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08-28-91 MinutesAU~UST ~8, Mr. M. ~. Sullivan, Chairman Mr. ¢. F. Curr£n, Jr., Vins Chrm. Mr. G. H. Apple~ute Mr. Harry G. Daniel Mr. Jease J. Mayaa ~. Lane B. Rankly County Administrator Staff in Attendance: Commissioner cf Revenue Ms. J. A~y Davis, Asst. to Co. Admin. Mrs. Doris R. DeHart, Asst. Cc. Ad~ia., Legiz. Svcs. and In=ergovern. Affair~ Ms. Joan S. Dolezal~ clerk =o the ~oard Chief Robert L, fanes, Jr., Fi~e Department ~fr. Bradford ~. ~arAmer~ Deputy Ca. Admln., ~anagement Mr. William ~. Dir., Planning Mr. R~chard Leonard, Admlnistr~tive Analyst, Env. ~+ Ma~ Lou Lyle, nlr., Acuountlng Deputy CO. Admin., Coun=y A=torney Mr~. Pauline A. Mitchell, Dir., ~ews & Public Information Services Col. J. E. Plttman, Police Department Ch~f, Dev. Review, Planning ~s. ~aria R~y~oldn, A~t. Di~., Budget & Manag~ent ~. Richard ~. sale, Deputy Co. Admi~., Co~uni~y Development ~. M. D. ~tith, Jr., Dir., Park= & Recreation Dr. Robert Dir., Librar~e= Mr. David H. Dir., utilities Mr. sullivan called the regularly scheduled me,ting to order 1. I~P;OC~ATION Mr. sullivan introduce~ir. Arline W. Rosa, District Pastor of ~ou~e of ~rayer, who gave the invocation. 2. I~?.KDGE O1~ i~?.T.~GIANC~ TO TR~ FL~G OF 'z~ UNITED -~TATES OF M~. ~. D. "Pete" Stith, Jr., Director Of the Parks and Reereatlea Department, led the Pledge of Allegiance to the Flag of the United States of America. 3. APPROFALOF~UTE8 om ~otion of Mr. Applegate, seconded by Mr. Currin, the Board approved the minutes of July 24~ 1991, as amended. Vote: unanimous Mr. Ramsay stated the Sheriff's Department had received aB award from the Division of C~ild Support Enforcement, ~epart~ent of Social Services, commending the Depar~t for their caoperation and support for child ~upport enforcement within the County, ~e noted the Sheri££~s Department was one of five departments in the State to rec~iv~ the award. He furthe~ stated ~r. Daniel had been appointed to serve as a member of the Advisory Group studying the Trust Fund Allocation Formula for the dimtribution of ~ighway funds for the State. Mr. Daniel stated Ftr. John McCracken had also been appointed to serve as a member to the Advisory Group and requested the Co~ty Administrator to prepare a llst of suggestions to submit for consideration ts the Advisory Group. 5. ~OARD Mr. Daniel stated he had attended the Virginia Association Counties (VAC0} Board of Directors meeting in which th= druft legislative p~ckage had b~c completed and would be forthcoming, He further stated VACO NOUld bo lobbying for the General Asmembly to address such items as the "Dillon ~ule" and some of it& constraints; t~e Barring and taxing mu~ority for legal governments~ ~nd funding of State mandateu. Kr. Applegate stated he had attended ~e monthly memting for Social Se~ices and noted th~r~ ~a~ a n~d for additional ~pace for ~e Department, He furor stated he also attended the Capital Region A~o~t Co~ission meeting and noted that al~ough ther~ had been a decline in passenger enplan~ment~, it was an improvement o~ur lust month. ~. ~rrin stated he and ~r. Daniel had attended ~e Rchool Boa~d Liaison Co~itt~e meeting in which teacher morale ~. ~ullivan stated he and Mr. C~rin had attends4 a ~alth Care Co~itt~e meeting in which additional pro,ams and changes ~n ben~fltm had b~$~ discussed for County and School 6. REQUESTS TO P0ST~0N~A~TION. ~A~0ITIORS OR ~G~ rN T~ O~ OF P~S~ATION On motion of M~. Appleqate~ seconded by ~. ~aye~, the ~oard added Item ll.M., Executive Sesslun P~suant to sect{on ~.1--3~(a)(7), Code of Virginia, 19~07 a~ ~ended, for Consultation with Legal Counsel Regarding County of Chesterfield versus J. J. Jew~tt to follow Item ll.i.; added It~ 11.G.23.~ Resolution Relating to John ~lsr Co~unity College to follow It~ 11.~.2~; and, a~opted th~ a~nda, as ~ended. Vote: Unanimous On motion of ~e Board, ~e following r~solution was ~dopted: ~$, Mr- William Gray, Sr. retired from the Magi~trate'~ Office~ Chesterfield cowry, on June 30, 1991; ~S, ~r. Gr=y wa~ hired in the Sheriff's Departm~t and service to the citizens of Chesterfield County; and ~R~, ~. ~ray was one of the original appointe~ the Maglstrate's Offioe on July 1, 1974 serwing ~e Judicial District; and ~S, ~r. Gray has ~en inst~ental in the i~pl~entation of new t~chnolo~y to record and process the ever-ln=rea~ing worklomd; ~S, Chesterfield County and the board of Supervisors will mi~s ~. Gray'~ diligent service. NOW, THEREFORE BE IT RESOLVED, that ~he ~est~fi~ld County Board of Supervisors publioly reou~ni~s ~r. William Gray, Sr. and extends on behalf of its members and the servic~ to ~ County. ~D, BE IT F~ RESOLVED, that a copy of re~olution be Dresented to ~r. Gray an~ ~a= this be pe~anently recorded among the papers of this Board Vote: Unan~ou~ ~r. Sullivan stated the executed resolution had been to ~. Gray at his rmtirem~t reception in July by ~r. 7.B. ~E~NIZIN~ '1'~ w~ OF AUGUST 26 -- SEi~I~B]~ 2. 1991 "NATIONkLUOBTRA~N/N~PARTNER~{IP Ac'TALU~NI ~r. Kas~en stat~ 5h~ re~olution r~cugnizing the we~k of Au~t ~6 Sep/e~er 2, 199~ a~ "National Job Training Partnership Act Alumni W~k" w~ par~ of ~ national e~ort entering the wo~kforee. He f~rther stated participantm consi~tu~ of high school dropouts, welfare reclpient~, un~killed adults or those ~employ~d who do not have marketable ~ills, ~i~located workers, veterans, an~ others. On motion of the Board, %he following resolution was Act (~PA) is an effective program for seels%lng school dropouts, welfare reciDients, unskilled adults, dislocated workers, veterans and o~rs who face Eerious barriers emplo~t; and ~AS, The me,ers of congress, the virginia General Assembly, the pre~s and our co,unity should be info--ed of ~he 9o~i=ive impact JTPA ~as 0n the lives of our fellow citiz~s; and 91-540 S/2B/91 WHER~A~, All cf the partI~ers in the JTPA ny~tem consisting Of federal, state and local gowernments, business, providers mu~t a0~um~ en active role in effectively sommunieat~ng tho ~uccess of ~e program; and ~s, JTPA Ai~ a~e i~divid~al~ who have successfully completed th~ pro~am, have overcome their oo~uni~y and th~ bee= advooa~e~ for the progr~. August 2~ =hxo~g~ S~D~mber 2, 1991 a~ "National Job ~artner~hip Act Alumni Week" in the County of v~rg~n~a, by recognizing the a~iev~ents of ~PA Alu~i, supporting the program an~ calling it= ~ignifioanoe Vote: ~animous ~n~ M~. Eosalyn Key, Director of Capital ~ea Tralnin~ Conmortium, and ~a~ed them for their effo~t~. for her untiring efforts and co~i~men= to =he Pro~am. ~. Mioa~ ~a~ed an accident had occurred between Officer G. L. Netherland, a County police officer, and ~. an~ Richar~ Schaffer a~ ~ i~t~rseo~ion of P~ovide~oe Road and ~idlothian Turnpike. He further stated ~e accident had occurre~ when Officer Netherland wa~ p~oceeding through g~e~n light; that it had be~n established by an reconstruction expert that offioe~ Netherland ~n~ not exceeding ~ np~ed limit; and that the Schuf~erm wera passengers in a car which was cro~sing M~dlothian Turnpike on Providence Ro~d in which the drivar of the car was legally intoxicated. He noted the ca~ in which the Schaffer$ passengers ha~ ~n through a red light which controlled ~eir direction of travel and Officer Neth~r~a~d Wa~ not negligent in his autions, therefore, staff was re=o~ending denial the olai~. T~e~e WaS no one prement to address this On motion of ~. Appl~gate, seconded by ~r. Dani=l, ~ Board deRied ~e claim of Mr. and ~s. Richard Schaffe~ fo~ injuries sustained in an automobile accident wi~ County Doli=e officer, Officer S. L. 9. DEFE~d~ED IT~ 9.A. A~P/kOV/~L OF AWARD OF WA'r~L~NE ~ONTRACT TO ~ & E ~ONSTRU~TION COMPANY On motion of ~ir. CUrrln, seconded by Mr. Ap~legate, the ~oard awarded u waterline contract te T & E Construction Company, in the a~c%k~t of $~0,198.40, £er the installation Of 700 feet cf 16 ~n~h waterline from Route 10 to a point aDp~oximately 100' feet north of Krause Road ~eet, which waterline is required to provide sufficient fire suppression flow to the new Kental 9t-541 8/28/91 Healti~/Mental Retardation/Substance ~J0use Building and =o the £uturs sites cf the Public Safety Training Buildlng and the Utilities Building. (It i~ noted funds are available f~ tt~e Drojects and wall be char~s~ as follows~ ~ental ~ealth/ Mental Retardation/Substance Abuse Bnilding - 5NA, in the amount of $32,179 and Utilities Building - 5P-SB3~0-BB0162R, in the amou~t of $18,020.) Vote: Unanimou~ GREA'r~u~i[fAHMONDT~%NSIT CO~P~BOARDOF D~ O~ ~otio~ of ~. Daniel, seconded by ~. ~ye~, the Boar~ reapDolnted ~r. Daniel K. Smith, ~. David W. Mathew~, and ~. Harry I. Schutte, ~eD~e~enting ~esterfield County, to ~erva on the Grea~er Richmond Transit Company Board of Directors, who~e terms are effective Ootober 16, 1991 amd will e~ire Octobe~ 15, 1~D2. Vote: Unanimous conveyance of a leasehold interest in property located at the constructing a community center had been deferred from the J~ly ~4, ~991 I~eeting. }{e further stated staff wa~ deferral of the publi~ h~aring until September On motion of Mr. Sullivan, seconded by ~. Applagate, of a leas~old intreat in property located at the ~u~enot ~0. PUBLIC HEARING~ 10.A. TO CONSID~ '£~ COnveYANCE OF AN O~TION TO ~3~C~aS~ ~3~I~A~N TRA~T OR P~C~ OF ~ ~G 2.~91 ~. Mica~ stated t~is date and time ~ad bean advertis~ for a p~lic hearing to consid~ the conveyance of an option to in. ess and e~ss, located in Clover Hill District a~jacent co Fire station 92 to Ric~mon~ cellular Telephone Company. ~e f~er ~tated ~e Board had previously comveye~ a lon~-te~ lea~e to Richmond C~llular Company to construct a teleco~unicatio~s tower ~hind the p~lic safety co~unication wi~in the County and ~ey were $25,000. 91-542 8/28/91 Hr. Edward willey, Jr., representing Richmond Cellular Telephone Company, requested the Beard to give favorable hearing was closed. On motion of 5~r. Applegate, seconded by Mr. Mayes, ~he Board authorized the county Administ~ato~ to execute an agreement oonv~ying a two year option to Rio~und Cellular Telephone containing 2,691 equate So~t, more or less, together with an Magisterial District of Chesterfield County, Virginia, adjacent to Fire Station $2 for use as a telecommunicatlons lO.B. TO CONgID~AN~i~ARC~TOAM~D TRg~ODR OF~M ~ SE~ION 12-22.~ ~-RTING ~ D~INO~ ~. Mi~a~ ~tat~d thi~ date and time had been advertised for publi~ hearing to consider an ordinano~ rela~ing to delin~ent whi~ ~e ~eneral ~s~bly had approved option~ for loealitle~ would re.ire the applicant, prior to the i~ance o~ business l~c~nm~s, to pay all delinquent bu~ine~ license, the County as a pre-condition to i~uance of a collectlon of business license taxe= during cfi=leal Ike Ca~ichael, Co~issioner cf R~v~nue, stated the collection of business license taxes wam imperative and felt ~m re~trictionx of th~ ordinance would not only increase the Workload in hi~ office but the court docket as well and~ After ~rief discussion, O~ motion of Mr. ~ay~, seconded by Mr, Daniel. the ~oard tabled ~nd~fin~t~ly an o~dinance to emend the Code of the CO~y of Chesterfield, 197~, amen~e~, by adding a new sec=ion 12-22,1 relating to delinquent b~siness license~ and per~onal property Vote: Unanimous 10.c. T~ CONSIDER AN OPJ~INANCE TO AMEND '£H~ CODE OF THK public hearing %o consider an ordinance relating to ~ingle ~ing sent to ~ach taxpayer. He noted the Treasurer and ~ the current computer software package generat~ individual bill~ and they ~it ~hanglng the ~y~tem would be ~o~tly and time consuming. No one came forward to speak in favor e£ er against tJn~ ordinance. Di~ssien, comments, and questions ensued with ~r. Iko Car~ichael, Commissioner of Revenue, relative to the initiation of the ordinance; the sapab~lity of the present whether mere than ems tax bill ta the same owner was mailed individually or together; a~d the present mccounting system On motion of Mr. ~ayes, seconded by Mr. Daniel, tee Board tabled indefinitely an ordinance to a~end the Code of the County Of chesterfield, 1978, a~ amended, by amendln~ Section S-12 by adding a new sub-p~ragraph (e) to allow a single real property tax hill and a single tangible personal property tax bill to be sent to each taxpayer. Ayes: Mr. Sullivan, ~r. Daniel and Mr. ~ayes. Nays: ~r. C~rrin and ~. Applegate. 30.D. TO CON$ID~ AN ORDZNABr~ '~0 ~ ~ P.E~ACT SECTION 8--13.3, ,,?ODE_O.~ ~ ~/~ ~ ~%~X~L~, 1978,..A~ a~DED, ~ATING TO T~ ~aSSIFICATION FOR....~RSONAL ~. Micas stated ~is dat~ and tim~ ha~ ~en adv~ti~ed for public hearing to consider an ordinance relutln~ %0 =la~sifioation ~or personal property tax purpose~ of motor vehicles owned by a~iliary police officers and uped auxiliary police duties, ae ~u~er stated the or,inmate would allow the B0a~d tO met a l~e~ p~rz~nal property tax rate for auxiliary police offi~ and ~at the Board had pre~iously adopted u lower tax rate f0~ vol~tee~ 6~a~u an~ vol~r zire ~epartment personnel. He note~ the or~n~n~$ wo~ld be eff~ct~v~ for the 1992 tux year i~ the ra=e would be se~ in the ~dge~ proo~6s an~ ~ potential loss of revenue would be approximately $3,000. No omc c~e fo~ard to ~peak in favor of or against the ordinance. ~. ApDlegate inquired as to where to draw ~ lin~ ~an=in~ ~e~e t~e~ of re~es=~ and ~ta=e~ he ha~ received of benefits. ~ief Pittman stated he supported any benefit~ for auxiliary police officers who are volunteers to ~e and work many lon~ hard hours. He further stated ther~ currently thirty-five auxiliary police officers and ordinance would au~orize uP =o ~i~ty officers to receive this M~. Cu~in inquired as to t~e t=aining ~eoeived by volunteers an4 whether vol~nteers ar~ =ompensat~d for it, ~ief Pit~an stated volumtesr~ receiYe extensive training in which ~y arc not Com~enmate~. ve~ hard and in, ired if there was another means in which Pittman stated ~is t~e of re.est had been initiated because rescue squads and vol~teer fire.an. was minimal to ea~ ~ecipient and suggested t~e f~d~ could 91-544 8/28/91 instead be appropriated to the Police Department to be used to support volunteer efforts. Me further stated he felt this was a way to ~ay thank you .t~ volunt~r~ for making a valuabl~ contribution to the CoUnty and alss' felt tha~ without volunteers, the County would most ii~eiy be paying overtime to policeman. Mr. Currin stated these typos oZ situations have been addressed by the General Assembly which is now · oca~i~ies to ~ant these re~uests and he felt mince the Board had already granted the sa~ consld~ration to tke volunteer ~escue squadm and volunteer fireman, it ~hould also be granted ~o the volunteer auxiliary police officers and moved adoption of an ordinance to amend and reenact 8=etlon 8-13.3, Code of the County of Chesterfield, 1975, a~ a~endcd, relating =o olassifieation for per~onul property tax purposes of motor vehicles owne~ ~y auMiliary police officers and use~ for a~xiliury police duties. Mr. Apple~ate stated he felt the Board should develop a policy llmlting these ~es cf requests and restrict consideration to those who provide direct service to the County. The~e was b~ief discussion relative to developing a polley; where to draw the line on these ty]~es of rec~lestsf and authority of the General Assembly in allowlng the Co%l~y to approve these ~ypes of requests, Mr. Maye~ made a ~eti0~ to defer the ordinance until September ~5, 1991 to give ~taff an opportunity to provide alternative reco~nendations to compensate the volunteer auxiliary police offlcerm. l~r, ¢urrin stated he already had a motion on the floor to recommend approval of the ordinance. Mr. Daniel seconded the motion. [ir. Sullivan asked if the~e Was a second to the ~ub~tit~te ~otie~, M~. Applegute seconded the substitute motion. Mr. Sullivan called for the vote on the ~ub~tltute m0tio~ by Mr. Mayas, seconded by Mr. Appls~ate, to defer an ordlnanee to amend and reenact Section ~-15.$, C0~e of the County of chssterfleld, 1978, as amended~ relating to the classification for personal property tax purposes of motor vehicles owned by auxilia~y police offlcere and used for auxiliary police duties until September 25, 1991 at 9:00 a.m. in order to give staff an opportunity to provide alternative recommendations to compensate the volunteer auxiliary police officers Ayes: Mr. Maye~ and Mr. Applegat~. Nays: Mr. Sullivan, Mr. Currin and Mr, Daniel. M~. Sullivan ~alled for the ~ot~ on ~r. Currin~s motion, seconded by Mr. Daniel, go approve the following ~uN ORDINA/qCE TO AMEND CblA~TER 8 OF THE CODE OF THE COUNTY O~FC~ESTER~IELD. 197~, AS AMENDED, ~¥ AMENDING REENACTING SECTION ~-13.3 RELATING TO THE TANGIBLE PERSONAL ~RO~KRT¥ TAX CI~$$IFICATION OF HOTOR VEHICLES OWNED BY MEMBERS OF VOLIJNTEER RESCUE SQUADS, MEMBERS OF VOLI~TEER FIR~ DEPARTMENTS AND AUXILIARY POLICE OFFICERS BE IT OF~DAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 8 of the Code of the...County of Chesterfield, 197~, a~ amended, is hereby amended by amsn~ing and reenacting Section 8-13.3 as follows: (a) Motor vehicles owned by members of a volunteer tenglble personal proper~y ~axa~ion, subject to the standards, conditions and requirements provided in this section. (b) For any tax year, only one (1) motor vehicle per owner may bE separately classified pursnant to subsection (a). (o) To qualify for ~eparate classisicatisn under this section, the motor vehicle must: (1) ~ cwne~ by a member of a volunteer rescue appointed to serve as an auxiliary police officer pursuant to (~) Be used regularly by ~he member to ~mpond t~ call~ or used by a member who r~gularly performs other dutle~ for ~he re~oue ~uad, fire department or pulice department; (]) R~ used for such calls O= tO p~rfo~ such other duties more often then any other motor vehiole owned by the member. auxiliary police off,car pursuant to Section 1~.1-159.2, Code ¥~isle separately classified for a tax year under this organization or department, tsar: (1) The member is a member o£ ~he organization or (2) The member regularly responded to emergency calls received by the organization or department or regularly during the previous calendar year; (3) T~e motor vehicle for which a separate classification is sough~ was regularly used tQ respond to ~u~h often than any other vehicle owned by the member. Vote: Unanimous ~r. Mica~ ~tated this date and time had been advertised for a ~ublic hearing ~o con~ider an ordinance relating to the classification for personal ~roperty tax purposes of motor the estimated loss of rewenue would b~ $4,200 to $5,700 per year. Reverend Tony stated he was u retired disabled veteran, a resident of the County, and was als0 a volunteer auxiliary police officer, and that he supported the ordinance ~or all ~. Ike Car~ishaet stated he was a veteran and supported the ordinance but felt the ~e~rd should be aware there weul~ be an impact on the Co~iss~oner of Revenue'~ office and the Office There being no one else to address this ordinance, the public hea~ing was closed. Fnf. Mayes stated he felt the ordinance wa~ clearly defined and, therefore, made a ~otien, seconded by Mr. $~lliva~, to adopt an ordinance to amend Chapter 8 o~ the Code of the County of Chesterfield, 1978, as amendsd~ by enacting Section 8-~3.4 relating to the classification for personal ~roperty tax ~urposes of motor vehicles owned by veteranz with service-connected dis~bilttle~. There was considerable discussion regarding the Board's discussion on limiting those types of requests; restricting consideration to tho~e who provide direo~ service to the county a~ previously discussed; the ordinanc~ being restrictive ~n te~$ O~ veteraas who would quallfy; whethnr the ordinance would help those in nemd of this type of ¢en$ideratlen; the line being ~rawn limiting the~e types of requests; whether the ordinance going beyond the County's responsibility in prcvidin~ the~e benefits; the ordinance providing for those who were disabled and tho o¢on0mio requirements; and the ordinance being an opportunity to thank and recopnize the contributions of otherm to the County; etc. ~hen a~ked, ~r. CarmichaeI ~tat~d tbs ordinance would require considerable ti=e depending on the number Of Veterans who ~ade application. Mr. Curtis stated since several concerns had ~een expressed, he could not vote on the ordinance at this time. Nr, Mayes called for the question os the motion he mado~ seconded by Mr. Sullivan, to adopt an ordinance to ameDd Chapter 8 of ~he Code of ~he Count~ of chesterfield, 1978, as a~ended, by enacting Section 8-13.