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01-02-1992 MinutesMr. Harry ~. Daniel, Chairman F~r. Arthur S. Warren, Vice ~rm. ~. Edward B. Barber ~. J. L. Mc~ale, III ~r. Lane B. Ram~ey County Administrator Stuff in Attendance: Far. Richard Cordle, Mrs, Doris R. DeHart, Asst. CO. Admin.~ Chief Robert L. =anes, Jr., ar. ~omas School D~puty CO. Admin., Dir., G~neral ~. Mary LQ~ Lyle, Dir., Mr. Ro~ L. Deputy Co. Ad,in., Dir., Transportation Mr. Rich=rd M. McElfish, Dir., ~nv. Mr. Steven L. Micas, ~rs. Pauline A. MXtchell, Di~., News & Public Tnfor~tion Service~ Police Degartment Mr. Wi]llam D. Chief, Der. Review, Pla~ing ~r, Richard F. Sale, Deputy Co. Admin., Co~ty bevelopment ~. James J. L. Ste~aier, Dir., Budget & ~. David H. Welchons, ~heriff Clarence ~r. Ramsey called ~he special me~tin~ to order at 2:10 p.m. (~ST) in the Public Meeting Room. 1. INVOCATION ~Lr. Ramaey introduced Reverend Rita Calli~, Pa~to~ of Ben,da H%mdred United Methodist Church, who gave the invocation. 1/2/9Z Mr. Thcmae Fulghum, Superintendent of S=hools, lcd the Pledge of Allegiance to the Flag of the united ste~es of America. 3. O~%C~%NIT~%TION~L 3.A. ~4~CTION OF .C~IAI~_AND ~/C~ ~ ~. Ram~ey ~tated ~e first order of b~ine~ would be the election of chairman. ~. Warren nominated~. Daniel to s~rv~ as Chairman for 1992. There being no furthe~ no~in~tion~, M~. Ram~ey declared the nominations closed. The vo~e on ~r. Daniel's nomination to serve the Board ~or 1992 was unanimous. Mr. Daniel was elected Chairman. Mr. Daniel e~ressed simcere appreciation for ~e honor bestowed upon him and sta~d ha felt th~ Cowry was ~o~unute to have fo~ n~wly cleated official~ on the Board of Su~rs who would brin9 dlver~ity of ~rofessional and clvi~ ~ri~nce to th~ l~ad~r~hip of th~ County, ~e further stated the magnitude of change within the Co~ty would re,ire creative solutions to problems to s~rve the co--on interest the County and the Board would exit every effort to regain the trust of the citizens by ~ruviding a gover~ent open and accessible to the publi~. ~e noted th~ proposed meeting schedule would se~ public hearings and zoning r~t~ during the evening session to encourage participation from the co~uni~ and the Boar~ would b~ readdressing programs within ~he County which were adopted but not funotloning antlcipat~d such ~e $2 landfill fee. He plmdged to fellow Board ~ers and ~e =itizens of the County to operate on dec~on m~inq. ~. ~arber nominated ~. Warren to serve as vic9 Chai~an for nominations closed. ~e vote on Mr. Warren's nomination to ~e~e a~ Vice chairman of ~e Board for 1992 Wa~ unanimous. ~. Warren waz elected Vic~ chai~n. ~. Wa~en expressed appreciation for ~a honor bestowed upon him and stated he looked fo~arO tO working wi~ %~ Board Thee was discussion regardimg amendments to the adoption of r=gardin~ proffers and conditions not being accepted after zoning requests have been advertised and zoninq cases not being considered by the Board cf un~il the organizational meetin~ in Janumry, 1995. After discus=ion, it wa= on motion o~ Mr. McHale, meeonded by Hr. Colbert, resolved tl%e Board adopted the 1992 Adoption o~ Rules of Procedure gowerning Board of supervisors meetings, as amended. (It ie noted a copy of said Rule~ of ~rooe~ure is filed with the Dapsrs of this Board.) vote; Unanimous ~-C- S~ING OF I~-A~U~%R~rING DATES FOR Hr. Daniel pre~ented ~he schedule of regular meeting dates the Board and noted public hearings would be held on the first meeting of the month at ?:00 9.m. and zoning requests would be held on the second meeting of the month at 7:00 p.~. with the only exceptions being in July, August and Desmm~sr when ~nly one meeting i~ ~cheduled. There wam discussion relative to changing the tame of the ~eet~ng~ from 2:00 P.