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02-13-91 MinutesFEBRUARY 13, 1991 Mr. M.B. Sullivan, Chairman ~r. C.F. Coffin, Jr., vlcechairman ~Ir. S, H. Applegate Mr. ~arry $, Daniel Mr. L~ B. Ramsey County Administrator ~$, Amy Davis, Zxen. Asst, %o Co. Ad, in. Xrs. Doris DeHart, Asst. Co. Ad, in., Legis. Svce. Inter~overn. Affairs Clerk to the Board Dir., Planning Dept. Ms. Mary Leu Lyle, Mr. Robert L. Masden, DeDuty CO. Admin., Transp. Director MX. Richard ~cElf±sh, Mr. Steve L. ~ioas, Cu. ~rs. ~auline Mitchell, Dir., News & Public Col. J. E, Pittman, Jr. Chief of Police Deputy Co. Admin., Dir., Budg~ & Mr. M. D. Stith, Jr., Sheriff C. G. Williams, Sheriff's Degartment ~r. Prad~rick Willis, Dir. of Human Hr. Sullivun called the meeting to order at 2:00 p.m. (EST) in th~ Aclmini$~ration Building Conference Room (Room 502), ~. WORK S~IONB 1.A. ~O~h~I~YBUDGET Mr. Ja~ Ste~maier, Director of Budget an~ ~anagsmen~, presented an overview of the current s~atus o~ the FY91 Budget and Ievenu~ projections for FY92 and reviewed a list Of budget 91-80 2/13/91 reductions that were being proposed in order to offset revenue shortfalls in the current yeaz and distributed copies of to the Board for thei~ information. (If i~ noted maid copies Discussion, questions a~d comments eAsued relative to reductions in Service re~ardin~ the sprLng vacuum service for leaves, Sappony Road D~npster service and a reduction in library hOUrs; an analysis of the Fund Balance as of June 30, 1990 versus a projected Fund Balance as of June 30, 1991; projected sources of new funds; comparative chart~ depicting total assessed value ~f real estate by category, perCentaq9 of change in persena~ property tax~s and local sales taxes, percents of total ~evenue anticipated from local, State and Federa~ funding, ~rojected us~s of revenues for both County and School debt/operating expenses and proposed ~otal ~eneral Fun~ budget dollars for FY88-92~ etc. It was generally agreed to rm~ain the spring leaf service and to identify a~ alternative expenditure to he conslder~d for reduction; to retain the Sa~pony Read Dumpster mervice; and ~o imple2ment the proposal to reduce library hours as or±~i~alty planned~ It was noted other information presented was infor~atlonel and no formal actio~ was ~e~essar~ by the Board at thim time. It was noted that a work sessio~ With the County'~ ~inancial adPisors would be scheduled February 27, 1991 and School Beard/Admlnietration would be invite~. I~ was ~nerally a~reed to recess for five (5) minutes~ Reoonv~ning: Mr. Jacobsen presented a Synopsis of the proposed Ettri~k yillage Plan, which he stated proposes the stabilization of ~he residential character oi the Village area, and noted there was extensive citizen participation with staff throughou~ the ~ntire planning and developing phases o~ thim Plan. There was ~rief discussion regarding :he variouH aspects of the plan relative to its history, the study area boundaries, eximtin~ la~d us~, eximtin~ zoning, etreetacaping, exim~in~ public facilities, the location of Virginia state Univermit~ in the study area, its future expansion aRd its significant contributions ~o the community; rehabi~ita:ion of the Village through the use of community ~evelepment block grant funds; etc. ~r. Sale crated that staff anticipated bringi~ fOrWard in the near future a request to apply for community development block grant applications for code enforcement programs for the ~ttrick, Bermuda, Dale and possibly the ~atoaoa bi=triot~. ~r. Mayas co,ended staff for their diligent efforts in the development of ~he proposed Plan and in bringing the community together in werkin~ On sa~e;-~at~d he would like to see ~hls Plan developed as comprehensively as the Upper swift Creek Plan~ particularly wi~h respect to preservation of the historic gignificanoe of the Appomattox River fro~ Campbell's Ridge to the Braswell D~m, development of the park as a tourist a==raotlon, and the inclusion of Virginia State University as an attraction fez development of the Village and the Appomattox River; a~d suggested co,aiders=ion be give~ to ~eeking the cooperation of ~eter~burq £~ th~ development th~ river on the south side to further enhano~ the area~ The Board commended staff for i~s diligent efforts in thls endeavor and indicated that later, during the evening session, consideration world b~ given to an agenda ite~ to refer the 2/13/9~ Ettrick Vills~e Plan to the Planning Co,lesion for considera- tion, public hearing and recommendation to the Board. Daniel arrived at thc meeting. ZONING ORDINANCE A~4~N~ RELATIVE TO nTr.,.~oa~n~ Mr. Jacobsen introduced Ns. ~everly Rogers, Planning Zoning Ordinance amendments relative to billboards, outlining ma3or differences between the old and n~w ordinances. ~r. Ram~ey distributed copies of a letter ts the Board from ~Irs. Joan ~irone, an a~ent with Jerry L. Campbell Real Estate, requesting consideration be given to ~uaending the ordinance to address the req~i/emcnts for obtaining permits for real estate signs. (It is noted a copy of said letter i~ filed with th~ papers of ~his Board.) Discussion, questions a~d comments ensued relative ~o ~roDoesd amendmant~ that billboards erected in old zoning districts comply with the req~irem%nts o~ th~ new zoning ordinanse~ specifically, a reduction in the size of billboards in old zonin~ districts ~rom 700 square feet to 38~ s~uare feet, increasing o~ setbacks in old zoning districts from ~i~teen (15) feet to fifty I50) ~eet, e~d increasing the spacing between billboard~ from seventy-fiv~ (75) feet to 7~0 ~eet; There was ~urthar discussion relative to ~he restriction of areas wh~re billbcard~ can be located; a requiremen~ ~hat an existing billboard be removed before a new billboard can be erected; requirements for setbacks between ~illbcards on opposite sidus of the road; =he screening of the rear of billiards; prohibiting the erection of billboards over the tops of buildings~ requiring a Coniltional Use for billboards ~n Indus~riaI (I-2 and I-3) District~ whether or not the entire sign Ordinance or only certai~ Derricks uf same should b~ referred to the Planning Commission for consi~orat±on and public hearing; etc. It was generally agreed that staff prepare a paper outlining the three issues previously discussed to be added to the agenda for the evpning session to refer the Sign 0rdinanc~ to the ~lanning Con%~isSion for public hearing to consider spacing between bill hoards, a requirement to remove a billboard to erect a new billboard, and to consider amendments to the SigB Ordinance ~o addres~ issues raised hy ~rs. Jean Girone relative to real estate Bi.nm. Mr. Daniel noted that even th0~h the ~oard had directed th~ Planning Commission to addr=ss specifically discussed issues, this dons not preciOUs the Commission ~rom rucon~ending other changes te the Si~n Ordinance. Mr. Micas indicated ~his was on motion of Mr. Appleqate, eeco~ed by Mr. Currin, the Board we~t into Executive Session pursuant ~o Sections 2.1-344 (a)(3) and (7], respectively, e~ the Code of Virginia, 1950, as amended, to discuss the condition, acquls~tlon Or use of real property for public purposes an~ to discuss specific legal mailers requiring the provision Of legal advice by counsel rela~i~g to ~he Ja/nes River Sewer Tr~ Extension 91-$2 2/13/91 On motion Of Mr. Applegate, SeConded by Mr. cuzrln, the Board adopted the following WFIEREA$, the Board of Supervisors has this day adjourne~ into Execs%ire Session in accordance with a format vote of the Board, and in accordance with the provisions of the Vi:ginia Freedem of i~formation Act~ and W~R~AS, the Virginia Fre~dem o~ Infor~aticn Act effective July ~, 1989, provides for cer%i£icatlon that such ~OW, TEER~FORE, B~ IT R~$0LV~D that the Board of County Supervisors d~es here~y certify that to the bss~ of each m~m~er's knowledge, i) only public ~usiness matters exempted from open meeting requirement~ under the Freedom of Information Act w~re discussed iH the Executive Sesslon to which this certifi:aticn applies, and %i) o~ly ~uch public business matters as wer~ identified i~ the Motion b~ which the Executive Seaslcn was COnvened were heard, discussed or c0nslder~d by the Board. No member dissents from eertlfication. The Board ~eing polled, the vot~ was as Hr, Daniel: Aye. Mr. Mayas: Aye. ~r. Appie~ate: Aye. Mr. Currin: Aye. ~r. Sullivan: Aye. 3. DIN~R The Buard recessed a~ 4:45 ~cwlet~s TaVern for dinner. p.m. (E~T) to travel to John 4. INVOCA~IO~ Mr. G. H. Applegate gave fha i~vocation. 5. PLF~D~X OF ALLE~I~CE ~O ~-~u~ ~ OF T~ I~l'r~3 ST~$ O~ Mr. Ramsay lsd the Eledge of Allegiance to the Flag of the Qnited Stakem of America. 6. A~PROVAL ~ Mr, Daniel stated ~hat he w~ul4 have liked to hav~ seen the discussion and the development of the polnt~ ~hat ~e~ to the ~inaI motion regarding Item li.J., Discussion of Delegate Watkins ~mpact FeB Eill, expanded upon in more depth since the ~aker of the motion did so ~a~ed on oth~r sup~rviser~ On motion of Mr. Currin, seconded by Mr. Apple~ate, the Board approved the minutes of January 23, 1~1, as submitted. 