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04-25-90 MinutesBOARD OF SUPZRV~SOi~5 A~RIL 25~ Mr. C. F. Currin, Jr., chairman Mr. M. B. Sullivan, Vice Chairman Mr. G. H. Appl~gate Mr. Harry G. Daniel Mr. Jssee J. Mayee Mr. Lane County Adauinistrator Staff in Atten~anc~ Administrator Assr. CO. Admin., Legis. Svcs. and In~ergovern. Affairs ~r. William Eigg~, Real Clerk ko =he Board Chief Robert Eane~, Fire Department Mr. ~radford S. Hammer, Deputy Co. Admln., Mr, Willis~ 5. Howell, Dir., Gen. Ms. Msry Lou Lyle, Dir. of Accounting Deputy Co. Admin., Ruben Services M~. R. J, ~Cra~ken, Trensp. Director ~r. Richer4 ~cRlffsh, Mr. Gary McLaren, Dir. of Economic Develo~mt. ~:. S=~ve ~icae, Co. Atto~n~ Mr. Jeffrey L. Mincks, Sr. County Attorn~y Mrs. Panline Mitchell, Dir. of News/Info. Services Col, Joseph Pittman, Chief of ~oiice Mr. William ~. Chief~ Dev. Review~ Planning Depar~men~ Mr, Richard Sale, Dep=~y Co. A4min., Mr, Jay ste~aier, Dir. of Budget ~r. M. D. Stith, ~r. David We!cherts, Dir. of Utilities Mr. Fred~riok wiliis, Dir. of H~an Mr. Currin called the r~gularly ~ehedul~d meeting to order at 9:10 a.m. (DSTI. Mr. Currin introduced Mr. Larry McKain, Rastor of th~ Christian Fellow~hip Church of Brandermill, who gave the invocation. 90-349 4/25/90 P~DGE OF ALLF~GIANCE TO -£~ F .L~G~ OF 'x~ ~NI'l'.~ -~TATES OF AMERICA The Honorable ~obert L. Suthard, Secretary of Public Safety, led the Pledge of Allegiance to the Flaq of the United States of America. Due to a summons to appear in Court On a County issue, Mr. Daniel ekcu$~d himself from the meetlnq. On motion of Mr. Appleqate, seconded by Mr. Sullivan, the Board approved the minutes of April I1, 1990, as s~bmltted. Ayes: Mr. Currln, Mr. Sullivan, Mr. Applegate and ~r. Mayas. ~-bsent: Mr. Daniel. 4. CO~NTYA~MINIST~ATOR's There ~r~ nO County Administrator comment~ at this The~e w~re no ~uard Committee repert~ at this eime. ~QD~ST$ TO POSTPON~ CHANGES IN On motion of Mr. Applegate~ uacond~d by Mr. Mayas, %he Boar~ revised Item 9.B., Authorization to E~ercise Eminent D~main for %he Acquisition Of a Wate~ Tank Site on Winterpock goad from ~r. and Mrs. Thoma~ J. Smith an~ ~rs. Frances S. Mann, to Approval of C0n~ract fo~ th~ Purchase ~f a Water Tank Site on Wint~rpOck Road from Mr. Thomas J. and Mrs. Kathryn C. Smith and Me. Frances $. Mann~ deleted Item ll.B.~.a., Set Date for Public Hearing to Consider an Ordinance to Amend ~he Cods of the Ceunty of Cheeterfield, 1978, as amanda4, by Repealing Se~ion 12-170 Relating to the Repor~ o~ Sales~ and adopted the agenda, as amended. Ayes: Mr. Currin~ Mr. Sulliuun~ Mr. Applegate and Mr. ~ayes. 7. RESOLUTIONS AND SPE~TkL .F~NITIO~S Chief Pit,man presented an. outline of Colonel Robert L. Suthard's di~tingui~he~ s~rvlce to the citizens Co~onw~alth and Con~ty. Chief ~anes reiterated Chief Pit%man's come,ts and recognized Colonel William F. ~uperintend~nt of the Virginia Stale Police, ~ieutenant Waverly K. Paul, S~rge~nt J. A. ~ichol$ and Sergeant j. S. Whitehurzt of the Aviation Division of Stat~ Police ausign~d to the Cuunty Airport. On motion o~ the ~oard, the followinq re~olnticn was W~S, Colonel kobert L. Suthard has completed thirty- four years of distinguished ser~ic9 %o c~t~z~ns of the C~on- wuulth as a sworn m~b~I cf ~h~ Virginia State ~olice: and 90-350 4125/90 W~=~AS, colonel suthard progressed through the ranks to become S~perintendent of the Virginia State Police on October 1, 1984; and WHEP~EA$, Colonel So,herd's career has been distinguished through his outstanding leadership and the incrmsm~d delivery cf public safety ssrvices~ and WEE~EAS, Colonel suthard has developed and maintained strong professional relation~hipD with other agencies of ~edsral, state and local government; and WHEREAS, Colonel Suthard has supported and worked with the Chesterfield Police Depar~meDt in crime resolution and abate- ment programs; and W~P~EAS~ Colonel Snthard has provided valuable ~upport to paramedics and firefighters of the Chesterfield Fire Department who join ~rooper/pilots and the Virginia Department of Health in providing emergency air ~ransport service to critioally injured and ill persons in a thirty mile radius around Chester- field County; and WHMa=AS, The chesterfield County Board of Supervisors wishes to express their appreciation for Colonel Snthard's long and distinguished public ~arvice to the County ~f Chesterfield and th~ ConLmonwealth of Virginia; and W~A~, Colonel ~u~hard was appointed Secretary of Public $ufety ~or the Co~onwealth of Virginia on January 4, 1990. NOW, TH~FOR~ BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognize~ and expresses its gratitude and sincere appreciation to The Honorable Robert L. Suhhard, Secretary of ~ublic ~af~ty, for hi~ extraordinary co~i~ent and loyalty to public ~rvice and cOnvey~ be~t Career as a Cabinet Member for the Administration of Governor Douglas L. Wilder. 9u{hard, cO~nded him for his outstanding leadership an~ distinguished career during his tenure with the virginia state Police, congratulated him upon hi~ appointment a~ a Cabinet ~mber ~or the A~inistratlon of Govern~r Wilaer an~ wished h~ appreciation for the sooperation amd co~itment of hi~ mt=~ ~nd all tho~e within whom he had'worked ~%hin %he County who fortmnat~ to hav~ %ha ~taff it has ~n th~ public safety arena; and co~ende~ the Boar~ for its ~ore~ight %o encourage and par~icipa=e with Coun=y you=h in governmen~ funcuion~. Mr. Masdsn introduced Ms. Barbara Bennett, recently hired Director for the ~ffice on Youth, who eeprssse~ appreciation to the Board for t~eir pa~t and p~e~ent support of Social S~vice~ ~epar~msnt, for which ~e~ar~ment ~hs previously worked; acknOWledged the diligent performance o~ Ms. Janet Assistant to %he office on Youth, who has been coordinating carrying out the duties of that office in the interim, as well as coordinating the Model County Government Day activities. Sh~ further introduced Ms. L~e Cha~e, Program Specialist for social Studies, who briefly explained the purpose ei the ~elva~ encouraged th~ to enjoy their learning experience and presented the executed resolution to Ms. Chase and Ms. Bennett. On motion of the Board~ the following resolution was adopted: WHEREAS~ Citizen knowledge and participation is the foundation on which a democracy is bes~d; and WEEREAS, Knowledge of the ~nctions and prcces~ of local government and an understanding of the problems and issue~ citizenship; and WHEREAS, ~leventh and twelfth grade students' in Chester- field County high mchools have beet studying local government; and WHEREAS, Through a competitive process, a special group of these students ha~ been selected to repre~n~ their schools in "Model County Government Day"--e progra~ that provide~ first- hand experience in the operations o~ local government; and WHEREAS, The Chesterfield Connty Board of Supervisor~ recognizes th~ i~p0rtance of y0un~ people hav~nq Opportunities to learn about their ~oYernment in order to become informed citizen~; an~ W~RRAS, ~he Chesterfield C0un~y Board of Snpervisor~ suppcrt~ activiti~ that cuLtivat~ youth leadership end boitd~ the foundation for citizen participation. NOW, T~ER~FORE BE IT ~ESOLVED, thai the Chesterfield Connty Board of Supervisors ~oes hereby declare May 2~ 1990 a~ "Model County Government Day" in Chesterfield County and calls this observance to the attention of all its citlzen~ On motion o~ the Board, the Board accept~ a donation in the ~ount o~ $~,12~ to the Parks and Recreation Depar~mnt ~und as a contribution toward the "Mooreffeld Art Show" and adopted ~e following re,cie%ion: WHEREAS, Art is a cultural opportunity which should be available to all citizens in Chesterfield Count~; and WHE~S, The Mdorefield krt Show is an avenue to this pursuit; and WHE~AS, Th~ financial contributions and support Qf Monaoch D~velopment, Inc. and Moorefield office Park ha~ been instrumental in the development and continuation of ~is important purauie. NOW, TMEREFORE B~ IT ~$0L~D, that ~e CheSterfield County Board of Supervisors doe~ h~reby recognize ~onarch Development, Inc. and Moorefield office Park for their ge~rous AND, BE IT EURTHER ~SOLVED, that the Chesterfield County Board of Supervisors do~ hereby express its appreciation an~ gratitude to %hess me,ers of the corporat~ oo~uni=y ~or thei~ interest in and contribution towa:~ ~ quality of lif~ in Chesterfield County. Mr. Currin presented th~ executed resolution ~o Mr. David Do~glas of Monarch Development, Zoo. and M~. Kathleen Johnson, Parks and Recreation Department; and ~xpressed appreciation for their intere~% in and contribution toward th~ quality of life in the County. 90-352 4/2519~ DONATION q'O ~'ARKS ]M~D On motion o~ the Board, the Boar~ asce~ted a donation in tbs amount of $20,000 and appropriated $20,000 i~ revenues and expenditures to the Parks and Recreation Department ~un~ as a contribution toward the Twentieth Anniversary of the first Earth Day and adopted the following resolution= WHEREAS~ Allied Fibers is a concerned corporate citizen of Chesterfield County; and remind ns that our environment mast be protected and preserved; and W14ER~AS, Desiring to oontribute to this Twentieth Anniv~rsar7 of the first Earth Day, Allied Fibers nas generously dona=ed $20,000 to the Chesterfield County Parks and WHEP~EAS, These funds will be used to bnild a large picnic pavilion in Feint of Rocks ~ark and to publish a brochur~ about the Department; and WHEREAS, Allied Fibers has previously demonstrated its corporate generosity through a successful presentation by Iditarod champion, Ms. Susan Butcher, at the Winter L~ct~r~ Series; ~nd WHEREAS, Such participation by the business community enables Che~terfleld County citizens to enjoy expanded leisure opportunities. NOW, THEREPORE BE IT RESOLVED, that the Chesterfiet~ Couuty ~oar~ of ~Up~rvtsor$ does h~r~by commend and applaud Allied Fibers for its generous Earth Day donation and for its continuing relationship w~th the Chesterfield County Eark~ and Recreation Department. M~. Currin presented the executed resolution to Mr. I. C. Decnet, ~anager of Human Resourues of Allied's Chesterfield Plant, and Mr. Earl E. Dye, Jr., Manager of Site Services at the Allied Technical Center; and expressed appreciation for the corporate cont~unity's interest in and contribufion %sward the quality cf !if~ in the County. 7.~. ]~C(~'NI~ING k~ OF ~F 14-20, 1990 ~ "NATION~L SAFE KiDS WHE~AS, Accidental injury is the l~ading killer of WHEREAS, The five major risk arums for ~uch injuri~ are motor vehicle collisions, burn~ and soald~ fells, chokings/poisonings and drownings; and ~=~AS, Approxima=ely 8,000 children die each year from preventable injuries and another 50.Q00 children become permanently disabled; and WHE~AS, Increasing ~ public's awareness that inju;ies are th~ leading health %hrea~ {o our ohildren and m~ing childhood injury prevention a nation.iCe goal are key elements ~u solving this probl~]; au~ W~AS, Th~ Chesterfield County Volunteer Rescue Squads and She Chesterfield County Fire ~epartmen~ ar~ dedicated to the safety of life from every =hre~% and re~ogmize th~ value of public education in injury preventiog techniques and emergency response; and WHEg~AS, The Chesterfield County Fire Department, through its membership in the Richmond Area SAFE KIDS Coalition, and the Chesterfis!