& relating to the vehicles owned by veterans with servlce-co~-nacted disabilities. Mr. Daniel state~ since the Boar~ had concerns about the ordinunce, he felt the motion should b~ for ~e~erral or some ether action other than adoption. Mr. Currln offered s substitute motion, ~econded by Mr. Applegate, to defer an ordinance to amend Chapter ~ of the Code of the County of Chesterfield, 197~, as amended, by enacting Section $-1~.4 relating to the classification for' personal property tax purposes of motor vehicles owned by veterans with service-connected diszbilities until September ~5~ 1991 at 9:00 a.m. Vote: Unanimous 91-547 8/28/91 TO CONSIDER AN ORDINANCE ,TO..AM~N~_C~%Pj~ 8 OF T~E CODE OF T~ COUNTY OF ~H~STE~FIE~D. 1978. A~ AM~NDED~ ERACTIN~ SECTI~ 8-13.~ R~TTN~ TO '1~ CLASSIFICATION FOR ~O~ P~P~ T~ P~SBS OF H~R ~. Micas stated thi~ date and tim~ had be~ advertised for a classification for personal property tax purposes of motor vehicles o~ed by certain elderly a~d h~dlcapped persons and would allow a lower tax rate to be set fo~ all elderly and handicapped persons who met economic requirements. Me f~ther tm~ayers would qualify and the potential loss of revenue would be $178,200. He no%e~ th~ Co~issioner of Rev~ue felt ~e ordinance, if adopted, would require an additional position for his office in or,er to handl~ the increase workload. No one came forward to speak in favor 0f o~ aqainst the o~dinance. th~ ~oar4 had already d~ferred and felt a deferral of this ordinance wa~ also in order. personal property tax pu~oses of motor V~hiolem owned by certain elderly and han~icappe~ persons until $ep~e~r 1991 at 9:00 Vote: Unanimous ~ION 7.1-2 ~T~C ~ ~ ~ OF ~G ~. Hicas ~%ated ~is date and tim~ had been advertised for a public hearing to oo~i~e~ an o~dinance relating to the bo~daries of vo~in~ precincts and location of polling places. ~e f~the~ ~tated that d~e to th~ State ~enatorial redistricting, it was necessary for th~ ~oard to split the Skin,after, Ettrick, and ~toaca voting 9~ecinot~ and to shifu a portion o~ Brande~iI1 voting 9re=in=t int~ voting precinct. He noted the ordinance had b==n adopted, an emergency ba~, an~ the Justice D~Da~ment had been asked to approu~ the splitting of the precincts on an expeditious ba~i~ but have not approved i~ a~ of ~i~ time an~ bmcau=e th~=, the Registrar would have to direct voters to separate voting booths in two of the pr~clncts fo~ t~e p~i~ary election ~. Robert Harvey, Chairperson of Voter Registration in the County ~f ~ssterfleld for the N~CP, stated thsy objected to the ordinate ~plltting the votlnq precinct~ of Skinquarter~ ~toaoa, and Ettrlck; that the redlstrlctlng plan s~mittad thm Justice Department would not be approved until Scot--mr 24~ 1991 and~ ~efora~ they f~lt th~ Board ~houl~ not con~ider =hanges ~n ~e votlng ~recln=ts until after that time; and ~at splitting ~e vd=lng precincts was a violation voting strength. ~. Daniel in, ired if the voting precincts being split were ~. Mica~ ~tated that was correct. ~. Daniel stated that ninoe th~ s~natorial ~istrict lines were dra~ by the Stat~ and the ~eneral A~e~ly, redress wa~ wi~ the~ a~d ~ot with 91-~48 8/28/91 the Board of Supervisor~; and that the Board cf Supervisors had a legal obligation to provide voting praulncts that are Currin concurred. Mr. Mayas stated he felt it was tho responsibility of the Board of SUpervisors when they adopted the redistricting plan and made Matoaca District two-thirds of the county in land and that the need for the split wa~ generated by that pian~ that the Justice Department has not yet approved the redistricting plan submitted by ~he County and, therefore, felt no action should be taken by the Board regarding the ordinance until a decision was rendered by the Justice Department. ~en aoke~, ~lr. ~i~a~ stated the ordinance wa~ generated ~y State action to redraw tbs Senutorial district lines and requested by the Registrar aD~ WaS ~nrelute~ to the Medi~trieting ~len which has been approved by the Justice Department. ~o. Diane ~orn~er~er stated she had been transferred into the Matoaca District and felt the District Was too large to be re~resented by one supervisor, she added when she went to vote at the Republican Caucus, she was informed she could not vote at that precinct because her name was not on the votinq list as did other citizen~ and =his was unfair, There being no on~ el~e to address this ordinance, the public hearing wes olosed. Mr. Daniel ~ade a ~otion to readept, on a permanent basis~ an ordinance tO a~end the Code of the County o£ Chester£ield~ 1978, as amended, by a~ending S~ctien 7.1-2 relating to the boundaries of voting precincts and location of polling places, Mr. Applegate seconded hi~ motion. ~lr. Applc~atc inquired if the ~enito voting precinct line~ had been draw~ by th~ state er the Registrar. M~. Micas stated the lines h~d been drawn by the Registrar but were drawn in response to ~ne Sta~e senatorial d~striet lines. D~scuss~on, comments, and questions ensued relative to the cost effectiveness of ~mal] voting F~r. Mayas inquired if citizens who disagreed with the redistricting plan could f~le eu~t in federal court to seek an injunction against implementation of the plan. Mr. Kites ~tatsd any person who felt their, constitutional rights had been violated could file suit in federal court. Mr. Ramsay stated he would followup with the Registrar Mr. Daniel requested the County Administrator and the ensure more effective ways for next year's election by consolidstin~ as many common voting precincts as possible in an effoz~c to make the system more cost-effective and ~fflolent. Mr. Sullivan called for th~ vote on the motion ~ade by Daniel, seconded by F~r. Applegat~, to raadopt the following ordinance on a per~anent basis: AN ORDINA/qCE TO A~END THE CODE OF THE COUNTY OF BE IT ORDAINED by the Board of Chesterfield County that the Code of the Countv 91-549 of Sl~Slgl Chesterfield, 197~, a~ amended, is amended by amending section 7.1-2 as follows: sec. ?.1-2. Precinct...bp.%~da~i~s and polllnq~laces. The following shall be the precinct boundaries and polling places for magisterial districts in the county: o e o ~{ATD~C..A MAGISTERIAL DISTRICT .ETTRIC~ ~OTING PRECINCT: Beginning at the intersection of oldtown Creek with th~ boundary line between Che~terfleld County and the City cf Colonial ~eightm; thence along the ee~ter line of 01dtowll Creek as it meanders in a sou~hwemtwardly 41rectioa to its point of intersection wi~ Hicko~ ROad {State Route 628) thence southea~twardly at~ng t~e center line of Hickory Route 36); thenc~ ~astward!y along Rive= Road (state Route ts its intersection wi~ the Seaboard Coast Line ~ilroad r~ght-of-way; thence southwardly along said right-of-way bounda~ line between chesterfield county and th~ City of ~etersburg; th~ce eastwardly along said bo~dary llne as it follows ~c Appomatto~ Rive~ to frs intersection with the boundary line between Chesterfield County and the City Colonial He~gh%~, the point and place Of The voting place fo~ Rttrick Voting ~ecinct Shall ~ick El~tary school, ~0910 che~t~rfi~ld Avenue. B~NCMES VOTING PRECIN~: B~ginning at =he intersection of swift Creek with the boundary li~e betweeD ~esterfield County ~nd t~e City Colonial Heigh=s; thence along ~e o~n%~r lin~ of swif= as it meanders in a n~r~westw~rdly ~ir~ction to its intersection with the center llne of Bradle~ Bridge Road (State Route 65~); then~ proceeding gouthwardly along center l~ne of Bradley Bridge Road (State Route 631) to proceeding southeastwardly along the o~ter line of Woodpecker Road (S=a~e Route 625) to its intersection with th~ sou~wes~wardly alon~ the center line of sandy ~ord Road to its inter~ction wi~ Hickory Read (state Route 6~8); thence suutheastwa=dly along the center line of Hickory Road (State Route 6lB) to its intersection with Oldto~ C~ee~; thence northeastwardly to it~ inter~ection wi~ th~ boundary line ~ence along $u=h bo~dary li~e i~ a nor~wardly direction to its intersection with Swift CreW, ~hm point and pla~e beginning. The voting place for Brun~em Voting ~ecinct shall be Ma~oaca High s~ool, 6001 ~icko~ ~oad. ~TOA~ VOTING PRECINCT: Beginning at the point of intersection b~twe~n the Virginia Power Company easement and the Appomattox River; =h~noe northwaTdly along said eas~en~ to its with Hickory Road (State Route 628); thence westwardly along ~e center line of Hickory Road (State Route 628} =o intersection with Graves Road (State Route 630)~ thence 91-550 B/2S/91 sout~westwardly along the center line of Gravee Road (State Route 630) to its intersection with the center line of River Road (State Routs 602); thence leaving the center line of River Road ($tatm Route 602) in e straight line on a course and Dinwiddie County; thence eastwardly along the boundary line between Cheeter~iel~ COUnty and Dinwiddie County us it follows the Appomattox River to the point and place of beginning. The voting place for ~atoaca Voting Precinct shell be ~%RDOLPR VOTING PRECINCT: Beginning at the intersection of the Seaboard coast Line Railroad right-of-way and the Appomattox River; thence northwardly along said railroad right-of-way to its inter,motion with River Road (State Route Z6); thmnce westwardly along the center line of River Road (state Route 36) to its interceotion with Hickory R0a~ (State Route 6z8); thence westwardly along the center line of ~iekery Road (State Route 628) to its intersection with Ol~town creek; thence eouthweatwardly along the canter line of 01dt0wn Creek to its intersection with the Virginia Power Company easement; thence ~outhwa~dly along maid easement to its intersection with the Appmma=tox River, thm boundary between Chesterfield county and Dinwiddie County; t~enc¢ oastwurdly along the bo~n~ary line bmtwmen chesuer~ield County an~ Dfnwi~ie county and the city of P~tersburg us it follows the Appomattox River to it~ intersection wit~ ~e seaboard Coast Line Railroad right-of-wuy, the point and place of beginning. The voting place for Randolph Voting Precinct ~ha11 be Ettriek/Matoaea Library, 45~1 River Road. coo SKINOUARTER VOTING PRECINCT: Ce~encing at the center line of Ctterdale Road (State Route 667) with the center line of U.S. Route ~60 (Hull Street Road); thence westwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with the Appomattox R~ver, the boundary line between Chesterfield and county; thence along such boundary line in a weetwardly and northwardly direction as it follOW~ the Appomattox River to its intersection with skinc!uarter Creek, the boundary line between Chesterfield County and Powhatan County; thence continuing northeastwardly along said boundary lime te it~ intersection with the center line of Swift Creek; thence eastwardly along the center l~na of Swift Creek to its interEec%ion with Otterdale Road (s~ate Route 667); thence eouthweetwardly along the cente~ line of Otte~dale Road (State Route 667)} to it~ inter,motion with U.S. Route 360 (Hull Street Read)~ to the point and place of beginning. The voting place for Sklnquart~r Voting Precinct shall be Mt. Hermon Baptist Church, 1el00 Gsnlto Road. ~V~RCR~N ~OTING PRECINCT: Commenclnq at the center llne of 0tterdale Road (State Route 667) with the center linc of Swift Creek; thence westwardly along the center line of Swift Creek to its point of intersection with the boundary line between Chesterfield County and Powhatan County; thenGe along such boundary line in a eastwardly and northwardly direction to its point of intersection With U.S. Route 6~ (Midlothian Turnpike); thence eastwardly along the center line of U.S. Route 60 (Ki~lothian T~rnDike) to its intereection with 0tterdale Road (State Route 667)~ thence mouthwardly along the center llne of ohter~ale Road (state Route 667) ~o itc intermeotlon with the Virginia Power Company easement; thence montheastwardty along the center llne of said easement to its inter~eotion with Coalfield Road (State Route 75&); thence ~outheamtwardly along the center line of Coalfield Road (State Route 754) to its intersection with Hiners Trail; thence eastwardly along the center line of Miners Trail to its intersectlun with Lucks ~anc (State Route 7~0); thence eastwardly along the center line of Lucks Lane (state Route 720) te its intersection with courthouse Road (State Route 653); thence southwardly along the center line of Courthouse Road (state Route 653) to its i~tersec=ion with Powhite Farkway ($~ate Route 76); thence we~twardly along the center line of Powhite Par~ey (State Route 76} to its intersection with old Hundred Road (State Route 652); thence northwestwardly along the center line of 01d ~nndred Road (State Route 652) to its intersectien with Otterdale Road (State Route 667); thence southwardly along the center line of otterdale Roa~ (S~ate Route 667] to its point Of intersection with Swift Creek, the point and place of beginning. The voting place for Evergreen voting Precinct shall be at ~vergreen ~le~entary SchcoI, 1701 ~vergree~ Eaet Parkway. CLOV~R ~iLL M~CIST~RIAL DISTRICT GENITO VOTING PRECINCT: Beginning a= =~e center line of Powhi~e ~arkway (~tate Route 761 with the center lin= of Courthouse Read (state Route 65~); thence southwardly alo~g the center llne of Courthouse Road (State Route 653) to its intersection with the center llne of U.S. Route 360 (Hull Street Road); then~ southwestwardly slang the center line of U.S. Route 360 (Hull Street Road) to its intereection with the center line of old ~undred Road (State Route 6§1); thence northwardly on the center line of Old Hundred Read to it~ intmr~ection with Powhite Parkway (state Route 76)~ thence eastwardly along the center line of Powhite Pa~way (state Route 76) to its ia~ersaction with Courthouse Road (grate Route 65)), the point and place of beginning. The voting place for ~enito Voting Precinct shall De Providenae Elementary School, ll001 w. ~revideooe Road. BRANDER~ILL VOTING PRECINCT: Beginning at ~e center line of old Mundred Road (state Route 65~) where it inter.ecrm with Little Tomahaw~ Cree~; ~outhwardly to its intersection with Genito Road (State Route 604); thence eastwardly alon~ the center line 0£ Genito Road (Share Route 604) ho its intersection with Old ~unclred Road (State Route 652}; thence northwardly and westwar~ly along %he center line of Old Hundred Road (State Route 652) to its intersection Little Tomal~aw~ cre~k, it~ point and place of beg~nnlng. The voting place for Rrandermill Voting Precinct shall be Swift Creek Elementary School, 13800 Genito Road. Ayes: Mr. Sullivan~ Mr. Currin, Mr. Applegate and Mr. Daniel. Magisterial Dis=r~ct ~sve been done 5 qreat injustice in this 91-552 It was generally apTeed to recess for five minutes. 11. ~. Ha~er stated ~e Board had directed ~taff to explore thc management i~ue~. He fur~er $~a~ ~%az~ was the Board change the Re=ycling Co~ittee to a Board appointed ~olid Wast~ Advi~o~ co~itt=e. He note~ ~e change was in rmco~ition of ~e overall i~ues the Recycling Co~ttee hav~ ulrea4y ~een s~udying. ~. Mayas state~ he was ~n fauor of the paper as p~esented by staff a~d felt it would give the existing Recycling Co~ittee an opportunity to address broader areas o~ recyci~ng an~ ~, Maye~ made a motion to approve rede~i~ating the Recycling co~i==ee as ~e Solid Waste AdVisory Co~itt~e and e~anding the Co~ittee~ responsibilities. Mr+ C~rrin ~conded the ~. ~rrin ~tated he felt the iss~e~ in the paper were items request was to put it into m formal Dian. ~. Ha~er stated he felt it would give the Rucyullng co~itta~ the opportunity to b= involved in the Solid Waste Regional Plan which deals with landfills an~ o~her solid waste Management Authority would dictate th* Re*yoling ~elng involved in landfill operatlon~. ~. Ha~er ~at was correct. Mr. Sullivan inquired as to the study including the assessment of ~e need for ~e County to remain actively involved waste disposal versus privutizing disposal services. Mr. Ha~er ~tated this was in reference to an option which had process i~ which staff indicated there was some interest in landfills and privatize those operations as opposed to a~e o~ently partially privatized. Mr, S~lli~a~ culled for the vote on the motion made by resDonsibilitles are a~ follow~: these 2. Examlne e~i~t~ng wamte collection syztemz in the Cowry, ~th ~ubli= and ~rivate, and make a regarding the role of the ceunty in tats area. De~ mon~ trash ~ervic~; the feasibility of expanding ~1-553 8/zs/91 vote: eliminating county collection services; t2%e role of the private haulers; an assessment of user fees and/or increased taxes as funding mechanisms for County collection services. Examine existing waste disposal systems in the Co~h~ty an4 make a recommendation regardinG the role of the County in this area. This study would include: assessment of the ne~d fe~ t~e County to remain actively involved in waste disposal versus privatizing disposal services; review of regional waste di~9o~al plans being developed by the central Virginia Waste Management Authority, and level of County involvement in the implementation of these plans; an assessment cf user fees and/or increased taxe~ as funding ~echanis~ for County disposal services. Examine alternatives to landfilling ~u~h a~ waste to energy and municipal ~olid waste oomposting and ~resent the~e findings to the ~oard for con=ideraticn. Unanimous Management, state~ staff had been directed to proceed with the County'~ R~cycling p~ogram and to recommend to the Board alterna~ive~ for funding the Program. She further stated ~taff was recommending tO fU~d th~ Recycling Program by using operating funds budgeted for that purpose to be transferred to the Extension Serviue Budge~ for operation of a household hazardous waste