7. CO~I~ADMINISMTOR~$ CO~TS Mr. Rs_~se~ noted that Ns. Erin Ratliff, production assistant with S~orer Ca~le, had been promoted to marketing coordinator and would no longer be covering the Board meetings. Mr. Daniel reported he attended mA~y ~eetings, one of which was the Virginia Association of Counties (VACo) Board of Directors' meetin~ at which major concern was ~ocused on the many bills introduced in tko General Assembly which affect funding ~or local governments; mtafi~d he had provided Mrs. DcMart with an ~x~ansiva listing of items which evolved from the meeting which it was felt were those needing the most a~tan~ion, the significant ones bein~ the lack cf State funding for education relative to student enrollment; and asked that sta£f olosel~ mon±tnr this sit~atio~ With respect to the budget. Mr. Mayas reported he attended Several events, one of which was e business break~ast n{ the Holiday Inn-Koger Center, sponsored by Philip Morris, ~C,, recognlzin9 the celebration of African-American culture and it~ c0~tributions to the shaping of ~h~ CO~t~'$ history; and tko Education Advisory Co~itte~ ko the Council on Information M~ape~ent, ~t which there was discussion regarding =he lack o~ classified Dosition~ tu supp~r% computer classroom instruction in educational institutions. Mr. Apple~a~e xe~r=ed he attended a jazz concert at virginia :he Hold,ay Inn~Koger Center, ~pon~ormd by Philip Morris, Inc., in recognitio~ O~ the African-~erican Histo~ Month celebration, and expressed appreciation for the efforts of all those involved in th~ endeavors regarding tko event; and ~he Metropolitan Economic Development Council ~DC) mmeting, at which there was discussion regarding the decline of development interegts within th~ last year in the County but noted that the decline was not yet the dog/se being experienced in other areas of the State and Nation. Mr. Cut,in reported he attended the Capital Region Airport co~i~sion (CRAC) mee~ng~ at which Mr. John Mazza, f~il~ was presented a resolution in co~mora~ion of Mr. Mazza'~ ~ervlce; a jaz~ O0~c~rt at Virginia Hall at Virginia State University in recognition Of African-~erican History Month~ and a rally at the Courts Building in support of troop~ s~rving in thm ~r$ian Gulf. Mr. gullivan repo=ted he at~ended meveral fun~tion~ in reco~itlon of the African-~erican History Month celebration endeavor; a rall~ in support of the troops serving P~rsian Gulf not only at the Courts Building but also a ceremony at the old Courts Building at th~ C0ur=house Complex at which yellow ribb0~s were placed around oak trues, in reme~za~c~ of all Chesterfield citizens servin~ in ~rsian Gulf; and a~tandud, with various other Board Virginia Power legislation. 91-84 2/1D/91 C~C~S ]]~T~E ORDER OF PP~S~T~TXON On m~tion of ~r. Daniel, ~cond~d by Mr~ ~S, the ~oard deleted Item 14.F.2.0., Authorization to Exercise ~inent Domai~ for the Acquisition of a ~0 FOOt Sawer Ea~t for ~ailey Bmidg~ Force Main Project Across the Property o~ ~. Road Acceptance, z~tativ~ to whitepine Road Extended and Belmont Road (relocated), Dale District; added Item 14.E.6, Refez Sign ~n~ent to ~he Planning co~ission: deferred until Fsbr~a~ 27, 19~I, Ztem 14.A., Re~olu~ion Requesting Consider a Refere~d~ ~o Approve a Charter ~e~nt Permi%ting the Imposition of Impact Fees, at which time th~ process relative to impac~ ~ee legislation will have bee~ through all processes and at that tim~ bring ~ack a resolution, fo~ the C~itt~e~$ consideration, regarding the imposition of a meal~ tax; and adopted ~he ag~a, as ~e~ded. Vote: Unanimous 10. ~OLU~IONS AND SPECIAL RECO~NIT~C~{$ o ~O~LAIMIN~ FE~UARyAS ~A On motion of the Beard, the following r~ol~tion was adopted: paren~-%eawke~ association in th~ Nation: and WHEREAS, $~udies have proven that parenh involvement l~ad~ to better education of childrea; and WM~EAS, The ~TA provides the most e~c~ive means W~X~EAS, ~he PTA i~ an organization for all dedicated to the well-being of children; and make a difference i~ the live~ of their own and al! childrmn; and ~EREAS, National PTA Founders Day has been eelubrated February 17 since it~ founding in 1897. ~OW, T~FORE B~ IT R~SOLVED, ~hat the Chesterfield County Board of Supervisors does here~ proclaim February, 1991 as "PTA Month" in Chesterfield Caunty a~d encourages citizens to learn how they can get involved in our ~hil~ren~s education. ll. ~]SAP~ING$ OF CITIZ~S (~ X~NSCNEDUL~ ~%'~-rr~,~ O~ cLAr~ Mr. Ray Cash: M~+ Cheri Shepherd; ~s. ~eoky Toth; Mr. Danny R. Wilson; Mr. C~a~les H. Ellis, III; ~s. Darlene F. ~a~taleo; ~s. Suzanne K. Wetzel; and Dr. Jeffrey aanzel addressed the 91-85 2/13/~1 Board regarding the lack o~ sufficient funding for the School ~udget; encouraged the Board to consider rai~ing taxes, if necessary, to provide %he necessary funding ~or education and suggested other alternative method~ for s~]e to continue providing the quality standards of education to which the County is accus[om~d; etc. Several citisens submitted petitions and copies u~ their ~tatsments to be filed with the papers of the Board. The Board expressed its appreciation for the comments of those present and stated their concern~ would be taken into con- sideration~ 12. DEFERRED ITEMS 12.A. AN ORDINANCE TO A~END '.~i~ CODE OF THE COUN~"~ OF u~u~ST~R- FI~LD~ 1978~ A~ AMENDKD~ BY ADDING ~EGTION$ 21-224 THROUGH 21-228 ~ SKCTIC~ 21-1-~.1~ ~OU(~ 21.1-229.14 ~RT.a~ING WATERSHED; and 12.B. Lr/~ER SWIFT CRamS ~LAN; 12.C. AN O~DINANC~ TO AHEND '£~U~ CODE O~ '~ FI~___L~., 1978, A~ AHENDED, BY AMENDIN~ A~D RE~ACTTNN SECTION 20-43 AND BY A~D~G $~CTIC~ 20-63.1 Cq~f~LLY TO ~ANDATOR¥ WA'r~a~ AND S}~ CONNECTIONS IN ~ UPPER ~W~T CR~. WATeRSHeD Mr. ~ale stated at ~he January 9, 1991 meetin~ the Board closed the ptublic hearings and deferred action un%il this date on the u9per swift Crack Rlan and ordinances to amend the Code of the County of Chesteriield, 1978, ag a~nded, relating generally to the Upper Swift Creek Watershed a~d to mandatory water and sewer connections in same, respectively. Whe~ asked, he explained the purpose of the p~oposed plan and ordinance ~end~ents was ~O ~uide ~he future development of the Upper Swift Creek area and achieve/maintain water quality in same. DiSCUSsion, questions a~d oom~en~s ensued relative to development per~ormanc~ criteria for the Upper Swift Creek region; a water quality management ~rogram ~or the Upper Swift creek watershed to protect the water quality Of the reservoir; the proposed reoommsndati0n that ~uture development in the swift Creek Reservoir watershed ~se public water and mower to ensure orderly gro~h, cost-efficient delivery of public utilities a~d a reliabl~ water supply and wastewater disposal; the more restrictive oellin~ levels for non-point source pollution as proposed in the Upper Swift Creek Plan versus that in the Chesapeake Bay Preservation Act ordinance~ comparison of the averag~ annual ~kosphorus lead within the Swi~= Creek Reservoir water~hed in the County (i.e., existing conditions, condition levels permit=ed by the proposed ordinance, projected loading if all development w~re able to opt m~t of Chesapeake Bay ordinance requirements, and ma~i~um loading if all development were to meet Chesapeake Bay ordinance requi=e~ents); the impact, if any, if the density and non-point source pollution levels w~re to be reduced from these o~tlined in the proposed UDDer Swift Creek ~lan; the the mandatory r~quirement for the use of public water and/or subdivision lots recorded prior to the efts=tire date o~ the sources in their area ultimately impact the Bay; the equal and equitable applicability of the proposed ordinances to the region; the initiation of similar studies for other areas of the Ceunty s~¢h as the Appomattox ~asin; monitori~ of the phosphorus/lead levels in the water of Swift Creek Reservoir and its major tributaries; mo~itDrin~ of Best ~a~agement Practices; reooram~ndations for appropriate modi~icatiens to the County's Comprehensive Plan a~d/~r Cede if the results of said monitering were to indicat~ a material de~radatlen in the quali~y Qf water in the Reservoi~ and the annual repQrtin~ cf same to the Board of Supervisors, the ~lanninq Commission and the ~zofessional Advisory Qroup~ etc. After fux~her discussion, Ftr~ Applegate suggested ~he Beard adopt the proposed Upper Swif~ Creek Water Quality O~dinan~ with modifications to include u~ilizing the adopted chesapeake Bay Preservation ACt ©rdi~an~ standards (0.~0 lbs. per acre per year for multi-family and n~n-residential development and 0.44 lbs. p~r acre per year fo~ residential development); 2.5 dwellin~ unit per acre r~siden%ial development for the entire watershed region; and to eliminate the Upper Swift C~eek Water an~ Sewer ordinance, a~ the Board could oontrel thc u~e water/sewer and/er eeptio systems through the zoning process. Mr. Daniel S~gested amendments ~o include r~d~¢ticn oi the density from ~.5 ~wellin~ unit~ p~r acre tc 2.~ dwelling units per acre with the understanding that zonin~ b~ subject to msnitoring of %ha water quality and if degrade=ion in the UDDer Swift Creek Basin ware ts occur there would review through the site plan process. Mr. Mayes stated he could support implementation of said standards if County wid~ and in compliance with ~he Chesa~ake Bay Preservation ~ta~dards. Mr. Sulliv~ stated he felt ~uch action would ~r. Currin mad~ a motion, seconded by Mr. Appl~gate, that the Board not adopt a~ ordinagc= to amend the Code of the County of chesterfield, 1978, as amended, by ~ending and r~-enactinq Section 20-43 and by adding Section 20-63.1 relating generall~ to ~an~atory wa=er and sewer conn~ctiogm in the Uppe= Swift Creek Watermhed; that the ~oard adopt the Uppe~ Swift Creek C~$I'~IE~, 1978, ~, BY~DING $~TIONS 21-114 ~OU~ 21-228 ~ SECTIONS ~UGH 21.1-229.14 ~Rr. ATIN$ G~LY ~ ~ BE IT ORDAINED by the Board o~ Supervisors 0f Chester- ~eld County: Article ~iV. Upper Swift Creek Watershed (t) ~at Chapter 21 o~ the Code of the County .of chesterfield, 1978, a~ ~end~, is amended a~d reenacted t6 Sec. ~1~224. UDDer Swift Creek water~hed. The p~uvlsions u~ ~e~tion 21.1-229.10 O~ =hapter 21.1 are S~c. 21-225. Devetopma~ The provision~ Of section 11.1-229.11 of chapter 21.1 hereby incorporated herein by Sec. 21-226. S~plemental regulations; mor~ restriotiv~ ~e provisions of section 21.1-229.12 of chapter 21.1 are hereby incorporated herein by 2/13/91 Sec, 21-227. Exceptions. The provisions of section 21.1-22~.13 of chapter 21.i are hereDy incorporated herein by reference. Sec. 21-228. Exceptions. The provisio~ of section 21.1-229.14 o~ chapter 21.1 are h~reby incorporated herein By ~e~erence. (2) That Article IV of chapter 21.1 of the Code oi the County of Chesterfield, 197~, as amended, is amended a~d r~enacted to rea~ as follows: Article IV. Development Standards Division 6, U~z Swift Creek Watershed Sec, 21.1-229.10. U~per swift Creek watershed. The Upper Swift Crees Watershed ~on$ist$ e~ all land in the co~¥ located upstream of the Swift Creek Reservoir Dam. Eeo. 21.1-229.11. Development regulations. Any use, development or redevelopment of la~d shall m~et the following performance criteria: (a) No more land shall be disturbed than is necessary to provide for ~he desired ~be or development. {h) Indigeno~s v~tation shall be preserved to the ~xlmum exten~ possible consistent with the ~e and development allowed. (C) Land development shall minimize imperious cover consistent with the uss or development allowed, (d) (1) For an~ use, develepment or redevelopment, zt0rmwater runoff shall be eontzolled to achieve the ~ol%ewinG: a. For any new uae or development, the post-dev~lopment nenpoin% source pollKtion runoff load~ phosphorous and lead ~hall not exceed the PhosMhorus a. ~e post-developmen~ phosphorus load for n0~-r~$1d~n~ial uses and residential a= a density gruatur than ~.