~ County Volunteer Rescue Squads are joined in this effort by citizens cf this community, businessom, schools, service clubs and organizations in these injury prevention efforts. NOW, T~ER~FOR~ DE IT RESOLVED, that the Chesterfiel~ County Board of Supervisors does hereby declare the week o~ May 14 - 20~ I990 as "SAFE KIDS WEEK" and calls UpOn the citizens of Chezter~ield County to participate in uctiviti~ a~ home, work and school and to remember the National "SAFE KIDS WEEK" theme, ~'SAFE KIDS A~ N0 ACCIDENT!" Mr. Currin 9re~ented the executed rusulution to Captain Robert P. Avsec, Ms. Wendy Carry, ~s. Mazy Parker, MS. Joy Chapman~ Mr. Michael Karle, Ms. Beverly A. Cousins and Ms. Beverly co,unity through variou~ organize%ion to protect the youth of th~ County. ?.F. 1~/{. ~IIAIAMO. DOEPP~, CHESTERFIELD COUNTX Mr. Howell introduced Mr. Doeppe and hi~ wife and co, ended his outstanding knowledge of aircraft maintenance techniques and the diligent service he has providud during his ~enur~ with the County. On motion of the Hoard~ the following resolution was adopted: W~R~AR, Mr. Nilli~ ©. Doeppe will retire from the Airpor=, Chesterfield County, on May 1, 1990; and WHZREAS, Mr. Doeppe has provided ~oven%een years of quality service tO the citizens of Cheeterfield County~ and W~EREAS, Chesterfield Coun=y and the Boa~d of Supervisor~ will miss Mr. Doeppe'$ diliqent SerVice; W~REAS, As the second ~taff member to. join the chester- field County Airport as the Aircraft Maintenance Supervisor,' =he ensuing years, Mr. Do~ppe's willingnes~ ~o aoc~p~ r=sponsibility, coupled with a keen d~ire to I~arn, earned him the final title of Aircraft Maintenance Inspector; and W~AS, Mr. Doeppe's competence at perfo~ing aircraft maintenance i~ acknowledge as the best in the area ~y his cu~tomer~ and peers--as his knowledge of airora~t systems almost boundles~. NOW, TH~R~FO~ ~ IT ~SOLVED, tha~ the County Board of Supervisors publicly reoognizes Mr. William O. Doepp~ and ~xtends on ~ehalf of it~ m~mbers and th~ citizens of Cte~te~field County ~eir appreciation for hi~ s~rvice to th~ COunty. AND, BE IT F~kT~ER ~SOLVED, that a copy of =his resolution be presente~ to Mr. Doeppe and ~ha~ this resolution b= permanently record=d among th~ papers of tkis Board suDervisors of Chest%rflsld County, Virgin~a. Mr. Currln preeonted the executed resolution to ~r. Doeppe! commended him for his lengthy and outstanding career with the County and wished him well in his retiremeu9 endeavors. 90-354 4/25/90 7,G. [{~COGi~IZIWG WEEK OF APP~IL 24-~1~Y 6, 1990 AS "A~E]{ICAN On motion of the Soard, the following resolution was adopted: WHEREAS, A~ericans enjoy more political and economic freedom than any other people on earth, this great Nation is known the world over ss =he "lan~ of liberty;" and WH~A~, Of all the rights we have, one of the most precious is th~ right of each citizen to own, use or transfer real property as he or she sees fit, so long as the rights others are not infringed upon; and WHEREAS~ Owning one's hor~e and preserving these rights foster democracy because it disperses individual decisionmak~ng that collectively af£ects the well-being o~ our cem2~nnity; and ~EREAS, Such ownership requires that people save not only ~or their own he, es bu~ it encourages savings in other ~ecto~ of the economy, creating growth and contributinq to a higher qnality of Iif%; and WHE~AS, T~E RICHMOND ASSOCIATION OF REALTORS, INCORPO~T- to celebrate our constitutional freedom to own real property and ask all citizens in cur co--unity ~u ~oin in reaffirming thi~ basic freedom. NOW, T~E~FO~ BE IT ~SOLUED~ ~hat the Chesterfield County ~oard of Supervisors does hereby r~co~nize April 24 - May 6~ 1990 as 'rAmerican ~e Week" and ask tha~ all of the County o~ Chesterfield join with THE RICHMOND TION OF REALTORS, INCOR~O~TED and it~ me~er~ in setting aside thi~ time to remind ourselves that we are a ~reA people endowed ty to protect that riqht. Mr. Currin pre~ente~ th~ executed re~olntion to Mr. Paul Silver, ~r~sldent o~ ~he Richmond Association of Inc., who was present. 7.H. REC0~NIZING THE W~K OF APRXL, 23-2,~.. 1~99. AS 'NATIOHAL SECReTArIES' ~' On mo%ion of {h~ Board~ the followin~ r~solu~ion was adopted: ~RE~ Th~ importanc~ of professional secretaries to American publio an~ private or~ani=atiun~ has been recognized by the dsslgnation ~f April 23 ~7, 1990 as "National Sscre~ari~s~ We~k;" and classiflca~ion must meet high s~an~ards of performance ~hrough a combination of ef~ective interpersonal abilities citizens and fellow empIoyees~ and k~owledge and application numerouz County and departmental policies and procedures; ~R~AS, The A~minis~rati~n wi~hes to exprmss its appreciation =o all C0unt~ secretaries for their dedication to excellence in public service and for ~heir con,tAbu=ions ~o County ~OW~ THEREFO~ BE IT RESOLED, that the Chesterfield County Board o~ Sup~rvlsors hereby recognizes all secretaries fo~ their invaluabl~ a~i~tance to the County and it~ citizen~. Mr. Currin presented the executed r~otution to Mr. Wllli~, who accepted On behalf of all County secretaries, ~nd expressed appreciation for the dedicated efforts, contributions and invaluable assistance provided %o the County and it~ citizens. Mr. Daniel returned to the meeting. 7.I. REC0~NIZING W~EK OF ~RIL 22-28,..~990 AS #NATIOnaL ~I{ZRIT On mo~ion of ~he Board, the followinq ~es~luticn was adcpted~ benefit~ is necessary if our citizens ars to realize the full benefits of their income; and WEE~AS, The dissemination of info--etlon regarding credit NOW, T~FQ~E B= IT ~SQLVED, that the Ch~terfield County Board of Supervisors do~ hereby pr~eDT this re~olu~ion to CwI: C~edit Professionals of Richmond~ Virginia in recogni- Mr. Curr~n Dreaented the executed resolution to Ms. Esther Robinson, from CWI: Credit ProfeSstOn~Is of ~icb_mond, who was present. A vote on all re~olution~ presented this date was as f011ows: There were no hearings of citizen~ on unscheduled mercers or claims. 9 · DI~'Ela. I~d2D ITEM~ 9 .A. PUBLIC ~F~q~-NO TO ~O~IDER A~ ORDIN~C~ TO ~$T~LIS~ ~'u~ ROUTE ~O SR'WEF, AZSI~$SMENT DISTINCT; ~D SET PUBLIC ~Ei~IfI~ TO AUTROP~T~.E ISSUANCE OF Re;v~;~UE BONDS ~D TO A~PROPI~XA~ BOI~D ~OC~.,, ~ TOA PPROV~ II~TEPJ-~ ~ Mr. Currin disclosed to th~ Board that he owns proper~y ~hat lies wi~kin %he pruposed ~oute lQ Sewer Assessment District, declared a conflict of interest pursuant ~o the Virginia Comprehensive Conflict of Interest Act and excuseO himself fr~ Mr. Mincks ~tated the public hearing to consider an ordinance appropriate bonds pr0c~ds an~ to apDrove an interim loan from the Sewer Fund Balance had been deferred $ev~ral times ~ith many owners in the propo~d District; however, the tand~ners have not reached a consen~n~ on %he buundaries and structures of the ~istric~ an~, th~r~fore~ staff is reco~en~- lng that th~ 9ublic hearing be deferred until June 27, 1990, at There was no opposition to the deferral, On motion of Mr. Applegate, seconded by ~r. Daniel, the Board deferred until June 27, 1990, at 9:00 a.m., the public hearing %o con$iOer ~n ordinance to establish the Route 10 Sewer 90-356 4125/90 Assessment District and ~t the public hearing %o authcrise issuance of revenue Bonds and to appropriate bonds preceed~ and to approve an interim loan from the Sewer Fund Balance. Ayes: Mr. Sullivan, Mr. Applegate, Mr. Daniel and Ms. May~. Absent: Mr. Currin. Mr. Currin returned ~c ~he moo:ins.' 9 .B. ~'~I~.VAL OF CONTRACT FOR m-~ PUi%C~SB OF A ~ ~ Mr. ~ ~t~t~ that th~ ~oard, ak ik~ March 28, 1~90 deferred ~rci~i~ ~minen~ do~a{n for the e~quie{t{on of water fane slt~ ~n ~in~rp~ck Road fro~ Mr. and Rr{. Tko~ee 8~it~ eno ~$. Franc~ Renu. H~ ~teted, subsequent to m~tinq, staff has ne~otlate~ a contract f~r the purchase of 2.6+ acres, more or less~ for th~ Winterpock Read water tank si=~ from those parties involved. Mr. ~ayes stated he felt ~his matter wa~ an ~xcellent ex,pie o~ resolving issues regarding exercising smlnen~ domain and complimented staff for pursuing all available negotiation avenue~. 0n motion of Mr. Mayes, seconded by Mr. Applegate, the Board less, along ~interpock Road for the winterpoc~ Road water tank Smith and Ms. FranCe~ S. Mann and authorized the County available in the Utilities Capital Improvement Budget for Vote: Unanimous 10. PUBLIC HEAI{INGS 10.A. TO CONSIDER R~SOLUTION CR~A~ING T~ CENTBAL ~IRGINIA WASTE ~ANAGFZ~I~TA~THOP~TY Mr. ~a~er s%at~d this date and time had been ~dv~r%ised ~or a public hearing to con~ider the adoption of a resolution creating the c~ntral Virginia Waste Management Authority. proposed r~solueion. ~r, Daniel ~tated the Authority was initiated by a Richmond Regional Planning District Cabin,ion (~PDC) Co~i~tee which included professional consultant advice and planning; Mr. in the right direction bu9 cauaion~d that recycling was only percentage of the ~roblem and %hat the r~alnder o~ ~e neede~ ~ be re~olved. ~essrs. Sulliv~u an~ Cnrrin stated they felt i% was only a part of ~he solution to the problem, tkat it adopted the ~ollowin~ R~$0~UTION CREATING THE CENT~L VIRGINIA WASTE ~NAGEMENT AUTHORITY Co~onwealth of Virginia each d~y necemsikating improved wa~t~ of citizens of thm C~onwealth; and l upon ~ach locality to develop plans by the year 1995 to recycle up to 25% of the solid waste generated in the locality~ and W~EP~AS, the Rickmond/Tri-Cities Area Solid Waste Task Force of the Richmond Regional end Crater Planning District Co~u~izsiens has researched the probl*~ of solid waste ~ent end disposal in the Richmond/Tri-Cities Area and has recommended the fo~a~ion of a waste management authority to b~ known a~ th~ C~nb~al Virginia Waste Management Authority; and W~EREaS, the Board of Supervisors of Chesterfield County adopted a re$0lutio~ on January 24, 199~, expressin~ it~ intent to join th~ Central V~rqinia Waste Management Authozi~y; and ~EREAS, a copy of this re~olubion together wi~ a noti=e stating that on thi~ date and time a p~lic hearing would be hel~ on this resolution was publlshed on Thursday, March ~990 in th~ Progress-IndeE, and On Saturday, March 24, 1990 in the Richmond News Leader pursuant to Section 15.1-1243, Code of virginia, 1950, as ~en~ed; NOW, TEE~FO~, BE IT RESOLVED, that the Board of Super- vi~or~ of Chesterfield County finds it in the public intere~ %o join to~th~r with the Cities of Ric~ond~ Petersburg, Colonial Heights and Hop~w~ll, the Counties of Charle~ City, Goochland, Hanover, Menrico, New Kent, Powhatan, Prince George, and the Town of A~hland to fo~ a waste management authority pursuant to the virginia water and Sewer Authorities Act uccordance with the fo~lowiA9 articles of incorporation. ARTICLES OF INCORPORATION OF CENTRAL VIRGINIA ~A~TE MANAGE~ENT AUTHORITY !. The following political subdivisions have signified Eheiz intention to creat~ mn authoxity pursuant to the Virginia Water and S~wmr Authorities Act (Chapter 28, Title 15.1 of the of Virginia (1950) as ~u~ended) (hereinafter the "Act'~) end the incorporating political subdivimicn~ of this authority: Charles City County, Chesterfield County~ Gooohland CoUnty, Hanover County, Henrico County, Nmw Rent County, County, Prince ~Orge County, City of Colonial Helqht~, CiE2 of Hopswell, City of Petersburg, City of Richmond, the Town of Ashland. 2. The name of the authority shall be the "Central Virginia waste Management Authority" (hereinafter the "Authority") and the addreSS of its initial, principal oifice shall be 2~04 West 5aburnum~ Avenue, Suite 10~, Eiohmond, virginia 23227. ~. The powers of the Authority shall be exercised by s soard of Directors. ~he governing ~ody o~ each member polltiea% subdivision ~hall appoint one cf its r~$id~nts to ~ ~oard and may appoint an alternate who may attend meetings of Authority Board but who shall be entitled to vote only in the abse~c~ of the designated member. Each member and ~hall so~e at the pleasure of th9 apDointlng body, provided khat no term is se% ~oz more than four year~. ~ach m~ber and alternate on th~ Board shall hold o~flce until his/her successor is appointed and qualified. Any member an~ alternate shall be eligible ior r~appointmen~ tO succeed Elm/herself. 4. Th~ names and the addresses of the first members, the na~ues of the appointing political subdivisions, and the date of expiration of the term of th~ first m~mbers are as follows: Fred ~. Darden Rt. lr BOX 175-H Charles City Virginia 23030 William ~. 