facility at the Northern Area Landfill. She noted if f~ were established to cover recycling costs, some or alt of the funds taken from capital Reserve could be the Program. ~ir. Hayes inquired if the Recycling committee had input into thc development of the proposal for funding the recycling program~. ~r. Hammer stated the Recycling committee had input their position on fees- Mr, Ramsey stated the Recycling involved in the reeommendation~ regarding the funding. Mr. r~cycling programs which involved the propo~ul to eliminate the County's mont~hly trash collection program or as a substitute to eliminating the program, charging e fee for the t~ash collection and that tho Committee had el~o nndcr~ed the raised through recycling programs, the program should then he founded with tax ~upport~d fund~ a~ opposed to fee ~upported I4r. Horace $ims~ a member of the Recycling committee, stated he had ~ubmitted his own r~¢ommendation to the Recycling Committee which he felt had be~t addressed the issue; that the County had a mandate by the state to recycle e certain percentage of waste and felt in order to de this, the County needed to establish control of the waste stream; that he did not feel recycling should be based on a voluntary effort; and that an effective recycling ~rogram should be baaed on the development of a department of waste management which would be remponsible fur th~ sure dispom~l of eoli~ waste and recycling in the County. Mr. ~ammer clarified that Mr. Sims had been the only me~ber of the Recycllng Committee present who had voted against elimination of the once a month trash collection program as a way of funding recycling and would prefer the County initiate solid waste pickup th_roughest the county and totally sUpport thc collection program. He further stated the committee fei% the beet method of funding recycling was through tax mupported sources end the paper presented would do this. He noted he felt the paper was consistent with the Recycling Committee's direction. Mr. sims concurred. Mr. Mayas stated since he had not attended the last Recycling Committee m~etlng, he did not feel comfortable supporting the paper as presented without discussing it with the other members of the Recycling Co~mmittee. Mr, Mayas made a motion to defer consideration of the source of funding for county recycling programs until September 25, %991 at 9;00 a,m. Mr, Applegate seconded the motion. Mr. ~m~ey Glarlfied the aotlon taken previously by the ~oard had dlrsctsd staff to proceed with the improvementm at the of funding. M~, Curri~ stated he felt th= method of funding wee the issue stuff's reco~endetion. ~e noted if, et some point in tlme~ T, he Recycling Committee derived a different method of funding~ the funding could be readdreeeed and felt there was a need to resolve the issue of ~he funding in order to accommodate the improvements at the Northern Area ~andfill. Mr. Daniel stated he supported the reoo~endation on the source ef funding but had concerns about the Recycling Coordinator pomition and felt careful consideration shoul~ be given to the number of job opening~ in general and, therefore, would support the paper as presented by staff with the exoepti0~ of t~e ReCycling Coordinator position which could be handled with an interdepartmental ~ranmfer. Mr. Curtis stated he alma felt the funds for the Recycling Coordinator position should be eliminated from the pr0pegal. Mr, Sulli~an stated he felt staff had GO,plied with the Board's direction which would expand the cu~bside Recyoling Program to include an additional 10,000 or better hommm ~nto the Program and, therefore, supported the recommendation for the source of funding but also felt the Recycling Co0r4inator ~esltlon ehoul~ be eliminated from the fnnding. Mr. Applegate inquired as to e~he statue of the Future Capital ~rojac%~ Account. Mr, Ramsay stated currently there was $4.5 mil]~on that wam not Committed. F~u. Applegate stated he would llke to see recycling containers provided in some of the County's parks. Mr. Hammer stated thi~ i~ue wam being considered. Mr. Bullivan made a substitute motion, seconded by Mr. Daniel, to approve the funding for County recycling programs with the exception of the $45,000 in funding for the Recycling Coordinator position as follows: 1. Appropriation of $31~,000 from the Re~erv~ for ~uture Capital Projects and transfer to the Northern Area Landfill Construe=ion A=sount. 2. Transfer Of $315,000 from the Northern Area L~fill Construction Account ts the Sanitation Budget for recycling. 3. Transfer of $60,000 from the ~xt~nslon Service FY92 Operating Budget to the San~tat{en Budget for racy=ling. Ayes: Mr. Sullivan, Mr. C~0:rin, F~. Apple~ats amd Mr. Daniel. Nays: Mr. Mayos. ]l.C. CASH PROFF~ POLICY BONDING PROV/SION Mr. Ramzey stated the Board had hal0 several work seas{cna on cash proffers and ~r. Daniel hsd requested tho Board reconsider t~e Cash Proffer Policy to eliminate that port{on of the policy which deals with the submission of a surety bond to in~ure puymcnt of the 9rof£ers within two years of the date cf subdivision recordation and instead have each pr~ffar~ 0us at the time of building permit applicatiom. Mr. Daniel ~tated he felt under certain conditions~ the cash proffer ~aymmnt was being Dai~ at ~i~erent :imes durin~ tho from the Home~uilder~ As~oc{aticn resummanding t~e cash proffer payment be due at the time of building permit application and from MoGuire, Woods, Battle and Booths; W.$. issue. Mr. Applagate inquired am to the cash proffer ~aym~nt being due within two years of plat recordation. Mr. Micas etatod the n~plicant had two years after recording 5is plat to pay the cash proffer payment. Mr. Applegate inquired as tc where Proffer Policy had been interpreted that the cash proffer paymmnt wam due at the time of m~bdivi~ie~ approval but if the applloan% post=d a sure~y bo~, ~e could pay the cash proffer at ~he timo of buildiDg permit application. Mr. Applegate stated the concept behind t/~e Cash ~roffer Policy was for gtc%rrb to pay for growth ~nd that County ~srvice~ were not ~mpacted untll the astual time of occupancy at that time. Mr- Daniel inguirsd if a new rate for cash proffers was payment would be due. Mr. Micas indicated that if a euroty time e~ su3o~ivisisn approval. F~. Secky Thomas, Eiscal Impao~ Analyst, indicated that under the current policy, the cash proffor payment was due at the t~ms sf building permit a~lication and that the per let in time. she also stated =hat =here may be a difference in made at rezoning and the time actual cash proffer payments are applicant could possibly bond £or a lesser amount than they may end up owing. Discussion, co--ants, and questions ensued relative to the not be obtained~ the applicant would be required to pay the Mr. Dan{el stated he would like to ha~e a clear policy established and also felt the cash proffer payment should be due st the t~me of building per,it applioa%ian. 91-5~6 8/28/91 Mr. Currin stated he felt occupancy and not building permit application triggered ths impact on Caunty services. Mr. Apple~ate in~uire~ ~s to canh proffer payments collected for the yea~. Ms. Thoma~ stated the amount which had been proffered for residential lots was $1.5 million and the cast p~offer amount which hus uctually been collected was Mr. Duniel made a motion, seconded by ~r. Applegate, to approve a change in the Cash Proffer Policy to eliminate the bonding provision and the requirement that proffers be paid within two years of recordation and instead proffers would have to be pai~ no later than building permit application. Mr. Ramsey indlca~ed ~his change in the cash Proffer Policy would not affect those applicants who have already offered the cash pro~er an~ agreed to furnish the 6urety bond and pay within two years of plat recordation. Mr. Daniel requested th~ County Admlni~trator to prepare a list of those applloantm and options available to address the situation to be brought back to %he Board at its next meeting on September ~l, 1991, Mr. Sulliwan called for the vote on the motion made Dy Hr. Daniel, seconded by ~tr. Applegate, to approve a change in Cash Proffer Policy to eliminate the bonding provision and the requirement that ~roffers be paid within two years of plat recordation a~d instead proffsrs would have to be paid no later than building permit application. Vo~: Unanimous ll.D. COUNTY CAPITAL 1MPRO~TT ~. R~mey stated the Board had been informed as to th~ · imi=ati~ns of ~m County's ~mmuanc~ on ~nds for County projects and the County was anticipating the mal~ 0f DP~M ~ove~er which would leave approximately $9 million in County projects that would have to be d~ferrmd u~til another of ~onds was sold. He fur~er ~tated ~taff was direction from the Board as =o which ~rojects should forward or b~ delayed a~d staff was reco~ending proceeding with the Central Libra~ E~ansiun Project~ Uhe E~on ~ramch Library Project and a phase of the Public Safety Center Project. Mr. Mayes stated ~ th~ Smtoaca/Wemt Branch Libra~ was a the E~om Branch Libra~ had been moved up to be f~ded now when it was originally scheduled to be uum~lete~ in 1~3. would be completed; ~e orlglnal s~dule on the sompletio~ p=oj~ogs fo~ %h6 librario~ on ~he Ma%oaca/West Branoh Library~ ~ Midlothian Library E~an~ion and th~ ~non stanch ~ibrary Mr. ~y~ inquired if that was a change from the Bond Referend~ and state~ the Matoaca/West Branch Libra~ was be completed in 1991. ~. Ram~y ~tated it wa~ not a change. ~. Sullivan ztated he had zent to ~e Board a re~arding ~e libraries and, specifically, the Midlothian Library E~an~ion which he not~ wa~ the m0~t utilize0 library in the Co~ty. H~ requested th~ Board to con~ider the priority order on the projects as he felt ~e public would 91-557 8/28/91 benefit more by having the library expansion ra%~er %hen Ss clearing and grading pha~c on the site for the Public Safety Training Center and reco~endsd approval of the Enon Library, the Central Library Expansion, and the Hid!othian Library Expansion and d~ferral of the Public Safety Training center. Mr. Keyes stated the librery issue was voted on in the Bond Referendum and he felt Matcaea District ~hould not be denied their request for additional facilities. Mr. Currin stated prior to becoming a ~ember on the Boa~d of Supervisors, there had been n~merou~ requests by citizens in th~ Enon area for a libra~. ~ fur~er ~tated Enon was located in a manufacturin~ and industry ar~, which was p~ominant tax ba~e for the county, and the ~itlzen= residing =here have a~apte~ and ar~ willing to have ~is indumt~ in frum residents in the Enon area outlining ~eir cones=ns for a library and noted the residents currently eider use the App~ttox Reqional Libra~ which is located in Hopewell, the ~ester Branch L~brary which is ove=or0wde~, or the use the school libraries; that ~%andardized ~esting ha~ fndioat~d ohildren ~n ~e Enon area are below the l~vel for test~n~ in Language ~ts~ and felt ~e library could also serve as a facility in whi~ older c~t~zens could usa as a m~eting place and requested ~e Board to go forward ~i~ th~ Enon Branch Library. ~. Hayes inquire~ if 15 was illegal ~ use fund~ allocated in the ~ecord to ~how that the Matoa~a Distriot ham be~ denied ~r. Daniel stated he felt %he controversy was whether or not to comp19%~ ~= ~i~lu=hian Library ~ansion. Ke ~ther stated he felt there was n great n~sd for libruries and did not f~l Matoaca Dimtri=t was beln~ ~inglad out and ~hat there wa~ also a need for a libra~ in the Bale District in of the project; and the timeframe in which =he including the bid proues~, ~1~ be ~tarted and completed. ~. Daniel requested staff to bring to ~e Board a outlining the advantages and disadvantages of the Librery ~xpansion versus ~e Public Safety Training Center and ~. Applegate ~t~ted there was alxo an it~ on the Agenda regarding problems eno0unt~rad at ~a Ben Air Library; ~mt he would like to support all of the libraries ~a~ have been schedule4 b~t felt =he ~blic safety Training Cent~ was an important i~ue and the p~oject should be ~tarted~ that ~e capi=al Res~ve Fund could be used for the library t~e Capital Resale as an al=ernative =o some o~ funding Mr. Daniel ~de a motion ~c defer the County Capital order to allow ~e Co~ty Administrator to develop funding and a~ o~iqinally proposed in the $4.1 million proposal with $1 million %o be ~Dent now ~o~ ~a clearing grading Dha~ o~ the ~ito and for e time analy~i~ be developed on th~ Public Safety Training Center in regards to delaying the project if the Si million was not funded mt this point in time. There was bri~£ disdussion relative to deferral of the Safety Training Center and addressing the capital Reserve Fund am a ~ource of funding for the projects in general. Mr. Daniel amended his motion, ~e~onded by ~Y. Applegate, to 11, 1991 at ~:$0 p,m. in order to allow the County Ad/~inistrator to develop fundi~ and timeframe requirements, to ineludo addressing the Capital Reserve ~und as a source of funding fo~ ~oJect~ and for the Public Safety Training Center as originally proposed in the $4.1 million proposal with $1 million to b~ spent now for the clearing grading phase of th~ sit8 and £cr u time analysis be developed on the Public Safety Training Center in regards to delaying the project if the million wes not funded at this point in time. Vote: Unanimous 1~.~.~l. ~'~i' L~G~ ~ST~T~ON COST On motion of Hr. Ag~l~g~t~, ~=ond~d by Mr. ~ayes, ~e Board approved the co~t~ for ~treet light in~allatio~s/~pgr~ 1. Q~i~fOrd BouleVard and Willis Road, Be~uda Magisterial District, $237.00; ~giuturial District, $~,079.00; and 3. Chesterfield Meadows Boulevard a~4 Old Wre~mm Road, ~toaca Magisterial District, And, f~er, ~e Board app~o~d the cost cf $980.00 for the following upgrades in the Ratoaca Magisterial Intersection of Dupuy Road and Oakland Avenue I~tersectio~ of Dupuy Road and Roosevelt Street Intersection of Oakland Avenue and Pma=htree Street 4. Intersection of Oakland Avenue and Pl~t~ee Street Intersection of Plumtree S~reet and Roosevelt Street On motion of Hr. App~egat~, neoonde~ by Rt. Mayes, the Board app~eved obtaining Dost estimates for the installation of =treet llghts at the intersection of ~eli~=a Mill Roa~ and ~ueen Elizabeth Avonue~ in Olov~ Hill Magisterial District, ~nd at the int~re~¢tion of Court Street an~ Main Matoaca Magleterlal And~ fkt~ther, the Beard d=nied obtaining cost estinates for the installation of street lights at 2~407 court street, 21409 Court Street, and 21413 Co~t Street, Distri=t. On motion of Mr. Sullivan, ~conded by Nr. Applegate, the Board nominated Mr. C- F. Currin, Jr. (Business representative) and Mr. Jesse J. Mayes (Board representative), bo serve en the Appomattox Basin Industrial Development So,potation, whose formal appointments will bm made at the ~pte~be~ 11, 1991 meeting. VOte: Unanimou~ ll.G.1. ~I~R~A~OFLf~%N~O~IDLOT~IANVOLI~F~E~FI~ D~ART~N~ TO ~AY OFF BANK~OAN On motion of Hr. Applegate, seconded by Mr. Carrie, t/~e Board appropriated $45,~00 from the General Fund Balance to the Midlothlan Volunteer Fire Department for the purpose of paying off a relatively high intsres~ bank loan =hat was obtained to complete an ad~itloe to the M~dlothian Fire Station and which loan will be paid back over a five year period with no inter~t. ~EFFROP. XZ~ ~EaqNNING~O~4ISSIONTO CONSIO~ZONING ORDINANCEREOU~R~NT ~OR~I~A~ ~ On motion o~ ~. Applegate, seoon~e~ by ~r. curri~, th~ Board referred to ~e Planning Co~ission for consideration and r~oo~nda~ion of zoning ordinance re~ir~ent for new coordinate syste~ which will improve the coo~di~atio~ of non-resid~tial si~es into the County's developing geogra~hlc system, Vote: ~nani~ous 11.G.3. APPROPRIATION_O~ C~ BOAD FUNDS FOR STR~' i~EPi%~i~S XN WOODFI~.n eUBBM$ION On motion o£ Mr. Applegate, seconded by l~r. Currin, the Bsar~ adopted the following resolution: WHEREAS, citizen~ have requeut=d thc County bo ~epai~the s~reeta in the Woodfield Subdivision. NOW, T~EREFORE BE IT RESOLVED, that ~h~ Chesterfield County Board of Supervisors requests the Virginia Dspartm~nt of Transportation (VDOT) to provide a plant mix overlay these streets with the cost not to exceed $12,000. AND, B~ IT ~URT~E~ ~$OLV~, that the fund~ for overlay be provided from the Clover Hill District Three Cent Ro~d Vote; Unanimous 11.~.4. F'/'92 ~.uERAL ALCOHOL. DRUO~J~II~ ~ MEI~AL On motion of ~. Applegate, seconded by Mr. Currin, ~ Board accepted and ap9ropriated an FY92 Federal Aloohol~ D~g and ~ental Heal~ s~vices Block Grant, in the amount ~52~789~ f~om t~e State to ~e Chesterfield County co~unity Se~tces ~oard for ~e ~rovi~icn of ou~patlent services to ref~al~ f~ the Criminal Justic~ System end uuthori~=d the 91-560 establishment of one (i) senior Clinician position in order to provide i~te~ive t~eat~ant for those referred. (I~ is noted funding fo~ the new position is for F¥92 only and funding for the position beyond the surrent fiscal year will be contingent upon the continued receipt sf federal fund~ for this type of prcgr~. If federal fun~ axe not available in ensuing years, the pos~tlon would be eliminated or alternate fnndinq would have to be identified by the department. The funds are categorical in naturet thereby, preventing the departmsnt from using these funds in other MH/~L~/$A areas.} Vote: Unanimous On motion of MZ', Appl~gate~ seconded by Mr. Coffin, tl~e Board increased appropriation for School Capital Projects fro~ $1,061,401; decreased appropriation for ~chool Ca~i~al Projects fro~ 1988 bond proc~d~ by $~,6~,000; decreased 1988 bond proceeds by $~,85~,595; and aDpropriated for School Capital ~roject~ $49,~00 in VPSA incentive funds. 11.G.6. CORREC'~IONSTOMTNI]T~R~ D~ER 13, 19~9, ~ ]7~ 19~. ~ ~E 12, 1~91 ~.%T~G ~ On motion of ~. Applegate, ~eoo~d by ~r. Coffin, the Board oo~ected t~e ~i~ut~s of D~cember 13~ 1989, ~r~ 27, 1991, ~OM: "Thi~ day th~ County Enviro~ental Engineer, in acoordaDoe hi~ exa~i~atio~ of B~ckhorn Road, Trophy Lane and Trailbrook Drive in Dee~ood, Section C, Matoaca District. ~o~ co~side~atio~ W~eruof~ ~nd on motion of Mr. Daniel, ~econded by ~. Currin, it iS re$olve~ that Buc~orn Road, Trophy ~ne and ~ailbrook Drive in Dee~ood, Section Matoaca District, ~ and they hereby are established a~ publi~ ~d be it further resolved, ~at ~ V~inia Department of Transportation, be and it h~ruby i~ r~e~ to take into the Buc~orn Road, State Rout~ 3000, and going southerly 0.Z2 mile sou~erly 0.04 mile to tbs intersection wi~h Trailbrook Drive, then continuinq southerly 0.