~- ~ntil 3:00 p.m. and changing the date of the meeting ~cheduled for MovambQr ~, 199~ ~ue to ~he Thanksgiving holiday. O~ ~otio~ Of K~. MeHal~, seconded by Hr. Colbert, the Board met their meeting dat~s and times for 1992 as follows with public hearings held the fiTmt meeting of the month at ?:00 ~onth at 7:00 D.m+ with the only exceptions being in JUly, August and December whan only one meeting is scheduled: January 8, 1992 at 3:00 ~.m. Ja~a=y 22, 1992 at 3:00 p.m. February 12, 1992 ut 3:00 p.m. Karch 11, 1992 at 3:00 9.m. ~arch ~5, 1999 at 3:00 p.m. April ~, 199] at 3:00 p.m. April ~, 1992 at 3:00 p.m. May 13; 199~ at 3:80 p.m. ~ay 27, 1992 at 9:00 June 10, 1992 at 3:00 p.m. J~/~e 24, 1992 at 3:00 July 22, 1992 at 3:00 AugUSt 26x 1992 at 3;00 septe~be~ 9, 1992 st 3:00 p.m. Ootobe= 14, 1992 at 3:09 ~.m. October ~8, 199~ at 5:00 p.m. November 12, 1992 at 9:00 p.m. November 24, 1992 at 3:00 December 9~ 1992 a~ 3;00 There was discussion relative to the scheduling of the budget public hearings. On motion of ~r. Barbe~, seoonde~ by Mr. Cotbert, ~he Board set the following special ne~ti~ date~ fo~ 1992: 92-3 February 19, 1992 at 5:00 p.m. - Work session on Budget March 4, 1992 at 5:0~ p.m. - Work Session on Budget March 4, 1992 at 7:oo 9.m. - Publie Hearing for General April 1, 1992 at 7:00 p.m. - Budget Public Hearing April 29, 1992 at ?:O0 p.m. - Me%coca School Board Public Hearing After discussion, on motion of F~. McHale, ~econded by Mr. warrgn, the ~oar~ set tho dates of February 14 - 16, 199~ for a Board work ~e~eion which time and location will he determined by the County Administrator. Vote: Unanimous Hr. Warren requested a location which ~i~ not oust any money be found, if possible. 0n motion of ~, ~=Hal~, Seconded by ~r. Warren, the Board ~uspend~d it~ rul~ to allow ~imultaneou~ nomination/ Vote: Unanimous Mr. Mc/~ala nominated ~r. Philip Cunningham, representing Bermuda Di~trict~ for appointment to the planning Co,mid,ion. Mr. Berber nominated Mr. John Easter, representing Midlothian Di~trict~ for appointment to :he Planning Commission. ~. Colbert nominated Mr. Harry Marsh, representing Ma=coca D~trlct, for appointment to th~ ~la~i~g ~. Wa~en nominated Mr. KUss~ll J. Gulley, representing Clover Hill District, for ~ppoin~=nt to th~ co=issiun. ~r. Daniel nominated ~. Kelly Miller, reDresentln~ Dale District, for =eaDpointment to t~e Planning C~i~ion. o~ ~otio~ of ~. ~arbe~, seCOnded by ~r. Vote: Ununimous On motion of the Board, the following persons were Pla~ing co~i~sion, representing the following districts, and whos~ =~rms are e~fective i~e~iately mhd will expire Decker 31, 199§: Mr. Philllp Cunningham Mr. Russell J. Gulley ~r, Kelly Mille= vote~ ~animou~ DISTRICT Bermuda M~dlothiam Clover Hill Dale 92-4 1/z/92 6. C~%A'i'~PLANI~/NG DIS~%TCT~ION /~r. Daniel nonlnated l~r. Whaley C~lb~rt ~nd ~r. Jack ~ep=esenti~g the Board of Sup~rvixor~, ~o ~e~e on the Crater Plm~ing District Co~issicn. ~. Colbert ~o~i~at~d Hr. Ju~ ~azza~ Jr., as the citizen r~presentative for ~e County at-large, to serve on th~ Crater ~la~ing District co~ission. On me=ion of ~. Darter, ~econded by ~. M~ale~ ~e Board closed the no~inatlons for repre~entat~ve~ ~0 th~ Crater Pla~ing Di~triot Co~ission. vote: Unanimous Mr. Micas advised the Board meeded to set the len~ of and noted the te~ of the Board representatives would be concurrent with %heir tm~ on the Board of Supervisors. Mr. McHale ~tatmd he felt the t~rm for the citizen representative should not %xceed one year a~ th~ Board, if d~sir~d, oould reappoint the oitizen ~or another te~ following yea~. After brief dlscus~ion, ~. Mio~ clarified the ~ard could set the te~ for the olt~zen representative fr~ one to four year~ and the Board repre~entative~ terms would be concurrent with their term on the Board of term concurrent with his term. Mr. McHale stated he was comfortabl~ with