2101 Gat¢shcad Dr. Howell Virginia 23235 Gregory K. 518 Edg~hi[1 Wood wolfrey ~anakin Sabot Carl E. Rt. 12, Box Davig Meehanie~ville B.T. 9350 Wallo Road Rutledge, Richmond Jr. Virginia 23231 Robert A. ~CR-01, Box 95 Boroughs Barhamsville Virginia 23011 Paul N. 2579 Jude~ Ferry Rd Virginia 23139 John G. 10905 Appletree Ln. V±rqinia 23860 Robert E. ~523 Berkshire Taylor Colonial Heights' Virginia 23834 Clinton H. 813 Smithville AV~. Strong Hopewell Virginia 23960 Richard ~. 16~8 Drury Road Brown Petersburg Virginia 23803 Appoint%gg,Pglitieal ~x~iration Charle~ City County 02/01/91 County of Chesterfield 12/31/93 CoUnty Of Gooehl~nd County of ~anover County of E~nrico County of New Kent County ef Pewhatan Co. of Prince George City of Colonial Eeights City of Hopewell City of Petersburg 01/2¢/94 12131/93 12/31/91 12/3t/93 12/31/93 12/31/93 12/31/93 12/31/93 12/3~/93 Wayland W. 1401 Wilmington Av~. Ciky of Richmond Rennle ~ichmond Virginia 23227 David W. 112 Five Oaks Ln. Town of Ashland Reynal A~hland Virgini~ ~3005 ~. Th~ Authority is empowered to plan, acquire~ ccnstru~t~ reconstruct, improVe~ ~xt~nd~ operate~ co,tract for and rain any garbage and refuse collection, transfer and disposal program or ~y~tem, including wazte reduction, waste material recovery, recycling, resource recovery, was=e incinera=ion~ landfill Operation, ash management, sludge disposal, hou~ehold ~azardous waste management and disposal and similar programs gy~te~s, within one or more of the political ~ubdivisions who are members of this Authority. 6. In order to carry out its objectives, the A~thority is expressly granted all powers and authority contained in the Act with ~he e~c~ption that it has ~o power or authorit~ to 90-S89 4/25/90 however, the Authority may undertake pro~ra~s ~cr the disposal of slu~e from water and waBtewater traa~en~ facilities, 7. Without l~/~itin~ in any way the scope of thi~ pOWe~ and authority so graDted, durinq the first five years of %he Authority, one of the Authority's principal objectives shall be to satisfy the recycling requirements mandated by T~tle lO.l, Chapter ]4 of the Code of Virginia (1950) as a~nded. 4. The Authority shall cause to be made an annual audit of its ~ooks and ra~erds ~y the ~tats Auditor of Public Account~ and an indapenden~ certified public accountant at ~he end of each fiscal year and a certified copy thereof shall be filed promptly with the governing ~edy of ~ach of the member politisal subdivisions. 9. The Authority shall act by a majority vote of votes cast at a meeting wherein a q~oyum ie present. ~ach member shall cast as ~any votes a~ hi~ jurisdiction is entitled to under the following schedule. County, City or Town Population Basis Number of Votes 0 50,000 1 50,0~I 100~000 2 100,0el + 3 A qunrLu~ shall coneist of greater khan ~0 percent of the total no,abet e~ votes allocated. The Authority may contribut~ general funds to specific local project~ with the approval of the Beard by a vets of two-thirds of the total number af votes 10. Daring the interim period from the issuance of the Certi- ficate of Incorporation by the state Corporation Co~i~sion through July 1, 1990, the Authority shall be financed Dy the Richmond ~egional Planning District Ccnunission and the Crater Planning District Commission in proportion to the per participation Of each plan~iag district through e special per capita dues assessment by the respective ~lanning Commission on the Ohar~er jurisdiction m~mbers of the Authority. 1I. As of July 1, 1990, eh~ administrative and general opera- tional components of =he Authority, including advertisement~ education and promotion of recycling and waste management in g~n~ral, shall be financed by =he participating j~rlsdiction$ at a rata of $Q.50 pe~ person per jurisdiction. Thereafter, the Authority will develop and adopt, by a simpl~ majoxlty vote~ an ann~al budget for ea¢~ ~p-ceming fiscal year by the end of Deoe~ber of the precedin~ fiscel year. Local government contributions to the annual operating budget of %he Authority will be assessed on an equal per capita basi$. Population totals uoed for determining both voting representation and fun~ing assessmen=s shell he based u~en either the mast recent decennial census data or the lates~ final population estimate from the Center fur ~u/01ic Service {University of Virginia), whichever is more current. Inipial financing for fiscal year 1991 shall be as follows: Cost Per Person 1987 Per Year Jurisdiction Popula%~ (1990 - 1991) Total Costs Charles City 6,~00 $~50 $ 3,250 Chesterfield 179,400 $.50 $ 89,700 County 90-360 4/2~/90 ¢ooehland I3,200 $.~0 $ 6,650 county Hanover County 51,540 $.50 $ 25,770 Henrico County 202,000 $.50 $101,000 New Kent County 10,600 $.50 $ 5,300 Powhatan County I3,S00 $.50 $ 6,800 County CiTy of Colonial I7,30O $.50 $ 8,650 City of Sopswell 24,20U $.50 $ 12,100 City of Petersburg 40,900 $.50 $ 20,450 City of Richmond 215,200 $.50 $107,600 Town of Amhland 4r960 $.50 $ 2,480 Total 806,20~ $403,100 12. Th~ first year e~pendltures from July 1, 1990 through June 38, 1991 ere estimated au follows: Activity Direct Salaries Fringe Benefits Overhead Direct Expen~ Accounting, leqal & other mobile Total cost $ 37,200 $152,500 $403,100 A more precise estimate of overhead expenditures, capital costs, project propoaais and project service rate estimates for specific projects is impractical as of the date of incorpora- 13. All specific waste mana~sment ~rojects, inclu~in~ adver- tisement and promotion thereof~ shall b~ operated and financed on a project-by-project ~asis. each ~em~er jurisdiction may, in its sole discretfon~ determine whether to participat~ in any project. ~o member ju~isdiction shall impo~e or attempt to ~mpose on the Authority any ho~t community fee or paymen= in lien e~ taxa5 assessment relating to a project owned or operated by the Authority. 14. Political suhdi~islen~ may join or withdraw from ~he Authority in accordance with the requi~ement~ of th~ Act. 15~ The Board Of Directors may adopt and amend any and all bylaws and procedures, not in con~ilct with these Articles or State law, which are ne~a~y for the conduct of the A~thority's 16. The existence of the Authority w~ll expire at midnight, June 30, 2038 unless extended as provided by law. 17. These Articles may b~ emended in the manner prescribed by the Act er other appI~cahle law. ~ IT FURTHER RESOLVED, that this resolution shall take effect from the date of it~ adoption. BE IT FDRT~R RR~OLV~D, that the ~oard of Supervisors authorizes and directs the County Administrator to execute all n~oes$~ry documents to implement this r~solutlen subject to approval of such documents as to form by the County Attorney. Vote: UnunLmous 4-12 OF ARTICL~I,~TINGTO~UBLICDANC~ Mr. fleas state~ thi~ date and time had b~en advertised foe a ~ublic h~a~ing ~O cO~i~er an or~in~nce to a~n~ ~e C~ CO~e xela~ing to public dance hall~. He pr~9~nt~d a brief ~a~y of %he proposed ordinance and ~gges%ed the Board may wish to consider ~snding th~ ~ection of kh~ proposed r~lating to age r~irements by modifying it to include individuals from f~fteen to twenty y~ars of Mr. Lewis ~eynolds Voiced supper% for the propose~ ordinance his firm is interested in providing such an ~stablishment for =he youth of the COunty. Mr. Sullivan stated he felt the proposed ordinance acco~odats the need to provtd~ an establishment whereby youn~ people could suet entertainment in ~ conducive envlro~n~ and felt Mr. Mica~' suggested amundsen= appropria=e. Mr. C~rrin ~a%ed h= f~lt ~m action wa~ a positive approach direction. O~ ~otion oi Mr. Sullivan, seconded by Mr. ADpleqa~e~ the Board adup=e~ the following ordinance: AN ORDINANC~ TO ~END CODE OF THE COUNTY 0F CE~STE~I~LD, 1978, AS SY ~NDI~G SECTION 4-12 0F ARTICL~ I% ~TIMG TO PUBLIC DANCE MALLS BE IT ORDAINED, by the ~card of Supervisors of the County of Chesterfield, Virginia, {1) that Chapter 4-12 of ~he code of the County of Chester- field, 197S, as amended, is hereby amended as follows: Articl~ II. P~lic Dance Halls Sec. 4-t2. Per~ons under fifteen y~ars of I~ shall b~ unlawful for any person conducting a public dance hall to allow any Der~on Under thc age of fifteen to enter or remain in such dance hall unless accompanied by parent or l~gal guard/an. Sec. 4-13. 9er~on~ bo%ween the ages cf fifteen and twen=y ~ears e~ a~e. It shall be unlawful for any p~rson conducting a public dance hall where a!coko1 is being ~erved to allow any person ~etween the aqe~ Of fifteen and twenty to ~nter or remain in such dance hail unless accompanied by a parent or legal guardian. Any per,on conducting a public dance hall may allow persons between tho ages of fifteen and twenty tO enter and remain in such dance hall only if alcohol is neither S~rved nor accessible to ~ny patron, regardless o~ age. See, 4-,14. When operation pr0hibit~. It shall be unlawful for any person conducting a public dance hall to h~v~ such dann~ hell Open on Sunday~ ~etween the hours of 2:~1 a.m. and 9;00 p.m. or open on any other day of the Week between the hours cf 2:00 a.m. and 9:00 a.m. Sec. 4-15. When unlawful to f=equent. I~ shall be unlawful for any person =o frsqllent or visit any public danes hall for the purpose of engaging in unlawful activities. SeC, 4-16. Violations; penalties. Any violation of the provision~ of thi~ article shall be punishable by ~ fine off not more than ~ive hundred dollars (~500.00). on motion of Mr. Daniel, seconded by Mr. Sullivan, the Board gngpend~d its ~ule~ ~o allow simultan~ou~ nominatiun/appoln~- ~ent of Mrm. Mary LOu Cowles to serve on the Co~uni~ S~rvic~m Board. Vote; Unanimous On motion of Mr. Daniel~ seconded by Mr. Sullivan, th~ Board simultaneously nominated/appointed Mrs. Mary Lon Cowlest repr~sentin9 the Dale Magisterial District, to serve on the Community Services Board, whose term is effective immediately and will expire December 31~ 1992. Vote: Unanimous t1.~. CONSENT ITFi~ ll.B.1. APPROVAL O%~I_,D~. ~OR CONSTRUCTION OF ~ESTROOM/CON- CESSION BUII/)IN~S AT W00DLAK~ ~z'~ETIC COMPLE~ On motion O~ Mr. Sullivan, seconded by ~r. Applegate, the Board approved and a~thorized the County Administrator to e×ecut~ the ue~e~sary documents to enter into a co~tract with Lewis & Son, Inc., in %ks amount of $87,178.00, foY the cOnStruCtion of restroom/ooncession building= a= woodlake Athletic Com~lsx. [I~ is noted funds a~e available fr~m the 19S8 Parks Improvement Bond.) ll.B.2. LITTER ~RANTPROPO~AL On motion of Mr. ~ullivan~ seconded by Mr. Apple~ate, the Board authorized the County Adminimtrator TO submi~ the appropriate documents to apply for th~ 1990-91 ~nti-Lit%er Program Grant Dnnpo~aI in th~ amount o~ $IM,555 from the Virginia Division of Litter Control and R~cyoli~g to be used by the Keep Chesterfield Clean Corporation under the coordination o~ the ~xtensien Service; and further, adopted the following WHEREAS, Ths Board of Supervisors recOgnixe$ the existence of a litter problem within the boundaries of Chesterfield County~ and WHEP~F~Sr The Virginia Waute Management Act providem, through =he Department of Waste ~anag~ment, Division o~ Lit=er Control and R~cycling, for %h~ allo=~ion o~ pibliG ~Bn~s X~ 90-3S3 4/25/90 the form of Grants for the purpos~ of enhancing local litter control ~rogram~; and WKEP~P~AS, Having reviewed and congidmr~d' the Regulations and the Application covering administration and uae of said funds. AND, BE IT P~$OLVED, that the Chesterfiel4 County Board of Superviscr~ hereby endorses and sup~ort~ ~uch a program for Chesterfield County as indicated in the a~tached Application From LCG-1. NOW, THEREFOAE B~ IT RESOLV~D~ that th~ County Administrator plan, budget and apply for a Grant which, if approved, will be used to fund said Program and hereby requests the Department of Wa~t~ Management, Division of Litter Control and