~1 mile to end in a Trophy Lane, beginning at =h~ in~rs~c%ion with Suc~orn and go~ng easterly 0.07 ~i]e to end in a temporary turnaround; B~e~O~ Road a~d going Westerly 0.06 mile~ then turning and going southwesterly 0.18 mile to end in a tempora~ t~rnaro~d. distance and designat=d Virginia Department o~ Transportation drainage These roads serve 38 lots. And be it further re~olved, that the Board of ~uarsntess to the virginia Department o£ Transportatisn a 20' right-of-way for all of th~e Thi~ section of bentwood is recorded a~ $¢¢ti0~ C. Plat Book 29, ~age~ 77 & 78, October 2, Vote: URanimous~ TO: "This day the County =nvirenmental ~ngineer, in accor~anc~ witt~ direetion~ f~em thi~ Board, made report in writing upon his exax~inatlon of ~=ckhorn Road, Trophy Lane and Trailbrook Drive in Dee~wco~ Section s, Matoaoa Distriot. Upon consideration whereof, and on motion of Mr. Daniel, seconded Dy ~r. currin, it is resolved that Buck2%orn Road, Trophy Lane and Trailbrook Drive in Deal*wood, Section C, Matoaca District, ba and they ~ere~y are established as public And be it further r~molved, that the Virginia Department of Transportation, be and it hereby is requested to taka ~nto the Secondary System, Buckhorn Road, beginning at existing Buckhorn Road~ state Route 3000~ ~nd going southerly 0.2~ mile to the in~er~ection wit/~ Trophy Lan~, then continuing somtherly 0.04 mile to the intersection with Trailbroo~ D~ive, then continuing ~outherly 0.11 mil~ to end in a cml-da-sac; end going easterly 0.07 mile to end in u temporary turnaround; and TTailhrook Drive, beginning at the intersection with Buckhorn Road and going westerly 0.06 mile, then turning and going southwesterly 0.18 mile to end ~n a temporary This request i~ inclusive O~ =he a~jacent ~lope, sight distance and designated ~irginia Department of Transportation guarantees to the ~irginia Qepartment o£ Transportation a ~0' right-of-way for all of these roads. with directions £rom this Beard, made report in writing upon hiu examination of Huntgat= Wood~ Road in Oak Spring~, Clover Hill District. ~econd~d by Mr. C~rrin, it is resolved that Huntgate Road in oak s~ringm, Clover Hill Dimtriot, he and it hereby is established as a public road. 8/28/91 And be it further resolved, that the virginia Department of Transportation, be and it hereby is requested to take into the secondary system, Hnntgate Woods Road, baglnninq at eximtimg ~%tgate Wood~ Road, State Route ~94, an4 going northwesterly 0.05 mile to the imtersaotlon with itself, then continuing northwesterly 0.12 mile, then turning and going westerly 0.04 mile, then turning and going southerly 0.03 mile, then t~ning and going southeasterly 0.il mile, then turning and going easterly 0.09 mile to end at the intersection ~it/~ itself. This re~uest is inclusive of the adjacent slope, sight distance and designated Virginia Department o~ T=anspur~atlon drainage easements. guarantees tn the Virginia Department of Transportation a 50' right-of-way for this road. This section of Oak Springs is recorded as follows: Plat Book 64, Pages 91 & 92, ~anuary 4, 1989. hie examination of ~un~ga%e Woods Road in Oa~ Springs, Clova~ Nitl District~ ~pon consideration whereof~ and on Road in Oak Springm, Clever Hill District, be and it ~ereby is established as a public road. And be it further re~olved~ t~at the Virginia Department of Transportation, be and it hereby is requested to take into the secondary system, Hnntgate Woads Road, beginning at existing Runtgate Woods Road, State Route 2S94, and going northwesterly 0.05 mile to the intersection with itself, then continuing northwesterly 0.1Z mile, then turning and going westerly 0.04 mile, then turning and going southerly 0.0~ mile, then turning and going southeasterly O.tl mile, then turning and going easterly 0.09 mile to end at the intersection with itself. This request is inclusive of the adjacent Slop~, sight dis~anoe an~ designated Virginia Departmen= of Transportation This read serves 49 lots. guarantees to the Virginia Department of Transportation a 50 right-of-way for this road. This section of Oak Springs is recorded as follows: Plat Book 64, Pages 91 & 92, ~anuary 4, Vote: Unanimous'~ with directions from thi~ Board, made re~ort in writing upon hi~ exsminstie~ of srighton Drive in Brighton Place, ~idlo~hian Di~rio~. Upon considers=ion whsrso~, and on motion o£ Mr. Applsgate, seconded by ~ir~ Daniel, it i~ renolved that Brighton Drive in Brighten Place, Midlcthian District, be and it hereby sstabllshed as a public road. And be it ~urthsr resolved, that the Virginia Daparkmant Transportation, be and it hereby ia requested to tak~ into the secondary system, Brighton Drive, beginning at the end of existing Brighton Drive, State Routs 2~05, and going northwesterly 0.05 mile, t~en turning and going northerly 0.11 mile to end in a cai-de-mac. This request i~ inclusive of %h~ adjacent slope, sight distance and designated Virginia Departnent of Transportation This road serves 16 And be it further resolved, that the soard of suDervisors guarantees to the Virginia Department ef Transportation a 50' right-si-way for this read. Brig~ton Place is reeer~ed as follows: Plat ~ook 66, Page 3Q, ~ay 3, Vote: Unanimeue" TO: "This day the County Environmental Engineer~ in accordance with direction= from this Board, made report in writing upon Bis e~amination of B~ighton Drive in Brighton Place, Midlothlan District. Upon consideration whereof, and on mo~ien of Mr. Applegate, seconded by Mr. Daniel, it is resolved that Bri~hton Drive in Brighton Place, Midlothian District, be and it hereby is established aea pnbtie read. And b~ it further re~olved, that the Virginia Depar~ent of Transportation, be and it hereby ~e requested to take ~nte the Secondary System, Brighton Drive, begiru~ing at the end of existing Brighten Drive, State Reute 210S, and going northwesterly 0.OS m~le, then turn~ng and going northerly mile ~o en~ in a cul-de-sac. This request is inclusive of the adjacent elope, sight distan=e and demignated Virginia Departmen~ of Transportation ~rainage eassnents. This road serves 16 tote. And be it f~rther resolved, that the Board of Supel-~isers guarantees to the Virginia DeDartment of TransDortation a right-of-way for this road. Brighton Place is reoorded au follows: Plat Book 66~ Page 30, May 3, 1989. vote: Unanimous" 11.G.?. STAT~ROADACCEPTANC~ This day the County ~nvlron~ental Engineer, in accordance with directio~ from this Board, made report in writing upon his examination of Abbot's Mill Way, MoAllen court and Pomfret Cou~ in ~bot's Mill, Section ~I, Clover E~ll Di~tri=t. ~1-564 8/~8/91 Upon consideration whereof, and on motion of Mr. Applegate, se¢oDded by Mr. Curtis, it is resolved ~hat Abbot's Mill Way~ McAlles Court and Ps, fret ~curt in Abbot's Mill, s~cti~n II, Clover Mill District, be and they hereby arc established as public roads. And be it further reeolwed~ that the Virginia Depart~ent of Transportation, be an4 it hereby is requested to taka into tho secondary system, Abbot's Mill Way, buginning ut eximting Abbotls Mill Way, state Route 3971, and going southeasterly o.0~ mile to the intermeetion with ~eAllen Court, then continuing southeasterly 0.04 mile to :ha ~nterssctlon with Pomfret Court, then continuing southeasterly 0.08 mile to end in a cul-de-sac; MoAllen Court, beginning at the intersection in a cul-de-sac~ and Pomfret Court, beginning at the intersection with Abbot's Mill Way and going northeasterly O.07 mile to end in a cul-de-sac. Again~ Pomfret Court, beginning at the intersection with Abbot's Mill Way and going southwesterly 0.09 mile to end in a cul-de-sac. dis~ance and designated Virginia Department of Transportation d~aina~e easements. ~d be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation an unrestricted right-of-way of 40' with necessary ea~ement~ for Mial Way which has a ~O~ to ~0' variable width right-of-way. This ~eotion of Abbot's Mill is recorded as follows: section II. Plat BOO~ 66, Pages 94 a~d 95, June 27, 19B~. Vo~e: Unanimous This day the County Environmental Engineer, in accordance with d~rections from this Bcsr~, ma~e rsgsrt in writing npen his exeminatie~ of Chestnut Bluff Roa~, Orchard ~rove Drlve~ Chestnut Bluff Terrace and chestnut Bluff Place in Chestnut Bluff, Clover Bill District. Upem consideration whereof, and cn motion of ~r. Applegate, seconded by Mr. Curtis, it ~s resslved that Chestnut Bluff Road, Orchard Grove Drive, Chestnut Bluff Terrace and Chestnut Bluff Place i~ Chestnut Bluff, CloVer Hill District~ be and And be it further resolved, that the Virginia Department of Secondary System, chestnut Bluff Road, b~glnning at the intersection with Lakebl~ff Parkway, State Route 4335, and going northeasterly 0.11 mils ~o the intersection with orchard Grove Drive~ then turning and going northerly 0.07 mile, then turnin~ and going northwesterly 0.02 mile to the intersection with Chestnut Bluff Terrace, then continuing northwesterly 0.06 milo to the intersection with Chestnut Bluff Place, then oontiDuing northwesterly 0.06 nile to end in a cul-de-sac; O~ohard Grove Drive~ heqinnlng at the ~ntersect~on with Chestnut ~lu£f Road and going northwesterly 0,02 mile to end at Orchard ~rov~ D~VS, Orchard Grove Subdlvlslon~ State Route number to be assigned; Chestnut ~luff T~rraoe, beginning at the intersection with Chestnut Bluff Road and going northerly 0,16 mile to end in a cul-de-sac; and Chestnut Bluff Pla=~, beginning at the intersection with Chestnut Bluff Read and going northerly O.Q9 mile to and in a cul-de-sac. 8/~$/91 ·his request is inclusive dE the adjacent slope, sight distmnce and designated Virginia Department of Transportation drainage easements. The~e roads serve 73 lots. A~d be it further resolved, that the Board of supervisors guarantees to the virginia Department oE Xransportatien an unrestricted right-of-way Of 50' with necessary easements for outs, fills and drainage for all of these roads. Chestnut Blmff is recorded as follows: Plat Book 66j Pages 31 & 32, May 3, 1989. vote: Unanimous This day the County Environmental Engineer, in ac¢ordan=e with directions from this Board, made report in writing upon his examination of orchard Grove Lane, 0rchard Grove Cou~ and Orchard Grove Drive in Orchard Grove, Clover Hill District. Upon consideration whereof, and on motion of M~. Applegate, Lane, Orchard ~rove Court and Orchard Grove Drive in Orchard Grove, Clover Bill District, be and they hereby are established a~ public And b~ it further re~olv~d, that the Virginia Department Of Transportaticn~ be and it hereby is requested to Secondary System, Orchard ~rove Lane, beginning at the intersection with Lakebluff Parkway~ state Route 4337, and going northeasterly 0.07 mile to the intersection with Orchard Grove Co%~3rt, then continuing northea~t~ly 0.02 mile, then turning and ~oing northerly 0.0Z mile to the intersecfio~ with Orchard Grove Drive, ~hen continuing northerly 0.04 mile to end in a cul-de-sac; Orchard ~rove Court, beginning et the intersection with orchard Grove Lane and going ~eu=heasterly 0.0S mile to end in a cul-de-sac; and Orchard ~rove Drive, beginning at the intersection with O~chard Grove Lane and going southeasterly o.lo mile to end at Orchard Grove Drive, Chestnut Bluff Subdivision, State Route number to be a~signed. Thi~ request i~ inclusive of the adjacent elope, sight distance and designated virginia Department Of Transportation drainage easem~ts. Theme ro~ds ~rv~ ~9 lot~. ~ be it further resolved, that the Roard of gupervi~or~ guerantees to =~e Virginia Department of Transpor~ation an unrestricted right-of-way cf §0' with necessary easements for cuts, fills and d~alnage for all cf these roads. Orchard GrcvR is recorded as follows: Plat Book 64, Pages 42 & 43; December 14~ ~988. vote: Unanimous This day the County Environmental Engineer, in accordance with directions f~om thi~ Board, made report in writin~ upe~ his examination of sugar creek Way in sugar creek, Phase l, clover Hill District. Upon consideration whereof~ and on motion of Mr. Applegate, seconded by Mr. Curtis, it is resolved that Sugar Creek Way in Sugar Creek, Pha~e 1, Clover Hill District, be and it hereby is estahlishe~ ae a public road. 91-566 8/28/91 And be it f~rther re~olved, that the Virginia Department of Transportation, be and it hereby is requested to take inte the intersection with evergreen East Parkway, State Route 3970~ and going ~o~thwe~te~ly 0.06 mil~ to end ut proposed ~ugar Creek Way, Sugar Creek, Phase ~. This reques~ is inclusive of the adjacent slope, sight distance and designated Virginia Department of Transportation drainage easements. This road serves 30 lots. And be it further remolved~ that the Board cf Supervisors guarantees to the Virginia Department s~ Transportation an unrestricted ~ight-of-way of SO' with necessary easements for GUts, £illS a~ drainage for this road. This ~hase of Sugar Creek is recorded as follows: Pha~e 1. Plat Book SP, Pages 67 & 68~ December ll, 1987. Vote: Unanimous This day the County Envlrcnmental Engineer, in aGcordanoe with directio~ frs~ this Board, made report in ~iting ~pon hie examination of O'Kalley OriYe in Stonehridga, Ss=rich 2, Dale District. Upon consideration whereof, and on motion of ~r. seconded by Mr. Currln, it is resolved that O'Malley Drive in S%oncbridge, Section ~, Dale District, ~e and it hereby established as a public road. And be i~ ~urther resolved, that the Virginia Department of Trun~portation, b~ and it hereby is requested to take into the Secondary system, o'Malley Drive, beginning at the end of existing O'Malley Drive, State Route 9952, and going southwesterly 0.06 mile, then turning and going northwesterly 0.06 mile to end in a Thi~ request i~ inolu~ive of the adjacent slope, sight distance and designated virginia Department of Transpo~tatio~ drainage easements. This road serves l~ lots. And he it further resolved, that the Board of supervisors ~larantees to the virginia Department of Transportation an unrestricted right-of-way of 5~~ with necessary easements for cuts, fill~ and drainage fs~ is ~oad. Thi~ ~eotion of ore,abridge is recorded as follows: Section 2. Plat Book 64, Page 60, December ~2, Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from thi~ Board, made report in writing upon his exsmlnst~on of Get,bridge Road, Gatcbridge Court, Gatebridge Place and O'Malley Drive in Stonebridge, section 3 an~ a portion cf Irongate, Section ~, Dale Distlist. Upon c0~ideratio~ Whs~e0f, ahd un motion of Mr. Appleqate, seconded by Mr. Currin, it is resolved that Gate,ridge Road, Gatebridge Court, Gatebridge 91ace a~d 0'~alley Drive in Stenebridge, Section 3 and a portion of Ircngate, Section 1, Dale District, be and they hereby are established as public TransRurtaSicn, b~ and i5 hereby is requested to take into the Secondary System, Gatebridge Read, beginning at the inter~otlon wi~h Irongate Drive, State Route 3025, and going westerly 0.06 mile, then turning and going northerly 0.lc mile, than turning and going westmrly 0.10 mile to the inter~ction with Gatebridge Court, then continuing westerly 0.07 nile to the intersection with Gatebridge Place, t/ten continuing westerly 0,08 mile to the intersection with o'~allsy Drive, then continuing westerly 0.07 mile to end in e cul-de-sac; Gatebridge Court, beginning at the intersection with Gatebridge Road and going northerly 0.03 mile to end in a dead end; Gatebridge Place, beginning at the intersection wlCh Gatebridge Road and going northerly 0.03 mile to end in a dead end; and 0'Malley Drive, beginning at the intersection with Gatebridge Road and going southerly 8.05 mile to the intersection with Koufax Drive, State Route 3951. distance and designated Virginia Department of Transportation These roads Serve 52 lots. And be it further resolved, that the Board of Supervi~er~ guarantees to tho Virginia Department of Tran=portatlom an unrestricted right-of-way of 50' with necessary easements for cet~, filI~ and drainage for all of th~ue road~. This section of Stonabridge is recorded as followe: Section 2. Plat ~ook ~4, Pag~ 6?, beeemb~ 22, 1988. This section o~ Irongate is recorded as follows: Section ~. Plat Book 36, Pages 38, 39 & 40, June 19, 19S0. VoUe: Unanimous This day the County Environmental ~nginm~r, in accordance with direotion~ from this ~oard, made report in writing upon his examination of Sterlingheath Drive, White )Ianor Court, White Manor Lane and Gable Way in Misty Glen, Matoace District. Upon consideration whereof, and on motion of Mr. Applagate, seconded by F~r. Curris, it is resolved that sterlingheath D~ive~ W~ite Manor Co~t, White Ma~or Lane and Gable Wa~ in Miety Glen, Hatcaea District, be an4 they hereby are established au publi= roads. And be it further resolved, that the Virginia Department of T~ansDortation, ~e and it hereby ia re~ues%e~ to ~eke into the Secondary System, sterlingheath Drive, beqinning at existing Sterlingheath Drive, state Route 312~, and ~oing southwesterly 0.04 nile to the intsrsection with White Manor Court and White ~anor Lane, then becoming white Manor Lane and going northwesterly 0.01 mile to tie into existing white Manor Lane, State Route 3~27; white Manor Court, beginning at the intersection with SterlingheathDrive and Whit~ Manor Lane and going sou~e=ly 0.93 mile to and in u cul-de-sac; and Gable Way, beginning at existing Gable Way, State Route ~370~ and going southeasterly 9.04 mile to and in a sol-de-sas. This re~usst is icelusive of the adjacent slope, sight distance and designated Virginia Department of Transportation drainage samement~. These roa~s =ervm 17 lotm. And b~ it ~Dr~ re~olved~ that the ~oa~d of ~u~e~-~i~or~ guarantees Co the Virginia Department cf Transportation un ~nre~tricted right-of-way of 50' with necessary ~a~ments for cute, fills and 4rainage for all of these roads. Misty Glen is recorded as £ollews: Plat Book 73, Page 64, November 21, 1990. ~ WA~ ~ SY~ Dwr~ON ~ FOR On =etlon of ~. Applegate, seconded by Mr. currin, ~e Board au~orized the County A~inist~ato~ to execute a Sto~ Water Managemen= System Maintenance Agreement with th~ ~eveloD~s of Stei~a~ Festival at Midlothian, wf~ the County's only involv~ent being to assure the ~ulntenance A~emen= i~ followed by ~e o~er as approved by th~ County Attorney. (A GOp~ of ~uid Agreement is filed with the 9aDers of this Board.) On motion of ~. Applegate, ~eoD~ed by Mr. ~rrln, the Beard ~u~horized the County Admini~t~ato~ to e~eo~te ~ sto~ Water Management System and Best Management ~ractice (B~} Facility Maintenance and Imde~ification Agreement with ~e owner of Tract~ 0-~ an~ 0-$, Investors woodlake De~alu~m~nt Corp0ra~i0~, with ~he County's o~ly i~volvem~nt being to ass~e the Maintenance A~reement i= followed by ~e o~er a~ approved by the county Attorney. Vote: URa~im0~s 11.G.11. GRANT APPLICATION._~ND APPROP~3ATION OF 1~$ FOR On motion of Mr. Applegat~, ~ec0Dded by F~. Currin, the Board authorized the Catltlty Administrator to make application to the F~durul Aviation AdministratioD (~AA], in the amount Of $76,500, and the State Depar=men= of Aviation, in the amount of $4,250, for grant funds for an update of th~ ~98~ Airport negotiate a fee with Delta A~nociate~, I~¢., for the Airport Master Plan update and enter into a contract for tha work and transfer $4,~50 from the Airport operating budget to thi~ Airport Ma~ter Plan Project as the County's 5 percent match and, further apprepriate sa~d fund~, if approv0d. (It is meted the County's matching funds for thi= grant will come Airport budget.) 11.G.12. i~EO_I~.S~_TO.