the four year te~s repres~ntative~ wo~l~ provid~ an opport~i~y for change an~ revitalize various boards and co~isslons if desired and, ~erefore, reco~ended the ~oard consider term~ for citizen representatives be limited to one year and to readdr~m~ te~s at the ~oar4's organizational m~eting each year. longer terms than one yea~ as th~ representative would need th~ County to benefit from the representat~ve~ input and, Mr- Barber stated he f~lt ~he Cu~ission was germane to the ~ou~ern ~nd of ~e County and suggested an option ooul~ be a two year co~itment ~ach to individuai~ from the Earmu~a ~o benefit f~om tnei~ i~put. perfo~ the duties and accomplish the goals of the appoint Mr. Jo~ Mazza, Jr., reDre~ent~n~ the C0un=y to serve on the Crater Planning DJ=tract Co~ission, ~erm i~ ~ff~otiv~ i~e~ia%~ly and will ~ire Dece~er 31, Ayes: Mr. Daniel, ~. Warren, ~. Barber and Mr. Colbert. year. 92-5 1/~/92 Mr. Colbert and Mr. McHale were appointed by acclamation for a four year term effective immedlat~ly and expiring December 31, Mr. McHale nomisated Dr. Wayne virag as the citize~ representative to the Richmond Regional Planning District Commission. F~r. Warren nominated Mr. George K. Roarty as the citizen representative to the Ric~ond Regional Planning District Co~ission. 0n motion of ~. Colbert, seconded by ~r. Warren, the Board ~lo~ed t~e nominations fo~ t~e oitizen ~ep~esentative to the Richmon~ Reglonal Planning District Co--lesion. ~. M~ale clarified he would like a two year =e~ for his nomination of Dr. Wayne Virag as ~he citizen representative to ~e Richmon~ Regional Planning District M~. Warren clarified he would lik~ a four y~ar te~ for hi~ representative =o the Ri=hmond Regional Blanning District Mr. Daniel called for ~e vote on the motion made by colbert, seconded Dy ~. Wa~en, to close t~e nominations for representatives to %he Richmond Regional Planning Vote: Unanimou~ M~. Daniel called for the vot~ on the appointment fO~ Wayne Vira~ as the oitizen representative ~0 ~he Rio~ond Regional Planning District Cotillion, who~ te~ weald ~ffeotiw¢ i~edia~ely and e~ire De¢~er 31~ 1993. Ayes: Mr. McHale. Nays: ~- Daniel, Mr. Warren, Mr. Barber and Mr. Colbert. ~. Daniel ~alle~ for the vote on the Cppointment for George K. Roa~y a~ the citizen representativ~ to the Richmond Regional Planning District co,lesion, whose ~erm woul4 effective i~ediately and e~i~e Decemb¢~ 31, 1995, Ayes: Mr. Daniel, ~. Warren, Mr. Barb~ ~nd Mr. Colbert. ~stention: Mr. McHale. ~. D=ni=l nominated Mr. Warren, ~. Bar,er, ~. M=Hule and himself to ~ve as ~e Board representatives on the Richmond Rmglcnal Plmnnlnq District Co~ission. On motion of ~. Mc~ale, s~conded by ~. Warren, the Board ~losed the nominations for Board representatives to the aichmond Regional Pla~ing oisurio= co, lesion. vote: Unanimous appointed ~. Karry Daniel, ~. Arth~ Warren, ~. ~dward Bar~r and ~. J. L. M~ale, III to metre as ~e Board representatives on the Ric~ond Reglona5 ~lann~ng co~ission whose te~s are effective i~ediately and will e~ire Dece~er 31~ 199~. Vote: Unanimous 1/2/92 Mr. Daniel noted the Plannlnq Commission representative would be recommended by ~he Planning Commission and would he vots~ on by the Board at a later dat~. 1. C~.P~TALA~F2kTRA~NINGCON$ORTI~ Mr. Daniel note~ a citizen repr~s~ntative to represent the Board could be appointed instead of a Board member to se~e on On motion of ~. Barber~ seconded by ~. War~en, the Board deferred a nomination to ~he Capital ~ea Tralni~g Con~orti~ until January 8, I992. Vote: Unanimous Mr, Bar~r stated he had written a thank you letter to )LT. Stuart Pouliot for his ~ervice to the Ceutra! Virginia Waste Management Authority and requested the Board considering filling the current term. ~fter brief di~Qu~ion, on motion of ~Ir. ~arber, sssonde~ by ~lr. McHale~ the