~ units per acre located ~n areas identified for such uses in The Plan ~or Chesterfield shall ~. The post-dev~lo~m~nt total ii. a. The ~st-devetopme~t total lead identified for such uses in The Plan for Chesterfield shall no~ exceed 0.19 pounds per acre per year. b. The po~t-development total load for all othe~ uses shall no~ exceed 0.03 pounds per acre per year. 91-~8 2/13/91 served by water quality best management practices, the and lead shall be reduced by at lea~ ten percent I10%) after r~develoDment; provided, however, that the loads of such s~bsection d(1)(a) above: and c. For redevelopment sites currently served by water quality best management practices, the post-development nonpoint source pollution runoff loads o~ phosphorus and lead shall not exceed the existing loads or the lords set forth subsectio~ d(l~{a) above whichever are (2) The following stormwater management options shall be considered to Comply with the r~quirements of sub- section 15.1-46~(j) of the code of vi=ginia, 1950, as amended, that implemented pre,ram of stormwater discharge permits pursuant to ~ectien 4~2(p) of the federal Clean Water Act, as set forth in 40 C.F.R. Part~ 122, 123, 124~ and 504, dated December 7, d. For a redevslopment sit~ that is completely twenty p~rcent (20%) Of ~he $i~ tO vegeeated open space. (3) kny maintenance, alteration, USe, or improve- ment to an existing structure which does not degrade the directsr of environmental enqinu~ring, may be ~xempted from the procedures provided in section (e) Where the best management pr~¢t'ioe~ utilized director of environmental engineering. (f) Land upon which agricultural activities are being plan. Such pla~ shall be based upon the Field Office Technical Guide of the U.~. Department of Agriculture Soil Conservation Service and accomplish water quality protection consistent with this sectiun. Such a plan shall b~ approved by =he James River Soil and Water conservation District by January 1, 1995, Sec. 21.1-229.12. Supplemental requlatio~s~ more restrictivm apply. (a) The Ie~Ula=ione for the Upper Swift Cre~k watershed lying zonin~ ~is=rict. (b) Where there is a~y ecn~lict between the d~velopment regulations applicable in the UDDer swift Creek watershed ...... 2 ..........; ............ IL i L ........... under this division and those applicable under any oth~r prevision of this chapter~ the more restrictive regulations shall apply. Sec. 21.1-229.13. (a] Construction, installation, opmration~ and maintenance of electric, gas, end telephone transmission lines, railroads, and public roads and their appurtenant structure~ in accordance with the Erosion and sedimen~ Control Law, Va. Cede Ann. Sections i0~1-560 threuuh 571, or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Boar~ will be deemed to Censtitute compliance with the requirements of this division. (b) Construction, installation, and maintenance of water, sewer, and local qas lines shall be exempt ~rom the requirements of this division provided that: (1) No mor~ land shall be distulbed than is necessary to provide for the desired utility installation; (2) All $U¢~ construction, installation, and maintenance of SUCh utilities and ~acilities shall be in compliance with all other applicable federal, state and local requirements and pek~its and designed a~d Conducted i~ a manner that prefects water g~ality; aud (3) Any land disturbance exceeding aa area of sqllare feet co~plies with all erosion and ~ediment control requirements of chapter 7.2 and this division. lo) Silvicultural actiuitie~ are exempt from the re- quirements of this division provided that such activities adhere tO water quality protection procedures prescribed by the Department of Forestry in its "Best ~anagem~nt ~andbook for Forestry Operations", Section 2~.1~229.14. Exceptions. (a) A re~es~ fo~ un exeeptio~ %o the requirements this ~ivision shall be made in writing to the director of environmental engineering. It shall bs accompanied by an assessment identifying :he impacts of ~he proposed e~ception on water quality and lends within the Upper ~wiit Creek watershed. (b) The director of environmental engineerin~ ~hai1 review the request ~or an ~xoe~tion and the weter quality i~pact assessment and ~aM grant th~ ~x=e~tion with condltie~s and safeguards as deemed necessezy to further tho purpose and intent of this divisi~ if ha find~ (i) Grantin~ the exception will not confer upon the a~plicant any Special ~rivileges that are denied by division to other property owners in the Upper Swift Creek water~hed~ (2) The exception request is net based upon conditions or Cir~stanees that are self-created er self-imposed, nor does the req~es~ arise from conditions or circumstances either permitted or nonconforming that are related to adjacent parcels; to afford relief; (4) The exception request will be consistent with the purpose and ~tent of this divislen, and not injurious to 91-90 ~/t3/91 the nsiqhbcrhcod or otherwise detrimental to th~ wetfar~ (~) Reasonable and appropriate conditions are imposed which will prevent the exception request fram causing a d~gradati~n of water quality. Iai Any person aggrieved by a decision of the director of environmental engigearing coacerning a request for an exception to ths requirements of thi~ division may appeal such decision in accordance with the procedures p~ovidmd in section 21.1-%75(e). DI~CTIV~ WI{ERBAS, Swift Creek Reservoir currently supplies County with approximately fifty percent of its potable water; and ~EREAS, Development of the reservoir's wa~ershe~ will have a~ impact on the ~uality cf water in the reservoir. TH~ DEP~T~NT OF UTILITIES IS THER~FO~ DIRECT~ monitor t~ phosphorus and lead levels in tho water of Swift Creek Reservoir and its major tributarie~ according to p~O~essiunal prao~iO~S and as outlined in r~co~endation~ of Camp DI~sser ~ McKee; to monitor representative B~'s~ to re~o~end appropriate modi~ica=ion~ to the County's Comprehensive Plan and/er C0d~, if the r~$ults of this moRit0ring indicatm a ma=erlal degradation in the quality water i~ Swift Creek Reservoir; and %o r~port these and any reuo~en~e~ modifications to ~he Board o~ Supervisors, to the ~lann~ng Co~i~Sion, and to ~he Professional Advisory Group annually, And further, on motio~ ~ Mr. C~rrin, seconded by Mr. Applegate, the Board adopted the Up, ar Sw[ft creek ~lan, as folluw~: WHEREAS, Ti~l~ 1~.1., Chapter 11~ ~ticlu 4, of the Code of Virpinia, 1950, as amended, requires that th~ pruparation and adoption of a ~0mDrehensive plan fur all local and allows adoption and ~en~ent of ~his plan in parts; and adopted a comprehensive plan on June ~, ~957, origiaally called th~ Central Plan 2000, an~ now referred to a~ the Plan for Chesterfield, which plan, as amended,.i~cludes the follow- ing par~s, as ~ended: the Norther~ Area Land Use and Trans- ~tan, the Eastern Area Land USe and Transportation Plan~ the Western ~ea Land Use and Transportation Plan~ ~he Central Area Lan~ Use and TranspOrtation Plan, the Tho~%uqhfare Plan~ the Bikewa~ Pla~, the Six Year Road ImpIove~ent Plan, the Plan for ~lic Fa~iliti~s~ the Water system Muster ~lan, the WaStuwater System ~=ster PI~, and the Capital Improvements ~EREAS, ~e Board of Supervisors requested ~ha= the 91anning Co~i$$io~ zuview th~ ~xls~ing Northern Area Land Use and Transportation Plan, u part of the Plan for as ~ended, .and de=ermine Wh~th~r amen~en~ ~o said part would b~ needed: and 0~ the UDpe~ ~wif~ Creak Plan as an ~en~ent to said part. ~OW, THEREFO~ BE IT RESOLED, that the Board Sup~rvisors of Chester~ie!d County doe~ hereby adopt =he Upper Swift Creek Plan as an ~e~unt to the Korthern Ar~a Lend and TranSportation ~lan, a Dart 0f ~he Plan for Chesterfield, 91-91 2/13/91 aS amehd~d, to guida and a¢¢o~plLsh a coordi~ate~, adjusted and harmonious development cf the territory covered by the Tha: where previously designated 2.5 units residential density be red, sod to 2.2 units Mr. Currin, Mr. Appleqate an~ ~r. Daniel. Mr. Sullivan~ as he felt a reduetio~ i~ tk~ threshold accelerate eutrophication of the Swift County-wide and was a dottble standard. Mr. App~e~ate requested staff initiate a study regarding the installation of baffles at thm reservoir to impound additional water into the lake which would assist i~ the disbursement o~ nutrients, and ~r. Sullivan requested that staff investigate the ramifications/~easibitit~ o~ ~ransportinq water from tko Lake Chnsdin/Appomattox River region ~o the swift Creek Tko ~oard generally agreed to reces~ ~or ~ive (5} minutes. Mr. Daniel excused himself from the meeting. 