Recycling, to consider and approve said Application and Program, ~aid P~ogram being in accord with the r~ulations governing use and expenditure of ~aid funds. Vote: Unanimous ll.B.3. $~00~ BOARD GRANT FOR p~P~,~ ASSIST CA~.ER ASSESS- MENU CENTER On motion of Mr. SulIivan~ seconded by Mr. Applega~e, the Board approve~ and a~cepted the ~roject Assist (Assessing Special students in Selected Trades} Career Assessment C~n%er Federal Great from the Virginia Depart~ent of Education in the amount of $55,649.GG, which funds will h~lp provide the services needed ~o assess the increased number of non-handicapped ~efe~als which include a growing number of overage middls ~chool students, an increased number of dropouts end students with a ~eneral lack of motivation toward School and additionally provide relevant data from the career assessment services to assist guidunc~ counselors in helping prepare all students for appropriate career direction; and further, appropriated rev~nu~ and ~xpendlture~ in the ~mount o~ $S5,649.00 to the school Grant Fund for said program. (It is noted no local £und~ are involved in thi~ grant.) Vote: Unanimous 11.B.4. SET DATE ~0R ll.B.4.b. TO CONSIDER ORDINANC~ TO AMEND '£~ CODE OF ~OUNTY, 1978~ AS A~4~ND~.F~), DX A~DING ~CTION ~AT~NGTOANOUNT OP on me,ion of Mr. ~ulllvan, seconded by Mr. Appleqate, the ~oard set thc date of May ~3, ~990, ~% 9:00 a.m., ~or a public hearing to ~onsld~r ordinances to amend the Code Of ~he County of Chesterfield, 1978, as ~end~d, by ~nding SWction 8-38 rela~ing to thm amoun~ of tax on telephone service for ~-911 system and by amending Section ~-8 relating to the cunfin~men~ of dogs and ~eund charge~. Vote: Unanimous I1.B.4.e. TO CONSIDER 'r~ P]~0HIBITION OF THROUGH TRUCK TI~FFIC ON WH~'r~r~NI~I~%DANDH~NTINGCREEK On motion of Mr. Sullivan, seconded by Mr. Appleqate, set the date of June 13, I990, a~ 7~0~ p.m., for a public hearing to Gonsid~x the prohibition of through truck traffic on Whitepine Road and Muntln~creek Drive. 90-364 4125/90 11.B.5. S~A~E ~OADACCE~XANCE This day the County ~nvironmentat Engineer, in accordance with directions from fhi~ Board, made report in writing upon his examination of Firethorne Lane in Squarefield Park, Bermuda District. Upon consideration whereof, and on motion of Mr. Sullivan, seconded by Mr. Apple~ats, it ie resolved that Firethorne Lane in ~quarefield Park, Bermuda District, be and it hereby is establishe~ as a public road. And be it further resolved, that The Virginia Department of Transportation, be and it hereby is requested to take into the secondary System, Firstborns Lane, beqinning at ~xisting Firstborns Lane, State Rou%e 166~, and going southerly 0.1~ mile to end in a cul-de-sac. This request is inclusive o~ the adjacent slope, sight distance and d~signated Virginia Department of Transportation drainage easements. This road serve~ 17 lets. A~d be it iUrther ruuolved, that th~ Board of Supervisors guarantees to the Virginia Department o~ Transportation a 50~ right-of-way for this road. Squarefietd Park is recorded as follows: Plat Book 61~ Page 37, May 3, 1988. Vote: Unanimous This day the Co~nty BnvireD_~e~tal Engineer, in accordanc~ with directions from this Board, made repor~ in writing upon his exzumination of Stilton Drive, Stilton Court and 5ethesda Drive in Mineela, Section D, Bermuda District. Upon consideration whereof, and on mo~io~ o~ ~r. Sullivan, ~conded by M~. Appl~ga~e, it is resolved that Stilton Stilton Court and ~e:hesda Drive in ~neola, Section D, Bermuda District, he and they hereby are established as public roads. And be it further resolved, that the virgini~ DepartmeDt of TsanSportatlon, he and it hereby is requested to take into the Seoondary System, Stilton Drive, beginning at'gh~ intersection with Mineola Drive, Sta~e Route 3530, and go~ng northerly mile to the intersection with Stilton Court~ then continuing northerly 0.23 mile bo the intersection with Bethesda Drive, then son,inning northerly 0.13 mile to en~ in a eul-de-~u~ Stilton Court, beginning at the intersection with Stilton Drive and going easterly 0.06 mile :e end in a cul-de-sac~ and Bethesda Drive~ beginning at %he intzrsection with Stilton Urive and going westerly 0.0~ mile to tie into proposed Bethesda Drive~ Mineola, Section B. Again B~thesda Drive, beginning at The in~ersectiun with ~tilton Drive and going easterly 0.03 mile to tie into proposed Bsthesda Drive, Carrisbrouk subdivision. and designated Virginia Department of Transportation drainage These roads serve 54 lots. guarantees to the Virginia Department of Transportation a 50' 90-365 4/2&/90 right-of-way for ail of these roads. This Section of Mineola is recorded as follows: section D. Plat Book 54, Pages 71 & 72, October 1, 1986. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from thi~ Board~ made report in writing Upon hi~ mxa~inatien of Water Willow Drive and Needle Rush Way in Sachems Head, Phase 3, Clover Bill District. Upon consideration whereof, and on motion of Mr. Sullivan, seconded by Mr. Applegat~, it is resolved that Water Willow Drive and Needle Rush Way in Sachems Head, Phase 3, Clover Rill District, be and they hereby are established as public road~. And be it further resolved, that the virginia Department of Transportation, be and it hereby i~ requested fo take into the Secondary System, Water Willow Driver beginning at existing Water Willow Drive, State ROUte 3750, and going southerly 0.06 mile to the interseotio~ with Needle Rush Way, then continuing so~%herl~ 0.04 mile, ~hen turning and going southeasterly 0~03 mil~ to end in a cul-de-sac; and Needle Rush Way, beginning at the intersection with Water Willow Drive and going mamterly 0.03 mile, them turning and going southeasterly 0.03 mile to end in a col-de-mac. This request im inclusive of the adjacent Slope, sight distance and designated virginia Department of Transportation drainage These roads serve 30 leto. And be it further resolved, that the Board of Supervisors guarant~es to the virginia DeparTment cf Transportation a 40' right-of-way for Needle Rush Way and a variable width 40' to ~0' right-of-way for Water Willow Drive. Thi¢ phase of Sachems Head is recorded as follows~ Phase ~. Plat Book 59, Page 3g, November 16, 1987. Vote: Unan~-~ous This day the CoUnty Environmental Engineer, in accordance with directions from =his seard, made report in writing upon hi~ examination of Royal Cresent Drive, Royal Cresent Way and Narbleridge Road in Bsatheridge~ Section 5, Clov~r District. Upon consideration whereof, and on motion Of Mr. s~ll±va~, seconded by Mr. Applegate~ it is resolved that Royal Creeen= Dri~, Royal Cresent Way and Marbleridge Road in Eeatheridge, Section S, Clover Bill District, be and they h~reby are established as public roads. And be it further r~olved, ~hat the Virginia Department of Transpor=e=ion, be and it hereby is requested to take into the secondary System, Royal Cresent Drive, beginning at e~isting Royal Cresent Drive, State Route 3272, and ~oing mil~ to end at the intersection with Royal Cresen~ Way; Royal Cre~en~ Way, beginninq at the intersection with Royal Creeent Drive and going easterly 0.07 mile to end in a cul-de-sac. Again, Koyal Cresent Way, beginning at the intersection with Royal Cresent Drive ~nd going westerly 0.04 mile to ~nd in a eul-Oe-sac~ and Mar~leridge Road~ b~ginning at existing serbia- ridge ROad, Stat~ ROute 1S25, and going westerly Q.14 mile to ~n~ in a temporary t~rnarcund. This request is inclusive of %ko adjacent slope, ~ight distance and designated Virginia Department of Transportation drainage These roads serve 41 lets. And be it further resolved, that the Board of Supcrvisor~ guarantees to the Virginia Department of Trans~or~a~ion a 50' right-of-way {or al% of these rosOs exeopt Marbl~ridge Road which has ~ variable width 50' to 73' right-of-way. ~his section of 5eatherldg~ is recorded as follow~; Section 5. Plat Book 56, Page 1~ January 20, 1987. This day the Connty Environmental ~ngineer, in accordance with ~irections from ~his Board, made report in writing upon his ~xamination o~ Lynchester Driv=, Bonney Lea Court and Briarwiek Drive in Gregory's Charter, Section A, Clover ~ill District. Upon c0nsidera=ion whereof, and on m0%ion of ~r. Sullivan, seconded by ~r. Appleqate, it is resotve~ that Lynchest~r D~iva~ Bonney Lea Court and Briarwick Drive in Gregory's Charter, Section A, Clove~ Hill District, bs an~ they hereby And be it further resolved, that the Virginia Department of Transportation, be and it hereby is ~squesked to take into tko Secondary System, Lynchester Drive, beginning a~ existing L~nchsster Drive, Stat~ Route 910, and going southerly 0.01 mile to the intersectio~ with Bonney ~ea CouNt~ then continuing southerly 0.10 mile to end in a temporary turnaround; Bcnney Lea Court, beginning at the intersection wi~h ~yDch~star Driv~ and going southeasterly 0.10 mile to end in a c~l-de-~ac; and Hriarwick DriVe~ beginning at e~isting Brlazwick Drive, State Route 2078, and going ~outh~rly 0.10 mile to end in a temporary turnaround. Thi~ request is inclusive O~ th~ adjacent slops, sight distance and designs%ed Virginia Departmen~ of ~ransportation drainage And be i% further reSOlved, that the Board e~ Supervisors ~ight-of-way ior ail cf these ~oads exo~pt Lyncgester Drive which has a 68' right-of-way. Section A. Plat Book 64, Page 59, December 22, 1955. Vote: Unanimous This ~ay the County Environmental Engines,, in accordance with directions from thi~ Beard, made report in writing upon his ex,nineties Of Ambteside Driv~ in Palling Creek Far~s~ Section ~, Clover Hill District. Upon consideration whereof, and on ~otlon of ~r. Sullivan, seconded by Mr. Appl~qate, it is remolved that Ambleside Drive i~ Falling Creek Farms, Section M, clover Hill Distriet~ be it hereby is established as a public road. And be it further resolved, that tko Virginia Department of Transportation~ be and it hereby is requested to take in~o ~he 9C-367 4/25/90 Secondary System, A~bleside Drive, ~eqinning at existing Ambleside Drive, Slate Route 2087, and goin~ ~eutherly 0.03 mile to end in a cul-de-sac. This request is inclusive of the adjacent slope, sight distance and designated Virginia Dspar~lent of Traneportation drainage easements. This road s~rv~ 5 And be it further resolved, ~hat the Board of Supervisors guarantees to the Virginia Department cf Transportation a 50' right-of-way for this road~ Thi~ ~ction of Palling Cre~k Farms is recorded ss follows: S~tion H. ~]at Book 64, Page ~1, Votm: Unanimous This day t~e ~ounty ~nvironmental Engineer, in accordanc~ wikh directions from this Board, made r~port in writing upon his examination of Holly 9race Drive, Holly Trace Co~h and Simplicity Street in ~olly Trace, Section A, Dale District. Upon coneidera~ion ~her~of~ and on motion of ~r. Sullivan, seconded by Nn~ Applegate, it is r~olved that ~olly Trace D~ive, ~elly Trace Court and Simplicity Stre~ in Holly Tr&ce~ Section A~ Dale District, be and th@~ hereby are ~gtablishe~ as And be it further resolved, that the Virginia Department o~ Transportation, be and it hereby is requested tO ~ake into the S~condary System, ~o!ly Trace Drive, beginning at the intersec- tion with Centralia Road, State Route 145, an~ going northwest- erly 0.10 mile to the int~r~ecCion with Holly Trace Co~rt~ then continuing northwesterly 0.05 mile to %he intermection wi~h Simplicity Street, then continuing nor:hweet~rly 0.07 mile to end in a c~l-de-sac; ~o11~ Trace Court, beginning at %he inter~ction with Holiy Trace Drive and going northeasterly 0.01 mile to tie into Holly Trace Court in Holly Trace, section B. Again ~ully Trace Court, beginninq at the intersection with Holly Trace Drive and ~oin~ southwesterly 0.01 mile %o end in a d~a~ 9~d; Simplicity Street, beginning at the intersection with Holly Trace Drive and going northerly 0.0~ mile to tie in:o existing Simplicity gBreet, ~tate Route 2089. Thi~ request is inclusive of ~he adjacent ~lope, sight distance and designated Virginia Department of Transportation drainage These road~ serve 30 lots. guarantees to the Virginia Department of Transportation a 50' rigAt-of-way for all o~ theee reade. This section of Holly Trace is recorded as follow~: $~¢tion A. Plat Book ~2, Pa~e 56, August 9, 1988. Vote: Unanimous Thi~ day the County Environmental gagineer, in accordance with directions from this Bnard, made report in wrltinq Upon his examination of ~nsting Road and ~renspark Road in Courthouse Upon consideration whereof~ and on motion of Mr. Sullivan, seconded by Mr. Appl~gate, it is resolved that Hasting Road and 4125/90 B~nsp&rk Road in Courthouse Woodsr Section 3, Dale District~ he end they hereby are ~etablished as public roads. And he it further resolved, that the Virginia Department of Transportation, be and it hereby is requested bo bake into the Secondary System, Hustinq Road, beginning et existing H~stinq intersection with Branspark Road, thee continuing easterly S.