Board deferred nominations to the Central Virginia Waste Management Authority (CVhTIA) until Janua~ 8, ~. Colber~ nomi~ate~ Mr. uly~e~ ~=pr=senting Mutouca District, to H~iqht~ Co~uni~ Corrections Board. ~. McHale nominmt~d ~m. D~tores Jackson, representing Bermuda District, to the Che~t~rfield/COlonlal Heights Cu~:nlty Corrections Board. On motion of Mr. Daniel~ ~conded by Mr. Warren, t~e BOard mlmultaneouml~ nominated/appointed Mr. Ulysses S. Billips, Jr., representing Matoaca District, and M~. D~lo~e~ Jackson, representing D~u~ District, to me~e on the che~terfield/colonial Height~ Co--unity Corrections Board whose te~s are eff,ct~ve i~$dlately and will e~ire Dece~er ~1, 1993 and, further, the Boa~d deferred nominatioB of an alternate until January ~, }Jr. Colbert nominated Ms. Cindy Shoemaker and ~. ~u~ar~ne R. Bush, ~epre~en%ing Matoaoa District, to serve on ~he Committee on the Future. l~t. Daniel nominated Mr. $oseph L. Biggs and Ms. Nancy Hudson, representing Dale Distrlct~ to serve on the Committee on t~e Future. F~r. Mc~ale nominated Ms. Dorothy ~acksl and Dr. Wayne virag, representing Bermuda District, to ~erve on the Committee On the Future. ~r. Warren and~r. Barber requested Clever Hill an~ Midlothian nominations to the Com~ittee on the Future be deferred. On metio~ of Mr. Daniel, seconded by Mr. Warren, th~ Board simultaneously noninated/appointed the following persons t0 serve on the Comuaittee on the Future, whose ter~s are effective immediately =nd are at the pluu~ur= of the Board~ F~. Cindy Sh0omaker Ms. Suznnne R. Bush Mr. Joseph L. Biggs HS. ~anoy Hudson Ms. Dorothy Jackel Dr. Wayne virag Mutoaua Dale Dale Bermuda Bermuda /end, further, =he Board deferred nominatien~ for Clover Bill and ~idlothian Districts to the Committee on the Future unti~ January s, 1992. Vote: Unanimous ~r. Warren deferred nominations for Clover ~ill District to the Community Services Boar~. Hr. MoHale nomlnate~ Dr. Myrna Copelan~, reDreeentlng Bermuda On motion of ~4r. Daniel, seconded by Mr- Colbert, the Board simultaneously nominated/appointed Mrs. Mary Carreras, representing ~i~Iethian District, and Dr. Myrna Copaland, representing Bermuda District, to serve on the Community Services Beard, whose terms are effective immediately and will And~ further~ the Board deferred nominations for Clover Hill District to the Community S~rvices Beard until January S, 1992. Vote: Ununimous 7. JOH~T%q~CO~MUNITYCOL~G~LOCALBOAP~D Mr. Daniel nominated ~. Jack Howe to serve on the John Tyler Co--unity College Local Board. On motion of ~. Daniel, seconded by ~. Co,bert, the Board simultaneously nominated/reappointed ~. Jack ~ow~ to ~erve ~n ~ffective i~edlateay and will explra Deco,er 31, 1995. Vote: Unanimous ~4r. Daniel instructed the County A~lministrator to poll the members of the Local Emergenay Planning Committee to d~termine which members would like to continue to serve on the Committee. 92-S 1/2/92 participate on the Maym0nt Foundation instead of a Board F~r. ~icas advised th~ ~aymon~ Foundation required a Board representative. On motio~ of Mr. MoHale, seconded by Mr. Warren, the Board Maymont Foundation instead of a Board member. Vote: Unanimous On motion of ~. ~cKale, meconde~ by ~r. Warren, the Board F~. McHale noninat~d N~. Herb Sink to =erv~ O~ the ~tropolitan Economic Development Council. ~. Daniel ~tat~d h~ would lik~ to re~resent the Metropolitan Economic Development Council as the Board representative. On motion of ~. ~c~ale, seconded by Mr. Wa~en, the Board mimultaneoumly nom~nated/reappointed Mr. Herb si~, citizen representative, and replaced the incumbent by ~imultaneous nomination/appointment of ~. Harry Daniel, Board representative, to $erv~ on the Me~opoli~an Economic Develo~ent Co~c~l Board of Directors, whose te~ are effective ~ediately an~ will ~ire Dece~= 