trim and moldiag, flooring, buil~ng, structural supports, bricks, etc. 2, ~e applicant shall make avail~le to the Chesterfield coun=~ ~istorical Society for a period of on9 (1) year, ef~c~i~ as of the dat~ of approval of th~ re.est, one (1) acre of the re~e~t ~i~e on whioh archaeological surveys can be conducted for the purpose of retrieving historioat artifacts. The appli=ant ~hall contact the feasibility of such surveys inoludin~ the exac~ location(s} ~y excavations on the sit~ and shall advise th~ Director o~ Plannin~ of such dete~ination ~ithin ninety (~0) ~a~s of ~he a~roval of this re,est. Further, the applicant shall make provisions ~or the dete~in~d by the Chesterfield ~istorical Society. 90~0283 In Bermuda Magisterial District, IF/R~INIA ~.~CT1AIC AND POWE~ COMPANY requssted rezening fro~ Heavy Industrial (~-3~ to ~e~vy Industriul (I-31, plu~ C~nditional U~e to per. it expansion of an electric power generation plant. Tbs density o~ such amendment will be controlled by ~oning co~dition~ or Ordinance standards. The Comprehensive Plan dssignates the propor~y for general industr? use with d~nsity tu be determined b~ development regulations. This reques= lies on a 90-900 lt/28/90 19.5 aero parcel fronting approximately 210 feet on the northeast line sf Csxsndale Road, approximately 100 feet north 33). Mr. Jacchson presented a summary of Case 90SN0283 and stated the applicant's proffered conditions. There was opposition present regarding tlle proposed requests. Mr. currin stated, since there wam opposition presentr the In B~rmuda Magieterial Dist:ic~, ~. ~ORG~ KIP~¥ rescning from A~zic~ltu~al (A) to Residential (R~12). Residential use of uD fo 3.63 u/~its per acre is permitted in a ~esidential (R-12) District. The density of such ~end~ent will be controlled b~ zoning conditions or Ordinance residential use of 1.51 - 4.00 uni=s per acre with density to be dete~ined by develo~t repletions. Thi~ re,est li~ on a 1.86 acre parcel fronting approximately 170 feet on the of Neadowdale Boulevard. T~ ~ap 53-14 (1) Part of Parcel 1 (Sheet 16). th~ a~lican=~s pro~re~ Mr. Fra~ Potts, representing the a~lican~ stated reoo~endation was eccentric. There was no opposition ~. currin suggested tha~ , after reviewing th~ section of ~a!ysis entitled" Impact on Capital Fa~ilit~en", he felt the Board may wish to review their policy concerning cash proffers at a la=er date. Oa motion of ~. Currin, seconded by Nr. Daniel, the Board approved Case 90SNO2O2 and accepted the ~ollowing pro~ered conditions: ~ollowing t~ the COUnty of chesterfield at t~e t~e building permit application or within two years of final record plat approval; whichever shall occur first, for infrastructure imprcv~unts within =ho sunice district a. $2,Q00.00 per lo=, ii paid prior ~o July 1, 1991; to exseed $3,000.00 p~r lot, if paid between July 1, 1991 and dune 30, 1992, incisive: o= o. ~e ~ount approved ~ the Board of sup~isors not to exceed $4,S~8.00 par lot, if paid ~tween duly 1, 1992 and Jun~ 3~, 1993, incisive, or d. The ~ount approved by the Board o~ Supervisors not increase in the Marshall and Swift B~l~i~g Cost I~dex between July ~, 1992 and July i o! the fiscal year in whisk the pa~ent is made if paid a~t=r 30, 1993. 90-901 11/28/90 2. Prior to final subdivision plat approval, the applicant, the subdivider or assignee(s) shall furnish to the Board of Supervisors a surety bond, approved by the ceunty Attorney, sufficient to cover the sost et such pa!rmeats. 3. The applicant stipulates and agrees that the ~eed for this proffer for infrastructure improvements i= generated solely b~ this rezoning. 