~4 mile to end in a dead end; and Drenspark Road, beginning at the intersection with Eusting Road and going northerly 0.13 mile to end in a cul-de-sac. Again, Brsnspark Road, beginning at the intersection with ~usting Eoad and going souehe~ly 0.03 mile to end in a dead end. This rsques~ is inclasive of the adjacent slope, sight ~istance and designated Virginia Department of Transportation drainage easements. These roads serve 21 lots. And be it further resolved, that the Searfl of Supervisors guarant~es %0 the V~qinla Deps~en~ of Transportation s 50' right-of-way for all of these rosd~. Thiz section of Cour=heusa Woods is recorded as fcl!ows: section 3. Plat BOOk 55, Page 93, Jannary 9, 19~7. Vote: Unanimous 11.~.6. R~0U~BTS FOR BINCO/KAFFL8 P~IT~ on motion of M~. SulIivan~ seconded by Mr. Applegats, the Board approved requests for bingo/raffle permits for the following organizations for calendar year 1990: ORGANIZATION ~alling C~eak ~l~mentary School Raffle The Ben Air-Midlothlan Lions Rafft% St. Michael's ~arents Association Raffle ~ellwood Dlementary P.T.A. Vote: Unanimous Raffle Micas nobed a change in the locabion for The Ben Air-Mid]othian Lions raffle to 5101 Ruritan Place and indicated 4, I990 was the schedule~ ~ate ~ $~id ~vsnt. ll.C. CO~UNITY OEVELOPMA~T ITEMS ll.C.1. S~R~TLIGHT INST~L~ATIO~ COST APPIIOVAL~. On motion of Mr. Mayas, seconded by Mr. Daniel, th~ Board ~ef~rred ~n%il May 2~, ~90, consideration of a request for the installation of a straetllght at the intersection o~ Beach Roa~ and Woodland Pond Parkway in th~ Matoaca District to permit further research of said request. (It is noted there is no ceeb associated wi~h this installation.) On motion of Mr. Currin~ seconded by Mr. Sullivan~ the Board approved the installation of a strss~lighC at 13021 ~ercer 90-369 4/25/90 Court (cul-de-sac}, in the amount of $949.80, to be expended from the Bermuda District Three C~nt RO~d Funds. On motion of Mr. Snll£van, seconded by M~. kpplegate, th~ Board approved obtaining ¢0st estimates for the installation of streetlightz at the following locations: 1. Between the intersection of Lanter Lane with 0id Stage Road and 13408 Old State Road on pole ~JG86, Bermuda District; 2. Intersection of Echo Ri~e Driv~ and 01d E~ndred Road, Clover ~ill Distrlo~; 3. Intersection of Daki~s ~oad "aRd Eybla Road on the southwest corner, Clover Eill District; 4. Intersection of Cottage Mill Road and Walton Bluff Parkway, Midlothien District; and Parking lot exit of the Midlothian Kingdom ~atl Jehovah'g ~itns$sp$, Mi~lothian District. of INDUSTRIA~ DEVELOPMENT AUT~ORI~X FOR ~FINANCING OF' BONDS FOR JO~NSTON-WILAIS ~',~DICAL BULLDOG CO~OP~TiON On motion of Sullivan~ s~co~ded by ~r. Applegate, the Board adopted the following re~olntion: WHEREAS, the Indu~t~ial Development Authority of the County of Chesterfield (the Authority) has considered the application of Johnston-Willis Medical Building Corporation (the Company) for ~h~ issuance of =he Authority's revenue refundinq bond~ in an amount not to exceed $3,395,000 (the Bonds), ~o r~und the outstanding principal amount of the Autho~ity's $3,755,00~ Medical Facility ~irst Mortgage Ray,Due Bonds (Johnston-Willis M~dical ~uilding Corporation), Serie~ of 1980, which were issued to a~sist the Company in constructing and equipping a medical office building facility (th~ Project) in Chesterfield County, Virginia, and has held a public hearing thexeon on April 5, 1990; and WHE~KAS, the Authority has requested the Board of Supervisors (the Board) of Chesteriield County, Virginia (~he County), appxove the issuance of the Bonds in orde~ to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code}: and WHEREA~, a oopy of the Authority's resolution approving a record of the public hearing and a "fi~eal impact statement" ~ith r=spect to the Project have been filed with the Board. dOtTY, 1. The Board h~reb~ approve~ %h~ issuance of th~ Bonds by the Authority for %he b~nefit of th~ Company to %he extent required by s~c=ion 147(f) of ~e Cod~, to pe~it th~ Authority tO a~sist in the refinancing of the Project. 90-370 4/2~/90 2. Approval of th~ issuance of the Bonds, as required by Section 147{f) of the Cede, does not constitute an endorsement Of the Bonds or the creditworthiness Of the Company, but, as r~quir~d by Section 15.1-1380 of the Code o~ Virginia of t950, as amended, the Bonds ~hail provide that neither th~ County nor the Authority shall be obligated to pay the Bond~ or the inheres% thereon or other costs incident thereto except from the ravsnu~a and moneys pledged therefor~ an~ neither the faith or credit nor the taxing power of the Commonwealth, the County nor the Authority shall be pledged thereto. 3. This resolution ~hall take effect immediately upon its adoption. 11.C~4. I~l~R ZONIN~ ORDINANCE C0141~I~0~ i~GA.RDING S~TBACK ON PROP~R"I'Y I,OC. AT~D %~ On ~otion Of Mr. Sullivan, seconded by ~r. Applegate, the Board referred to the Plannin7 Commission for recommendation an amendment to the Zoning Ordinance r~lativo to sotbackg on property %o~ated in Village Districts. Vote: Unanimous 11.D. ~TILiTIES DEPARTliENT ll.D. 1. PUBLIC ll.D.l.a. TO CONSIDER ~I OI~DINANc~ Mr. sale ~tated this date and time had been advertised for public hearing to consider an ordinance to vacate a portion o~ Wadsworth Drive in Sco%tingham ~ubdivislen, ~ection ~, between Lot 25, BI,ok F and Lot 1, Block V. Mr. Morris Mason stated Cardinal Realty Company has requested Subdivision, Sec%ion F, betwamn Lot 25, Block F and Lot ~lock V. There was no opposition present. On motion of Mr. Applegate~ seconded b~ Mr. Hayes, the Board adopted the following ~ 0~IN~CE to vacate a portion of a 60' Road known a~ Wadsworth Drive, ClOVer Bill District, Chesterfield, Virginia, as shown on a plat duly recorded in the Clerk's Office of the circuit Court o~ CheSterfield County in Pla~ Book 21~ Paqes 36 and 37. WH~REA~, Cardinal Realty Co., A Virginia Corporation, has Virginia %o vaeat~ a portion ~f a Road known aK Wadsworth Drive in Scottingham Subdivision, Section F, Clover Kill D~strlct, of record in the clerk's Office of the Circuit court of said County in Plat Book 21, Pages 36 and 37, made by Lewis & dated AugHt 20~ 1973, The portion of road petitioned to be vacated is more fully described as follows: A 60' Road known as Wadsworth adjacent to Lot 25~ Block F~ and Lot 1, ~lock V, and ~ithin =he 90-371 4/25/9~ Area in $cot=ingham Subdivision, Section F~ the location of which is more iully shown, on a pla~ by Lewis & OWenu, dated August 20, 1973, a copy of which is attached. WR~R~AS, notice has been given pursuant fo Section 15.1-431 cf the Code of Virginia, 1950, as amended, by advertising; and W~=R~AS, no public necessity exists for the continuane~ of the portion of read sought to be vacated. NOW T~ER~FOR~, B~ IT O~DAINED ~¥ TH~ BOARD OF SUPERVISORS OF C~$T~I~LD COUNT¥~ VIRGINIA: That pursuant to Section t5.1-482(b) of the Cod~ of ~, 1950, a~ amended, %he aforesaid portion o£ road bs eraby vacated. The Grantaas hsreb~ convey nnfo the Co=nty and the County hereby reserves a 16' waterline easement a~ ~hown on the attached plat. This ordinance ~hall be in full force and affect in mccordancm with SeGtion I~.1-482(b) ef thc Coda cf _~irvinia, 1950, as ~_mended~ and a certifiad copy of thim O~din~Dce, together with the plat attached hereto shall be recorded no sooner than thirty days hereaftar in the Clerk'~ Office of the Circuit Court of Chesterfield County, virginia pur~ant to section 15.1-485 o~ the Code of Virginia, 1950, ae an%ended. The effect of this Ordinance pur~uaut te Section 15.1-483 is to dastroy the forca and e~fect of the recording of the portion of the plat Vacated. This Ordinance shall ves~ fee simple title to the centerline o~ the poztion of road hereby VaCated in the owners Of the slatting lots within the Scoffing- ham Subdivision, section F, fr~e and clear of any rights of public use. ACcOrdingly, this Ordinance shall b~ iDdexed in the names of the County of Chesterfield, as grantor, and Joh~ S. Holmgren and Phyllis H. Holmgr~n, (husband and wife), and Ronald ~. Sylvester and Theresa ~. sylvester, (husband and wife), and Cardinal Realty co., A Virginia Cerporation, or thair successors in ti=le, as grantee. lI.D.l.b. TO CONSIDER A~ O~DTNANC2~ TO ~ACA~ A ~O~ION OF IN ~S~DI~kbN' 9~, ~S 6 ~ 7, B~CK B, SECTION 1, public hearing %o consider an ordinance to vacat~ a portion of aD eight foot easement and a fifty foot gr=en~ay easement in R~divislon of Lots 6 and 7, Block ~, Section 1, Riggers ~o one camo forwar~ to speak in favor cf or against the matter. On me,ion of ~r. C~rrln, seconded by Mr. Mayas, the Board adoDt~d the following AN ORDIN~CE to vacate a 50' Greenway ~asemunt and a portion Of an 8' ~asement across Lot 14, Re~ubdlvisio~ of Lots 6 =n~ 7, Block ~, Saction 1, Rigg~r~ Station, Bermuda Magisterial'District, Chesterfield County, Virginia, as Shown 90-372 4/2~/90 on a plat thereof duly recorded in the Clerk's Office of the Circuit Court cf Chesterfield county in Plat Book 58, Page 33. W~E~E~AS, George B. Perklnson and Cynthia S. Perkineon, petitioned the ~card of Supervisors of Chesterfield Countyt Virginia to vacate a 50' Greenway ~a~emen% a~d ~ por~ion Of 8~ easement acroes Lot 14, Resubdivision of Lots 6 and 7~ Block B, Section 1, Riggers Station, ~ermuda, Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Cl~rk'$ Office of the Circuit Court of said County in Plat Bock 58, Page 33~ made by Charles C. Townes A~soeiat~e, ~.C.i' dated July 14, 19S?. The easement and portion of easement petitioned fo be vacated are more fully ~ ~' Greenway eaesmant and a Resu~division of ~o~S 6 and 7, ~lock B, ~ions o~ which are more fully shown, ena plat made by Charles C. Towhee ~ Associates, P.O., dated July 14, 19~7, a copy of which i~ attache~ h~rete and made a part of this Ordinance. W~ER~AS, notice hae ~een given pursuant to Section 15.t-431 of the Code o~. ~j%~$inia, 19B0, a~ amended, by advertieing; and WH=~AS, no Dublis necessity exists for the continuance of the easement and portion of easement ~ouqht to b~ vacated_ NOW THER~POR]~ B~ IT 0R~AIN~D ~Y T~ ~0ARD OF OF C~ESTERFIELD COUNTY, UIRGINIA~ That ~ursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid easement and portion of easem%nt b~ and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section t5.1-481(b) of the Cq~e_of ViLginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded ne sooner than thirty days h~reaft~r in th~ Clerk's Office of the Circuit Court o~ Chesterfield County~ Virginia pursuant to Settled 1~.I-48~ oi the C~e of Virginia, 1950, as The effect of thi~ Ordinance puruuant to Section is to destroy the force and effect of the recording of she portion of ~he plat vacated. This ordinance shall vest fee simple title of the easement and portion of easement hereby vacated in the property owner of lot 1 within Resubdlvisien of Lots 6 and 7, Block B, Section 1, Riggers Station free and clear of any rights oX public use. Accordingly, this Ordinance shall he indexed ~n the names of the County of Chesterfield, as grantor, and Georg~ ~erkin~cn and Cynthia s. Parkin~en, or their eucce~ecre in title, as grantee. Vote: Unanimou~ ll.D.2. CONSEN~ ITemS ll.D.2.a. SET DAT~ FOR PUB&IC ]~%~DJ~G TO CON~IDERAN AMENI1M]~T TO SECTION 20-42.1 OF THE ITA~ER ~ SE~ER OP/)INANCE R~Ia%TING TO R~IRED FAYPIS~T FOR ~ATERb~N~$ On ~otio~ Of Mi. S~lliva~ seconded by Mr. Applegute, the Board 4/25/90 set the date of June %3, 1990, at 7:QQ p.