30, 1992. On motion of Mr. Barber, seconded by Mr. WarreN, the Hoard de~errsd nominations to the Personnel Appeals Board until January 8, 1992. Vote: Unanimous 1~ lq.ICH~OND~n~£KOPOLITANPLANNIN~ OR~%NI~ATION On mo=ion of Mr. Danf~l, ~onded by Mr. Barbe~, the Boa~d simultaneously nomlnatedJappolnt~d ~. Harry Daniel, ~. Arthur Warren, Mr. ~ward Bar~ and Mr. John McC=ack=n u~ repr~entativ~ ~o the Richmond Metropolitan ~lanning Organization~ whose te~s a~c effective i~ediat~ly and will Vote: Unanimous l~. SOC~L_~ER~/ICES BO~RD On motion of Mr. Daniel, ~ec0~ded by Mr. Warren, the Board ~imulta~eou~ly ~o~in~t~d/appointed Mr. J. L. Mo~ale, III to ~erve on th~ ~ocia~ Se~vic~ Board until December 3~, 199~. Mr+ Daniel nominated Mr. Arthur Warren an~ Mr+ Wnaley Colbert as Board repre~entat{ve~ and Mr. Ray Cash and Mr. John Vogt, representing Dale District to the Solid Waste Committee. Mr. Col~rt n~n~ted ~. Ralph Rowle%te and ~. William Pa~ish, representln~ Matoaca Dis~ict, to the Solid Waste Conferee. ~. M~ale nominated ~. Eorace Sims and ~. Carl Eayes, r~pre~tin~ Bermuda Di~trict~ to the Solid Waste C0~itt~a. M~, Wa~e~ Stated if the Committee did n~t requi~¢ a Boa~d m~, he would relinquish ~is po~ition to a ~itizen representative or to another Board ne~r. ~. Colbert n~inated ~. Ja~ Horner as a citizen Waste Co~ittee. 0n motion of Mr. M~Hmle, seconded by ~. Warren, the Bo~rd simultaneously n~inated/appointe~ Mr. Whaley Colbert, Board representative, to the Solid Wast~ Co~ittee and, further, the Board simultaneously nonina=ed/appointed the following De, sons to serve on the Solid Waste Comities, whose te~s are effective i~ediately and will e~irs DecaYer 31, 1992: WAM~ ],'~, Ray Cash Mr. John Vo9% F~. Ralph Rowlette Mr. william Parri~h M~. Jac~ HOrn~r ~. Curle~ Hay~m ~d, further~ ~e Board deferred nominations ~d Hidlo~ian Districts to the solid Was=e January a, ~99~. DI~rK[CT Dale Dale Matoaca citizen At-large Bermuda Bermuda Committee until 17- TRANSPORTATION Mr. Daniel stated a citimen could represent the Board and requested the County Administrator to obtain or develop an agenda for the Transportation Safety Committee. On motion of M~. Barber, SeConded by Mr. McHale, the Board d~ferred nominations to the Transportation Safety Committee ~ntil January 8~ 199~. Vote: Unanimous 1~. "~'~'-~I'I'YI~TROPOLITANI:~LA~ING ORGANIZATION On motion of M~. Daniel, seconded by Mr. Warren~ the Board ~inulteneously nomlnated/appo~nted ~r. Whaley ColDert to the Tri-c~ty Metropolitan Planning Organizatlon~ who~e term effective immediately and will e~pire Deoe~b~r $t, Vote: 92-10 interest in serving on the various eommitteee for the Virginia Mralicipal L~ague and instructe~ staff to consider the interest forms r~ooived by the Boa~d members fromVACO. Mr. Micas clarified nomi~atie~ to the~e committees we~ld be to replace the exiting me~bere. 1. ACCID]~TR~VIE~BOAI~D M~. Daniel instructed the County Administrator to poll and recommend ~¢~er$ £or the Aosldent Review Board to the Board for appointment. 2. AIRPORT ADVISORY~OARD Mr. McHale nominated ~. Richard M. King, representing Be~uda District, to the Ai~ort Advi~o~ Board. ~. Warren nomlnated~. Roger B~rn~, re~resentinq Clover Hill District, to t~e Airport Advi~o~ Board. ~. Colbert nominated ~. Vinnie Thomas~ representing ~toaca ~i~trict, to the Aizport Adviso~ ~oard. ~. Daniel n~minat~d ~r. ~elvln C. Sheller, r~pr~sentin~ Dale District, to the Airport Advisory Board. On motion of ~. Colbert, seconded by Kr. McHale, th~ Board re~lace~ th~ incumbent m~b~r~ by simultaneously nominating/~ppointlng the following per~on$ to serve un the Airport Advi$o~ Board, whos~ ter~ are effective i~edlately and will e~ire February 14, 19~2: DI~lr~ICT Mr. Richard M. King ~ermuda Roger Burns ClOver Hill Samuel B. Thom~s Matoaea And, further, the Board retained