~i~PROVE PLAC~ OF A "NO-W~~ BUOY ON On ~otion of 24r. Applegate, ~e~en~ed by ~r. currin, The Boar~ approved a request from Colonel William O. Antozzi to obtain permission from the commission of Gama and Inland Fimheriee to place a "no-wake" marker in t~e cove containing his property 91-569 8/28/91 and i~ easily eroded by beat wakes which oreate %h~afe conditions for smaller vessels.) Vote: Unanimous ll.~.14......A~SIGNM]~TOFCONT~ACTFORC~U~TERLANDFIn~.(~OYm~ ~EPAIR 0n motion of ~. Ag~lagate, seconded by M~. C~rin, ~e Board reRalrs] for th~ closed Chester Landfill from E. T. Enmrg~es, Inc. and Gen~y Well Work~, Inc. to Virginia Biofuels Corpora%ion. (I~ is noted thi~ assig~ent is a t~nioal detail of the contraGt administration and the work will be comple=ed by =he same people and in aocordanoe wi~ the original contract.) Vote: Unanimous on motion of F=r. Applegate, ~econded by Mr. Cu~rin, the Board Uwurd=d a contract to APAC-Virginia, Incorporuted, in the a~ount of $593,?$~, for improvements ~o ~he Publio Us~ Ar~a a~ the Northern Area Landfill which includes widening Warbro Road existing public u~e area and interior road improvements. (It ~ noted ~aid fund~ are availabl~ in th~ Northern Ar~a Landfill capital Account.) WARD,S On ~etion of ~r. Applegate, ~eoonded by }hr. C~rzin, the Board appointed Mr. Donald L. Rose as Animal War~en and Mr. Walter O. Graham, Mr. Tod H. McWhin~ey, ~. Gloria E. M~adows, F/r. Fra~ I. ~ichalek, Jr., Ms. Su~an ~. Ralnes, Mr. Kenneth R. Umholtz and ~[r. Wallace L. Clark as Deputy Animal Wardens. Vote: Unanimous 11.~.18. R~h:[~/~I~_]~%~/N~. DATE TO CONSIDER ANORDINANC~ On motion cf Mr. Applegate, seconded by ~. ~rrin, ~e Board sat ~e date of S~pt~ber 25, 1~91 at 9:00 a.m. for a public s~dim~nt Control Act. On notio~ Of Mr. ~pplegate, seconded by Mr. C~rrln, the Board authorized the County Adminimtrato~ to ente~ into a contract with Richard L. Crowder constru=tlon, Inc., in an amount no= to exceed $24~500~ for oonetl~ctio~ of Providence Road Phaae I Storm ~ewer Project and transferred $36,500 from the ~i~cellaneous Drainage capital Improvement Account for installation of Providence Roa~ Phase ! Stor~ ~ewer ~rojeet. (It is ~eted the County will be ~upply~ng the pipe through its annual contract at an amount of $12,~G0, therefore, total cost of the Phase I Providence Road Project tu include in~t~llation and supplying o~ DiDe will be ~36,037.) O~ 0n ~otion of ~. Applegate, seconded by ~r. Currin, ~a Board a~orized the Co~ty Administrator to enter into a Wi~ J. K. Ti~O~S, a~ Associates, in an amount not to $15,935; the Route 6Q/Po=oshock Creek Project - $17~365; the Kai~wood (Eylton Park) Project - $3~,000; and the Quail oak~ Project $17,700; and transferred ~82~000 from the Miscellaneous Drainage Capital Improvement Account. (It no~ed ~ese funds are planned to be used on these individual qon~ru~ion projects after the design process is on motion of Mr. Ap~legaD~, s~oonde~ by ~. ~rrin, the Soard u~proved an entertainment/musical festival permit, nubject t~ suoh oon~i=ions as ~e coun%y Attorney ~eems necessary, to the Ric~ond Jayc~as for an outdoor nu~ica~ festival at the p.m. (raindate - Septe~er 15, Vote: Unanimous on motion of Mr. Applegate, seconded by Mr. Currin, the Board adopted the following resolution: WHEREAS, Prior tu the establishment o~ the Virginia community College system, Chesterfield County, along with other members of the Apgouatto× ~asin Industrial Develspmen~ Corporation, provided leadership for reque~tlng the establishment of a two-year technical college in the region; WHEREAS, John Tyler Community College was founded in 1967 in Chester~ Virginia, as a result of 1964 General legislation that established two-year technical throughout the Commonwealth of Virginia; and WHEREAS~ In 1966~ the General A~embty expanded the John Tyler Cer~munity College curricula to include liberal arts and and universities; and W~ERRAE, The service region of John Tyler community College includes the Count/es of A~elia, Charles City, C~es~erfield, Einwiddie, Prince George, Surry, and Sussex, and the Cities of Colonial Heights, Hopewell~ petersburg) and Richmond south of the James River; and W~EREASt Dmmographi~ ~tudi~ clearly indicate that ~rowth leader Withi~ the Commonwealth well into the next century; and 91-571 WHEREAS, The current chesterfield County population of approximately 21~,000 represents one-half cf the John Tyler Community College service region population; and WHEREAS, John Tyler CoIm~unity College, after thirte,n solely on it~ main ca, pus in Chester, in 19S0, extends4 its presence in the Midlcthian area of Chesterfield County by off,ring liberal arts and bagealaureate core transfer courses at several churches, one high school, and two libraries; and WI~ER~AS, In the Fall of 1984, the success cf these offerings led John Tyler Community College to lease the Watkin~ Elementary School Annex from the Chesterfield County school Division am an official outreach location; and WHEREAS, In the Fall of 1989, John Tyler Community College leased space in the Feutherston¢ Professional Center on Huguenot Road to accommodate the oon~inued demand for liberal arts and baccalaureate core transfer courses in northwestern Chesterfisl~ County; and WHEREAS, Enrollment in these cfferinqs at the John Tyler Community College Midlothian Outreach Center has in~reased d~amatically durinq each academic year since the Center WHEREAS, The John Tyler Community College Midlothian Outreae~ center now serves approximatel~ 1,700 st~de~ts~ twenty-five percent of the College's total headccunt enrollment and seventeen percent of the College's full-time equivalent student enrollment. NOW, THER=~OR= ~= IT RaSOL¥~D, that %he chesterfield County Board Of Supervisor~ u~ges t~e State Community College Board to designate John Tyler Community Collegs as a multi-c~npus institution ~nd to support tbs developmsnt e~ an of£ioial second campus in northwestern chesterfield County. Vote: Unanimous National Organization of the Tri-city chapter The 555th ~rachute Infantry Association, declare~ a potential conflict of interest pursuant to the virginia Com~ret~ensive Conflict of Interest Act, and excused himself from the Board. ~. ~ayes, representing the Trl-Ci~y Chapter - The ~55th ~afflc permit to raise ~unds ~or mcholarmhip purposes ~nd ~at ~ policy of the Assooiation is to award scholarships to ne~4y high school and college graduates. On motion of ~. Applegate, seconded by Mr. C~in, the Board The 555~ parachute Infant~ AssoGiation and for ~h~ Ayes: ~. ~u/livan, Kr. ~rrin, Mr. Applegate and ~. Daniel. ~. ~y~ returned to ~e B~ard. · 1.~.1~. ALLOCATION OF X~3%~D$~0ROPERATION OF NEW FALL for operation of a n~w ~all Baseball/Softball Program were 91-572 8/28/91 addressed during the Budget prooe~ and due to limited fund~, some of the Pa~ks and Recreation program~ had not been funded and felt thio Program would bo an engoiag Program and would also be costly in the future. He noted that he had discueee~ thio iseue with s~a££ and indloated slqn-nps for the Program had already taken place without t~e funds being approved. Ho otatod if the Board approved this re~uest~ the notion not include fu~ds from the Clover Hill District Throe cent Roa~ Fu~d. Di~cusslon, co~u~ont~, and q~estions ensued relative to the r~ost and ~he funds neede~ and th~ use of Three Cent Road to support the Pro,ram for %h~ year, Mr. Applegate reconsidered and consented to the use of Clover Hill District Three Cent Fun~m although he did no% feel it an appropriate ~ean~ of f~ds for this request. After considerable discussion, on motion of M~. Daniel, of ~e five Di$trict'~ ~ree Cent Road Fund and $5,000 from anticipated ravenue~ to the Parks and Recreation Pr~ram coots. (It is noted no ~und~ hav~ bee~ b~dqet~d in ea~ District ~ree cent Road ACCOUnt will bx required sources of funds must be identified.) Ayes: ~. S~lliva~, ~r. Currin, ~. Daniel and Mr. ~ayes. 11.G.16. ~I~%0~RIATXON O~ ADDTTIONAL FIF~DR FO~ B0N A~ LI~RAPa~_~X~N$ION After brief dlscuooien, on motion of Mr. Daniel~ seconded by Mr. Applegate, the Board appropriated $275,5~0 from tho Reoerve for Future Capital Projects to the Ben Air Library Expansion Project to cover project shortfall caused by defect~ discovered in the demolition portion of the renovation of the Ron Air Library Project. request and the bene~ite w~io~ would be received by the County After considerabl~ discussion, on motion of Mr. Daniel, ooconde~ by Nr. Currin, the Board deferred indefinitely (t~ be reconsidered at th, County Administrator'~ dieerotion) npproval of participation in the Regional Sports Marketing l~rogram which i~ tQ include chesterfield County, Hanover County, Henri¢o County, and the City of Richmond for implementing a oporto marketing program for the Richmond region. Mr. Daniel ex=usad himself from the meeting. 11.H. ~TILIT~ES DEPARTH~T ~'r~S ~1-~-1- PUBLIC ~N~S ll.H.l.a. TO ~ONBIDER AN O~DINANCB T~ VACATE A 16 FOOT URAINAG~_AND $~ER_~ASE~T AND A X0 FOOT ~ONST~/~CTION ~ IN ~NG ~E SE~ION E Mr. Sale stated ~i~ date an~ tiaa had been a~verti~ad for fou~ drainage and sewer easement and a ~en foot temporary construction eus~ent in Spring Truce Subdivision. No one came forward to spe~k ~ f~vor of or ~g~inst the ordinance. on mo~ion of ~. ADDle~ate, ~eoonded Dy ~. ~rrin, ~e Board adopted the follow~ng ordinance: ~ O~IN~C~ whereby the CO~Y 0F CHESTERFIELD~ VIRGINIA~ ("G~OR"} vacat~ tO PATRICIA A. ~ITTS, RObeRT J. DAVID W. BOS~GE and P~L~ L. ~OS~GE, (husband and wife), and ~E~D HO~S, INC., ("G~T~"), a 16' drainmge and ~ewer ea~e~e~t across ~ts 8-11~ Spring Trace subdi~ision, Section E, Matoaca Magisterial District, Chesterfield County, Virginia, shown on a plat thereof duly recorded in the Cl~rk~s office of th~ Circuit Cosrt Chesterflald County in Plat Book 72, Pages 4~ and ~. ~R~S, Dalzer and Associates, In~., petitioned the Board of supervisors of ~esterfield County, Virginia ~esterfield Co~t~, Virginia more particularly sho~ on a said County in 91at Book 72, Pages 44 and 4~, made by Balzer & Associates, Inc., date~ July 2~, 1990. ~e pe%itloned to be vacated are more fully des=rlbed as follows: A ~6' ~ainag~ and sewer easement ~nd a 10' t~m~orary con~%ruotlon easement, aoros~ Lots 8-1t, SDri~g T~ace Subdivision, Section the location of which is Note fully shown, on a ~lat made by Balzer and Associates~ Inc.~ dated August 2, 1991, a co~y of which Ordinance, ~S, not~ce ha~ ~n given pursuan~ ~o u4vertimlng; and, ~S, no public necessity ~xists for ~e continuance of the easements sought to be vacated. The Co~ty hereby re~rveg all of it~ right, titl~ and ~ntere~t in any t~porary construction easement which ~e 20' ~ew~ and drainage easem~n~ acro~ ~t 11. NOW ~EFOR~, BE IT O~AI~D BY THE BO~ 0~ OF ~EST~FI~D CO~TY, VIRGINIA: That pursuant to Section 15.1~482(b) of the ~ir~inia, 19~0, as ~nde~, %he aforesaid easemen=s be and are he~e~ vacated. 91-57~ 8/28/91 This ordinance shall Ds in full force and effect in accordance wi~h Section 1~.1-482(b) of the Code of VirGinia. 1950, az amended, and a c~ifi~d c~py ~f thi~ Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days he~eafte~ i~ the ~le~'s Office of the Circuit Cour~ of Chesterfield County, Virginia p~hrsuant to Section 15.1-4S5 of the Code of Virginia, 19~0, as emended. ~n~ effect of this Ordinance pursuant to Section 15.1-4~ is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordlnanoe shall vest fcc m~mDle title of the easements hereby vacated in the propel~ty owner of Lots 8-11~ w~thin ~pr~ng Tr~ce Subdivision, Section E free and clear of any rights of public use. Aooordi~gly~ this OEdi~a~ee shall be indexed in the names of the County of chester£i~ld as grantor and PATRICIA A. FRITTS, ROBERT J. BENFANTI, DAVID W. BOSARGE and PAMELLA L. BOSARGE, (husban~ and wife), and ~ERALD HOMES, INC., or their successors in title, a~ g~ante~. Ayes: Mr. ~ullivan, Mr. Currin, Mr. Applegate and Mr. Mayos. Absent: Mr. Daniel. Mr. Daniel returned to the meeting. 11,~-1.b. TO CO~IDER AN OFJ)INANC~ TO VACATE A ~0 FOOT ~. Sole ~tated thi~ date and ti~e had been ad%erti~d for ~ublio h~arlng to considmr an ordinance ~u vacate a fifty foot wide right-of-way within Chesterfield Manor Subdivision. O~ ~o~io~ of ~r. ~rrin, s~conded by ~r. ADDlegate, the Board adopted ~e following ordinance: ~ ORDIN~CE whereby the CO~TY ~EST~FIE~ VIRGINIA~ ("G~TOR"} to ROB~T LEO J0~S and 0TTIE ~ JONES, (husband and w~fe)~ J~ES T. WILLIES and ~0~ L. WILLIES, (husband and wife), R. WA~E ING~ and ~0~$ W. BRI~ and ~NETTE D. BRI~, (husband and wife), ("G~TEE"), Avenue, in ~esterfleld Manor Subdivision, Be~uda District, Chesterfield County, Virginia, a~ sho~ on a plat thereoS ~uly ~co~ded in the Clerk's office of the Circuft Pages 254 and 255. ~ER~S, ~. and ~s. Robert L. Jones, petitioned the Subdivision, Be~uda ~agist~rial Di~rict, Chesterfield County, Vlrgln~a more pa~t~oula~ly ~hown on a ~lat dated Court of ~aid Co~ty i~ Plat Book 9, Pages 254 and ~5. The portion of the road petitioned to be vacated is more fully described ~s follows: A poEtion of a 50~ ~oad ~0~ as Prince G~urg= Avenue ~ location of which is more fully ~hown on m plat by W. W. LaPrade which im attached. 91-575 8/~8/9I WHEREAS, notice ham been given pur~ant to section 15.1-431 of the Code of _~.~ginla., i950, as amended, by advert/sing; and, ~ERPJ%~, no public nee~mmity exi~t~ for the continuance of the portion of the road sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISOt%S OF CHESTE~FIELD COUNTy, VIRGINIA: That pursuant to Section lS.l-482(b) of the Code of V~cinia, 19§0, as amended, the aforesaid portion of the road ba an~ is here~y vacated. This Ordinance shall be in full force and effect in aocordane~ with Section 15.1-~(h) of thc Code of Vlrqinia~ 1950, as amended, and a certified copy of this Ordinance, together with the plat att~0he~ hereto shall ba r~corded no sooner than thirty daym hereafter in thc Clerk's offic~ of the Circuit Court of Chesterfleld County, Virginia pursuant to Section 15.1-485 ef the code of Virqinie~ 1950~ as amended. The effect of this Ordinance pursuant to se=fish 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the oenterline of the portion of the road Caester£ield Kaner Subdivision, ~ree and clear oS any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the county o~ chesterfield as grantor and ROBERT LEO JONES and 0TTIE ~L~E JONES, (husband and wife), JAMES T. WILLIAMS and NORA L. WILLIAMS, (husband and wife), R. WAYNE INGRAM, and THOMAS W. BRITT and ANNETTE D. BRITT, (hugband and wlf~), or their successors in title, as grantee. Vote: Unanimou~ i~TG~T--0F-WAY~T2T!~MS AC~FfSITION OF A 16 F~{Y~h3~/_EAS3~ 10 FOOT TEMPOP~AR¥CON~TRUCTIONEASEMENT~0R'r~B~NA AI{SENA~W~alL~FNE PROJECT On mction of Mr. Sullivan, ~econded by Mr. Applegate, the Board authorized the County Attorney to proceed with ~mlnent domain on an ~mergency basis and exercise immediate right of entry pursuant to Section 15.1-238.1 of the Code of vlr~inla for the acquisition of a 16~ water easement and 10' temporary construction easement eores~ the ~roperty of Walter M. Waterline Project and authorized the Co~ty A~inistrator to notify the owner by ~rtifi~d ~ail on August 29, 1991 County's intention %o ~ake possession of the easement. noted a espy o~ the plat is file~ with ~ papers of =his Board.) Vote: Unanlmou~ 11.H.2.b. Au'rnORIZATION TO EXERC~S~ EMiNenT DOMkTN~ ACOUISITION OF A 2~ FOOT PEP/~%N~T DPutINAGE authorized the County Attorney to procea~ with eminent domain 8/25/91 pursuant to Section 1~.1-2~8.t ef the Code~of Viru{n~a for the ac<luiBition of a ~0' permanent V00T drainage easement across and 14, Block 6, Tax Map ~98-5(2)13 & 14, needed in conjunction with the read improvements along Ramona Ave~¢ and Mayweod Street and authorized the County ~otify the o~e~ by certified ~ail o~ Au~st 29, 1991 of the County*s intention to t~e possession of the ~oted a copy of the pl=t is filed wi~ the papers of ~is Vote: Unanimous ~4r. Daniel disclosed he the ~oar~ that his empleyer, Philip Merris Incorperated, was affected by the pumping ~tation that serve~ this plant, ~eolers~ a petential cenflict of interest A~t, and excused himself from the Board. On motion of Mr. Coffin, seconded by Mr. Applegate, the Board from Philip Morris, Incorperated and authorized the County copy of the p/at i~ filed with the papers of thi~ ~oard.) Ayes: Mr. Sullivan, Mr. Currin, ~r. Applegate and Kr. Keyes. 11.~.3. CONSENT ITE~E ~.H.~.b. ~ROVALOFWAT~ONTRACT FO~ S~FRNT~DA¥ OB ~otioB of Mr. Applegate~ seconded by Mr. Mayes, the Boar~ ap~rovRd Water Contract for Seventh Day Adventist Church, Contra=t Number 90-0§64, as £ollow~, which project includes the extension of 339 L.F.f of 16" wateT lines, which wet~ linea will be ov~rsized to provide service to the adjoining propertiee and authorized th~ County Aiministrator to e~eoute amy necessary docum%nt~: Develeper: ~otomae Conference corporation contraeter: John Marshall, Inc. Total E~timated County Cost: water (Oversizing) - $ ~,9~.s0 (Estimated Cash ~fund) Estimated Developer Cost: $ 9,543.00 Code: (Oversizin~ - Cash Refund) 5R-5?~40-895200Z VOte: Unanimo~ E~TENSION On motion of Mr. Applegate, ~econ~d by ~r. ~ayes, the Board awarded Water Contract 87-6178 for Bellona Arsenal Water ~t~n~ien to T &.~ Construction, the low bidder, in the amount of $187,599.~5, fo~ the constructien of 8" and 1~" water lines 91-577 8/~8/91 along 01d Con Road and Bellona Arsenal Drive and autho~iz.d the County Administrato~ to exeoute the necessary de,/masts. (It is noted funds for thi~ project are apprepriato~ in the current capital Improvement Budget.) Vote: Unanimous On notion of ~. Applegate, seconded by Mr. Hayes, the Board Otterdala, Section ~ ag follows, which project additional work to acco~odate so,ice to ~e ~t~ng homa~ a~Joining this developa~nt, and authorized the Co~tF A~inistrator to execute a~y necessa~ doc~entsz Developer: ott~rdale Development Corporation Contrao~or~ James River ~goava~ing, contract ~ount: Estimated Total - $94,627.00 Total Est~ated co~ty cost: Wastewmter (Additional Work) $ ~,~4.50 (Estimated Cas~ RaZUnd) Estimated Develop~ Cost: Code: (Additional Work - Cash Refund} authorized the County Administrator to execute Change Order NllmSer 1 for Project ~9~-0528 ~ch Road - emergency 16" water line repair, in the amount of $%2,000.00, for rock removal to southern Construction Company, Inc. and authorized the County Administrator to execute any necessary documents. (It ~ noted said funds for t~is project are appropriated in the current CaDital Improvement Budget.) vote: Unanimous 1%.~.3.$. A~/tO~AL OF C~ANGE ORDERS FOR ~I~GIN~P~N~ CONTRACTS FOR ~RO%~9~PS TO FALLING TREAT~E~TPL~NTWTT~ On motion of ~. Applegate, seconded by Mr. Hayes, t~e au~orlzed ~e County A~nistrator to ~xecut~ change for ~ginsering contracts for imDrovements to the Palling ~eek Wa=tewat~ Treatment ~lant with slack and Veatoh (890553R) and ~i~an Re~ard~ and Associates (900119), in ~ount of $40,000, (th~ estimated cost of additional services for each p~ojeot is $20,000) for additionul engine~ing s~ices and authorized the Co~ty Administrator %o execute ~y necessary documents. (I= is noted said funds for projects are appropriate~ in ~he Capltal Improvement Budget.) Vote: Unanimous XX.H.3.