4. ~ior to %he issuance of a building paImit, thirty-five (35) feet of right of way, measured from the existing centerline of South Beulah Read immediately adjacent tu the property shall be dedicated f~ and u/~res~rieted to and' for the benefit of Chesterfield County. Vote= Unanimous ~0S~0294 In ~atoaoa ~agisterial Di~tri~, A~O~ATTOX l~IV~ WATER A]]~OI~_TTY requested C~nditional Use t~ ~it a water trea~en~ plant in an Agri~ult~al (A) D~trict. ~e density of ~uch ~n~ent will be controlled by zoning conditions for parks, ~ecreation, open space and P~lic/~i-p~lio use with density to be determined by development re~lation$. This re~=st lies on two (2} parcels totalling a~ro~ately 116.~ acrez fronting approximately 650 ~t on the south line also fronting aDD,ex,abelY 1,6~0 ~eet on the we~t line of Chesdin Road, approximately 25S feet south of River ROad, and approx~ately 1,700 fe~t on ~he =asr line of Ck~sdln approx~at~ly 1,680 ~eet south of River ~o~d. T~ Map 185-3 the Planning Co~ission race,ended approval, s~ject to o~rtain ~z. Richard H~an, reDresentlng the applicant, s~aze~ the acceptable. When asked, several individuals indicate~ opposition tothe proposed r~es~. ~. currin stated, there Was opposition, the case would be h~ard in its reeler s~nce un the age~du. 90~1~10254 In Matilda ~agisteria~ District, ~O~ PAR~ req~te~ rez~ning from Agricultural (A) ~o Residential (R-12). Residential USc cf up to 3.63 unlt~ per acre is permitted in a ~esidential (R-i~) District. The Comprehensive Plan designates the DreDert~ for r~=identlal use of 1.5~ to 4.00 unit~ per acre. Thi~ request lies on a 7.8 acre parcel fronting approximately 507 feet on the northwest line of Marobrith Drive, approximately 1,916 fee~ southwest o~ Hap~ Mill Road. Tax ~ap 149-6 ~1) Parcel 1 (Shunt 41). Nr. Jacobsen b~iefly s~ar]zed the proposed r~est and ~tated the Planning Co~i~sion reco~nded app~ovaI and acceptance of the applicant's pro,fared condlu~o~$. Mt. J~e~ ~arrison, r~resen~ing the applicant, sCa=ed the Mr. George ~eadles e~ressud cono~rn regarding the ~ttal of pro,fared conditions lust prior to the meeting or at the time a case is scheduled to be presented to the Boar~ and ~at 11/25/90 he felt that the District Supervisor should be notified of e~tabl±~hed with criteria that proffers be submitted within a certain number of days prior to the scheduled meeting. Mr. equitable resolution to said problem. Xr. Harrison briefly explaiae~ ~e reason his e~hmitted proffer was provided at suc~ s~ort notice. Mr. Mayes stated he did net ascent the the proffer and questioned whether or not the applicant could make such proffers thst would impact another property owner. ~vent~ ~o long a~ it affected the s%Lbjeet property, When asked, ~ir. Harrison indicated it is the applicant's intention te utilize public water and sewer when the property is developed. ~e ~urther e~Plai~ed that tho existing single family structure currently located on the site would remain on a well and septic systeJ~ until such time as pL%blic utilities were provided to any n~w homes to be considered on the site. Mr. Mayes ex, reseed concern that unc~rtaintie~ r~garding this case and amended proffer provided to him just discuseS, there were too many he could not consider an prior to the case being After further discussion, Mr. ~ayes ma~e a motion to defer case 90sN0~54 until January 23, 1990 sc that he could have the opportunity to review the amended proffer in conjunction with the ori~inal request. ~e ~urthcr stated he ~elt the Board minute. Mr. D~niel s~ated he felt there should be a ~ore definitive submitted