12.D. AP~O IIFI~IEIITS On motion of Mr. Mayer, seconded by Mr. ApDlegate, the Board appointed Dr. William Edmonds to ~erve on the Personnel Appeal~ Board, whose term is effective immediately and expire~ December 3t, 1993. Ayes: Mr- Sullivan, Mr. Coffin, Mr. Applegate and Mr. Ma~es. Absent: Mr. Daniel. 12.D.2. t~U~$TERFI~.D ~G~CY PL;tNNING CO~ITTT~ On motion of Mr. Applegate, seconded by ~r. Mayes, the Board appointed the following persons to serve on the Chesterfield Local E~rg~ncy Planning Committee, whose terms are ~ff~tive immediately and expire ~ecsmber 31, 1991: ~r. Barrett Brunsman - Tri-cities chesterfield Mr. Paul Clements - VirGinia Power Mr. Jake Willis - Volunteer Rescue Squads Mr. Jim Wilso~ - ICI Film~, Inc. A~eS: ~r. Sullivan, Mr. Curri~ Mr. Apple~ate and Mr. ~ayes. Absent: Mr. Daniel. 91-92 2123/91 PUBLIC 13.A. AN ORDINANCE TO ~ THE CODE OF FIELD~ 1978, A~ A~4~NDED, BY APPenDInG AND ~R~ACTIN8 S~CTION 14.1-14 RELATINQ TO UNSAWTUL ]~AR~ING OF ~ Mr. ~ica~ stuted this date and time had been advertised for a public hearing to consider an ordinance to amend the Code of the County cf Chenterfield, 1978~ as amended, relating tO ~nlawful parking of MOtor vehicles. Nc one came f0rw~rd to ~peak i~ favor o~ or against the On motion of Mr. ~ayes~ seconded by Mr. Applegate, the Board adopted the following ordina~¢~: AN ORDINANCE TO ~ THE COD~ OF T~E C~DNTY OF C~I~.D, 1978, AS AMENDF~D, ~f AMF~PDiNG AND RE~NACTINQ SECTION 14.1-14 1%ELATIN~ TO ~NLAWFUL PARKTN~ OF MOTOR V~/~ICL~S ~E IT 0RDAIN~D b~ the ~oa~d of SupervisoIs of chester- field ~0Unty: (1) That Section 14.1-14 of the Code of the County of Chestsrfield~ 1978, as amended, is amended and reenacted as follows: Sec. 14.1-1~. Unlawful ~arkin= generally, (c) It shall be unlawful for any person to ~axk a motor vehicle in ~iolation of the pruvision~ of this subsection, and ~vory person rsee±vinq written notice fr~m a police officer that he ha~ co~itted th~ offen~e her~in listed ~ay waive his righ~ to aD, ar and be formally tried for the offense set leith in the notice. ~uch waiver shall be effective upon abe voluntary Da~ent of twenty+five dollars ~o the county trea~ur%r' s offic~ within ~ive days after receipt o~ such ~o~ic= or upon vol~tarily placing like dollars in the mail envelop~ o~ which =he notice of violation is pri~d and mailing it to the county treasurer's office ad that it postmarked within five days after receip~ of such notice. such person ~hall not be thereafter required to appear before in such notice. If such pa~ent is no~ ~ade or postmarked wXthin five ~3) days after receipt 0~ notice of th~ offense, there shall be assessed, in addition to the fine levied, penalty of five do!tar~ (S~.00~, Such offense shall include parking a vehicle: In a parking spao~ reserved ~or the handicapped on public property or at privately owned shopping centers and offices, except any person possessing and properly ~splaying a speeia~ parking pel~mit issued by th~ division Of motor vehicles p~r~uant to ~euticn 46.2-1238 of the Code of vir~in~s; any handicapped perno~ driving a motor vehicle displaying a $=a=e license plate or decul issued pursuant to section 46.2-731 of the Code of virginia, or a person trans- porting a handicapped per,on displaying such plate ur decal~ an~ any dimabled v~teran driving a mc=ur vehicle displaying special license plates issued pursuant to section 46.2-739 of the Code of Virginia, er a persun transporting a disabled v~teraa in a motor vehicle displaying SUch special license plates. 91-93 2/13/91 Ayes: Mr. sullivan~ Mr. Currin, Mr. Applegate and Mr. Ma~es. Absent; Mr. Daniel. TAXES Mr. Micas stated this date and time had been advertised for a the County of Chesterfield, 1978, a~ amended, relating refunds cf erroneously paid taxes. NO One came forward to speak in favor of or against proposed ordinance. On motion of Mr. Applegate, seconded by Mr. M&yes, the Board adopted the following ordinance: AN ORDINANC~ TO AMENDARTICLE 1, CHAPTER 8 OFT HE CODE OF CH~STF~IRr-~, 1978, AS A~NDED, BY ADDING A NEW SECTtf~ 8-12.7 R~LATIN8 TO ~ OF ~C~KOU~L¥ PAID TAXE~ BE IT ORDAINED by the Board cf Supervisors e~ Chester- field County: (1) That Article 1, Chapter 8 of the Code of the County of chesterfield, 1975, as amended, is hereby amended ~y addin~ the following ~eotion~ a) If the commissioner of revenue er the real estate a~sessor is satisfied that he has e~oneou~ly assess=d any taxpayer with a looat =ax, he ~hall certify =o =he treasurer the amount erroneously assessed. If the tax has not been ~aid, the taxpayer shall he ezcnerated ~rcm payment of the tax. If the tax has been paid, the tax together with applicable penalties and interest shall be refunded to the Virqinia~ 1950~ as amended. b) No tax refund shall be made under this section if the request for a refund was made more than three ~ears after the last day of the tax year 9or which the tax was as~e~ed. c) The refund procedure established by this section shall not apply to refunds resulting from the decision o~ the co~issioner of revenue to reclassify a business for busi~$ss liceuse ~axation. such re,ends may, however, be prccemsed in accordanc~ with E~ctions 58.1-3980 and 3981 o~ the Code ¥iruinia, 1950~ am amended. Ayes: Mr. Sullivan, M_r. Currin~ Mr. Applegate and Mr. 1~.C. AN oP, DINANC~TOAM~D x~u~ CODE OF TH~ COUNTY OF FI~:D~ 197~, AS A){]~'~DEDr BY AMENDING AND ~E~ACTING SECTION i2-39 TO EF-~PT TH~ UNITED N~TWO~K FOR ~r. Micaz ~tated thi~ data a~d time had be~n advertised ~or a public hearing to consider an ordinance to amend ~he code o~ the County o~ Chesterfield, 197~, as amended, to ~x~mpt ~he United Network ~or Or,an Sharing from the pa~ent of business Sharing, stated he and the Ccunt~ Attorne~ had ~i~e~ssed the 91-94 2/13/91 request for U~OS~ exemption from pal~ment of future and previously due taxes, noted the organize=ion had been exempted from payment of local businee~ license taxes in other jurisdictions when located there and had assumed the same was ef~eotlve in Chesterfield; and requested that Staff be directed to contact the Attorney General's Office for a ruling on this matter. Mr. ~icas stated that under the proposed ordinance I/NOS wo~ld exempted from paying business license taxes e~ective for the %~9] tax year; however, they would still be require~ to Day previously due taxes and, by law, cannot be exempted from these taxes. Mr. Gene Pierce presented an overview of the ~r~anlzaticn's ac~ivltles, explaining its mi~ion, operational procedures and guidelines, future objectives, eta., and raguested favorable consideration ~or exempting UNOS from the palnn~t of business license tax in the County for the current year and previously due license taxes. Mr. Baril noted the Board's previously adopted resolutio~ Supporting personal property and estate tax exemptions has been approved in the House Committee e~ the General Assembly and is pre~ently under consideration in the Senate, from which it is expected to emerge favorably. There was Board discussio~ regarding the length of time UNOS had been located in =ha County; the ramifications cf an Attorney General opinion i~ thim matter; the economic and financial advantages and/or disadvantages of I7NO$ located in the Cotuaty; etc. Mr. Baril suggested connideration be given to deferring the ordi~a~oe for thirty (30] to ninety (90} days in order obtain an opinion fro~ the Attorney Ganeral~ office on tho legality cf exempting previously due taxes. Mr. George Beadles raised several concerns regarding the license taxes indicating he felt it a conflict of interest for Mr. Sullivan to hear this matter; that consideration ~hould be Given to placing this orGanizatio~ on the donation list oensidered during ~he budget proces~ rather than ~Xempt same from paying bus/ness licens~ taxes; whether or not UNO$ should be exempted from other taxes; etc. Mr. Sullivan advised that he was not a potential candidate any ty~e of tran~plant~ that this issue Was One o~ general praetisality and would not personally benefit him and therefore~ a conflict of interest did ne= e~ist; stated he felt U~O$ was an asset to the County and encouraged ether such organization to locate On motion of ~. Sullivan, Seconded by Mr. Mayes~ the Board a~cpted the following ordinance: AN O~DINANCE TO AMEND 'r~ CODE OF ~ COU~VI"Z O~ C~$T~i~FIE~D, 1978, ~ AMENDED, BY A~t/~DING AND ~RRNACTING SECTIO~ 12-39 TO ~T 'r~u~ UNIT~ FOR ORGA~ SHARING FRO~ T~E PAYP~TT OF BUSINESS LICENSE TAXES BR IT ORDAINED by ~he Board Of supervisors of Chester- field County: [1) That section 12-39 of the Code of the Co~y o~ Chesterfield, 197~, as amended, is amended and reenacted as follows: Sec. 12-~9. Enumerated; amount of license tax. Every per,on engaged in one (1) or more of the following busineeneS shall pay a license tax e~ual to ten dollars ($10.00) for all ~ross receipts below five thousand dollars 91-95 2/13/91 ($5,000.00} and thirty-six hundredths ef one per centum ef thc gross receipts above tire thousand dollars ($5,000.00) for the buslncs~ee eonduated by him as follows: o o o (14) Any non-profit organize=ion that provides nationwide organ donor pioc~rement and transplantation services shall be exempt from the license tax levied b~ this section. (2) This ordinance shall be effective for the 1992 tax Ayes: Nr. Sullivan, Mr. Currin, Mr. Applegate and Mr. Mayas. ~r. Daniel. 13.D. AN ORDINANCE TO A~E/4D ~ 10t ARTICLE %rf~ OF CODE OF 'r~ COlrNT"f OF C~E~'£~a~FIELD? 