Mr. Melvin shaffe~, representing Dele District, and appointe4 Mr, John Lillard, Airport ~anagsr to the Airport Advimory Beard as ~teff~m representative, and deferred nomination~ for ~idlothian District until January ~, 19~2. vote: Unanimous 3. A~POMA~'I~X BASIN I.NDUST]tI~ On motion of Mr. Daniel, Corporation, whose terms are effective i~ediat~ly and will Vote: Unanimous 92-11 1/2/92 ~. BO~OF~i~ALS....FO~_~XRGINIAUNIFO~$TAT~WID~ BUTLDING On motion of ~. Daniel, seconde~ by Mr. ~ale, the Board instructed ~he Cowry A~ini~trator to poll the member~ of ~he Board of Appeal~ for Virginia Unifo~ ~tatewlde Building Code as to their desire to continue to serve and deferred consideration of appointments until that time. 6. CAPITAL~EGIONAIRPURT~O~I~BION On ~otion of ~. MoHate, ~econd~d by ~. C~lb~rt, the Board Ai~o~t Co~ission. Vote: Unanimous On motion of Mr. Daniel, seconded by Mr. Colbert, the Board ~imultaneously n~inated/aDDointed Mr. Melvin shaffer aa ~e citlz~n repre~entatlve, ~. Harry Danlel, ~. ~%hur Warren the Capitel Region Airport Co~i~ion, who~e te~ are effective i~edla~ely and will expire April 30, 1992. Vote: Unan~ou~ 7. ~wC~STEP~I~nCLEAN t~UP~ORAT~_.ON. F~U. M=Hal~ nomlna~ed ~. ~ F~ce, representln~ Di~t~ict, to ~e Keep Chesterfield Clean ~. Daniel n~inated Ns. Alma Smith, representing Dale District, to th~ Keep chesterfield Clean Corporation. On motion o~ ~. Daniel, sacon~md by ~r. slmuttaneously n~inated/appointed/reappointed ~e following per~on~ =o serve on ~e Keep Ch~terfi~l~ Clean Corporat{on, whose terms are effective January 30, 1~ and wilt expire January 30, 1993: NAME DISTRICT Mr. F~ Face Bermuda Ms. Alma Smith Dale And, further, the Duard deferrs~ nominations for clover ~i11, Matoaca and Midlothian Dis~ict~ until January 8, 1992. Board at this time. He noted the appointments would brought back to ~he Board in June. on mo=ion of M~. Daniel, seconded by Mr. McHale, the Board simultaneously nominated/re~ppoi~t~ F~. Appomattox River Water Authority whose term will e~plre November ~i~ V6t~: Unanimous 92-~2 ~. Daniel instructed the County Administrator to report to the Board, at the appropriat~ tlm~, on ~e ~entral virginia Waste ~nag~ment Au~ority. ~en asked, ~. Mica~ ~tated co~ittee~ who~ te~ hav~ no~ ~ired, as w~!l ~ co~ittees who serve at the plea~ of ~e Board~ ~ould be brought fo~ard at any time for r=~l~cement of ~ose me.ers currently serving. ){r. Warren ~tated prior tO the new Board taking o£fice, concerns had been expressed and addressed regarding damaged £oundations to homes within County and requested a commission be created to address d~fining the problems regarding shrink/swell soils including, but not llmi=ed to, t/~e building inspection aspect, the management responsibilities and to generally investigate damage to homes and seek preventive measures through stricter building requirement= and developing solutions to assist homeowners with their individual problems. He stated he felt the CO~hiSsion should be a~ independent group who would report to the Board on its flnd~ngs over a period of time. He recommended th~ com~i~$ion be comprised of at least one representative from each d~tr~ct and recommended ~r. Bob Olean and Mr. Rick Ph~lp~ be ma~e a part of the commission as well as additional members from the business and housing communities and other aspects cf the community to obtain the be~t possible recommendations f~em the commission, ]{r. MoHale stated the issue Of shrink/swell soils had been addressed by the new ~oard prior to ta~ing office and he also supported the creatio~ of the commission. Hs further stated he felt the commission should consist o£ a panel of c~tizens affected by this ~ss~e a~ well as from the business community snob as real e~tate, banking and legal reprasentative~ and should be char~d with recommending solutions