to meet the Board agenda but felt such issue should be discussed separately from thin particular zoning case. Mr- Daniel seconded the motion for discussion. Further discussion ensued relative to the proposed use ~or the request; the applicant's pref£ered conditions indicating intent to %tilize p~blic water and sewer; the use of all ~app~ Hill Road or other transportation improvements versus other infrastructure needs £er ~ot only this case but also future oases; etc. Mr. Stegmaier briefly explained the current policy in the use of cash proffers and indicated staff is in the process ~f determi~in~ a percentage usage ~f funds toward certain categories. Mr. Daniel indicated he had categories for the purpose designated and if that were not the case, h~ would like st~f£ to draft a paper clearly outlining the polioy and provide same to the Board in the future outlining infrastructure needs, ~uadlng ~ommi~meats, etc., as they related to the use cf cash proffers. Mr. Currin directed tha~ staff bring back cash proffers and their funding ¢=tago~ie~ for discussion at the next There was ~rief discussion relative to whether or not the foot right-of-way ~ro~ere~ along ~rcbrith Road is adequate for improvements along same. Mr. McCracken stated that said proffer would not addres~ all of the Lm~aet cf this particular zoning. Mr. Mayos called the question on the deferral. Ayes= Mr. NeWs: Mr. Cnrrin, Mr, Sullivan and Mr. Applegate. Abstention: Mr. Daniel. Mr. Daniel stated he would like to defer this ca~e U/ifil after Case 89SN~345, JAMES D. CARTER, had heen presented so that the 90-903 Board could compare the ramifications and parallels of both as he is not from the District and not familiar with the details. Mr. Jaccbson stated Nr. Carter's attorney had indicated to him that he intended to recluest a deferral of his case. Mr. Daniel stated he felt both cases should be treated e~uitably. Mx. Harrison stated his client's case had been previously deferred, the applicant had made every effort to comply with requests of staff, and he did not feel this request should be After £urther discussion, Mr. Sullivan made a motion, seconded following proffered conditions: i. Should the rezoning re,est be qranted, the applicant, subdivider, or assignee(s) shall pay the following to the County o~ Chesterfield at the time of building permit approval~ whichever shall occur first, for improvements within the servlee district for the a.- $2,000.00 per lot, if paid prior to July 1, 199~ Or b. The amount approved by the Board of Supervisors not to exceed $3,000.00 per lot, if paid between July 1, 1991 and June 30, 1992, inolusive; or c. The amount approved by the Board of Supervisor~ not to exceed $4,000.00 per lot, if paid between July 1992 and June ~0, 1993, inclusive, or The amount approved by the Board of Supervieor~ not to ~×o~ed $4,000.00 per lot adjusted upward by any increase in the ~arshai1 a/~d Swift Building Cost Index between July 1, 1992 and July 1 of the fiscal year in which the payment is made i~ paid a~ter June 30, 1993. Before final subdivision ~lat approval, the subdivider shall furnish to th~ Board of Supervisors ~ s~rety bo~d, approved by the County Attorney, sufficient to cover the cost of such payments. 