~. AWARD_O~ CO~I~ACT FOR D~OLTTION OF T~ notion o~ ~. Applega~e, ~econded by ~. Hayes, the awarded the contract for demolition of the Palling Cre~ Water Treatment Plant to Herbert A. Philllngane and Son, ~e bidde~, in ~e amount of $39,600, for demolition of facility and authori=ed the county Administrator to execute the necessary documents. (It is noted said fund~ are included in the Capital Improvement Budget.) Vote: Unan~mou= ll.H.3.h. AWAPd) OF CONsTR~3CTIONCONTR~OR SANXTARY S~ On motion of Mr. Applegate, seconded by Mr. Nmyes, ~ Board transferred $~5,ooo from ~9-8601R ~ew~r ~ystem Rehabilitation and awarded ~e Construction Contract for b~ddar, in the amount of $~08,374.¢0, for replac~ent of sewer llnes and authorized the County A~inistrator to execute the necessary documents. (It is noted said funds a~= avuilubl~ in ~e CaDital Improv~ent Budget.) Vote: ~animous PA~XIALLY FOND~ BY A I~OPE~TYOWN~ On motion OS Mr. Applegate, ascended by Mr. Mayes, r2~e Board authorized staff to extend sewer to property owned by James =. ~rigge subject to the owner paying bhe amount t-hat would huYe been hi~ share under the sewer district in ca~h upon completion of ~he project. (It is noted the estimated cost of the project is $10,000 - $1~000 and f~ding w~ll be from Capital Budget contingencies.) Vote: Unanimous 11.~.3.%. ACCEi~T~2~CE OF P~C~__O~__I~ND~J~ONG GRO~ROAD ~OM On motion of Mr. Applegate, seconded by Mr. Mayer, th~ Board ao¢~pted, on behalf of the County, the conveyance of a D~rcel of la~d co,tailing ~.02 acr~ along Grov~ Road f~om Douglas G. Conner, Jr. and Jean C. conner and authorized the County A~ni~t~ator to ~c~te the n~c~sary deed. (It is noted a cop~ of the ~lat is filed with the papers of thio Board.) Vote: unanimous FROM Tn~TRUSTEES OF B~OWNG~OVE BAPTIST t~u~ On motion of Mr. ApDl~gnte, seconded by Mr. Mayer, the Board accepted, on behalf of the County, th~ conv~yan~ of two 30' strips of land along Ba~ley Bridge Road from the T~stees of Brown Gr~v~ Baptist Church and authorizm~ th~ County A~i~t~ato~ to execute the nec~mary deed. (It is noted a Vote: Unanimou~ On motion of Mr. Applegate, oeconded by Mr. M~yes, ~e Board a=cepted, on behalf of th~ County, the ~onveyan~ of two parcels of land~ Parcel A containing 0.95 acr~ and Parcel B containing 4.05 corec, at th9 in~r~c%ion of Bethia Road and Winterpo~ Read, from Sprinq Run Associates, A Virgln~a General Partnership and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous l%%_TLROAD C~OSSING AGREEMENTS BETWE~ COI~fY AND C~X on motion cf MT. Apptegate, seconded by Mr. Mayes, the Board authorized the County Administrator ~xecut~ three (3) Railroad Crossing A~e~ents between the County and CSX Transportation ~or construction and future ~intmnance o~ gravity lin~s and a force main under the "B~rmuda Hundred wit~ t~e papers of thi~ Board.) Vote: Unanlmou~ ll.H.3.n. I~EOIIES-'T ~ OUITCLATM PORT~T~O3~ O~TT~O 16 ~ ~ On motion of ~. Applegate~ seconded by ~. Mayes, the Board to execute a quitclaim ~eed to vacate portions of two 16~ and variable width sewer easements across DroDe~ty on Sol,land Drive, Tax ~D ~116-7(1)13, owned by Partnmrm Four, Inc. (It Board.) Vote: Umanimou~ approved a request fro~ John $. ~rkham Enterpri~e~ to cons%root a parking lot over an existing a" to the execution of a lioense agre~ent. (I= is note~ a oopy of tbs Dlat is filed with t~e pa~e~ of this Board.) Vote: Unanimous B~RPLUS P~ OF ~ ES~A~R ~. Currin dimclom~d to the Board ~at he o~s a parcel of land adjacent to tki~ requemt in which ~ere are some legal problems and rm~emted that County counsel conmult with h~m ~ounsel, deolared a Dotential conflict of interest pursuant the Virginia Compr~ensiv~ Conflict of Intsremt Act, and ~xcused h~self fro~ the meaning. ~. ~ioas statu~ in discussion with ~. c~rin, he had indicated thmre was a legal dispute involving him which a~Z~C=S ~is par=ml and was requesting a deferral so ~at the two counsels could meet and d~ter~ine the nature of the On motion of Mr. Applega~e~ seconded by ~. Daniel, the Board deferred setting a date for a public h~aring to con~ider the sale of a surplus parcel of real emtate, approximately .340 acre, on Route 10 for legal seDtm~er ~5, 1991 at 9:00 91-5~0 $/25/91 Ayes: Mr. Sullivan, Mr. Applegate, Mr. Daniel and Mr. Mayeg. Absent: Mr. Coffin. Mr. Currin returned to the meeting. Mr. Sale presented the Board with a report on the developer Administrator. ll.I. M~, Ramsey ~ese~tcd the Board with a etatms report on the General Fund Balances Re~rve for Future Capital Projects; District Road and Street Light ~unde; Lease l~urcha~eg; and School ~oard Agenda. ~r. Rumsey stu~ed 92ne Vi~glnia Department of Tren~po~tat{on ha~ fe~ally notified the County of the acceptance of the ~DITIONS Rou~e 2099 (Courthouse Road - Prom Route 10 ~o Rou=e 604 0.18 Mi IRONGATE - SECTIONS 4 & 1 - fEffectiv~ 8-9-91% Rout~ $0~8 (Gateline Drive) - From Route 3029 to Route 3961 0.05 Hi Route 3029 (~ra~o~ Road) - From Route 30~5 to ~OU~9 ~0~$ 0.11 Mi Route 3960 (Gra~o~ Court) - Prom Route 3Q2~ =o 0.06 mile South Route 3019 0.06 ~i Route 3961 (Misty Hill Road) - Prom 0.0~ mile ~a~t Route 1133 - Section ~ of new location, Project 0001-0~0~1tl, RW201 0.O3 Mi Route 647 - Sactlcns 7 and 8 of new location, Proje¢t 0678-0Z0-174, C504 0.36 Mi Project 0678-0~0-174, C501 0.17 Mi DISCONTI~CES Project 0001-020-111, RW201 0~0~ ~i Route 647 - Section 4 of old locatlon, Proje=t 0678-020-174, C504 0.~8 Mi Route 678 - Sections 1 and ~ of old location, Project 067~-~20-17~, C~04 0.17 Mi REN~B~iNG Route 849 - 8eotio~ 3 of old Route 647~ Project 067~-020-174, C~O4 0.2~ M~ ASHTON WOODS SOUTH - reflective 7-18-91~ Route 4~90 (Timbercreek Driv=) - From Route 642 to 0.44 m~le Eamt Rout~ 642 91-581 0.44 Mi OUEENSPAR/{ - SECTIONS D & G - {Effective 8-9-91~ Route 4084 (Prince Brian's Court) - From 0.04 mile Nest Route $32 to 0.0~ mile West Route $32 Route 4085 (Lady Marian Lane) - From 0.04 mile West Route 832 to 0.27 mile West Route Route 4086 (Nicholan Trace Court) - From Rout~ te 0.13 mile Southwest Route 4085 Route ~0~7 (Lady Marian Court) - From Route 4095 to CSESTERFTELD DOWNS - Route 4870 (Derbycreek Lan~) - From Route 828 to Rou~e 4873 ROUte 4871 (wi~ers circle) - From ~outo 4570 to 0.0~ mile Route 485~ (Furlong Terrace) - From Route 4870 to o.os mile North Route 4870 Route 4873 (Back Stret~h Co~t) - From 0.04 ~ilm North Route 4~7~ to 0.03 mile South Route 4870 WOODS NORTM - 0.05 Hi 0.23 ~i 0.13 Mi 0.27 Hi 0.0z Mi 0.05 Mi 0.07 Mi Route 4009 (Sir Dinnadan Drive) - From Route 4004 to 0.05 mile North Route 4004 0.0~ Mi on motion of M~. Daniel, ~ecended by M~. ADplegate, the Board susDen~ed its rules and amended the agenda to move Item Executive Session Pursuant to section 2.1-344 (a)(7), Co~e of virginia, 19~G, es Amended~ for consultation with Legal CO%~Sel Regarding County of Chesterfield versus J. J. until the end eS tho Agenda. Vo~e: Unanimous ll.J. LIIR(~ The Board recessed et 1~:30 p.m. (DST) to meet with Rear Admiral John Rekman~ commander of the Defense General supply C,nt~r, for an informal me,ting and lunch a~ B~llwoed for in=reduotion~. Reoonvenlng: ll.K. P~OfF~ST8 FOR ~OBII~ HO]4~ PER2~ITS ~ P~EZONING Mr, Jacobsen stated there were no mobile hone scheduled at this time. 91~01S7 tn ~atoaoa Eagisterial District, axa~ E. FITZGE~J6D, III requested a Conditional U~e t~ pe~it ~ r~reational facility (tot lot) in a Residential (R-12) District. The ~enslty of such amendment will ba controlled by zoning conditions or Ordinance standards. The Comprehensive Plan d~signates property fo~ residential use of 5.~ ~its p~ acre or less. This re~es~ lle~ on a 0.62 a~re parc61 fronting approxi~tely 17~ feet on the south line of South Happy Hill Road, also fronting approximately 170 fa~t on the east line of Old intersection of t/%ese roads. Tax ~ap 13~-t0 (4) H~/~pstmad Place, Section 1, LC% 69 (Sheet 41). Mr. Jauobsen presented a sa~t~ary of Case 91S~Q187 and stated the Planning Co~mis~ion recommended approval s%abject to conditions. Mr. Herbert Fitzgerald stated the recommendation was a~ceptable. ~here was opposition present. Mr. Sullivan stated since there was opposition to the request, it would be placed in i~s regular seguense on ~he agenda. In Midlothian Magisterial District, C~ESTERFIELD CO~T~T~ PLANNING COM~ISSION r~quested a Conditional U~e to permit an aboveground public utility ~tr~otur~ in a Residential District. The d~nsity of ~u~h ~mendment will be aontrolled by Plan designates the property for ramldential use of 1.5 unit~ appToxlmat~ly 3,600 feet off the northeast li~e of Robious of Eas~ Brig~tock Road, Tax Map i (1) Part of Parcel 27 (Sheet 2). t~e Pla~i~g co~ission race--ended approval subject to conditions. reco~endation was acceptable. There was no oppo~itio~ On m~tlon of Mr. Sullivan, s~oonded by ~. C~in~ t~e approved Ca~e 91~NQ~0] n~bj~ot %o the following conditions: 1. Th~ plan submitted with the application shall considered the plan of d~velcpment. Zonin~ Ordinance for uses within office, co~ercial, and industrial districts in Emerging Gro~h ~ea~. 3. In addition to the a~c~itecturul retirements of the ~erglng Growth Distrlct~, =he odor control structure equal in quality to, the= m99rova~ for the Riverton Tract schools. Detailed elevations depi~ti~g these retirements shall be submitted to the Planning (N~E: This condition would ~ot preclude ~he use staff will approve the type of s=curity ~encing.) Vote: In Clover Hill ~agisteriat District, RALPH H. ~ ~-~I~ s. DILI2~RD requested Conditional Use to permit a two-family dwelling in a Residential [R-?) District. The density of such a~endm=nt will b~ controlled by zoning conditions or 0rdinanee standards. The Comprehensive Plan designates the property for residential use of 1.51 to 4.0 units per acre. This lles on a 0.7 acre parcel fronting approximately 180 feet on the south line of Glass Road, approximately 270 feet west DUn~avan Road. Tax Map 49-12 (3) Mayfair Estates, Section A, Block G, Lot 4 [sheet F~r, JaCobsen presented a summary of Case 915N0211 and skated the planning Corami~gion reconmend~d approval subject to uonditions. M~. Ralph and Elsie Dillard stated the reconmendat~on was acceptable. There was no opposition On motion of Mr. Applegate, seconded by Mr. Currin, thm Board approved Case 91SN0211 subject to the following conditions: 1. Os~npanoy of the ~essnd dNellin~ unit shall bo limited to the occupants of the principal dwelling unit, their family members and Sally Taylor. (P) ~- Within thirty (90) day~ of the approval of thi~ a deed rez:rlct~cn shall be resorded ind~catlng the requirement in Condition 1. The deed book and page number of ~ueh reztrie~ion and a copy of the shall be ~ubmitted to the Planning Department. Other than noz~al ~aint~a~ce, there shall b~ no additions or alterations to the existing structure to accommodate the second ~wslling. Vote: Unanimous In Midlothian ~i~t~rial District, r~qu~t~ amendment to Sondi~ional Use (Sase 79SS44) relative to hours of operation of a private school. The density of such amendment will he controlled by zoning oondition~ er Ordinance standards. The Comprehensive ~lan deslgnate~ the property for residential uae of 1.51 units per acre or less. This request lis~ ~n an ~gricult~al (A) District oD a ~.~ sore parcel fronting approximately 480 feet on the southwest llne of Co~house Road, approximately 140 feet no~w~st Kei~wood Parkway. Tax MaD 27-2 (1) Parcel 2 (S~eet 8). ~. Jacobsen 9ra~ented a sugary of Case 91SNOR14 and stated the Planning Co~ission reoo~endad approval subjeot to ~. Edward Willey, Jr., representing the applicant, ~tatad the reco~endation was acceptable. The~e was opposition Dr~ent. ~, Sullivan stated ~incm there w~s opposition it would b~ plao~d in its regular sequence on the agenda. 91SN0215 I~ Bel~hHda Hagisturial District, I%T~RD ~. a~J.RN requested rezoning from Community susiness (B-2) to Nei~h~orhos~ Business (C-2). The density of such amendment will be controlled by zoning conditions or ordinan~m standards. The C~pr~ensive Plan designate~ the property for neighborhood co~ercial usa with ~n~ity to ~e ~et~in~d ~ ~ev~lopment regulations. This request lies on a 1.1 a~e parcel fronting approximately 400 feet not,west of West Hundred Read. Tax Ma~ 115-6 (6) Nunnally'm AOdi%ion, Lot 15B (sheet 32). 8/28/91 ~4r. Jacobsen presented o sugary of ~ese 91SR0215 and ~tated Faf. Richard Allen StaGed' the ~ecomnmenda~ion was acceptable. There was no opposition present. On motion of Mr. Currin, se¢0nde~ by Hr. Applegate~ the Board approved Case 91SN021S and accepted the following proffered condition: There shall be no carry-out restaurants. Vote: Unaninona In Bermuda Magis~orial Distriot, JAMES V. DANI~ requested rezoning from General Industrial The density of such amendmen~ will be controlled by zonln~ designates the property for light and general industrial uae with density to be determined by development regulatlens. This request 1les on a 9.8 a~re parcel fronting approximately 110 feet on the east line sf Bermuda Triangl0 Road, approximately l~sP0 feet north of West Hundred Road. Tax Map 117-~ (1) Parcel 15 (Sheet On notion of ~r. currin, seconded by M~. ADDlegate, the Board In Dale Magisterial District, T~ ~STE/%FIELD ~OURT~ SUP~FISOt~S requested rezoning from Ligh= Indu~trial (M-l) Light Industrial (I-l) w~th Conditional Use to pe~it out~id~ storaqe on ~98,~4 acre~ and rezonin~ from Light Industrlal (M-l) to Light Industrial (I-l) with Conditional U~ Planned Develo~nt tO permit use ex=e~tions and outside ~torag~ on 101.63 aore~. The de~si~y of such a~e~d~ent will controlled by zoning c0~ditio~ or ordinance standards. Tho Compr~ensiwe Plan de,ignores the prop~r~y for light regulations. ~is request lisa on a total of 300.1~ acre~ ~ronting in two (2} places fur 6~570 feet on th~ north lin~ of Route 2SS, approximately ~00 feet we~t of Iron Bridge Road, al~o fronting approxi~ely ~,900 f~e~ on the north and south line~ of ~it~pin~ Road, approximately 1,6~0 feet ~outh Airfi~Id Drive, al=o fronting the east and we~t line9 ~a~ 6~-13 (4) Chesterfield Airport Industrial Pa~k, Lot 1; T~x Nap 79-1 (2) Chesterfield Airport In~umtrial Park, Lot 1; Tax N~D 79-1 (4) Chesterfield A~rport IndustriAl Park, Lots 1, 6 and 7; Tax Map 79-2 (~) Chesterfield Airport Industrial Park~ ~ts 2 through ~7 Tax Map 79-2 (3) Chesterfield Ai~0rt Industrial Park, Section A, Lot l; Tax Map 79-2 Chesterfield Airport Industrial Pa~k, Lot 1~ Tax Map 79-] (4} Chesterfield Ai~or~ Industrial Park, Section B~ Lo~ 2; Tax Mmp 79-5 (2) Chesterfield Albert Indum%rial Park, Lot 1; Tax Nap 79-6 (3) chesterfield Airport Industrial Park, Lots 3 t~ough 12, 15, ~0~ ~1, ~, $0, 92 through 3S~ 42 through 47, 91-585 8/28/91 79-6 (3) Che~terfleld Airport Industrial Park, Section A, Lot 2; ~ax H~p 79-6 (4) Cox Airport Condominiu~ A, Units 1 through 4; Tax Map 79-10 (2) Chesterfield Airport Industrial ~ark, Lots 6 and 7; Tax Nap 79-1~ ($) Chesterfield Airport Industrial ~erk, Lots 1, 2 and 50 (sheets 21 and 22). Mr. Jacobson presented a summary of C~se 91SN0222 end stated t~e Planning Commission recommended approval subject to CODdition~. ~r. Lane Ramsay, r~pr~enting the applicant, s~ated the recommendation wa~ acceptable. There wa~ no present. After brief discussion, on motion of Fir. Daniel, seconded by F~r. Applegste, the Board approved case 91SN0~ subject to ~. Uses on that portion of the property zone~ Light Indu~iat (I-1) with Conditional Use Planned Development (Tax Map 79-~ (4) chesterfield Airport Industrial Park, a. Any pe~itted or restricted Light Industrlal (I-1) b. Dairy product~ manufacturing O. Elaotrioal transmission and dis~ib~tion e~ipment, ~ipm~nt and supplies d. ~rnituru and fixtures ~anufaoturing e. Ioe. manufactur~ng ~annfa~turing g, O~mr fabriQated m~tal products manufacturing not o~erwise listed h. o~er food Drmparations manu~act~ing i. Petroleum products cr fuel (gos or li~id) or c~ic f~t j. Si~s and u~v~rti~ing d{splays manufacturing k. ~atellite dishes for co~unication purposes. 2. ~tside storage shall be psrmitted, as accessory to a a- Snob storag~ shell be sore~n~d from view of all adjacent propert~, privat~ roa~, and publio rca4 rights of way. soreening devioe~ t~at a~e visible from publi~ rights 0f way 5hall consist of ma~erial~ an~ colors that are compatible wi=~ ar~itectural freedent of the principal buildings. ~ ~xact method and treatment of screening shall approved by the ~lanning Department; D, NO more ~an ten (10) percent of the gross floor area of the prinoipal ~se on any zoning lot may u~ed for outside storage, p~ovided that a minim~ of 300 square feet an~ a maximum of ~,0OO square feet of outside storage shall be pe~itted fo~ ~oning outside storage shall not exceed ten (10) feet height; an~ ar~as and shall observe the minim~ ~e~ire~ setbecks for parking ar,as. Vote: Unanimou~ 8/28/91 In Matoaca Magisterial Dimtrict, VI~CXN--~A PAI~ CO.ANY requested amendment ~0 ,a previously granted zoning (Cas~ 89SN0179) to permit radio, televisi~n and other home entertai~ent sales and ~ervice. The density amen~ent will be controlled by zoning ¢onditi~nz or Ordinance standards. ~ Comprehensive Plan de~ignate~ the property for development re,elations. ~is request lie~ in a Convenience ~usines$ (B-l) Distri:t on 4.3 acres fronting 450 feet on th~ south line of Mull Street Road, approximately and 4 (Sheet the Planning Co~ission race,ended approval and acceptanc~ the proffered condltiong. Rinc~ there wa~ no one present to re~resent the applicant at th~s time, the request was placed in it~ regular science on 91~i'02~$ In Matoaca Magisterial District, APPOMATTOX ~ Wkr~ ~u'xaORIT~ requested amendment to Conditional Use (Casa 90SN0294) r~tat~va to buffe~ requirements. The density of ~uch amendment will be con~rolled by zoning conditions or Ordinanc~ standard~. The Comprehensiv~ Plan designates the to be detect,ed by development re~lations. This request lies in an Agricultural (A) Di~tr~ct on 1.7 acres lyin~ approximately R00 feet off the south line cf Chesdin Road, the Planning co~is~ion r~o~ended approval subject to conditions, reco~endation was acceptable. There wa~ opposition p~e~ent. Mr. Sullivan stated since there was opposition to the ~qu~t, it would be placed in itl ~gula~ ~equence on the agenda. 91,SNOI~7 In Ma~caca Magisterial Distrlotr ~ERT M. FITZGERALD, III requested ~ Conditional U~e to permit s recreational fecillty (tot lot) ~n a Residential (R-i~) District. The density of such amendment will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan designates the property for residential use of ~.