1978r AS P.F~LATII~G TO ~ DISPOF~kL OF DF~BRI$ WASTE ~ PROVIDING public hearing to =onsider an ordinance to amend the Cod~ of disposal of debris waste and providin~ for a penalty. Landfill Operating and Mtudy Mtandards a~ the subsequent ~tandards adopted by the ~oard o~ Supervisors for the Zoning Mr. Paul Robbinm, owner cf the QualZa Road Landfill, stated he felt Chesterfield County wam setti~ the trend for the appropriate disposal of debris waste, the current process was state of the art but, like most new procedures when implemented, did need a ~ew adjustmennm and/or modifications. On motion of Mr. ApDlegat~, meconded by Mr. Currin, the Beard adopted the following ordinance= AN ORDI~WC~ TO A~ND ~ 10, ARTICLE VI, A~ AMENDED, R~LATING TO '£~ DISPOSAL OF field County: (1) The Article VI, Chapter 10 Of the Code of the County of Ohesterfie~, 1978, as amended, ia hereby amended as Article VI. Disposal of Debris Waste Sec. 10-30. Definltienm. For =he purpom~ ef this article the following termm shall (a) "Approved ~ebris waste laadfill" shall mean (t) a standardm of the county's Siting an~ Operational Standards for Debris Landfills in chesterfield County Debris Dispo~a~ $~udy, or {2) a debris waste landfill located outside of the county which ham a valid license issued by the Co~onwealth of 91-96 2/13/91 Virginia and which is in compliance with th~ requirements of ~uch license. (b) "Debris waste" shall mean (1) stumps~ wood, ~ush and leaves from land Clearing operations in the ~0unty; lumber, wire, sheetrock, brick, shingles, glass, pipe, con- crete, metal and plaetios from ~onstruc~icn operations in the county~ (3) building debris produced from the demolition of structures and their foundations in the ¢ounty~ and (4) debris from iine grading in the county. (c) "Debris waste landfill" shall mean any landfill (d) "Permit holder~, shall mcan the holder of a valid and unrevcked dc~rls waste disposal permit~ filth, association, organization, corporation or other entity. sec. I0-31. Debrig waute disposal permit - required. (a) Land-clearing activi~v. No person shall engage in ta~d clea~ing activity or remove debris wast~ generated from such land clearing activity until he shall first hav~ obtained and shall have in Eo~cu a debris waste disposal permit from obtain a debris waste disposal pe~mlt before he will be issued a land disturbance permit. (b) Buildind and demolition activity. No person shall engage i~ any building or demolition activity for which a ~rom such activity until he shall first have obtained and shall have in force a debris waste disposal per, it from tbs county. Any person who applies for a demol~tio~ or buildin~ p~rmit must obtain a de~ris waste disposal permit before he will b~ issued a demolition or building permit. (c) Hauling a~tivit~. No person hired to remove debris waste shall engage in hauling of any dubris waste g~nerated from building, land clearing, or demolition activity until he shall first have obtained and shall have in force a de~ris (d) ,Assignment. A debris waste disposal permit issued to a p~rmi~ holder may ne~ b~ assigned Or oonvoyed to any (e] Administrative f~e. An administrative f~ may charged by ~he count~ for i~uance cf a debris waste disposal pe~it. ,Sec. 10-32. Debri~ waste d~sp0sal permit - conditions. Th~ following conditions are impoged on ~v~ry person Who land clearing, ~emoli~lon 0r building ~r~it is required, the county shall make a good faith ~$~imate of the vol~e (b) Debris wa~t~ dispOSal. The p~rmit hol~er shall be ance with a valid ~rmit i~sued by the ~=a=e air pollutiog control board. If debri= is sold o~ released for ~r or 91-97 2/13/9I firewood, a bi11 Of dale or release from the property owner must be submitted to the county. Ic) Presentetion of debris waste disposal stamp collec- tion sheets. Upon completion of any land clearing, building or demolition activity, the permit holdeI, in accordance with Section 10-35(d), shall present to the county debris waste dlspo~al stump collection ~heete eatabliehin~ that debris waste generated from the activity was deposited in an approved debris waste landfill. If debris is disposed of in acs0rdanoe with a valid permit issued by th~ stats air pollution control board, a copy of the sta~e air pollution control boazd burn permit ~ust be presented to th~ county. see. 10-33. Authentication of debris waste disposal. (a) The ~ounty ~hall supply debris waste disposal stamps to each approved debris waste land,itl upon the request ef the owner or operator e~ such landfill. The owner or Operator of such landfill shall pay the county a fee for each debris waste disposal stamp supplied to the landfill by the coUnty. (b) The removal cf each load of debris waste from a parcel 0£ property to an approved debris waste landfill shall he ~eeumented by a valid debris waste disposal stamp affixed to a S~a~p oolleotio~ sheet provided by the county. {c) ~mmedia:ely upon disposal 0£ a load of debris waste in a~ approved debris waste land~ill, the landfill operator shall affix a valid debri~ waste disposal sta~p to the stamp collection sheet prese~ed by the hauler. The tlrpe Of stamp affixed Shall be determined by the vol~e o~ the load accord- ing to the following schedule: Stamp Type //Color Stamp Type 2/Color stamp Type 3/color Stamp T~e 4/Color 1~ cubic yards 10 cubic yards 20 cubic yards 30 cubic yarde 20 cubic yards 30 cubic yards (d) Eash stamp collection sheet with debrin waste disposal st~ps affixed shall be kept by the permit holder and presented tc the county after all debris removal, includinq fine grading, is complete, or within four month~ after e serti~icate of occupancy has been issued, whichever occurs first. In the casa Of land-clearlng acnlvitp, the stamp collection cheer, or other evidence of proper disposal as provided in this article, must be presented to the county prior to r~!ease cf any erosion control surety or within four months of state road acceptance, whichever occur~ first. Sec. 10-34. Re~ocation of debris waste disposal pertain. ~a) Any debris waste disposal permit issued under %his article shall be revoked upe~ th~ occurrence of one or mor~ of the following events: (1) the violation by the permi~ ko!der Of the conditions of his permit; (2] the violation by th~ permit holder o~ any provision of ~his article; (b) I~ a permit holder fails to present to the cO%nty valid debris waste disposal stands, evidence of disposal pursuant tea valid State Air Pollution Control Board permit or evidence of disposal throuqh a bill of sale or written r~lease for timber er firewood which substantially conform, in terms of voltt~e, with the eot~nty's debris waste eeUimate, the county may require the permit holder =o pxesent additional evidence establishing proper debris waste disposal as required by this ax=tole. If, after reviewing such additional evidence 91-98 and conducting any ~urther investigation the county deems necessary! the ¢ounty determines that th~ permit h~lder has this article, the ~ounty may revoke the permit hol~er'~ p~rmi~ pursuant to this section CT i~sue a stop work order ~ursuan~ to section t0-35. (c) No person whose debris waste disposal permit has been revoke~ s~all be issued a land clearing permi~ or a building permit, or shall remove debris waste from property, until his debris waste dispesal permit has been reissued ~y the ~ounty. (dj upon payment to ~he county of a reinstatement fee cf five hundred dollars ($500.00), the county will r~instate a r~voked debris waste disposal permit. The county sh~II not reinstate any debris waste disposal peri, it which has been revoked twice. In addition ~o the o~ker remedies provided in this article, thc county may issue a stop work order to any person in violation o~ fha provisions of this article. The issuance of a stop work order shall prevent the person to whom the order is issued from (a) performing, Qr ~aving performed, any activity which generates debris waste~ (b) removing, or having removed, any debris waste from property: and (o) en~a~in~ in any other activity prohibited by the terms of the order. Violation of the terms of a stop work order shall subject the violator to the penalty provided in ~eotion 10-37. Sec. 10-36. Appeal. Any putSCh aggri=ved b~ a decision to revoke his debris was=: disposal permit or by bhe issuance of a stop work order may appeal the revocation decision or stop work order to an appeals boar~ of three coun=y =itizen~ ~eiected by the board of supervisors. A person who desires to appeal a permit revocation decision or a stop work order mus~ notify b~ilding official in writing of his intent to appeal such decision or order within thirty (~0) calendar days from the date of the ~ecis~o~ or order. All proceedings before the appeals board shall be conducted in conformance with the rules of procedure provided by the Uni~0rm Statewide Building Code. The only issue which the appeals board shall decide is whether the decision ho revoke a permit or issue a stop work order was within the scope o~ this article. During the pendency cT an appeal the de¢isio~ or order being appealed ~hall remain in full force and effect. The decision of the appeals board ~ball be final and bindiag. Sec. 10-37. Penalty. In addition to the other remedi~ provided in this article, it shall be unlawful to violate any of the provisions of thi~ artiole~ and any person who violates any of the provisions o~ this article shall also be subject to a fine not exceeding ODe thousand dollars Absent: Mr. Daniel. 91-99 14. NEW BUSINESS 14.B. ]~AI%F~ AND PJ{CR~AT~C~ I~ 14.B.1. ALLOCATION OF FUNDS FOR ~£h~ ~I{~LqSE OF PLAYGROUND E~,UIP~TAT ECOFF EL~T~ARY SCHOOL On motion of Mr. Curzin, seconded by Mr. Applegate, the Beard transferred $4,000 from the ~ermuda Dis=rio: street Light Account to the Parks and Recreation Dspartment to supplement ~cnated funds in =he amount of $7~000 from the Eeoff Elementary School PTA for the purchase cf playground equipment and surfacing material for Eeoff Elementary School, the total cost of same being $tl,000~ and appropriated said donated funds in the amount of $7,000 ~rom the Eeof~ Elementary School PTA for said project. Absent: Mr. Daniel. 