2. The applicant, mubdivid~r or ammignm~(~) s~all free and unrestricted to and ~or Chemterfietd County twenty-~ive f~t right-of-way measured from the centerline of Marobrith Drive. A~y addikienal ~esidential lots created as the result of the approval ~f this ~equest, other than ~he sin~le far~il~ residence currently lo~ated on the property, shall use %he public water an~ wastewater systems. In the ~vent that the other additional residential lots, created as the result o~ the approval of this request~ ar~ developed and the publi= water wastewater systems are e~tended to serve those other lo~$, then =h~ applicant, subdivider or assignee{s) shall connect the existin~ single family residence to the pu~li= water and wastewater AyeS: Kr. CUXriu, Mr. sullivan, ~r. Applsgate and Mr. Daniel. Nays: Er. Mayes. 90-9U4 11/28/90 90~I~253 CfX~ANY rs~zes=ed rezoning from ~a~ Industrial (~-3) to ~ea~ Industrial (I-3), plus Conditional Use to pe~it expan- sion ~ an ~lectric ~uwer generation plan~. Th~ ~gn$ity o~ ~uch ~n~e~% will be controlled b~ zoning conditions or Ordinanoe standar~. The Comprehensive Plan desi~ates th~ property for general industry use with density to be determined by development r~ta~ion~. This re.est lies on a 19.5 acre parcel fron~ing ~pproximately ~10 ~et on the northeast lin= of Coxen~ale Road~ approximately 100 ~t north 33). Mr. Jacobsen ~ummarized Case 90SN0283 and stated the Planning Cor~ission recommendsd approval a~d acceptancs of the applicant's proffered condition. Mr. Alle~ Todd, repre~snting the r~qusst, stated the recommendation is acoeptabls. Mr. George Beadles voiced opposition to the proposed request aa he £elt a condition should Be impo$gd to prevent outdoor advertising on the s~ject site. On motion of Mr. Cu~rin, zeconded b~ Nr. Applegate, the Beard ~o~ition: Prior to sits plan approval, thirty-five (35) feet o~ riiht-e~-way On the ~orth aide o~ Coxendale Road, measured from the eenterline of that par= of Co~ondale Road immediatel~ adjacent to the property, shall be d~ioatsd, fren and unres%ric~sd, to and for the benefit of Chesterfield County. 90SN0294 In Matosca Magistsrial District, APP(~6ATT0~ ~_IVE~ Wkr~K AFI~ORITY rsgucs~ed Co~di~ionaI Use to De.it a wats/ treat- ment pl~t in an Agricultural (A) District. Tho density o~ suc~ ~n~en~ will be con~rolle~ by zoning conditions or Ordinance standards. Th~ Cumpx~e~iv~ Plan de~ignate~ the property for residential use of 1.5 u~its ~er sore or l~s and for parks, recreation, op~B ~p~ce an~ p~lic/s~-p~lic usa with density to be determine~ b~ development re~lations. 116.33 acres fronting approx~atel~ 650 ~eet on the south line of River Road, agpruxima~ely 230 feet west of Chesdin Road, also fronting approxi~tely 1,650 feet on the we~t tine of ~pproximatel~ 1,700 feet on the east line of Chesdin Road, (1) ~arcel 4 and Part ~ Parcel 7 (Sheet 52). ~r. Jacobsen presen%ed a s~ary of Case 90~N0294 ~ stated the Planning C~ission r~co~end~d aD~roval, s~j~c= ~o certain conditions. Mz. Richard Hartman, representing the applicant, stated the reco~ended conditions were accept~le. ~. Georg= Buudl=s voic~ opposition to t~e proposed re.est and ~mi~%ed infc~tion %o th~ Bo~d outli~ng his concerns, copies o~ which are filed wit~ the papers of this Beard. He 90-905 11/28/90 stated he would like to see the Appomattox River Water Authority required to rep0rt annually to the Csunty regarding problem~ in th~ watershed and suggested solutions for sue. Ms. Carol~ Powers, representing CCE, expressed concerns regarding the p~opesed r~c~2est ~nd stated she would like to see the request deferred in order to give ~he applicant an opportunity to proffer a condition to provide a water quality study reviewing the ApRsmatt~ River Water area and any potential problems that may arise. provides copies of its annual report us the County; and suggested that i~ a study were de~ired, it would appropriate to ask that Mr. R~s~y bring said matter to the attention of the ADpo~t%ox