~.~ ~or a public hearing Cc consider an ameadment' to ~ctlon 2~-~.1 of th~ Water and Sswer Ordinance relating to required payment for Vote: Unanimous ll.D.2.b. I~QU~ST FOR PERF~T$SION FROM NLR. ~ t~S. GEORGE ~NT IN RIGGERS STatION On motion of Mr. Sullivan, seconded by Mr. Applegate, th~ Board approved a request ~rom Mr. and Mrs. George B. Psrkinscn for permission for pipe running ~rom a septic tank to dr~infields located in the rear of the lot %o encroach on an exi$itng 8' easement across Lot 1, Resubdivision of Lots 6 and 7, Block B, Section 1, Rigger~ Statlen, subject to the e~eution of a license agreement, with the understanding that %hey be responsible for any damage dona to the u~erg~o~nd cable. (It is noted e cody of said plat i~ filed with the papers of =his Board.) 11.D.2.~. AWA~.,~GIN~P~NG CONTP~qCT TO HA~E~AM~_~0%Wy~R~ P.C. 0n action of ~r. Sullivan, a~conded by ~r. Applegat~, the Board award~ an ~ngineerin~ contrae~ to 5axed and Sawyer, the ~ount of $78,500.00, for improvements to th~ Swiit Creek Water Treatment Plan which are necessary to a=hieve compliance with the 19~6 Safe Drinking Wa=er Act ~endmen%s and which contract is for bench scale testing to evaluate alternative ~reatment techniques~ and further, authorized the County Administrator to execute the necessary documeDts ~o awar~ maid contract. (Funds for this project are appropriated in the current Capital Improvement Budge%.} ll.D.Z.d. ~RO%~AL OF i~RRW~ FOR FACATION AND ~DEDI~TION On motion uf ~r. Sullivan, ~econ~ed by Mr. Appl~gate, the Board approved the vacation and redcdication of th= sewer easement across property of Suburban Village, Inc., A Virginia Corporation, and authorized th~ Chai~an of the Board and ]l.D.2.e. ACCE~Ti%N(~ O~ D~EBS OF DED~A~?ON ll.D.2.e.1. ATi)NG PAM~ AVI~I~ FROH MR. AND MRS. C. E. RS~S 0n motion O~ ~r. Sullivan, ~eoonded by Mr. Applag~t~, ~he aoard accepted ~n behalf of the County ~he conveyance of a 5' str~p of land a~ong P~s Avenne from C. E. Estes and Dorothy T. E~te~ and authorized the County A~ini~trator kO execute tho nec~s~y deed of dedication. (A COpy of ~aid pla~ i~ ~iled with the papers of this Board.) Vote: unanimou~ 90-374 On motion of Mr. Sulliva~, seconded by Mr. Applega~e, the Board accepted ou behalf of the County the conveyance of a 6' utrip of land along the ~astern right of way line Of Genito Place from Gordca ~. ~ower~ Investment Partners Four, A Virginia General Partnership and authorized the County Administrator to execute =he nsee~sar~ deed of dedication. (A copy o~ said plat is filed with the papers of this Board.) Vote: Unanimous 11.D.2.e.3. ALONG WILLIS ROAD FROM MS. DORfFIm~ T. ESTI~$, TRUSTEE On motion of Mr. ~ullivan, seconded by Mr. Applegate, the Board accepted on behalf of the County the conveyanc~ of a 15' Strip of land along willis ~oad from ~s. Dorothy T. Estes, Trustee a~d a~the~i~ed the County Administrator to execute the necessary deed of dedication. (A copy of acid plat is filed with the papers of this Board.} Vote: Unanimous 11.D.2.e.4. ALONG /FEFFEILSON DAVIS HIG~IAY FROM PRE CON, On motion of Mr, Sullivan, seconded by Mr. Ap9legate, the BoaEd accepted on behalf of the County the conveyance of a variable width strip of land alon~ Jefferson Davis Highway (U.S. Rout~ 1 and 301) and a 80' strip of land p~rpendicnlar to Jefferson Davis Highway for proposed Forest Lake Road and authorized the County Administrator to e~ecu~e the necessary deed of dedication. (A copy of said plat ia filed with fh~ pa~er~ of this Hoard.) ll.D.3. I~PORT~ Mr. Sale ~rssented the Board with a report on the developer 11.E. Mr. Ramsay presented the Board ~th a ~tatus report on the General Fund Contingency Account, G~n~ral Fund Balance~ Reserve for Futnre Capital Projects, District Road and street Light Fund~, L~ame ~urchasss, School Hoard Agenda and the Board's Public Hearing Schedule and Dinner m~etings. Mr. R~msey stated tho Virginia Depur~en~ cf Transportation has formally no=iliad ~he County of the accegtanee of the following roads into the Sta~e S~condary ~DITION5 TAYLORS LA~ING - PHASES ~ z III (~ffective Routa 4420 {BOOnea Trail Road}- From Aoute 763 to 0.06 mile Northeast ~oute 4423, 0.25 Rout~ 4~22 (Landing Circle) - From Route 4420 to 0.12 mile N~rth Route 4420. 0.12 Route 4423 (Boonesboro Drive) - From Route 4420 tO 0.05 mile North Ro~te 4425. 0.23 Mi. acute 4424 {soonesboro Circle) ~ From Rearm 44~3 to 0.03 mile Northwest Route 4423, 0.03 90-~75 4/25/90 TA~LOR~ LA,DING - PHA~E$ II & II! (Effective 4/9/90) (~ntinuedl Route 4425 (Doone~boro Court) - ~rom acute ~%'23 to Q.05 mils East Route 4423. 0.05 ASHTON WOODS NORTH - $~CTI0~ R {Effective 4/9/90) Route 4000 (Ashtcn Woods Drive) - From 0.02 mile ~ast R~ute 4~02 to 0.05 mile ~a~t Reu~e 4004-west. Route 4004 {Sunset Knoll Road) - From Pleasant Ridge Road-South to Sir Rinnadan Drive. Route 4004 {Pleasant Ridge Road) - From Sir blnn~dan Drive to 0.08 mile South Sunset Knoll Road. CREEKWOOD - SECTION ~ (Effective 4/6/98) Route 347~ (Wfh~ng Cxe~k Lane) - From 0.03 mile' West Route 2255 to Q.0~ mile West ~oute 3478. Route 347~ (Creekbend Court) - From Route 3479 to 0.05 mile Suuth Route 3479. CHIMI~EY HOUSE - SUCTIONS 1 ~ 2 (Effective 4/6/90) Route 446G (Chlmney House Road) - From Route 192~ to 0.08 mile South Route 4663. ROUte 4461 {Chimney Mouse Court) - From Rout~ 4460 to 0.14 mile South ROUt~ 4460. MouCe 4462 (Chimney Mouse Place) - From Route 4460 to 0.07 mile South Route 4460. Route 446) (chimney House Terrace} - F~om Ruut~ 4460 to 0.16 mile North Route 4460. ~ANDEL COUR~ P~A$= II ~ B (Effective 4/6/90) 2152 (Handel Court) - From 0.22 mile Wegt ~51 to e×isting Route 2283. 0.10. Mi. 0.2~ MA. 0.29 Mi. 0.10 Mi. 0.05 Mi. 0.23 Mi. 0.11 Mi. 0.07 Mi. 0.16 Mi. 0.12 Mi, RENUMBZRING - (effective 4/6/90} Route 2152 (Handel Court - 01d Rout~ 228~) ~ From Route 22~2 to 0.0~ mile East Route 22S2. 0.0S Mr, Sullivan noted thm reports reflected that the number of single family =asidentiel building permits had increased this year~ contrary to previous Statements ~ertaining to impact fee~. On motion of Mr. kpplegate, seconded by Mr. Daniel, the Board suspended its rules to allow amendment of the agenda to include a~ Executi¥~ Session to ~iseus~ the condition# acquisition or use of real property for public use pursuant to section 2.1-344(a) (3) of the Code of Virginia, 1950, as amended, which. would be h~ld immediately followin~ tb~ meeting with Model County Government Day students. Vote: Unanimous 90-376 4/25/90 ll.F. MEET WITH MOD~L COUF~XGO~.DAy ~T~DENT~ The Board met individually with students participating in Model COunty Government Day activities to df~cuS$/~escrib~ the dutie~ required of the local government position~ tho~e ~tudent$ would public use pursuant to Section 2.1-344(a) (3) of the Code Of V~, 1950, as amended. on motion of ~r. Applegater seconded by Mr. Sulllven, the Board went into ExeCutivE Session to discuss the condition~ acquisi- tion or use of real property for public use pursuant to Section 2.1-~44(a) (3) of tke ~o~e of virginia, 195~ as amended. On motion of Mr. Sullivan, ~econded ~ Mr~ Applegate, the adopted the following resolution: WEEREAS~ the Boa~d of Supervisors has thi~ day adjourned into Executive Session in accordance with a formal vote of Board, and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virqinia Freedom of Information Act effective July 1, 19S9, provides for certification that such Executive Session was conducted in conformity with law. NOW~ TREk~FOR~, ~E IT EESQLVED that the Board of County Supervisor~ does hereby certify that to the be~t of each member's knowledge, i} only public business matter~ lawfully ®xempt~d from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification appli~, and ii) only such public business matters as were identified in the Motion by which the E×~eutiv~ ~elon was convened were heard, discussed or considered by the Board. No member dissents from this certifi- cation. · he Beard being polled, the vote was as foLlewm~ ~z. Daniel: Aye. Mr. Mayes: Aye. Mr, Applegate: Aye, Mr. Sullivan: Aye. ~r. Currln: Aye. lt.G. LUNCH Kitchen for lunch. 11;$5 ~,m. (DST) to travel to glara's rsquezted renowal of Mebile Home Permit 858069 %o pa~k a mobil~ (unimproved), apprex~ateIy 258 fe~k ~c~h 0f Alcott Road and tatter known ~ 7600 Senate Stx~. ~ Map 67-10 (3) Rmyon ~ark, Block 7, Lots 11 thron~h 1~ {Sheet 23). ~r, Poote pre~ent~d a ~ary cf Cass 90SR0184 and stated 5-7 and ~ended Condition 4 %0 allow the ps,anent foundation approved Case 90SROIS4 for seven {?l years, mub~ect to mob~l~ home. rental property. 0nly one (1) mobile hom~ shall be pe~itted ~o b~ p~rked on a~ individual lot or parcel. yard, and other zoning requirements of the applicable zoning district shall be c~plied with, except that mobile home shall be looated ~lo~er than 2~ feet ~o any the exi~=ing addition, may be added onto the mobile ·uch addition may no~ be enlarged, extended, Where public (County] ~a~er and/or sewer ar~ ~vailabl=, 6. Upon bsing granted a ~obite Home Permit, ~e applicant ~h~ll ~h~n obtain the necessary purmit~ ~rom the Office of ~he Building Official. Thi~ ~hall be dona prior the installation or relocation of the mobile home. 7. Any violation Of the aboPe conditions shall be ground~ 90SN0112 In Matoaea Magisterial District, JAMES EArL GATTTS r~que~ted rezoning from Community ~u~iness {B-2) to Neighborhood Busiuess (C-2} on a 0.7 ~cr~ parcel fronting approximately 140 fees on the east line of Jefferson Davis Highway, also fronting app~Okimately 140 feet on the south lin~ Of Arrowfield Road, and located in the .southeast quadrant of the intersection of the~e roads. Tax Map 16~-11 {1> Parcel 7 (Sheet 49). 