14.B.2. A~P/O~AL OF PORC/ASi OF LAND FOR '£~[~; ~ HILL ATHLETIC Mr. Apple~ate expressed aonaern~ regarding the average price per acre and total cost for the acquisition cf land for the Clover Hill A~hle~io Complex; th~ debt service per year on the total ce~t for the complsx~ the longsvi~y Of ~he existing facility on currently leased property on Coalfield Road; the impact if th~ Centr~ Pein= complex bnild- out were to be accelerated; etc. ~e stated, even ~h0uqh funds were approved for same in the 1988 Bond Referendum, he had r~servations concerning this matter because cf the County~ current economic stat~s, the average price per acre for the propexty, the lack cf available ~lan~ for the o~mpleta de- velopment and utilization of the property aha felt the matter plans, On motion of Mr. Applegate, seconded by Mr. ~ayo~, tho Board deferred until February 27, 1991 consideration of ~he purchase cf land for the Clover ~ill A~hlstio Complex. Aye~ ~r. ~ullivan, Mr. Coffin, Mr, Applegate and Mr. Absent~ Mr. Daniel. 14.C. A~OI~ 14.c.1. Youth SERVICES COF}~I$$ION On motion e~ Mr. Applegate, seconded by Mr. Mayas, the Board su~pendsd its rules ~o allow simultaneous nomination/app0iut- ment of a representative for the Kidlothian District to on the Youth Services Co~ission t~ fill the v~oano¥ by the resignation o~ Mrs. Dee Dee Lally. A~esz Mr. Sullivan, Mr. Coffin, Mr. kpplegat~ and Mr. Absent: ~r. ~aniel. on motion of Mr. Sullivan, seconded by Mr. Applegat~, the Beard simultaneously nominated/appointed ~r. Joseph E. Spidel, t~rm of ~rs. Dee Dee Lally on the Youth ~ervicen whose te~ is effeative i~ediatmly and expires June 30~ Ay~: Er. Sullivan, Mr. CurrLn~ Mr. Applegate and Mr. ~sent: ~r. Daniel. 2/13/9t 14.C.2. I~£~OPOLITAN ECONO~C DEVELOPM~f~ ¢0~CLi OPF/~ATING On motion o~ Hr. Applsgatu, seconded by Mr. Sullivan, th~ Board suspended its rules ~o allow simultaneous nomination and aDDolntmcnt/reappointment of the County's at-large represe~ta- tiv~ to the Metropolitan ~conomic Development Council Operat- ing Co~u~it~ee. Ayes: Mr. Sullivan, Mr. Curtis, Mr. Appl~g~t~ and Mr. Mayas. Absent; Mr. Daniel. On motio~ of Nr. sullivan, seconded by Mr. Applsgate, the Board simultaneously nominated/reappointed MI. ~. c. "Gene" Autry ~e Serve as the County's et-large repre~entativ~ to the Operating Cohl~ittee of the ~etropolitan Bconomio Dov~lep~ent ¢ouacil, whose term is sffectiv~ immediately end expires February, 1993. Ayes: Mr. Sullivan, Mr. Currin, MI. Applegate and Mr. ~ayes. Absent: Mr. Daniel. 14.D. STREET On motion of Mr, Applegate, seconded by Mr. Currin, the BOard approved obtaining a cost s~timate for the installation of a ~tree~ light at the inter,action of E. Prestonwood Avenue and Sunbeam Road, Dale Diztrict. Aye~ Mr. Sullivan, ~. Curtis, Mr. Applegate and ~r. Mayas. Absent: MI. Daniel. 14.K. CONSENT IT~L~ 14.E.1. STAT~ROADACCP/~ANC~ This day the County Enviro~u~ental Engineer, in accordance with directlon~ fr0~ ~his Boar~, made report in writiag ~pon his examination of Rroadraash Drive, O~shors Drive, Breaker Point Lane a~d Breaker Point Court in kshbrook, ~e~tio~ II, Matoaca District. Upon ~on$i~eration whe~eu~, an~ on motion of Mr. Mayas, seconded by Mr. Appl~gate, it is resolved that ~roadrsaoh ~rive, Oi~shsre Drive, Breaker Point Lane and Breaker Point Court in A~b_brook, Section II, ~atoaca District, be end they hereby are s~tahlished es Dublin roads. And be i~ further resolved, that the Virginia Department of Transportation, be and it hereby is re~ested tn take into the ~eoondary System, Broadreach Drive, beginning a~ existing Breadreach Drive, StAte Route 4201, and going southerly 0.14 mile tn e~d at the intersection with Offshore Drive~ Offshore Drive, beginning at the i~terseetion with Broadreach Drive and going southerly 0.OS mile, then turning and going northerly 0.09 mile to th~ intersection with Breaker Point Lane, then oontinuinq northerly 0.08 mile to en~ at existing offshore Drive, Ztate RO~te 4203; Breaker Point Lane, beginning at the interSeCtion with Offshore Drive and going westerly 0.06 mile to end ab the in~er~ectlen with Breaker Point Court; and Breaker Point Court~ beginning at the intersection with Breaker ~eint Lane as~ going northerly 0.15 mite to end in a cul-de-sac. Again, Breaker Point Court, beginning at the intersection wi~h Breaker Point Lane and going southerly 0.~$ mile to end in a cul-de-naC~ Thi~ request is inclusive of the adjacent ~loDe, sight distance and designated Virginia Department Of Tra~spor~atic~ drainage ~aseme~ts. 91-101 2/13/91 These roads serve 66 lets. And be i= further re~01ved, that the Board of $~pezvis0rs guarant~s to the Virginia Department of Transportation a 48' right-of-way %or all cZ ~hese roads except ~roadreaoh Drive a~d Offshore Drive which have a 50' right-of-way. This section of Aehbroek is r~eorded as follows: Section 2. Plat Book S~, Page 49, December S, 19S6. Ayes: ~r. Sullivan, Mr. Currin, Mr. kpplagate and ~r. Mayer. Absent: Mr. Daniel. This day the County Environmental Engineer, in accordance wish directions from this Board, m~de report in writing upon his examination o~ Hix~on Drive and ~ixson Court in Stonehenge Co~ons, Midlothian District. Upon consideration whereo~, and on me~ion of Mr. ~ayes, seconde~ by ~r. Appl~gat~ it is re~olved that Hixson Drive aR~ ~ixso~ Court in ltonehenge Commons, Midlothlan District, be and they hereby are established as publio roads. And b~ it further resolved, that %he Virginia Department of Transportation, be and it hereby is requested to ~ake ihto S~condary System, Hixuon D~ive, beginning et the intersection with Bonderant Drive, State Route 2567, and going northerly 0.04 mile to the intersection with ~ixson Court, the~ continu- ing nor=hotly 0.08 mile ~o en~ a~ ~roposed ~i~o~ ~rive, Stonehenge Mills ~hase II; and Hix$cn Court, beginning at the intersection with Hixson Drive and going northwesterly mile to end in a cul-de-sac. Thi~ request i~ ±nclu~ive of th~ adjacent s~pe, ~ight distance and designated Virginia Department of Tra~pcrtatio~ These roa~s serve 13 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginiu Department of Transportation a 50' right-of-way for all e~ =hes~ roads. S~en~henge Co~en~ i~ recorded as follows= Plat Bock 56, Page 51, March 18, 1987. Ayes~ Mr. Sullivan! Mr, Currin, Mr. Applegate and ~r. Mayes. Absent: ~r, Daniel, This da~ the County Environmental ~ngineer, in accordance with di=ec%ions from this ~oard, made report in writing upon his ~xamination of Waterford Lake Drive and Watercove Road, clover Kill District. Upon consideration whereof, a~d on motion o~ Mr. Mayes, · eeended by Mr. Applegat~, it in r~golvad that Water~ord Lake Drive and Wate~cove Road, Clover Hill District, be end they hereby ar~ establiahe~ aS p~blio roads. And be ~t [~rther resolved, that the Virginia Depaz~men~ of · ransportatien, be and it hereby is requested t~ take into the S~condazy S~stem, Waterford Lake Drive, beginning at the intersection w~th coalfield Road, Stat~ Route 754, and going ~ortheasterly 0.11 mile to the interseozion with wateroeve Road, then turning and going northerly 0.20 mile, then turninq and going northeas=~rly 0.08 miter then turning and going 91-102 2/~/9~ northerly 0.12 mile tO end at a dead en~ and Wateroove Road, be~innlng at the intermaction with Waterford Lake Drive and golng soutkeasterly 0.05 mile, then turninu and galng easterly 0.89 mile, then turning and going southeasterly 0.Z~ mile to end at the intersection with Genitn Road, $~ate Route 604. This recfuo~t i~ inclusive of the adjacent slope, sight distance and designated Uirginia Department of Transportation drainag8 easements. Theme reade serve as acces~ to adjacent commercial properties. And be it further resolved, tha~ tko B~ard of Supervisors guarantees to t~e Virginia Department of Transportation a 70' to 110' variable width right-of-way fez Waterford Lake Drive and s ~0' to 70' variable width right-of-way fsr Watercove Road. ·hese roads are recorded as follows~ D~dicaticn Of Waterford Lake Drive and Watercove Road, Water~srd at Brandermill. Plat Book ~1, P&~es 70 and 7], May 2~, 1988. Ayes: Mr. 8utllvan~ Mr. Curtis, ~. Applegate and Mr. ~ayes. Absent: ~r. Daniel. Thi~ day the Count~ Environmental Engineer, in accordance with directions from this ~sard, made report in writing upon hi~ examination of Silver Creek Court, ~ill FOrest Drive, Mill Furss~ Court and Mitt Look Terrace in Millstone Creek, Midlobhian District. Upon consideration whereof, a~ on motion of ~r. Mayas, seconded by ~x. Applegete~ it is resolved that Silver Creek C~urt, Mill Format Drive, Mill Forest Court a~ Mill Look Terrao~ in Millstone Creek, Midlothian District, be and they hereby ara e~tablished as public raad~. And be it further resolved, tha~ tko Virginia Department ef · ransportaticn, be and it hereby is requested t~ take into the Secondary Sygtem, Silver Creek Court, beginnin~ at tho int~r- section with Old Buckingham Road, State Route 677, and going southeasterly 0.07 mile to end in a cul-~e-sa~ Mill Forest Drive, beginning a~ the intersection with Old B~ckinghamRoad, S~a~e Ro~e ~77, and going southeasterly 0.08 mile to the intersection with Mill Forest Court, then continuing south- easterly 0.09 mile to end at the intersection with Mill Lock Terrace; and Mill Forest Court, beginning at ~ho intersection with Nill Forsu~ Drive and going southwesterly 0.03 mile to and in a cul-de-sac; Mill Lock T~rr~ce, begianing a~ the intersection with Mill Forest Drive and going easterly 0.05 mile to end in a cul-de-sac. Again, Mill Luck Terrace, beginning at the intersection with Mill Forest Drive and going westerly 0.Q7 mile to end in a cul-de-sac. This request is iaolusive of the adjaoent slope, sight distance and designated Virginia Department of Transportation drainage easemea~s. An~ be i~ further resolved, that the Board of ~npervisors guarantee~ to the Virginia Department of Transportation a ~0~ right-of-way ~or all of these roads. Millstone creek is recsrded as follows: Plat Book 50, Page 27, July 31, 1985. 