River Wa~er MI. ~es ataUud he had had call~ from one of his co~tituents regarding mos~ito-like pe~%= in this area a~d in,ired if they were related to the operation of the ~WA facility. done to reduce the nuiaance to Mr. Mayer' constituent. On m~tion ~ Mr. ~aye~, ~eonded by Mr. Apptegate, t~e Boar~ ~pDroved Cas~ 90SN~294, s~ject to the ~ollowing conditions= I. W~th th~ e~ception of the 200 foot se~ack ~e~i~ent re~irem~ntu of tho Zoning Ordinance for General Industrial (I-2) Diatrictz in ~er~in~ Growth areas. Sludge lagoons and facilities ~uch as driveways to serve the lagoons may be located w~thin r~ired ae~ack~ and buffers. shall ~ accomplimhed~ Such landscaping shall consist greater than thirty (30) fee= and a min~ catipez of three and Ohm-half (3 1/2) laches at ~he t~e Qf landscaping shall be approved by the Planning Debarment at the b~e of site plan review. 3- Seventy-five (75) foot buffers shall be provided around adjacent to th~ existing water freedent plant property (T~ ~a~ 185-7 (t) Paroel 1). Except as stated herein, these buffers ahall comply w~th %h~ re~ir~ of the Zoning Ordinance, Article 4, Division 3. Sludge lagoon~ and utilitie~ shall b~ p~itted within the buffa=~, If utili=ies are located in the buffe~, tho exact plac~ant $hall be approve~ by the Plying Debuteen= and the placement shall be such that the effectiveness of the buffer is maintained. 4. At such time the= reoonmtru~tion of chesdin Road is co~itted, fiv~ (5) f~t o~ right of way, meas~ed from the sd~ of th8 8ighty (80~ foot wide righ= of way from and ~ediately adjacent to the property identified T~ Map 185-7 (1) Parcel 1 shall be dedicated, fr== and unrestricted, to and ~or th~ b~n~Eit of Cheste=field County. (T) 5. At such t~8 that reoonstruction of River Read co~ittu~, ~or%y-five (45) feet o~ righ~ of way on the south si~e o~ River Road, me~ure~ fr~ the centerline that part o~ River Road i~e~ately adjao~t %o 90-906 11/2~/9Q property, ahall be dedicated, free and unrestrleted, to and for the benefit uf Chesterfield County. (T) Vote: Unanimous ~r. Sullivan asked that ~r. Ramsey previde the Beard wi~h copies of the annual report as referenced by ~%r. Hart~an; state~ he felt valid concerns had been raised; and asked that~ through the a~mlaimtrative process, MI. R~msey take up the discussed matters with the Authority. in Natoaca Maglstexial Dintrlct, J~F.~ D. ~ requested rezoning from Aqrieultural (A) to Residential (H-11). Residential develoRmun~ of ~p to 3.62 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan designat~ the Rropert~ for r~i~ial ~e~lopment of 1.51 to 4.0 unite per acre. ~his req%lest lies on a 29.0 acre parcel located at the western terminus of Marobrith Road. Map 149-5 (i) Parcel 6 (Sheet Mr. Ja¢obeon pre~ented a ~ua~ary of case 89SN0345 a/%d stated the Pla~ing c~isuiun rec~ended approval and acce~t~ce o~ th~ proffur~ co~ition. He noted the request had been deferred from th~ Septe~er 26, 1990 Board meeting in for %h~ applicant, utai~ ~4 ~e~ers u~ the Bo~d' to meet with adjacent, ooncor~d citizen~. H~ stated additional proffezu were di~cu~sm~ at that m~tlng~ h~ever, to date, staf~ has not reccived any additional proffer~ from thm applicant. r~ze~ced petitions, OO~ining 37 signatures, fr~ citizens Oppossd tO the re,est ~d a letter of concern regarding the upgrading of ~=robrith Road. ~esires a deferral to the January 23, 1990 meeting in order to meet with resident~ of HaRpy Hill Fa~s. ease had been deferred several t~es; that the residents ~appy Mill Farms op~se the. proposed re,est wi~ut addi~io~l pro~ers; ~d ~tated she felt it ~ece~a=~ and inconve~ent