~ units per acre or le~s. Thi~ request lies on a 0.62 acre parcel fronting approximately lTo feet on the =oath line of $ou=h Happy Hill Road, also f=o~ti~g approximately 170 feet on the east line of Old Hampstsad Lane, and located in the southeast quadrant of the interse~tion of these ~oads. Tax Mu~ 132-~0 (4} Hampstead Place, Section l, Lot 69 (Skest 41). Mr. Jacobsen presented a sur~mary o~ Case ~l~NOl~7 and stated the Planning Commission recommended approval ~ubject to conditions. acceptable. approved in the county were required to have conditional use; and felt since thi~ tlrpe of activity was being authorized by the County, the County ~houl~ consider providing liability insurance or requesting outdoor recreational facilities to have liability insurance. Colonel Mayas inquired if consideration of the zoning case was related ts the coDoern~ about )lability insurance. ~t~. Micas stated the zoning case was a land use issue. On motion of Mr. Mayas, seconded by Mr. Applegate, the Board approved Case 915N0187 subject to the following conditions: 1. A twenty-five (25) foot buffer shall be maintained along t/~e southern, eastern and western boundaries of the site. · ~nese buffers shall be land~caped in accordance with Article 4, Division 4, Sedtions 21.1-226, 21.1-227 ~hrough (h) and 21.1-228 of the zoning ordinance. (NOTES: (a) Conditions cZ zonin~ r~ire a fifty (~0) ~oot ~ffer along South Happy Hill Road. The proposed U~eS mUSt conform to this buffer. (b) The recorded subdivision plat establishe~ a ten (10) foot setback from =he fifty (50) foot buffer along Sout~ Ha~y Hill Road. ~e p~oDosed use~ mu~t confo~ to this setback.) ~. The playg=oun~ ~quipm~nt ar~a ~h~ll b~ ~nolo~d by fence, the exact height, design and location of which of site plan review. The fence, however, shall be (P) equipment, excluding any paved playing courts or 5, within ~irty (3Q) days of the approval of this request, site ~la~s depicting this ~e~ir=munt shall be submitted =o the Planning DeDartm~nt for approval. Vote: Unanimous 91~NO214 In Midlothian Magisterial District, L~DOLF W. requested amendment to conditional Use (Case 79S044) relative to hours of operation of a private school. The density of suc~h amendment will be controlled By zoning conditions or ordinance standards. The Comprehensive Plan designates the property for residential use of 1.51 ~nits per acre or less. This rcquust lie~ in an Agricultural (A) District O~ acre parcel Srontinq a~proximately 450 feet on the southwest line of Courtho~ Read, approximately 1~0 feet northwest of KCithWOOd ~arkway. Tux Map 27-2 (1) Parcel 2 (Sheet ~r. Jacabson ~resented a summar~ of Case 91SN0214 and stated th~ Planning Co~%mission racom/sanded approval subject to ~ uondltisn. ~r. Edward W~lley, Jr., representing the applicant, stated the recommendation was acceptable and that he had spoken with the aDDo~ition present end felt the objection was a matter of 91-~$$ 8/25/91 prinsiple and was not an ~bjection to this particular case and, therefore, requested the Board to give favorable ~r. George Beadlem stated he felt the Board ~h0uld relinquish authority in zoning cases regarding Setting the hours of, operation. On motion of F~. Sullivan, seconded by Hr, Currin, the Board The hours of operation shall be limite~ ~u between 7:00 a.m. a~d 6:30 p.m., Monday through Friday. No Saturday or Sunday operations shall he (NOTE: Th~ osnd~tion supersedes Cendition ~ of case 79S044,} Vote: Unanimous 91SN0226 In Ha~oeoa ~s~i~terial District, APP0~AT~0X ~ ~u'rn0RITY requested amen~nt to Conditional U~e (case 90$N0294) relative to baSSet requirements. The density of such amendment will b~ controlled by zoning conditions or property for park~, ~ec~eation or op~n spuce use wi~ to be determined by development r~gula~ions. This request lius in un Agricultural (A) District on 1.7 acre~ lylng approxi~a;ely ~00 fe~= o~f =he ~outh line of Chesdin measured from a point approxlmate~y ~,~00 feet so~th of River Road. Tax Map 185-7 (1) Part of Parcel M (sheet 52). N~. Jacobson presented a ~u~ary of Came 918N02~6 and stated oondition, Hr. Riahard Hartman~ representing the applicant, stated the and in, ired a~ to th~ underlying reason for cane~ beiRq a~d al~o i~ired a~ to the progress of the study on th'~ water ~ality of Lake chesdin. N~. Mayes i~qui~ed if Mr. ~aadle~ wa~ nwaFe of anything out the ordinary pertaining tO this particular =a~e even though aware of anything. On motion of Mr. Mayer, ~co~ded by Mr. Appl~gatm, th~ Beard appToved Case 91SN0226 subject to the following condition: ~oept a~ noted hereib, the ~ev=nty-five (75) foot buffer r~i~e~nt~ of the Zoning Ordinance, Article 4, Division 3. sludge lagoons, utilities, and soll ;tockp~le~ ~hali be pe~itte~ within th~ buffer. If utilities and ~tockpiles are locat~ in %he buffer, the exact placement shall be approved by the Planning Department. if ~h~ area is used ~or atockpiling~ at such ti~ th~ adjaeent property to the north i$ ~evelope~ for u~e~ such as, but not limited to, a water treatment plant, the buffer shall be l~n~cape~ in accordance with the re~irements~ as sp~cifled here~n unless modified t~ough (NOTE: This condition supersed~ Condition 3 of Case 90SN0294 fo~ the ~egue~t property only.) Vote: Unanimous 8~SNU3~4 (Amended) In ~idlothian Magisterial District, %~//~INTA ~ PARTNERS requested rezoning from Agricultural (A) to Resid~ntlal (R-lS). Re~id~ntlal u~e of up to 2-9 units per acre i~ parmltted ~n a Resident~a~ (R-15) District. The Comp~e/lensive Plan designates the property for residential use of 2.2 units per a~re or less. This ~equest lies on a 256.8 acre parcel fronting approximately 1,637 feet on the we~t line Of 01d Hundred Road, approximately 3,700 feet northwest of Otterdale Road. Tax ~ap ~4 (1) Parcel ~1 (Sh~t~ ~, 6 and ~. Jacobsen pre~nted a ~um~ary of Case 895N03S4 and ntated the Planning Co~mlssicn had originally reco~nded denlal deferred ~is casa for ninety days to give ~e applicant an opportunity to meet wi=h adjacent property o~er6 and since that time an additional amended proffer ha~ been received. f~the~ stated st~ff recommended approval subject to the acceptance of the proffered conditions. ~. A~pl~qate inquired as to where ~e development would tie ~nto the p~lic ~awer sy~%~. Mr. ~ardner stated development would ti~ into th~ publi~ sswer ~ystem ~t did not y=% know wh~re or at what point in time. ~. Maye~ mtated t~e~e was no condition or proffered condition ·tating ~e applicant would tie into the p~lic sewer system. water and smwer mystem but was not a ~roffere~ condition the ~ounty, although, they had agreed wit5 the adjacent property owners ~hat public sewer would be ~en asked, ~. Hicam indicated t~ oas~ would ~av~ =o deferred in order to accept a written proffer from the applicant. Dimcu~ion, oo~ents, and questions ensued relative to the use of public water amd mewer for th~ requegt. ~. Gardner stated that although the intent wa~ to tie into th~ public water and sewer ~ystem~ he would almo t~e to ~ave th~ option of s~lling a pi~c~ of the paroel if the site was approved for a well and septic Discum~ion, co~ent~ an~ questions en~ued ~elative to d~ferring th~ case for thirty days and the proper manner in which to uddrass the wa~tewater development should hav~ public water and sewer and would race,end deferring the case for t~i~ty days. ~. Gardne~ indicated ~e wo~ld be willing to proffer that oondiBion but was concerned with the cos~ ~o mak~ muc~ p~offe~ a~d ~tated the mdjacent property owners were present for ~is reques~ for ~he public wa~er and ~ewer ~ystmm if the applicant was to proffer that condition; ~e timeframe which a Zoning Ordlnanu~ amen~nt r~garding fee~ would considered by the ~oa~d; and the proposed fee to be reco~en~e~ by ~ Planning Commission. ~r. }high Woodle etate~ he was representing the adjacent property owners; that the neighborhood originally was oppesed applicant; that the zoning fee for proffers was one of the p~oblems that had been addressed by the neighborhood and they eupportnd the request du~ to the applicant's agreement with oonsidara~ion to tho ra~uest. ~r. Mayas ingulred if the zoning case was approved as submitted with the appllcant~s iotont to tie into the public applicant be permitted tO install well and septic tanks. Fa:. Jacobsen stated staff wo~ld have no ability to require the felt the nature of the soil and the qeolo~y of the area, basically required the use of public water and sawer. Nr. Applegate stated there was an agreement between the applicant and the adjacent property owner~ stating he would tie into the Dublis water and sewer system and~ therefore, felt the request could bs approved, F~r, Gardner indicated the agreement was contingent upon approval of the zoning case, drainfields and the prapossd lot sizes for this request, ha need to be proffered. Mr. Jacobsen stated that if large enoug~ lots wore developed in the subdivision and p~oper well and septic ~y~t~m ~t~m were provided, ~hen staff would ba required to approve the subdivision. Mr. ~oorge Boadle~ ~tated he had concerns about approving the request if the developer ~or some reason wa~ unabl~ to ~ro~eed and transportation needs in this area. the lot sizes on the perimeter of the eastern ~ide of the proper~y which woul~ be recorded. Mr. ApDlegete stated he could support the request as submitted. Mr. Sullivan stated he had concerns about the proposal not receive any cash proffers as the request hsd been submitted world be an impact on County services such as adOitianal g~n~rate appro×i~at~ly 250 suhool children; and that there was Mr. Gardner stated that although h~ did not know when th~ property would Ds develope~ he felt he had satisfied the concerns of ~oth the County and the surrounding neighborhood, Discuseion~ comments, and quu~tions ensued relative to the 23, 1991. For lack of a second, the motion failed. l~r. Daniel inquired as to the need to zone the property at this point in time zincs it Was not known when the property would a~tually be d~velcped. Mr. Currln stated he fel5 an opportunity was being taken away from the applicant by delaying the zoning of the property and 91-591 8/28/9~ t~at the applicant had the right to develop the property within his own tlm~fra~. ~r. Danisl stated he did not £eel the applicant's right to u~e the property was being denied but rather the public had a regarding the request. Mr. Gardner stated the request had been existence for an e~6en~ed period of tim~ and that although the economy has had an impact on the dewelopment of the site, he did not feel r2~e zoning provide~ th~ u~ of publi~ water an4 ~ewer wa~ addressed. original concern~ of the s~rcunding neighborhood regardin~ the Zoning Ordinance, which sets minimum lot size~, wo~ld pe~it th~ aDpliaant to craat~ larger lot ~iz~ and ~f th~ lot Daniel inquired if the zoning was approved wo~ld the app~iGant be required to provide public water. ~. sohmel~ indicated without the use of public wat~. Mr. Daniel stated since the ~e~est provided for an upper=unity to provide ~or wells, he oould noZ ~uppor= the the applicant wo~l~ %i~ in~o ~e publi~ water ~ys~ wo~l~ b~ appropriate. Dimcussion, co~ents, and questions ensued relative to the applioant submitting an additional proffer and ~. Micas indicated State law restricted the ~oard from accepting proff~r~ a= ~is ~im~. ~. sullivan restated he had concerns about =he proposal not bein~ ~eveloped for ~ev~rat years; ~a~ the County would not befor~ the Cash Prsffer Polioy was imDl~ente~; and that the=e on motion of Mr. Mayas, seconded by Mr. Appleqate, the Board deferred Case 89SN0354 until October 23, 199~ in or4er to give Zonin~ Ordinance and to give the applioant an opport~i~y to a~dre~ an additional prsffer regarding the use of public Ayes: ~. Currin, ~r. ADplegate, ~. Daniel and ~. Keyes. Nays: ~. sullivan, In Dale Magisterial District, CHARLES DOUGLAS SP~C~ AND · ~/~INIA F. SP~C~ requested rezoning from Light Industrial (~-1) to Co.unity Buslnass (c-~) w~ conditional relative to out~ide ~to~aqe. The density of such ambient will b~ controll~4 by zonin~ conditionm or Ordinance standards. The Ccmprehenslve Plan design~tem the prep~rt~ for light commercial use with density to be determiaed by parcel fronting approximately 278 feet on the west lln~ of Turner Read, approximately 180 feet seuth of Bel~o~t Road, also fronting approximately §7 feet on the south linc of located sout~hwest of the intersection of these roads, Tax 4~-15 (1) Parcel 6 (sheet ~. Jacob~on presented a s~ary of Came 919N014~ and stated ~4, 1991 in order to allow the applicant to amend a further stated the Planning Co~ismion ~ad ~iginally reco~ende~ approval and acceptance of t~ conditions which was based on thc five year restriction of the more intense use~ and staff was reoo~endin~ d~nial of the ~. Oliver Rudy, representing the applicant, ~tat~d the proffer had be~n amended an~ that th~ applicant was a~reeabl~ to all of ~ condition~ with th~ e~ptio~ of the five year ~. Daniel eta=ed =he business opera~lo~ had been in existence and located at ~is site ~or ~ long psriod of time and the r~es= WoUl~ bring the applicant in compliance with th~ Zoning Ordinance. On motion of Nr. Daniel, ~eoo~ded by ~r. Appl~ga~e, th~ Board appreved Ca~e 91SN01~9 and accepted the following proffered oon~itions~ U~e~ shall be restricted ~o any pe~it~e~ ur r~trlcte~ Neighborhood Busine~ (C-2) use; provided, however, th~ a. Ca, enter and cabinetmakers' of~ice~ an~ b. Contractors' offices and display rOO~S; c. Electrical, plum~ing or hea~ing supply sales, semite and related display 2. Prier =o issuance of an occupancy permit for any redevelopment that would ~enerate a significant in traffic above the traffic generated by the use, as determined by th~ Tran~portation Department, additienal pavement shall be constructed along Road at ~ approved aC¢~S~ %o provld= a left turn lane. ~. Other than the improvements specified herein an~ no,al maintenance, there shall De no additions or alterations cablnstmak~rs' offices and display rooms; contractor~ o~fice~ mn~ dj=play roon~; and ~lectrical, plumbing heating supply sales, servlce and re~ated display Outside storage shall be permltt~d for the following enly: a. Ca, enter and cablnetmak~rs' office~ and b. Contr~ctcr~' offices and display rooms; Electrical, plumbing er heating sugply sales, and related display rooms. 91-593 ~/2~/91 5. Outsi~e storage shall be cenfined to the north~nmost pa:kin~ area and the existing fenced area en the south side of the existing building. Outside storage areas shall be s~raensd from a~ja~ent properties and Duello rights of way. The southernmost outside storage area ~hall bs ~ore~ned with a solid hoard fence. The northernmost outside storago area ~hall be ~¢reened by a combination of a solid hoard fence, the building, and landscaping. ~psoifieally, a solid board fence shall be installed from the northeast corner of the building around the eastern and northern boundary of the northern outside storage area. Further, additional landscaping shall be installed along the western boundary of the outside storage area. The height of fences ~hall be such that the view of vehicles, ether than those specified in the note under Proffered Condition 6~ shall be minimized and such that all other equipment and materials do not exceed the height of the fences, Ail gates to outside storage areas shall remain closed at all times =hat the outside storage area is not being accessed. 6. Con~tructlon equipment and construction vehicles ~hall be par~ed within outside ~torage areas. (NOTE: Au~o~obiles, station wago~, light va~s and pick-up truck~ designed primarily a~ passenger veh~clus ~hatl ha eEoi~ded from this requirement.) (NOTE: Prior to commencing any improvements, site plane must bm ~ubmitt~d to th~ Pia~ni~g Depar~ent for ~pproval.) Vote: U~a~i~on$ 9~SN0200 In ~a=oaca ~agis~erial District, H~NI~Y ~. H~I~ Jla. rc~oning from Agricultural (A) to Com~ity ~in~s (C-3), T~e density OX such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designates the property for office u~e with density to b~ determined by development regulatlon~. Thi~ request li~ on ~.0 acres fronting approximately 700 feet on the southwest 1ins of Iron Bridge Road, across from centralia Road. Tax Map 95-12 (1] Part of Parcel 44 (Shee~ Mr. Jaoobson pre~ented a ~a~ of Case 91SNO~00 and stut~d ~ ca$~ h~d been heard at the Board's meetin~ on July 24, 1991 a~d Was Carri=d over to this m~sting due to a tie vote and ~hat the applicant had su~mi~=~ an a~di%~onal proffer which would provid~ for right~of-way dedication for a ~ird lane o~ Davemant on Route 10. Ha ~urth~r stated the Plannin~ Co~i~sicn and ~taff recommended approval and acceptance the proffered cundltionm. ~. ~ers stated the reco~endation was acceptable. Thor= was no opposition p~e~ent. After b~iaf discussion, on motion of ~. ~yes, s$~o~d~d by ~. Applegate, the Board a~p~ove~ C~s~ 91SN020D and t~e followin~ proffered conditions: 1. The followinq uses shall be excluded from th~ C-3 a. C~:ktail lounges and ni~htolub~ b. Fraternal uses c. Mo~pital~ e. LaboraSories 91-594 8/28/91 Pawn shops and second-hand shops Taxidermies Theaters Commer=ial ksnnel~ The architectural treatment of all buildings shall be $imilur to, and equal in q~ality to, Chesterfield ~eadow$ West Shopping center. De~ailed renderings depicting these requirements shall be nubmitted to the Planning Department for approval in conjunction with the site plan review, Public sewer shall be used. Prior t~ obtaining a building permit, one of following shall be accomplished for fire protection: For building permits obtained on or before June ~0, 199i, ~he owner/developer shall pay to the County $150.00 per 1,000 s~are feet of gross floor area. I~ the building permit is obtained after June 30, 1991, the amount of the required payment shall be adjusted upward or downward by the same ~ercentage that the Marshall Swift Buildlng Cos= Index increased or decreased between June 3~, 1991, and the date of payment, With th~ approval cf ~he County's Fire Chief~ the owner/developer shall receive a credit toward the required ~ayment for the cost of any fire suppression system not otherwise required by law which is included am a part of the development. OR b. The owner/developer shall provide a fire suppression system not otherwise required by law which the County's Fire Chief determines substantially reduces the need for County facilities otherwise for the protection. Acce~ to Iron Bridge Road shall be limited ~o the existing site road that ~erve the Chusterfield Meadows W~st Rhoppinq Center located towards the ~outhern property llne; a right-turn-in only on Iron B~idge Road located approximately ~50 feet north of the site road's intersectlen with Ir0n Bridge Read; and ene (1) additional entrance~exit located approximately midway between Iron Bridge Read'~ inter~eotiens ~ith Centralla and Krause Roads. Th~ exact losatlon of accesses shall be approved by the Transportation Department. TO provide for an adequate roadway ~yste~ at the tim~ of complete developmen~ the developer shall be r~ponsible for ~-h~ following: a. Construction of additional pavement and curb and gutter alon~ the ~0~thbo~nd lanes of Iron Bridge Ro~d for the entir~ property frontage to provide a t~r~ lane. b. Construction of additional pavement and curb and gutter along the e~isting slue aoce~a road at it= i~terseetion with Iron Bridge Road to improve the radius along the in-bound lane {i.e., northwes~ corner of intersection). c. cloming the existing Crossover on Iron ~ridge Road adjacent to the property, unless otherwise approved by the Tranmportatio~ Department. 