90-37~ 4/25/90 Mr. Peele stated the applicant ha~ requested a one hundred twenty (120} day deferral cf Case 90aN0112, Mr. David Warriner, representing ~he applicant, s~atad a one h~ndxed twenty (I20) day deferral wa~ desirable. There was no opposition to the request for a deferral. On motion of Mr. Mayas, seconded by Mr. Daniel, the soard de~erred consideration of Case 90SN0112 until August 22, 1990. $9SN0333 In Clover ~il! Magisterial District, DR. CUS~IS COII~M~N requested reznning from Agricultural IA) to R~idantial (R-15). A single family residential subdivision is planned. This request lies On ~ 39.5 acre parcel fronting approximately 1,260 feet on the south line of Genito ROa~, approximately 2,000 feet west of Wootridge Road. Tax Map 4~ (1) Parcel 57 Mr, Peele sta~ed the applicant has requested a thirty (3~) day deferral of Case ~9SN0333. Mr. Duff Radglay, representing the ~pplicant~ stated a thirty (30) day deferral was necessary to discuss transportation concerns. There was no opposition ~o =he request for deferral. On motion of Mr. Appl~gata, ~e¢onded by ~r. sullivan, the Beard deferred consideration of Case ~9SN8333 until May 23, 1990. Vote: Unanimous 90b~0118 In Midlothlan ~agisterial District, ~0BERT D. requested rezoning from Agricultural ~A) to Community Bu~ine~ (C-~) un a 2.3 acre parcel ~rcnting appro×imately 26~ feat on thc north line of Midlothian Turnpike, appfoKima~ely 1,620 feet wast of Winterfield Road. Tax Map 15-6 (1) Part of Parcel (Sheet 7). Mr. Peele stated the applicant has requested a thirty (30) day deferral of Caae 90SN011S. Mr. Jerry ~arney, representing the applicant, stated a thirty (30) day deferral was necessary to r~olve =unceras with There wa~ no opposition to the raquaeL for a deferral. O~ ~otian of Mr. SHllivan~ seconded by Mr. Daniel, th~ ~oard dof~rre~ consideration of Case 90aN0118 until May 23, 1~0. Vote: Unanimous 90SN0139 In Clover ~ill Magisterial District, GEORGE B. ~0W~P~, JR. AND A~S0C~AT~S requested amendment to conditions cf a previous rszoning (Case 88SN0032) relative to density and a~erage lot size ~n a Residantlal (R-12) District. This request lies on a 5~.6~ acrs parcel fronting ~pproximately 8~ feet on the sou~] line of Lucks Lane~ approximately 600 feet wese of Abi~g4on Road. Tax ~ap 38-1 (1) Parcel 25; Tax Map 3~-1 (7) Poplar Creek, Lot 1~ Tax ~ap 38-1 (6) PeDlar Creek, Lots i through 12 and 27 thIough 51; and Tax Map 38-~ (3] Poplar Craek~ Lots i3 through 26 (Sheet 14). Mr. Peele stated fha Planning Commission, at itm April 17~ 199~ meeting, deferred consideration of Case 9QSN013~ ~or thlcty (3O) days and, as a result, it is naaemmary for th~ Board to defer said case for thicty (3O) ~ays pending the commission's opposition to the deferral. On motion Cf Mr. Applegat¢, seconded by Mr. Sullivan, %he Board deferred consideration of Case 905NQ139 until May 23, 1990. Vote: Unanimous /NC. requested amendment to ~onditionat Use Plannsd Development (Case S4Slll} to permit a concrete manufacturing facility in a Light Industrial (~-1) District. This request lies on a 3.0 acre parcel lying approximately 1,~90 f~et off the'east line cf Road. Tax Map 48-8 (1) Part of Parcel 3 (Sheet 13]. Mr. Pools stated the Planning Commission race, ended denial of Case 905N0138 because the area was COnsidered environmentally sensitive and that th@ proposed u~e would have an adverse impact on the snvlronm~nt. Mr. Apple~ate referenoed a letter that had been conv~yed to him, which he submitte~ for the ra¢or~, indicating the applicant's desire %0 withdraw his request. Ther~ was no opposition to th~ requmst for withdrawal. On motion of Mr. ~pplega=e, seconded by Sr. Mayas, the Board accepted withdrawal of Case 90SN0t38. 90~N0134 Iu Clover Hill Magisterial District~ B. GORDON ~F~ASL~Y, JR. requested rezoning from Office Busine$~ Corporate Office (O-~} on a t.9 acre parcel fronting appro×i- merely t20 feet on the east line Of Turner Road, also fronting approximately 730 fe~t on the north llne of cloverleaf Drive, and located in the northeast q~adrant of the intorsection of there roads. Tax Nap 29-i [1] Parcel 16 Mr. Peele presented a summary of Caa~ 905~0134 and stated the Planning Commission recommenOed approval. Mr. B. Gordon Be~ley, Jr. ~Bated tho recommendation was acceptable~ There was nc opposition present. On motion cf ~r. Apploga%e, seconded by Mr. Mayer, the B~ard approved C~se 90SN0134. Vote= Unanimous 90S~0140 ~n ma~oaoa Maglster~al District, I~IKE B~ requested rezonin~ from Agricultural (A) to Residential (R-25] of 7.4 acres? plus a~ndment to proffered conditions on 269.6 acres of an existing sorted Residential (R-J5) tract. ~ single fatally residential ~ubdivision iz ~lanned. These requests lie on total of 277 acres which fronts approximately 3,400 feet on the west llne of Bradley ~ridge Road, ac~oss from Gleb~ Pein= Road. Tax Map 131-2 (1) Part of Parcel 1, Tax Map 131-9 (1) Parcel 1, and ~a~ M~p 131-14 {t) Parcel 1 (Sheet Mr. Peele presented a su~nary of Cas~ 90SNO140 and state~ the Planning Commission reconm%ended approval and acceptance of the applicant'z proffered conditions. Mr. Currin disclosed to the Board that he owns property adjacent to the subject ~i%e, declared a conflict of interest 4/25/90 pursuant =o the Virginia Comprehensive Conflict of IntereSt Act and excused himself from the meeting. A citizen indicated he wished clarification relative to access fo his prup~rty as effected by the proposed request. Mr. would be p/aced in its regular sequence on the agenda. Mr. Currin returned to the meeting. 90SN0147 In Bermuda ~agis~erial District, R~GH ~. CL~ rezoning ~rom Office Business (o) and Residential (R-7) to Neighborhood Business Id-2) on s 0.4 acre parcel ~renting approximately 107 feet on the west line of Lee Street, approxi- mately 90 f~at north o~ West Hundred Road. Tax Map 115-6 (6) Nunnalty'~ Addition, Lots 19 and 19C (Sheet Mr. POOI~ pre,cured a s%um~ary of Case 905N0147 and stated the ylanning commission recommended approval and acceptance of the applicant's proffered condition. Mr. Hugh Cline stated the recommendation wa~ aQe~ptabl~ On motion of Mr+ Currin, $~¢on~ed by ~r. Applega~e, the approved Case 90SN0147 and a~oepaed the following proffered eond~tion~ Prior =o the issuance of a building permit, thirty (30) fe~t of right of way on the west side of Lee Street, measured from the center- line of that part of Lee Street immediately adjacent to ~h~ prop=try, shall be free and unrestricted to and for the benefit of Chesterfiel~ County. Prior to the Of any occupancy permits, additional lane of paYement and curb and gutter shall bs construct- ed along the west side of Lee Street £or the entire frontage of the subject property, vote: Unanimous 90~N0140 In Matoaca ~agisterial District, MTF~ R~R requested ~e~oning from Agricultural (A) to Residential {R-25) of 7.4 aore~, plm~ amendment to pr@ffere~ ~ondltlons on 2~9.6 acres of an ~xis~ing zoned Residential (R-25) tract. A single family residential subdivision is planned. These requests lie on a total of 27~ acres which fronts approximately 3,400 fe~t on th~ w~st line of Bradley Bridge Road~ across £rom Glebe Point Road. Tax ~ap 131-2 (1) Part of Parcel 1, Tax Map 131-9 (1) Parcel 1, and Tax Sap 131-14 (1) Parcel i (sheet 40). Mr. Peele preaente~ a s%un~ary of Case 90SN0140 and stated the Planning Conu~ission r~co~ended approval and accepaanc~ of the applicant's proffered conditions. Mr. Currin disclosed to the Board that he OWnS property adjacent t~ the subjec~ si%e, d~clared a conflict of interes~ pursuant to the Virginia COmprehensive Conflict of Interest Act and excused himself from the ma~ing. addressed the concern~ expressed earlier by a citizen relative ~o access to his property and was agreeable %o proffering a condition that would resolve ~ose concerns. Mr. Micas indicated said proffer relative to access could not be accepted at this time and that the request would hav~ to be deferred for thirty days in order =o obtain the proffer in writing. Mr. Balzer stated a thirty (3~) hay deferral was acceptable. On motion of M~. Mayee, seconded by Mr. Sullivan, the Board deferred consideration of Case 905N0140 until Kay 23, 1990. Ayes: Mr. Sullivan, Mr. Applegate, Mr. Daniel and Mr. ~ayes. Absent: Mr. Currin. Mr, Currin returned to the meeting. 90SN0148 In B~rmuda ~agisteriai District, COG~NTPJX OP RICHMOND requested rezoning from General Industrial (~-2) to Heavy Industrial (I-3) with Conditional Use to permit an electric power generation plant. This request lie~ On a 39.7 acre parcel lying at the ~astern terminus of ~etlen Road, also fronting approxime=ely 1,463 feet on the west line of Inter- state ~5, and approximately 331 feet on thc south line of Chippenham Parkway, and located in the southwest quadrant of the intersection of these roads. Tax Map ~3-8 (1) Part of Parcel 2 and Tax Map E3-12 (I) Parcel 1 (Sheet 16). Zr. Peele presented a summary of Case 9OSN014S and stated the Planning Commission recoI~mended approval, sub3ect to certain conditions an~ acceptance o~ the applicant's proff~re~ Condition. ~r. Jim L~e, repre~en~ing the applicant, pre,eared an OVerview of the subject ~equest, ~%ating ~e facility will be coal fired and will sell electric energy and capacity to Vi~ginla Power and supply steam to DuFont, for which Dugout will supply water for the production of steam and cooling purposes~ ~ated th~ applicant ha~ attempted to add~euu/r~solve the eouc~rns o~ all th~ ~r~a residents rela%ive to noise pollution, traffic congestion, ~nv~ro~ental i~Bues~ preservation of %he wetlands, disposal of solid wa~e, architectural trea~an[~ buffering~ screening, hours of operation, loadlng/unloa~ing of ~oal, signalization, etc.; presented slides ~eDictlnq th~ appearance ~f the subject property and adjacent prop~rtles; sta=~d the propo~d re,est is compatible with existing and aneiclpated general industrial d~velopment in the ar~a and, therefore, reco~=nded conditions were .acceptable. When asked, Mr. ~ark Casper~ Manaqer Of Enviro~ental Affair~ for COgentrix, ~ated the required application p~mlts n~cessary from the Enviro~ental Protection AgeAcy and Virginia Air Pollution Control Board have b~=n ~mitted and are p~nding a=tion by thu~e agencies. Mr. Mark Willi~ of the Virginia Air Pollution Control Board stated that a public nctic~ will be advertise~ and a public hearing conducte~ rela=ive to the rela~iv~ to the coq~neration plant and provide an opportualty Boar~ wish to approve the request and, at th~ appropriate tim~ to ensur~ that a condition was included for th~ applicant to appropriately notlf~ all concern~ resTd~nts of th~ a~ticipat~d hearln~ througA newspaper ad~er~ising and certifi~4 notice. proposed reque~t~ s~at~d he had discuss~d this matte~ wi~h ~r. Lows and othe~ Cogentrix 'representative~ and ha~ visited other Cogentrix faoilities in North C~rolina which operations he fele had no bearing on the proposed Chesterfield ~a=ili~y; stated the project would be beneficial to th~ County in that it woulO ~r~e a multi-purpose, not only providing ste~ ~o DuPont'~ Spruance Plant but also ~lectri=ity CO Virginia POWer ~uffici,nt to acco~odate approximately 145,0~0 home~: ~upported the use of coal for the operation of the facility but would ask that a low-~ulf~r content coal be utilized and that the company guarantee that their coal omission be no greater then that of any Other facility in the County; ~tated he felt the operation of the proposed facility would i~pact net only the Bensley community but aisc the entire County and that ~le Board's primary responsibility is concern for the entire County, not one area; and ~tated he felt the Roard shou!