to the ad]ac~nt property o~er~ to along th=~ =ca4 in Drd~r to dete~ine his right-of-wa~ ~eferral woul~ provide him that opp~rt~ity and ~e was ~an~le to that ~I+ S~llivan stated that other applications roi razoning in this area ha4 ~mitted cash proffers to =heiI develo~ment~; ~ha~ this applicant had not proifered ~a; hu did not feel the t~ayers of %~ CO~y ~houtd ~he ~urde~ of this e~ense tha~ would be generated by this proposed d~velopmunt; and that the re,es% should be denied. There was further discussion rulativ~ to continued deferral of the re~est~ ingress a~ agrees; the overall impact of the s~jeet r~est on the r~xidential co~it~; etc. unidentified citizen indi~ata~ him opposition ~o f~r~her 90-907 11/28/90 ~. Mayes ~a~e a motion to defer Case BPSN0345 %~til January 23, 1990. There was no second. ~r. Sullivan made a mo%ion, ~eeonded 5y Mr. Daniel, to deny Case 89SN034~. kyes~ Mr. Currin, Mr. Sullivan, Mr. Applegate and Mr. Daaiel. Abstenti~n~ ~r. Mayer. It was generally agreed ts recess for five (5) minutes. 89SN0~44 (Amende~) In ~ale Magisterial ~i~trict, VE/~ON E. LA, RAPE, JR. rezening fr~ Agricul%=ral (A] to Residential (~-9) u~ 130.95 acres and Co~ity Business [C-3) of 14.28 aor~s Condltlonal U~e to pe~it an outdoor r~r~ational facility. ReSidential development o~ up to 4.84 units per acre permi~e~ in a Re~iduntial (R-9) District. ~= density of th= proposed ~e~ent for %he C-3 area will be controllud by z~ning cundi~ion~ ur Or~naa~e atan~rd=. Th~ CumDrehenzive Plan designates the property for public/s~i-p~lic ~ses with d~nslty to be controlled by development repletion= and lie~ on a 145.24 acre parcel ~ron=inq aDDrOx~ately 1,675 feet on th~ north line o~ Cogbill Roa~, alzo fronting 3,725 feet on the ~a~ lin~ of Be~0nt Road, and located ~he nor~huast ~adr~t o~ the intersection of thes~ roa~s. T~ Map S5-1 (1) Parcel i0; Tax ~ap 65-2 (1) Parcel 1 and; T~ Map 65-9 (1) Parcel 2 (Sheet 22). M~. Peele preaenU~d a s~ary of Case 89SN0344 and stated the Planning Co~i~zio~ ~co~ended de,al based on regarding th~ intensity of the co~eroial develo~ent for the site, compatibility Of residpntial dpv~lopment with existin~ residential d~velo~nt ~d road/tr~sportation impr0veme~ts. He noted the applicant had s~i~ted conditions just prior t0 the meeting; h~ever, staf~ had not had th~ ~pportunity to review/discuss said proffers in conjunotion with this application. ~. Vernon L~rade stated he u~d his unginuur had met several ~ta~tial improv~nts to Be~ont Read ~d el~inaticn Mr. Currin disclosed to the Bo~d that he ~erVes on a bank COnflict of interest with respect to this re~emk. ~. indicated that ~. Currin did not have ~ c~n~llc= of in=erest regarding thi~ case as he had no financial interest in this DiscusSiOn, questions and cements ensued relative to /esidun~ial areas; use of p~lic water ~d ~ew~r facilities; ~ended proffers and had not had ~ opport~ity tu ade~ately review them an~ state~ he wished t0 h~ar p~li= co~ents prior 9o-9os zz/zs/~ end addressed concerns regasdin~ the intensity of the proposed the compatibilit~ of residential development and ~roximity of the site to the county Airport. ~s. ~andt ~u~mit~a~ copie~ adjacent residential community lot sizes; etc., and indiGated proffer~ had been submi::ed without their havinq opport~ity =o r~view th~m. (Copies of the data s~itted is approximately twe~ty-fi~ve individuals sto~ to indicat~ their applicant was attempting zo obtain a deferral of his Robinw~ud S~ivision also indicated opposition to Mr. La~rade stated he had made every effort to comply with/resolve con¢ern~ of ~taff ~ar~a residents. of all