91-595 8/28/91 Full cost of any traffic signal modifications warren%ed by the proffered improvements, eXCludin9 relocation of tho polo or upgrado to mast arms, at Road the Centralia Road/site road/Iron Bridge intersection. 7. Print to any site plan approval, a phasing plan fsr required road improvements shall be submitted to, an~ approved by, the Transportation Department. S. The existing spring site may be renovated and restored~ The existing spring site shall not bo oliminatod by the development of this property. 9. One hundred (100) feet of ~ight of way on the went side of Routs 10, measured from the oentertine of that part of Route l0 i~L~ediately adjacent to the property shall be Chesterfield County. This right of way shall be dedicated in phases, as approved by the TranaDortation Department. The right of way dedication across the part of ~e Droperty currently devoloped as an office shall occur at ~uch t~ne the property ~ ~ignlficantly rede~eloped c~ ex~anded~ as determined by the Transportation Department- Vote: Unanimous 90~N0~5 rezonlng from A~ricultural (A) and Communlty Bus~nasm (~-2) to Community B~siness (C-3). The density of such amendm~nh will be controlled by zoning conditions or Ordinance standards. ~e Comprehensive Plan designates th~ property for mixed indus~al uses wi~ dens~ty to be determined by approxi~tely 550 feet on the northeast line of Bast Hundred Road, approximately 1,380 feet northwest of Enon Church Road, and ~1~o fronting along th~ western terminus of ¢01~ Tax Map 135-4 (2) Rivermont Hills, Lot 52 (Sheet 42). ~r. Pools pre~¢nted a ~umm~ry of Came 90SN0~5 und stated th~ proffered conditions and staff hud originally had reco~ended approval subject to the applican~ submitting proffers to road improvementm and although proffarm had bmen ~. Jeff collins, reDresenting the applicant, stated applicant hud met with %he ~urrounding neighborhoods ~n th~ area; ~a~ ~h~y had submi~te~ ~roffere~ conditions res=rio~ing the uses and relating to ~xtensive buffering mhd around the ~erimeter of thm ~arc~l; an~ felt the f~ll lame of wld~nlng on Route 10 was ads,ate in addressing and ~ere would be no left hand turn movement into the =its be considered at the time of site plan approval and not this time. There wa~ no oDDo~ition ~t~ brief discussion, on motion of ~. Currln, seconded by the following p~offer~d condlt~cns: 1. ~i~r to obtaining n building pe~it, one of the following shall be accomplished for fire protection: A. The owner, develope~ Or assi~ne~(s) shall pay to the county $150 per 1,00~ square feet of ~os~ floor percentage that the Marshall Swift Building Cost and the dat~ of payment. With the approval of the assignee(s) shall receivm a credit toward th~ required De~munt for the cost of any fire suppression system not othar~isc repulred by law which is included a~ a Dart of the development. law which the County's Fire Chief OeteL-mines nu~stantislly reduoes the nee~ for county facilities Prior ~ite plan approval, one hundred (100) feet of fish% centerline of that part of Route 10 immediately adjacent tc the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Access to Route 10 shall be limite~ to one entrenoe/exit location of this access shall be approved by th~ and const~cted to be shared with the adjacent properties Department, acces~ ea~ment~ acceptabi~ to the 4. To provide for an ads,ate roadway system at ~e time of for the ~ollowing: addltiunal ~rough lane (i.e,, third through lan~) for the ~ntire property frontage. B. Dedication to the County of Chest$rflel~, free and unrestricted, of any ~ddi~ionnl right of way (or e~em~n%) requirsd for =he improvements identified above. T~is dedication shall occur prior to any ~it~ pla~ approval, approved by the Transportation Department. 7. The following usem shall b~ allowed: A. All us~s permitted by right in the C-1 Conv~ni~no~ I. The following ~hsll not be pe~itted: 2. Variety ~tcre. 91-597 ~/2~/~1 II. The following USes shall be permitted suDject Bar,ks and Savings & Loan Associations shall be allowed, provided that out~id~ ~peaker ~y~te~s shall not ex~eed e de=ihel level of 45 dec~el~ et a distance of 30 feet from the speaker. Ail usaa permitted by right in the C-] Neighborhood Business District except: I. The following uses shall not b~ Darmltted: 1- Automobile self-service stations. Department stores. 3. Jewelry stores. 4. Occult ~cie~ee~ s~dh as palm readers, astrologers, fortune tellers, tea leaf readers, prophets, etc. 6. Schools - music, dance and business. 7. Hospitals. II. The following u~ shall be permitted ~ubjsot to compliance with the following oondltion~: that no out~ide run~ shall be allowed. 2. Veterinary clinics, provided that no outside runs or overnight boarding shall be allowed. All use~ permi~e~ Dy rig~= in the ¢-3 community Busin~ District ~xcept: T. The following uses shall not be p~rmitted: 1. Automobil~ service ntatien~. Cocktail lounges and nightclubs. 4.Hospitals. Hotels. 7. Pawn shops and seoond-~an~ stores. COmmercial-indoor. 9, Schools - commercial, trade, vocational and training. Taxidermiem. 11. Theater~. 12. Vatmrinary hospitals and/or os~eroial kennels. II. T~e folkowing uses shall be permitted ~ubjeet to compliance with the following uonditluns: l. Carpenter and cabinet maker offices and display rooms, provided that all fabrication is performed within an enclosed building. Laboratories, provided that no analysis of toxic er environmentally hazardous materials shall be permitted. engine and tra~s~issio~ ~=puir, provided that at1 work is p~r£ermed wit~him an e~closed building. 4. Restaurants, provided that no fast food or carry out restaurants shall be permitted. 5. Outside storage, as accessory to the ~$es p~rmitted herein, provided that: a. Such uses are screened fro~ view of any adjacent properties on w~ich ~uch uses are not permitted or do not exist, and areas currently zoned agricultural and designated an the Gensral Plan for residential, agricultural, office, or light industrial uses and external p~bli¢ road rights o~ way; and b. No more than ten (~0) percent of the gross floor area of the principal use may be used for outdoor storage. · he existing virginia Power easement along the western property boundary ~hall be maintain=d as a buffer. Except a~ noted herein, bsrmlng ~hall be accomplished within thim buffer i~ a¢cor4ance with the plan prepared by Charles Towhee and Assooiates~ P. C., dated Zay 10, ~990, and title4 ~xhibit A-Buffer Plan. This buffer shall be landscaped! the exact a~o~nt and sp~cie~ to be approved by the Planning Department. With the exception of utilltle~ and access that runs generally p~l-pendieular through the buffer, Virginia Power facilities, harming and landaQaping, there shall be no facilities permitted within the buffer. If at any time Virginia Power disturbs the buffer, the owlner/developer ~hall be resp0n~ible for r~mtcrin~ the bu~er ~u its a~roved condition. Further, bek~ing shall be accomplished within the seventy-five (75} foot ~u££er resulted by t~he Zoning Ordinance adjacent to Residential (R-7) zoning. Except as noted herein, thi= harming shall comply with the plan prepared by Charles Town,s and Asso=iate$, P. C., dated ~ay 10, 1990, tltlsd EF~ibit A-~uffer Plan. The ~16DC~ of all berms shall not eXQ~od 3:1. All b~ffsrs, as described herein, shall be installed p~io~ to the release of th~ flr~t occ~pan=y permit. 91~N~227 In Bemuds Magisterial District, C- C. M00~ requested rezoning from Agricultural (A) to Residential {R-25). Residential nme of up to ~.74 uni%~ per acre is pereitte~ in a 91-599 8/28/91 Residential [R-25) Die,rio%. The Comprehensive Plan units per acre or less. This reguest lles on 14.4 acres frenting approximately 103 fs~t on the east line of North Enon Church Read, approximately 250 feet north of Meedowville Road. Tax ~ap 100 (1) Part of Parcel 4 and Tax ~ap 101 (1) Parcels 1 and 3 (sheets 33 and /(r. Peele presented a su~ma~y of Case 91SN0227 and stated Planning commissien ~aoommended approval subject to a condition a~d ~oc~pta~¢~ of th~ proffered condition a~d staff had orlqlnally recommended spproval of the rec~est and ~e re.est. He noted that staff did not feel the proffered condition was adequat~ to mitigate the impact, was not consistent with the c~rent policy and, ~erefore, staff was ~. Jim ~ayes, repre~n=ing ~e applicant, s=ate~ applicant wa8 re~esting approval of one buildin~ pe~it on ~e site; tha~ due to ~he ~an~e in ~e subdivision ~e~ ha~e been re~ired to s~-divide to create the parcel; =aah proffer but had ~ubm~ted a Droff~r to addre~ ~on=ern= regarding future development of ~e elbe. There was no After brief di~cussion~ on motion of Hr. currin~ s~oonded ~. Applegate, th~ Board approved Ca~ 9~SW0~17 ~ubj~ct to ~ following A buffer shall be established and ~aintain~d b~twaen ~e eastern property boundary an4 th~ ~eventy-fi~e (7~) foot contour el~vat~on~ of ~e request ~ite. OtheT than ~ u=iliti~s which run g~nerally perpendicular t~ough ~e buffer, no Xacilities shall be permit=ed in the buffer a~ea, unle~ approved by t~e Planninq Department at ~e =ime o~ tentative subdivision r~view. Seleo~ive ole~ing for scenic vi~tus mhull be permitted provided, however, the= ~e=e s~all be no disturbunc~ of root mat or cover, removal of trees in excess of six (6) inches in oallper or the removal of any tree s=umDs wi~in buffer area. This condition shall not preclude And, further, the Board accepted th9 following If more =ham two lot~ are oreate~ as a result of rezoning, the applicant, subdivider, or assignee(s} shall pay the following to the County o~ Chesterfield for each ~uch lot at the time o~ building p=~f= application within two ~enrs of record plat approval, whichever ~hall ocour first, for infrastructure improvemen=s within ~e service distrio~ for t~e property: a. $2,000 ps~ lot~ if paid prio= to Ja~ua~ t, 1992; b. The a~o~t a~D~oved by t~e BOurd of Supervisorm not to exceed $3,000 Dar lo~, if pai~ Me,wean Janua~ 1, 1992 and June 30, 1992, in:l~s~ve; c. The amount approved by the Beard of Supervisors not to exceed $4,000 per lot, if paid between July · 992 and June ~0, 1993, inclusive; or d. The amOUnt approved by the Board of Supervisors not to ~x~e~ $4,000 Der lot adjusted upward by any 91-600 8/2~/91 increase in the ~arshall and ~wift Building Cost Index between July l, 1992 and July 1 of the fiscal year in which the pa~ent is made if paid after June 30, 1993. Prior to final subdivision plat approval, the applicant, subdivider, or assignee(s) shall furnish to the ~oa~d of Supervisors a surety bond, approved by the Cotsnty 91S~224 In Mutouca Magisterial District, VII%~INIA PAINT COD~AN~ requested a~dment to a ~reviously granted zoning (Case 89SN0179) to permit radio, television and other entertainment sales and service. The density of such a~endnent will be controll~ by zoning conditions or 0rdinanc~ ~tandarda. The Comprehensive Plan debt,nates ~ property for mixed us~ corridor with density to be determined by development regulations. T~i~ request lies in a convenienc% Business (B-l) District on 4.3 acres fronting 700 lest east of Deer Run Drive. Tax ~ap 7~-4 (1) Parcels and 4 (s~eet Mr. Peele presented a sugary of Case 918N0224 and stated the proffered condition. ~. Robert Maddox, representing the apple=ant, ~at~ advertised and felt it wam not After brief discu~mion~ on motion of ~r. ~ayes, seconded by ~. Apple~ate, the Board approved Ca~e 9~8N0224 and accepted ~e following proffered condition: Ca~e 898N0179, the followinq ~hall be pe~itted: RRdio, televizio~ a~d other home entertai~e~t sales (NOT=: ~is condition ts in addition to ProffeTed Condition I of Case Vote~ Unanimous · 1.~. ~XF~.~u~¥~ SESSION MZ'. A~plegate disclosed to the Board that Mr, J~wett was a business asssclat~, declared a potential eon~liot o~ interest pursuant to thc ~irginie Comprehensive Conflict of Interest R~t, and excused himself from the meeting. On motion of ~r. Daniel, seconds4 by Mr. Kayak, the Beard went i~to Executive Session, pursuant to Section R.1-344 Co~e of Virginia, lgmo, as amended, for consultation with legal eounzel regarding County cf Chesterfield versus J. Jewett. Ayes: DLr. sullivan, Mr. Currin, Mr. Daniel and Dtr. Mayas. Absent: Mr. App]egate. Ra=onvening: J~r. Applegate returned to the nesting. On motion of Mr. Daniel, seconded by Mr. Noyes, the Board a~ep~e~ 9.he following re~o~u~iun: into ~xecutive Session in accordance with a formal vote of the Board, and in accordance with the provisions of the ViTginla Preedom of Information Act; and W~R~AD, the Virginia Freedom of Information Act effective July 1, 1989~ provides for certification that S~Oh ~xecutlve Session was conducted in conformity with law. ~OW, T~FOR~ ~ IT R~O~V~D, tha~ the ~oard o£ County Supervisors does hereby certify that to the best of each member's knowledge, i) only public bualne~s matters lawfully exempted from open meeting requirement~ under the Freedo~ of Information Act ware discussed in the Executive Session to which this certification applies, and ii) only ~uch public businass matters as wer~ identified in the Motion by which the Executive Seeeion was convene~ were heard, dlscu~sed or censldered by the Board. No member dissents from this certification. The Board being polled, tbs vote was as follows: Y~. Dan/el: Aye. ~ir. ~ayes: ~ Aye. Mr. Applegate: Abstention. ~z. Currin: Aye. Mr. Sullivan: Aye. ]qr. Ramsay atatad tho County had ~een dealln~ wi~ the i~sue~ and options for Board review an~ ~onsideration. f~ther stated there had been discussions with th~ Virginia Department of Transportation (VDOT}~ ~a residents of Queen,mill and other~, an~ tho ~evelopers in the area for input into the proposed reoo~endation. ~. Jo~ McCraoken~ Director of Transportation, stated since of Route 288~ ~taff had bee~ working closely with ~OT londoners in the area. He 9resented an extensiv~ regarding ~DOT~s proposed design plan and ~e options and reoommendation~ available including alt~native~: I. C~NTERPDINTE/COL~/~V~AG~E~E~I CenterPointe O s o following Dedicate right-of-way for interim improvements and Coalfiald Road R~locat~d. Dedicate right~ef-way for Puwhlta/Coa!flel~ Interchange. D0dicate right-of-way for Lucks Lane/Route 288 and Powhita Parkway/Route 288 Interchanges. Reserve ultimate right-of-way for Route ~$~. county o and construct Coalfield Road Reiocat~d/~ha~te~ Colony Parkway and connector road - begin construction August, 1992. Through VDOT/County a~ee~ent construct Route 288 extension and loops/ramps - beginning within three years and complete within six yea~s. Agrees certain CenterPointe zoning conditions satisfied, 2 million square ~eet 0$ ~cYelopment is permitted as a result of dedication~ andVDOT/County road construction. II. REYNOLDS/COUNTY AGREEmEnT O Dedicate ~lti~ate right-of-way for Route 288, Coalfield Road Relooated/Cha~te~ Colony Parkway and connector road. County o ~hrsu~h VDOT/County agreement construct Route 288 e×te~io~ and l~op~/ramps - beginning within three years and ocmDlane wir~ain six years. Construct ~oalfield Road Reloaated/c~arte~ Colony Parkway and connector road - begin construction August, 199~. I/L VDOT/COUNTY AGREEMENT ~DOT O O Modify Route 288 plans. Desig~ a~d Oo~ut~uct interim loop,/ramps and two lane Route 258 extension. o Construct northeast loon and ~outhwest ramp at Powhite/Rcute 288 - begin Spring, t99~. O Con~truot two lane Route ~88 (Powhite to Coalfleld Relocated/Charter Colony), northeast ramp and ~nuthwe~t loop at Pewhite/Route ~8~, two lan~ extension Luck~ Lane - begin within three years. e NO ~olls on Route 288 (Route 360 to Powhite). n Recommend legislation to e~tend Powhite tolls to finance future projectm. County o Design an~ Qonstruct Coalfield Road Relouated/charter Colony Parkway and Oon~ector road - begin construction o Provide Route ~ right-of-way to VDOT pursuant to CenterPointe and Reynolds agreement~. o ~gree that $14 million of $~ million for Powhite Project be treated as advance toll payment. 5~r. ~¢Cr~=ken ~t~t~d the recommendation wa~ ba~ed on a three agreement process where the landowners would agree to dedicate the land, the County would have an agreement with vnet whereby the County would convey the land for Route ~88 and in 91-603 8/28/91 roads as well as the County agreeing to build some of the funding available from the state to cons=ruer the extension; the value and the total right-of-way acquisition needed; whether the landowners have agreed to the County's propesed reco~endatlon; the zoning conditions involved; the proposed VDOT/Ceunty agreement and the three agreements working together; etc. Fir. Daniel inquired as to the proposed fundlng, the tolls, and whet~e~ bond holder approval was necessary. N~. Ramsay indicated that bond holder approval was not necessary. Mr. McCracken stated the current structure for the repayment cf tolls was that YDOT would recoup funds for debt, maintenance, and operation of Powhite, end then at that point the County would hame an opportunity ts receive the repayment oS tolls. timeframe for the repayment of tolls end whether the County should agree tbs project ~e treated wi~h advance tell payments; the Reynolds/County sgreement; and the best manner in which to fund the extension; etc. this eEtenslon; and Coalfield Road Relocated and interohange~; M-~. Daniel requested that the agreement include am item stating that when Coalfield Road was abandoned, the land would construction of the southern lag of Coalfield Read at the same time construction is ~tarted on new Coalfield Road. There was brief discussion regarding the number of landowners the cost of eliminating the tolls On Route 2SS. with staff's proposed recommendation. Mr. Daniel requested that an agenda item be ~repared for the notifioation that the issue would be on the Agenda. mtaff~ with a repr=~entativ~ from the Board, to go buck to VDOT with the proposal. Mr. Daniel inquired i~ there wore assurances from all parties involved that they wa~a in aq~e~ment with the p~oDosal. F~. Ramsay stated there was ess r~ght-cf-way i~ue with on~ ~f =he develeper~ i~volved which was still not resolved. Mr. Damiel sta~ed ha would rather s~a£f resolved that issue before approaching VDOT. Fir. Appleg~te stated he would support adopting the re~olution supporting the ~ro~osed recommendation. ~r. Currin returned to the meeting. Fir. sullivan stated he als0 would support adopting the Mr. Daniel stated he wouSd prefer to adopt the reooluti0n in a 91-504 8/28/91 It was the general consensus of the Board in directing staff t~ continue ~e~otiatio~ ~ith VDOT, the landowners, the developers and others involved and to prapare an agenda item outlining staff's recommendation to be brought back to %he On motion of Mr. Applegate, seconded by ~r. Mayes, th~ Board a~journed at 5:~0 9.m. until seDtember 11, ~991 at 2:0o p.m. vote: Unanimous County Administrator ~hag~.~ an 91-605 S/28/91