91-103 2/13/91 Ayes: Nr, sullivan~ Mr, Currin, Mr. ApDlegate and Mr. Mayes. Absea~: Mr. Daniel. This day the County Environmental Engineer, in accordan~e with directions from this Board, made report in writing upon hi~ examination of h~afield Terrace and Grangeweod Road in Salisbury, Lea~ield Section, Kidlothian District. Upon consideration whereof, and on motion o~ Mr. Mayes, seconded b~ Mr. Applegate, it is resolved ~ha~ Leafi~ld T~rrace and Grange~ood Road in Salisbury, Leafield Section~ Midlothian Diatrict, be and they hexeby are established as public roads. And be it further re~olved, ~hat the VLrginia Department of Transportation, be and it hereby is requested %o hake int~ the See0~dar~ System, Leaf±eld Terra,e, beginning at the inter~ mection with Winterfi~ld Road, State Route 71~, a~d going Road, beginning at the end of existing Grang~wood Road, State Route t039, and going westerly 0.12 mile to end in ~ cul-de-sac. This ~eque~t ie inclusive of the adjacent slope, ~ight distance and designated virginia Department of Transportation drainage easements. These roads serve 39 lots. Aha be it further re~olved, that the Board of Supervisors guarantees to the Virginia Department of TransDertatio~ a 50' rlght-o~-w&y for all c~ these roads. This section Of Salisbury is recorded as follows: Leafield Section. Plat Book 59, Page 58, December 4, 1987. Ayes: Mr. ~ullivan, Er. Currin, Mr. Applegate a~d ~r. ~ayes. Absent: ~r. Daniel. 9his day the County Environmental Engineer, in accordance with direction~ from this Board, made report in writing upon examination of courthouse Road Relocated, Dale District. Upon consideration whereof, and on motion of Mr. seconded by~r. Applegate, it ~s resolved that Courthouse Road R~looated, Dele District, be and it hereb~ ~ eetabtished as a public road. And be it further resolved, tha~ the Virginia Department of Transportatien~ be end it hereby is requested to take into the E~oondary System, Courthouse Road Relocated, ~eginning at the inter~ectio~ with Iron Bridge Road, Stat~ Ro~te lQ, and going easterly 0.t8 mile to the iaterzectlon with e~isting Court- house Road, State Route 604. This request is inclusive of the adjacent Slope, distance an~ ~emignated Virqinia Department of Tran=po~tation drainage easements. This road serves adjacent commercial properties. And be it further resolved, that the Board of supervisors gKarantees to the Virginia Department of Tran~portatio~ a to SO' variable width right-of~way for this road. This per,ion ef Courthouse Road is recorded a~ follows~ 91-104 2/13/91 ~eed Book 1230, Page 846, Dece~er 22, 1976. Deed Book 2045~ Pages 561 & 566; September 20, 1989. Ayes: Mr. Sullivan, Mr. Currin, Mr. Applegate and Mr. Absent: Mr. Danisl, 14.E.2. APPROVAL OF STORM WATER MANAG~Z4El~f MAINT~ANCE AGREE- 14.E.2.a. VICTORIAN MQUAt~E BHO~PIN~ CENTER~ t~HA~E II On motion of Kr. Mayes, seconded by Mr. Applegate, the Board authorized the County Administrator to expoute a Storm Water Management Agreement with the developer of Victorian Square shopping Center, Phase II, with the undurstan~in~ that ~h~ County's only involvement is the assurance that the copy of said Agreement is filed with the papers of this ~oard.) Ayes: Mr. Sullivan, Mr. Cuzrin, Mr. ADDls~ate and Mr. Mayes. Absent: Mr. Daniel. 14.E.2.~. BA~£,.ROIL CO~ANY On motion e~ Mr. Mayes, seconded by Mr. ADplegate, the Board authorized the County ~dmin~trator to ~x~cnte a Storm Water Management Agreement with the develo~sr of Battle Oil Company, with ~he ~nder~tandlng that the County's only involvement is the assurance that the Maintenance Agreement is to b~ followed by the developer. (A copy of said Agreement i~ filed with th~ papers of this Board.) Ayes: Mr. Sullivan, Mr. Ceftin, ~r. Appleqate and Mr. ~ayes~ Absent: ~z. D~ni~l. 14.E.2.c. ROCKWO(~D~LAZA On motion of Mr. Mayes, seconded by Mr. Applegate, the Board authorized the County Administrator to execute a Stor~ Water Management Agreement with the developer of Rockwood Plaza, with the understanding that the County's only involvement is the assurance that the Maintenance Agreement is to be followed by the developer. (A copy of ~aid Agreement is filed with the Ayes: Mr. Sullivan, Mr. Currin, ~r. Applegate and ~r. Mayes. Absent~ Mr. Daniel. APPROVAL OF AGPRR~4T FOR F~AI~'~'~.~ANC~ AND I~D~NIFIC. A- ~]~AC"XICED~TK~TION~C~DFOR~2~DOWRROOK FA~4S~ SECTIO~S A ~T~ROUGH E On motion of ~r. Mayen, ~econd~d by ~r. Appl~gat~, the Board a~thorised the County Administrator to e~eoute a sterm Water Drainage System and Best Management ~ractice (BMr) Facilities Maintenance and fndemni~ioation Agreement for a detention po~d in Meadowbrook ~arm$, $~ctic~s A ~hrouqh E with the developer of Meadowbzeok Farms, with thc undurstunding that the County's only involvement is the assurance that said Agreement is to be followed by the developer. (A copy of said Agreement is filed with the papers of =his ~oard.) Ayes~ Mr. Sullivan, Mr. Currin, Mr, Applegate and ~r, Mayes. Absent: ~r. Daniel. 14.E.4. li~FlilR ETTR'rCK PLA~ 'A'O ~I~NIH(~ COI~IIS$TOH On meEion ef Mr. ~ayes, seconded by Mr. Appleqata~ the Board referred the Ettriak ~lan to the Plarming Commission for AyeS: Mr. Sullivan! Mr. Ceftin, Mr, Applegate and Mr. Mayas. Ab~nt~ Mr. Da~ipl. 14.E.5. SET DATES FOR P~LIC ~.%RINGS 14.E.5.a. TO CONSXDF--~ APPROPRIATION OF $tr8061800 IN BOND FUNDS FOR THE ADDITION ANDPd~OVATIONOF '&~M~NTAL ~KAL~H/~ENTAL RETARDATION BUILDING on mo;ion of Mr. Mayes, seconded by Mr. Appleqate, the Board set th~ date of ~e~ruary ~7, 1991 at 9~00 a.m. £oz a public hea~ing tc consider appropriation of $1,806,880 i~ bond funds for %he a~i~ion and renovation of ~he ~ental Health/Mental Retardation Building. Ayes: ~r. SulIiva~ ~r, C~xxin, Mr. Applegat$ a~ ~r. Mayes. Absent: ~r. Daniel. 14.E.5.b. TO C~SID//R APPROPRIATION OF $750~000 FRO~ ~ CITY OF RIC~ONDFORT~OVATX0~A~DADD~TION OF BON AIR LIBI{ARY On motion cf Mr. ~ayes, seconded by Mr. Applegate, the Board set the date of F~bruary 27, 1991 at 9:00 a.m. for a p~blic hearing to consider apDzopriatiun of a $758,000 contributio~ from the City o[ Richmond fo~ %he renovation an add±~lon to Ben Air library. Ayes: Mr. Sullivan, Mr. Currin, Mr. Applegate and Mr. Absent: Mr. Daniel. 14.E.6. ~E~ SIGN A~E~D~ TO T~E FLANN~N~ C6~IBSION Oa motioa Of ~r. Mayes, seconded by Mr. Applegate, the B©ar~ ~ef=rred an amendment to %he ~Qning 0rdinanee relating to ou~eor advertising signs to the Planning Commission for their consideration, p~blic hearing and recenmlendatio~ tc~ 1. Amend "old" Ordinance ~o increase spacing between billboard~ Ero~ ~eventy-five (75) feet tO $~ven hundred (?00) feet. A~end the "old" and the "new" Zoning Ordinances to require setbaekn between billbea~d~ located on o~posi~e ~ide~ of a road; 2. Amend beta the "old" and the "new" Zoning Ordinances to include a provision requiring the removal of an exis~i~ legal ur non-conforming billboard in order to erect any new billboard; and 3. A~aend ~oth the "old" a~d %he "new" zoning Ordinances to address the issues rai~ed in a l~tter ~atPd December 6, 1990, ~rom Firs. Joan Girone relative to real estate signs. Ayes: Mr. Sullivan, Mr. Ceftin, ~r, kpplega~e an~ Kr. ~ayss. Absent= Mr. Daniel. 91-106 2/13/91 ~4.F. UITLI~.L~S DEPARTMENT r~.~ ~ORTI~OF A TE~POPJ%RYTURN~/)~NDF~C~LOT l0r BLOCK C, CROSs C~ S~DI~I$ION~ SE~ION D ~r. Sale s~ated tki~ date ~nd ti~ had ~een advertised for p~tic h~arin~ ~o co~idar an ord~a~c~ ~o va~at~ a portion of Cr~k s~division, Section D. No one cama fo~ard ~o speak in favor of or a~ainst ~rOposed ordinance. On mo%iOn of ~r. sullivan, seconded b~ Nr. Apple~at~, the Board adopted the followi~ ordinance: ~ ORDIN~C~ whereby 2hu CO~ OF C~ESTERFIEhD, VIRGINIA, ("~TQR~,) Vacates to N0~ E. ~LEN~ J~., Block C, Cross Creek Subdivlsio~, Se~hion D, Mi41Qthian ~a~i~terial District, Chesterfield, Virginia, re~orded in the Cl~rk's Offic~ of C~a~ty in Plat B~ok 6~ Pag~ ~2. WHE~AS, Balzer & Assomia2~s, ~n~., o~ behalf cf No,an E. Allen, Jr., p~titioned the Board of Superviaor~ of chesterfield County, Virginia to vacate a portion of temporary turnaround easement, across on Lot lo, Block Cross Cre~k Subdiviaion, Section D, Midlothian District, Chesterfield cowry, Virginia more partioularly sho~ on a plat of record in ~he Clerk's Office of the Circuit Court of aald County in Plat Book 62, Page S2, made by Balzer & A~sociate~, dated July 14, 1~88. The portion o~ petitioned to b~ vacated is more fully d~scribed as follows: A portion of a temporary ~urnaround easement, aCrQSS LO= 10, Block C, Cross Creek Subdivision, section D, the locatioa of which is more fully sho~n, on a plat ~ade by ~alzer & Associates, dated August 27~ i990, a copy of which is a~ach~d and mad$ a part o~ this Ordinance. W~R~AS, ~u=ice has been given pursuant to Section 1~.1-431 of tha Code of Virqinia, 1950, as ~end~d, by of the Dortion of ~as~m~nt so=~ht to b~ vacated. NOW T~EREFORE, BE IT O~AI~ED BY THE BOARD OF ~U~ERVISORS OF CH~ST~IELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b] of th~ Code of Virginia, 1950, as amended, the aforesaid portion cf easemen~ This Ordinance ~hall be in full force and effect in accordance with Section 1~.1-482(b) o~ the code u~ Viruinia, 1950, a~ amended, and a certified copy ~f this together with =he Dlat attached hereto shall b8 recorded no ~ooner than thirty dayn h~xeaf~r in the Clerk's Office of Circuit Court of Chesterfield County, Virginia pursuant to 91-107 2/13/91 Section 15.1-485 of tho Cede oS Virginia, ~950, as amended. The effect of this Ordinance pursuant to Section 15.1-4~3 is to destroy tke fores and effect of the recording of the per%ion of the plat vacated. This Ordinanoe shall ve~r fee simple titl~ of the portion of easement hereby vacated in the AQQordingty, this Ordinance shall be indexed in the na~es o~ the County of Chesterfield, as grantor, and Norman ~, Allen~ Jr., cr his sucoe~or~ in title, as gran~ee. Ayes: Nr. Sullivan~ ~. Currin, Mr. Applegate and Mr. Mayas. Absent: ~r. Daniel. 