~ make its decision based on the issues and not the numbers of people present. Mr. Emanuel ~punt, M~nag~r for Indus=rial Development, and Mr. Jerry Mstcalf, Assistant Terminal Train ~aster, for CSX Corporation, voiced support for the proposed request. ~r. Spunt stated that Csx serves many industrial fecilitie~ in the ar~a and ~hat the applieant'~ propose~ tras~ line designs, as submitted, have been reviewed on a preliminary basis and submittal ef final designs ars anticipated in the near future. Mr. ~etealf stated he ha~ had p~evious experience with Cogeutrix, ICG.! found the organization to be very professional and assured the Board of their rellebility and commitment to their projects; and indicated he dLd not foresee any problem with noise factors reqardinq the plant's operation, Mr. Rom Fiqg~ Directos of Capacity Development and Operation for 9irginia Power, voiced support for the proposed project; referenced several other cogeneration operations in Virginia and ~ortk Carolina, which operations he briefly explained; stated that, although there wa~ ~r~n$1tlen and challenge involved, those individuals concerned with the planuinq and development of the referenced facilities worked together to resolve their concerns an~ are currently co-existing in harmony and fu~ctioning very successfully; and urged the Board to support the proposed requeot in an effort to make Chesterfield County mor~ ~conomically viable and provide for further development in the area. When asked, Mr. Figg stated that Virginia Power is e0n~idered a paceset%em in th~ fostarlng of a number of small cogeneration plants which results from the manner iD which they orchestrate their bidding process; that power generation matches lead reqhir~me~ts; that the load destination is generally linked to a portion of the transmission line network which services Central Virginia but that other facilities service requirement~ in an ea~tsrl~ direction in the Tidewater ar~a; that there ia a real demand for cogeneration power not only in the eastern portion of the country but al~o in the northeast, midwest and we~t; however, oegeneratien facilities are not unique tn Chesterfield County. Mr. Kioh F0gans volead opposition to the request as the proposed facility will be located too efo~ te his hQme~ expressed concerns relative to fly ash deposita~ pollution of the Jame~ River as well as d~truCt~On of wetlands and buffer~ along the river, noise level~ emitted by turbines located on the sit~ which will Oisrupt the tranquility and quality o~ life in the co~unity~ and urged the Board to deny the request. Mr. Oliver D. Rudy, reprasentinq the owner of the Falling Creek Apar~men~ Complex, no~sd that the proposed project would ~e only 650 feet away f~o~ the closest apartment building~ asked that the Board consider the health, safety and welfar~ of his clients and ~ither relocate the proposed plant to the ~uPeDt sate or another location in the County; and urged the Bomrd te deny the renu=St. Mr. Gilburt Riggins voiced opposition to the proposed request; reference~ the community meeting conducted at Beulah United Methodist Church pertaining to th~ Cog~ntri× Plant which he attended~ and s~bmitted petitions to the Board of other area resident~ opposed to ets request. Mr, ~awrens~ Klebert, President of ~he sensley Area Civic A~oeiation, voiced opposition t~ the proposed requemt, expressing soncer~s relative to the significant visual inlpact of the project, extreme noise levels generated by the operation, air pollution from dust and fly ash and othe~ concentrated pollutant~ the facility will emit, disruption of cc~B~unity tranquility and quality of life; presented petitions containing 769 ~iqnatures of area residents in opposition to Carolina residents expressing their concerns and opinions relative to a Cogsntrix plant Operation located near their homes; urgsd Cogentrix, Ina. %o select another site for its plant; and urged the Board to deny the r~coRLmended rezc~ing as the proposed request could have a catastrophic effect on their oor~munity. ~r. Bryan Walker, a Bensley resident, presented a historic overview of the Bensley community; stated the losation of the sub3ect plant in this area woul~ destroy the potential for one of the fis~st historical tourist opportunities in the 1-95 corridor; referenced the potlutants that would be ~mitted ~y the operation of ~his facility and the severe risk it weald create to other economic development in this area; and urged the Board to deny the request. ~r. Boy Anderson, owner of Palls Virginia, Inc., a window assembly COmpany, stated the coal pil~ for the proposed project would be only 100 feet ~rcm his warehouse and expressed eo~- cerns relative fo the effects of moisture vapor from the cooling towers and coal dust on his business as well as the environmental impact, traffic ccngeshien, noise levels, OVer- development of the subject parcel relative to the ~izo of the plant; et~. ~r. Currin ~tated that i~ was necessary for two cf the Board members to be excused ~rom the meeting within th~ next few minutes and asked that, because of the i~%portance, sensitivity and controversy encompassing this request, if th~ remaining ~peak~r$ could limit their commente ~nd if ~_hat were not possible, he felt it would be appropriate to request a thir%y day deferral so the full Board could bm present to hear the remaining ~est~ony. Mr. Leon Johnson, III, a Bensloy resident, stated he felt the proposed use violates the existing Zoning Ordinance standards; expressed concern regarding the noise pollution that would be omitted from the facility (i.e., ccnstrncticn, bl~w-down, operational, steam blasts, otc.); stated he h~iisved that DuPont could locate the proposed facility on its property; stated a plant of the proposed size should be substantially distanced from a residential neighborhood; and urged denial of the raque~=. Mr. Bill Hastings, a Matoaca resident, reiterated concerns expressed by Masers. Klebert, Anderson and Johnson; expressed concerns with tho use of co~l to operate the facility and its environmental impact on the en=irn County; stated he hoped a cempromise could be reached; a~ sugges:sd consideration 'be given to the use Of natural gas to operate the facility. Mr. Currln noted that it was necessary for Mr. Applegate to bs excused fr~m tho meeting and asked that the Board coneide~ a motion to continue the public hearing to May 9~ 1990, at 2:00 p.m. Mr. ~ioae stated the law requires that the continuation of a public hearing be readvsrtimed and a May 9, t9~0 meeting woul~ not bs sufficient time to accomplish that. It was noted ~here Were other citizens who wished to address %he matter. Mr. Daniel stated that, even though At was necessary for Mr+ Applegate to be excused, the public testimony scold be continued, after which th~ public hearing conld be closed and consideration Of the case could be continued at which time it would be brought back to the Board for a decision. Mr. Currin expressed concern that Mr. Apptegate would not have the 90-384 4/25/90 opportunity to hear the testimony, ask qusstions or clarification to any concerns he may have. Mr. Appl~gate excused himself fram tke meeting. It was generally agremd to recess for ~ive (5) minutes. Mr. Daniel stated he felt it important to continua the public testimony at this time as people were pre~ent who had rearranged their schedules in order to participate reqarding an suggested the public hearing proee~s be ~ompleted at this timer close the public hearing at the appropriate time and then the ~oard could proceed with whatever action i~ deemed appropriate at that time. He stated vldeocassette tapes of the meeting could be provided to those members who were absent for their ~r. Mayas, who al~o was to leave the meeting to attend the Crater Planning District Cor~r~iesion meeting~ stated he felt this issue was too important te leave and indicated he intended to remain; expressed concern fhat the staff and Plannin~ Commission re¢ou~ended approval of the ~ubject request without listening to the concerns of those p~rso~s who have the most vested interest in the co,unity in which this enterprise is px0pesed for development; that the only ~afeguard th~s~ residents have is the Soard of Supervisors; and that h~ agreed the public h~aring should be continued at fhi~ tim~ to h~a~ fha remulnin~ t~stimony so a decision could be ~endered on the ~r. 9ullivan stated he also felt the~e people in attendance should have the opportunity to present their testimony~ however, he felt this matter was not only important to the eitizsns but also to the economy of the County and he was hesitant tc proceed without Nr. Applegata. Ee stated he felt there was mere to a decision-making process than listening to and/or w~tohing a video %ape and, since ~x. Applegate was absent for medical reasons, he felt that~ in fairness to all, the Board ~houtd defer the mutter until the full Board was present. Mr. Currin ~eoapped the events leading to th~ present $1tuat~en; stated soma cf hie constituents felt t_he "fast-traokinq" of thi~ request was unfair; explained the doubl~-advertiaing proos~ as applicable to this requsst~ stated he felt that he had mad~ e~ry effort to provide a~ple opportunity for ~iscusslon, comment, compromise, et~., among the citizens and applicant~ that he was uncomfortable that the ~oard was consi~erinq voting to close the public hearing and vole on the case and that he weald ~ike to continue the public hearing to Ma~ 23, t990, to provide Mr. Applegate the opportunity to continue to participate in the public hearing pr~ce~s, ask que~tions~ etc., which he would be unable to do with a video. Mr. Currin made a motion to defer the public hearing until ~ay 23, 1996, at 2:00 p.m. Mr. Sullivan seconded the motion. When asked, Mr. Mica~ ~teted if the Board cho~e to continue the public hearing, it would effectively preclude Mr. Applegata~a participation in the process as h~ wa~ absent from the remain- ing portion of the public teatlmony. Ha noted hs would not be pre-empted from voting on the request; however, question~ could be raised as to whether or not he would personally be comfort- able voting without the benefit of being presen~ for =he testimony and secondly, in his opinion, it raises legal seek concerns as to the rami£i~ations to the validity of his vote if h~ was net been a full participant in the full process. The Board being polled, th~ vote fo defer the public heaxing until May 23, 1990, at 2~00 p.m., was as follows: Mr. Daniel; Mr. Mayes: Nay, Mr. Applegate: A~sent. Mr. Sullivan: Mr. Caxrin: Aye. . There being no majority consensus, Mr. Micas sta~d the motion failed and the pl~blio hearing would Mm. Bonnie M~Cormick, a resident of ~el~ont Road, ~tated she is not as directly affected bM the proposed request as others present; howsver, ~he f~lt it her da~y as a good neighbor to voice opposition to the proposed reguest and urged th~ ~OaX~ tO deny the ca~e. Mr. William ~olloway, a resident of Chester ~ill Circle, stated h~ difl net want the propossd plant constructed nea~ his recently purchased home; expressed concerns relative to the hours of operation, particularly on the weekends When residents Would like to enjoy the ~ranquiii~y o{ their neighborhood; and urged the Board to use foresight and forethought in rejecting this project. Mr. Mike Clark, a resident of MsadowbruGk Subdivision, ~tated the majority c~ his ueighber~ Oppose this project; expressed concern regarding the monituring of the facility~ suggested an alternate Site he considered; and stated the Board should make its decision based on whether or not the proposed project is in al/ecological aspects Of the County, the adverse Lmpast of this project on the revitalization of the JefferSOn Davis Corridor really nseds ~his projec:. M~. ~os~ Whirr skated she was rea~ed in a community near Roxboro, North Carolina and still has family residing there; noted she had heard nothing positive about the facility located to tbs destruction of natural vegetation in the subject area, =he impact of the proposed plant on h~r ill father'~ health and voiced oppouition to eh~ request. Mr, Don ~owlinq, Prssident of Cogeutri~, Ins., briefly outlined uf~izen participation/meetings, ~ quantity of transmission lng, railroad car movement, etc. He stated Cogent~ix has made and ha~ agreed to make additional concessions in light of those of coal. Mr. Currin re~tated hi~ motion ~o d~fer the public hearing to M~y 23, 1990, a~ 2:00 p.m. Mr. Daniel seconded the decisiveness and inability to act in a prompt, sfficient manner regarding this case and that he was embarrassed by the Board's 4/25/90 ambarrasgmd as he fel~ the Board wa~ perfol~min9 its duty in protecting the citizens. Mr. Sullivan made a substitute Motion to ¢10$~ the public hearing ~nd to consider Case 9DSNO148 on May 9, ]~90t at 7:00 p.m., during whloh t~me Mr. kpplegate could be provided an opportunity to review the case and~ if he $o chOse~ tO participate in bh~ vote at that time. There was ne second. Mr. Micas stated the motion died for lack of ~efer the public hearin~ until May 23, The Board beinq polled~ %he vote to defer the public hearing until May 23, 1990, at 2:00 p.m., was as follows: Er. Daniel, Aye. Mr. Mayer: Aye. Mr. Applegat~: Abment. Mr. Cu~rln: Aye. On motien of Mr. Sullivan, seconded by Mr. Mayer, the Board adjourned at ~:45 p.m. (DST) until 2:~0 p.m. on May 9, 1990. Aye: Mr. Currin, Mr. Sullivan, Mr. Daniel and Mr~ Mayes. Absent: Mr. Applegate, C. F. Currin~ Jr. Chairman