those involved; that based on the infection provided, he could not support the C-3 color,iai development outlined in the Re~e~t ~alysis; that hu was nut prepared neither he, other Board m~rs nor staff ~d had an opport~ity to r~vlew and/cz c~mnt on thmm. ~pplicatioB ~ I~a~d th~ re~ast to th~ Planing co~ission merit, s~ject to the pzo~fered con. fiche s~mitted thi~ date, with a full review of s~e by staff a~ the Plying Supervisors. co~rcial portion of the application but in.ired as to the portion in his re~est ~d rezon~ the ~ntire parcel residential develo~en~. Mr. Pool~ indicated if Lhe were remanded to the Pla~ing Co.lesion for f~ther study, After ~urther discussion/ciarification, Mr. De.el Co~ission ior ~u~ther review/~on$i~rmtion, with only residential develo~ent be considered, that said residential davelo~ent ~e compatible wit~ existing area r~side~ial development, ~d that the zoning be s~ject to the proffered Conditions s~tted this date. Mr. Applegate Ms. Brandt s~itted a co~ of a~ aviation aureeme~t ~ the without areas residents knowledge; ~d asked that some t~e Mr. Sullivan exprea~ed concern regardinq the m~er in which the re.est had ~een handled; state~ he ~elt th~ rs~est should be considered as s~mitted; expresa~ concern that th~r~ w~re no cash proffers to address p~lic facilities 9~-909 11/28/90 denied so that the applicant could resubmit it in a more a~p~opriat~ form. ~lr. Mayas concurred. Mr. Sullivan made a s~bst~tute motion to ~en¥ Case ~9~0344. There wa~ no second. The motion failed for lack of a second. Mr- Daniel stated he felt the review process has not been adequately applied regarding this ease; that the applicant should not be be singled out to provide proffered conditionsr partioul&rl¥ since his request was submitted prior ~o The establishment of a Doliey for accaptanee of cash proffers; that he ~elt the request should either ~o deferred or remanded to the Planning Commission for further review~ and that he felt his mo~ion legally appropriate. The question was called sa ~z. Daaiel'~ marion. Ayes: Mr. Ceftin, ~ffr. Applegate and l~r. Daniel. Nays: Mr. Sullivan ~nd Fir. Mayas. 90~0235 In Clover Hill ~aqiaterial District, ~D, I~. ~ J~ H~ requested Coa~tional Use to pe~it indcoz/outdooz recreational uses and associated comerclaI us~s in an ztan~ard~. ~ Comprehensive Pl~ d~i~at~ th~ property for offic% sE la,ge scale mixed use development with density to be determined ~ dev~io~nt ~e~lations. ~is re~ezt lies on 33.9 a~re parcel fronting approxi~tely 950 ~eet o~ the north line o~ Wa~ley Boulevard, also fronting approx~ately 1,142 feet on the south line si Hull Strmm~ Road. T~ ~p 39-12 (1) Part of P~rcel 11 (Sheet 14). Mr. Peele presented a a~y of Case 90SN0235 and stated the Planning Co~ission race--ended d~nial based on the inte~ity development would generate along ~ute 360. Mr. Pat Cart~i~ht presented an ove~iew of the proposed Drojeo~ a~ presented slides depictin~ the overall appearance o~ the proposed r~reational MI. Alan Barnes, Mr. Bill walto~ a~d ~r. L~ Hovi$ were in favoz of th~ project as it would provide entertai~ent as well as emplo~ent for ~h~ youth u~ =h~ county, generat~ zevenuem for th~ t~ baas in the County, and that they would t~e dav~loDm~nt on the pro~rty. ~. Bar,es stat~ he had loiteri~g~ which copies he s~it=~d to the Board ~d fll~d with the papers o~ this Board. Mr. Miens indicated said were not s~itted hy the applicant h~sel~ ~d prior ~o the meeting. In addition, copies of a p~titlon f~om residents in favor of the propomed development were s~itted to be ~iled with the papers of the Board. ~en asked, aDprox~ately