14.F.2. A~ITHOP~IZATI~ TO EXF~CI~E E~IN~iTT DOMAIN FOR F~%SEME~TS FOR BAILE~ BRID~ FORCE ~AIN PROJECT 14.F.2.a. VARIA~I.KWIDT~ SEWI~EABEMENTACROSS ~ROPERTYOF~R Discussion ensued relative to the use o~ ~minent domai~ to acquixe easements for the ~ail~y Bridge Force ~ain Project; the necessity to proceed with eminent domain fo~ the and safety Q~ the public; the con~nces should this project not be constructed~ CO~tlnued negotiations by ~Uaff with the owner i~ an effor~ to reach a settlement; etc. Mr. expressed concern rugardin~ the ~se of ~in~nt ~omain ac~ire DroDerty, that he did not fee! resid~n=s should have ~heir rights to their property and stated he could not support On motion of Mr. Coffin, seconded by Mr. Sullivan, =he Boar~ authorized th~ County Attorney to ~gin the ~rccess to ex~rcise emi~un= domain for thc acqui=~tion of a vari~le width sewer ~asement across the pro~er%~ of M~. Kenneth copeland, ~r. and Mrs. Jean ~. Co,land, (husba~ and Tax Nap 78-1(1)2, fur the Bailey Bridge Force Main (It is noted a c~py of said plat Xs filed wi~h the papers thi~ B~ard.) Ayes: ~r. Sullivan, Mr. Currin and Mr. Applegate. ~ays: Mr. Absent; ~r. Danlul. i4.F.2.b. VARIA~L~ WID~ SEWER F. ASE~E~T ACROSS PROPERTY OF ~_ A~DMP~. DAVID G. DAVIS~ ~r. ~ayes sta~ed his position regarding kh~ use of eminent domain to acquire proper~y Was the same as cn the previous item and s=ated he could not support this r~quest either. On mo=ion of ~r. C~rin, seconded by ~r. ADple~are, the Board authorized tb~ County Attorney to be~in the p=oces~ exexclse eminent domai~ for the acquisition of a variable width sewei easemen= aoross the ~roperty of ~r. David Davis, Jr. a~d ~s. Rebecca ~. Davis, [husband a~d wife), Tax Map 62-16(1)13, for the Bailey Bridge Force ~in Project. (It is noted a cep~ of said plat is filed with the papers of this Board.) Ayes: Mr. Sullivan, Mr. Curri~ and ~r. Apple~ate. Nays: ~r. Absent; Mr. Daniel. 91-105 2t13/91 14.F.3. C~NS~T ITEMS l~.F.3.a. SET DA~S FOR i~3BLIC ~NG$ 14.F.3.a.1. TO CONSID~ ~/~ (~DI~AHCE TO ~ T~n~ CODE OF T~ CO~l~f OF C~S'r~FIFm.~,_1978, AS A~NDF/)~ BY A~ING AND ~EENAC~ING SECTIONS 20-44 AND 20-72 D~V~O~ DIS~iD; IN R~SIDER~fI~J~y DEVELOPED AREAS on motion of Mr. Applegatu, seconded by Mr, MeMos, the Board set th~ date of ~arch 13, 1991 at 6:30 p.m. ~or a public hearing to consider an ordinance tO ~mend the Co~u of the County of Chesterfield, 197E, as ~anded, relatin~ to Water and Sewer Assessment and Development Districts i~ ~esldentielly Developed Areas. Ayes: Mr. Sullivan, Kr. Currin, ~r, A~legute and ~r. Mayas. · Absent: Mr. Daniel. 14.F.~.a.2. TO CONSID~ A~O~IZAT~ON Ff~R ~TAFF ~ predawn W/T~ ~ VACA~IOlq OF A P0~TI0~ OF B~TT PLA~E on motion o~ Mr. Applegate, seconded by Mr. Nayes, the ~oard set the date of March 27, 1991 at 9~00 a.m. for a public hearing tn consider the vacatic~ o~ a portion ~f ~ennett Place within Petersburg Height~ subdivision and to authorize staff to proceed with the vaeatien. Aye~ Mr. sullivan, Mr. Curri~, Mr, Applegate and Mr. Mayas. Absen=~ Mr, Daniel. 14.F.3.b. ACCEPTANCE OF DRm~,~ OF D~DICATION 14.F.3.b.l. OFF OF CHURC~ ROAD FROM MR. CLIF~0N RA~QL~H @DR On motion of ~r. AppSegate, seconded by ~r. Mayas, the Beard accepted ~ behalf of the county the conveyance o~ a variable width parcel of land off of C~ureh Road from Mr. Clifton Randolph ~oode, and authorized the County Aduninistrator ~o execute th~ necessary deed. (A copy cf said plat i~ filed with the papers of this Board.) AyeS: Mr. Sullivan, Mr. Currin, Mr, Applegate and Mr. Mayas. Absent~ Nm. banjo1. 14.F.3.b,2. OFF OF CR~RCE ~%0AD FRO~ ~. /~ ~. GEESE H. on motion o~ Mr. Applegate, seconded by Mr. ~aye$r the Board accepted on behali of the County ~he conveyance of a variable wid=h parcel o~ land off of Church Road from Mr. Georg~ Branch and Ms. ~tha B. Branch and authorised the County Administrator to execute tho necessary ~e~d. (A copy of sa~d plat iS filed with the papers o~ this Board.) Ayes: ~r. sullivan, Mr. Coffin, Mr. Applegate and Mr. Absent: MX. Daniel. 14.F.3.b.3. OFF OF CR~RCH ROAD FRO~ 1~. 1~;~STT~ C~OOD~ On motion of Mr. ADpl~gate, ~eco~ded by Mr. Mayas, the Boar~ accepted on behalf cf the County the ¢0~veyanoe of a variable width ~aroel of lend off of Church Road from Ms. Rrnesti~e ~00de and authorize~ the County Administrator to execute the 91-109 2/~3/91 necessary deed. (A copy cf said plat is filed with the paper~ OX this D0ard.) Ayes: Mr. Sullivan, ~. Currin, Mr. Applega%e and Mr. Mayas. Absent~ Mr. Daniel, ALONG BAI~0WIN C~F2~ ROAD FROM MR. AND MRS. On motion of Mr. Apple~ate, seconded by Mr. ~ayes, accepted on behalf cf the County the conveyance el a variable the County Administrator ~c execute ~he necessary copy of said plat ie filed with thu papers of this Board.) Absent: Er. Daniel. l~.F.3.b.5. ALON~ SPERF, S D~IVE FROM CO~ON SHO~IN~ CE~'z~ LIMITED Pg~9~9{I P on motion of Mr. Applegate~ seconded by Mr. Mayas, the Board accepted on buhalf of th9 C0unt~ the conveyance cf a acre parcel along specks Drive from Comp~on Shopping Centers Limited ~artnership, A Virginia Limited P~ztnership, which parcel is necessary for th~ installation cf a turn lane on Specks Drive, a~ a~thorized the County Ad~linis~rator to execute the necessary deed. (A ~op~ of said plat is filed with the papers of ~his Board.) Ayes; Mr. sullivan, Mr, Currln, Mr. Applegate and Mr. Mayes. Absent: Mr. Daniel. 14.F.3.b.~. IN V~CINITY OF ~ ROAD FR~ ~P LIF~T~u On motion of Mr. Applegate, seconded by Nr. ~ayes, the Board accepted ~n behalf of the County the conveyance of a 70 foot and variable width parcel containing ~.442 acres from MVP Limited PartNership, A Virginia Li~ite~ Partnershkp, which dedication is a requirement of zoninq for the Mid Atlantic Business Center Project, and euthQrized the County Administrator to execute the necessary deed. (k copy of ~aid plat is filed with the paper~ Of ~his board.) Ayes: ~. Sullivan, Mr. currin, ~r. Applega~e an~ ~r. Mayas. Absent: Mr. Daniel. 14.F.3.b.7. ALONG BURGE AV~3~ FROM ~l~, ~ ~= J.T. W~LTON On motion of Mr. Appl~ga~e, seconded by ~r. Mayus~ the Beard accepted on ~ehalf of the Co~t~ thu conveyance of a 5 foot strip of land along ~urge Avenue £rem Mr. J. T. Walton and Elisabeth B. Walton and authorized the County Adminis=ra=or to execute ~he necessary deed. (A ~opy of said plat is filed with the papers of this Board.) Aye~ Zr. sullivan~ Mr. Currin, Mr. Applegate and Mr. ~ayes. Absent: Mr. Daniel. 14.F.3.b.8. ALC~G ~SN CHL~CH NOAD F~OM ~. AND MRS. J. ~r, Currin informed the Board that M~. J. Carl Korri$' son is one of h~$ business associates but indicated he himself would 91-11Q 2/13/91 not benefit flnan~iall~ from this transaction and did not feel thaf a conf!iot of interest existed. accepted on behalf of the County ~he conveyance of a 0.~3 acr~ parcel of land along Enon Church Road from Mr. J. Carl Morris and Ms. Frances p~ ~crr£~, which ~onveya~c~ ia nace~a%~y for future road improvements ad,sCent to the proposed Enon Library, and authorized tko County Administrator to ~ceut~ the necessary de~d. {A copy of said plat is filed with the paDers of this Board.) A~es: Mr. Sullivan, Mr. C~rrin, Mr. App~c~ate end Kr. ~ayes. Absent: Mr, Daniel. 14.F.~¢. CO/~VE~ANCE OF AN EAS~EN~ TO VIRGINTA ELEC~F~IC AND On motion of Mr. Applegate, seso~ed ~y Mr. Mayas, th~ Board authorized ~he chairr~an o~ the Board an~ the county Absent: Mr. Daniel. · 4.F.4. REFO~TS Mr. Sale ~reBented the Doard wi~h a report on the develop~i water and sewer contracts executed by %he County Administrator. Mr. ~ameey presented the Board with a Status report o~ ~he ~e~eral Fund Contingency Account, ~ene~al Fund Be%anco, Reserve for Future CaDital Froject~, Di$tric~ Road ~nd street Light Fund~, Lease Purchases and School Board Agenda. 51r. Ramsay $ta~ed the VirTinla Department of Transportation ha~ formally notified the County of ~he &¢ceptance of the following roads i~o the State Secondary System: TRI~LE CROWN - SECTION 1 (Effective 1/15/~) Route 4713 (BUCk Rub Drive) - ~om Route 622 to Route 4904 0.25 Mi, Route 4900 I~riple Crown D~ive) - From Route to Route 4904 0.17 ~i. Keute 4901 (Whirlaw~y Drive) - From Route 4904 to 0.04 mile South Route 4900 0.32 Mi. Rou:e 4902 (Whirlawa~ ~lace) - From route 4901 to 0.06 mile Southeast Route 4901 0.06 Route ~03 (Whir!away Court) - From Route 4901 to 0.04 mite Southeast Rouhe 4901 0.04 Mi. Route 4904 (Flag Tail Drive) - From Route 4713 tc 0.02 mile Eouthwest Route 4900 0.46 Mi. Route 4905 ICita~icn Drive) - From Route 4904 to 0.0~ mil~ East Route 4904 0.04 Mi. Route 4911 (Flag Tail Way) - From Route 4904 to 0.06 mile Southwest Route 4904 Route 491! (Pensive ~lace) - From Re=re 4904 to 0.04 mile Northeast Route 4904 SPINNA~ZER COVE (Effective 1/24/91) Route 4847 (Spinnaker Cove Road) - From ROUTe 4~45 to 0,16 mile Northwest Route 4845 0.86 Mi. 0.04 Mi. 0.16 Mi. ST~d~DING OAK (Effective 1/24/91] Route 434~ (Standing Oak Lane} - From Route 3600 to Route ~343 0.04 Route 4343 (St=nding Oak Road} - From 6.05 mile West Route 4344 to 0.16 mile Northwest Route 4345 0.33 Route 4544 (S~anding oak Placel - From Route 4343 to 9.06 mile South Route 4343 0.06 Route 4545 (Standing Oak Court) - Prom Route 4343 %o 0.22 mile Nor~hwe~U Route 4343 0.22 CHATS{ess (~ffective 1/24/91) Rcut~ 434~ (Chatmoes Road} - From Route 3500 0.23 mil~ North Route 3~00 Route 4347 (Chat_moss court) - FrO~ ~oute 4346 to 0.04 mile Wear Ro~te 4346 0.23 ~i. O, 04 Mi. 15, ADJoI~IE/~f on motion of Mr. Applegate, seconded by ~. Currin, the Board adjourned at 10:30 p.m. (EST} until 9:00 a.m. (~T} on February 27, 1991. Ayes: Mr. ~ullivan, Mr. Ceftin, Mr. Applegate and Mr. Mayas. Absent: ~r. Daniel. 91-112