ts the problem. Mr. Barber stated he concurred with the creation of the commission and also £elt it was the Board's responsibility to address the problem adequately a= the new Board had firmly committed to the cit~zen~ to address and seek solutions to the problem. HS further stated he felt the commission should act independently but report to the Board on a regular basis and should be charged with not only re¢o~u~en~ing solutions hut felt the commission should ~eveloR a program on how it would ~unctlon with the Bcard'~ approval and should be comD~ised of at least one repreeentstlve from cash district. He e~l~e~sed Mr. hasle1 clarlfisd Nr. Bob 01sen would represent Midlothian District, Mr. Rick Phelps would repre$~n~ clover ~ill Dis=rio= noted Dale and Bermuda Distriot~ would submit representatives ~e stated th~ purpose of the commission would be ts shrink/swell soils within the County and requested the commission also include rsccmmendations for legislation which may by required at both state and local level. On motion of ~L~. Warren, seconded by Ff~. Colbert, the Board established a eemmiesien whese purpose would be to investigate and recommend solutions to the problem of shrink/swell soils within the County und would include, but nut be limited to, race,men,arlene for legislation which may by required at both State and local level. Mr. Barber expressed concerns as to legislation being addressed possibly excluding other options and rec~]ested the con,mission be instructed to eubmit to the Board, the direction in which they would proceed with no limite at thie point in time and the Board would a~drsse at that time, the Mr. Daniel called for the vote on the motion made by Mr. Warren, ~e¢onded by Mr. colbert, %0 establish a commi~sie~ whose purpose would be to investigate and recommend selutien~ to the problem e£ shrink/swell soils within the County and would include, but not be limited to, recommendations for legislation which may by r~0faired at be~h state and local level. Mr. Daniel, as Chalrnan, appointed Mr. MoEale and Mr. Warren to the ~ch0ol Board Liaison C0~mittee; Mr. Barber an~ Mr. Colbert to the Benefits Committee; Mr. Barber and Mr. Colbert te the Spac~ N~ds Commi~e; an~ F~r. ~cHale and himself to the Budget and Audit Committee. 4. DEFERRED IT~S ~e~iram~n% of non-profit organlza~ions obtaining 50~(C) 3 IRS tax exemptions. On motion of ~. ~arber, ~econ~d by ~. M~ale, ~e Board deferred consideration of a bingo/raffle pe~it for Poseidon ~en asked, ~. ~ica~ advised the ~equest could ~ deferred ~atil ~ r~larly s~duled me~ting on Uanuary 8, I992. ~. Barber amended hi~ motion, seconde~ by Mr. McHal~, t~ defer consideration of a bingo/~affl~ pe~it f0~ P~eid0n ~w~ing, Inc. for calendar year t99z until January s, 1992. Vote: ~nanim0us the ~equir~ent of ~o~-profit Organizations obtaining 501(C)3 I~ tax ex~ptions in their proposed legislative packa~m when addressed late~ im the afternoon. On motion uf Mr. Barber, seconded by Mr. Colbert, the Board suspended its rules to amend the agenda to add to exi~tlng Item 5., enothe~ E~aeutive Session Pureuant to section 2.1-344(s)(?), Code of Virginia, 19~0, a~ A~en~ed, for coneultation with Legal Ceuns~l Relating to Legal Challenges to Certain Pre-~xlstlng Zoning. Vulcan ~aterial~ Company v. ~eard o~ supervisors, et. al. and Elliot v. Board of Supe~visors. 