project. ~. Mr. Alan Keye~, Mr. Doug Pratt, Mr. Douq Scritoli ~d Hr. Bob Va~orn voiced opposition t~ th~ pro~d ~vP~opment they f~lt the proposed use too intens~ and inappropriate for th~ s~je~t property; that it lacked compatibility wi~k the existing neig~orhoods a~d would ~ located within too close proximity of an exinting school ~a=ility; that it did provide suit~te tr~sltlon in the area; e~res~d concerns regarding n¢ise poilu=ion, increased ~za~ic conge~tion, 9~-910 11/28/90 i truancy, parking, liphhin~, and that i% represented an intrusion into a stable, single family residential area. when ask~, approximately sixty (60) persons stood in opposition to the ret/vest. There was brief discussion regarding ~he properties in this request; etc. Mr. Currin brought the matter back befo~ the Boa~d for discussion/comment. F~. ~ubbard inquired if the applicant ~ould submit petitions from Surreywood residents in favor of the proposed project and have an opportunity for rebuttal of =he cppesi~ion'~ re~arks. Mr. Currln ~tat~d th~ matter was felt ~he proposed ~evelepment would be appropriate ~or and ~eneficial to th~ County; however, he felt M2r. McLaren, the County Economic Devel0~ent Director, would have been very help~Ul in locating an acceptaDle site ~or this project ~ad he been contacted; that hase~ on the information provide~, he submitted. Mr. Sullivan stated he had dlscusse~ ~he me,its of this he felt :he project would bm ideal for the Couaty as well, hoWeVer, he also felt the subject location inappropriate and Mr. currin briefly discussed topography of the subject property, whether er not a feasibility study had been per~ formed by the appllea~, the intensit~ of the etc. H~ stated he felt the project was viable but not in this referenced the supreme court ruling regarding an individual's residents affected by preposed development skould have a voice in the zoning. felt the proposed development would be an asset to the County; however, the subject location was inappropriate for such a On motion o~ Mr. Applegate, seo0nde~ b~ ~=. Daniel, ~he Board ~enied Case Vote: Una~imou~ ll.J. JOINT I~EETING WITH LEGISLATIVE DenRGATIfH4 TO DIS~JS$ 1991 MX. ~icas and Mrs. De~art presented each program item and discussion ensued as to the type action to be taken on each Proposed 1991 Legislative Program is filed with the papers of this Board.) There was discussion, questions and comments reparding whether or not to proceed with the establishment of Transportation Districts: elimination ~ the item to request an increased 90-911 11/28/90 speed limit on Kouzs ~88; consideration s~ a Charter modilication to have the School Board members serve at the pleasure of the Beard as opposed to ~our year terms; legislation to allow an ad4itionaI 1/2 cent of sales tax Go be returned to localitias based on school age population versus point of sale; verbiage to provide for a constitutional amendment which would relieve local government of stats legislative and administrative mandates where a locality san d~mo~strata no deg~ad&tien in service by ~liminatinq the r0andates; etc. Mr. Applegate stated it would be bsneffieial te the Board if co~ie~ of l~gislatiun that directly impacts the County could be provided to the Board. Mr. Currin s%ated tha~ ~hose items, with the exception of the Board of Supervisors as the Legislative Program to be presented to the General Assembly for 1991. 12. Cn motion of Mr. kpplegate, seconded by lVI.~. Mayes, the Board adjourned at 7:00 p.m. (EST) until 9:00 a.m. (ESTt on Deoeafoer 12, 1990. County Administrator~ C~ F. Cu~rin, Jr. Chairman 11/28/90