92-1~ 1/2/92 2.1-344(e)(7), Code of Virginia, ~950, a~ amended, for consultation with legal counsel relating to legal challenge~ to certain Dre-existing zoning. Yulcaa ~aterials Company v. Supervi~or~. Vote: Unanimous Reoonvening: On motion of Mr. McHale, seconded by Mr. Colbert, the Board adopted the following resolution: WI{~REA$, the ~oard of Supervisors has this day adjourned into Executive Sec~iO~ in accordance with a fO~l~al Vote Of the Board, and in accordance with the provisions of the virginia Freedom of Information Act; and W~EREAS, the Virginia Freedom of Information Act effective July 1, 1989, provide~ for certification that ~uch Executive Session wac ¢0nd~eted in conformity with law. NOW, T~R~FOR~ D~ IT RE$OL%~ED, that t-he ~oard of County menguer'e knowledge, i) only p~blie b~sine~s matters ~em~ted from e~on meetin~ requirements u~der the Freedom of Information Act were discussed in the Executive $~sion which this certification applie~, and ii) only such public business matters as were identified in the Motion by which the =xecutive Session was convened were heard, discussed or Considered by the Board. No member dis~ents from this certification. The Board being polled, the vo%~ was a~ follows: Mr. MeHale: Aye. Mr. Barbe~: Aye. ~r. Colbert: Aye. ~r. Daniel: Aye. The Board rec~sme~ tO Room ~2 of the Administration ~ui~ding ~c hold a work eesnlon On ~he legislative pr0g~a~ with the County's Legielative Delegatlon. SESSION ON LEf~IBLATI%IE PR0f~RAN M~mber~ Of the Chesterfield County Legislative Delegatlon, Senator Robert Russell; senator Joseph Benede~ti; Senator Ren~y .Ha~sh; Delegate ~irkland Cox; Delegate Stephen ~artin; Delegate Uuhn Wet,ins; Delegate Jay DoBoer; and Delegate Riley Ingram, discussed in detail with the Boar~, ~he proposed Legislative ~rogram ~or 1992. After a lengthy diso~s$ion~ deletione, additions and changes were made to the propom~d Legislative Program. 92-15 1/Z/92 The Board reees$ed at 6:%5 p.m. for dinner with L~gisletorm in Room 202 of the Administration Building. the Mr. Daniel recognized Senator Henry Harsh, Senator Joseph Benedetti and Delegate John Watkins, who were pressnt at the meeting. 8.A. TO CO~SID~R -~/ND~TS TO 'ISiE COUNTY A~EHi~.L, C OI,~ROLWARDENBY Tn~i~IEFOP~OLICE I~r. N~ca~ mtat~d thi~ da%~ an~ tln~ had b~n advertised for a providing for =he ~ointmunt of ~ County~ ~im=l Control advertised and could m~e amendments to these ~. Daniel stated the Board would consider the appoin~ent of the County's ~i~l Control Warden by ~e Chief of Polic~ ~. Mica~ ~tated current State law ~e~i~ed the Animal Control War~en and deputies to be appointed ~ the Board Supervi~or~. ~e no%ed thi~ proce~ Wa~ inconsistent with the Ceunty's pers~nnml symt~ ~n which th~ ~f of Pol~c~ responsible for the adminlstratlon and managem~t of the ~imal Con%tel fu~otion~ ~n~, th~r~f0re, th~ a~e~d~t properly place the appoln~ent and removal process w~thln the Polio~ T~ere was no one present to ad. ess this issue. TO peri= th~ Co~ty'~ Animal Co~rol War~n a~d t0 be appointed by ~e Chief of P~lice rather ~an by BO~O of Supervisors. Vu~e: Unanimou~ of t~act fees on new residential develo~nt. ~r. Nicas ~tated re=id~ntlaI qrowth withi~ ~e Co~ty had d~te~in~d to crea~e a need for oapital facilities which not mmtbyth~ revenu$ r~c~iv~ from each dwelling unit and order to recover a Dortlon of the cost of capital facilities years sought authority to i~ose an impact f~e on each new r~ide~tial ~nit built within th~ County. 1/2/92 ~. ~eer~e Beadles stated h~ felt it was difficult to dstermine the impaot from res~dmnces and suggested a flat percentage on real estate transactions within ~ County Mr. Philip Kalsey ststed he was opposed to impact fees as he felt if the County had better management practices over the fees; that the County's tax rate had bee~ reduced and assessments had declined resulting in the 10ss of tax revenues; that although the population cf tl%e County had inoreased~ County staff had i~oreased excessively; that some lots already, zoned were eot builda~le and did not require mervioes bRt wo~ld be char~ed as such; that the County has spent more tha~ Fair~a~ ~o~n~y to build new schools and trailers are still being used; that it was not the fault Of the h~me ~uilders and they should not pay the penalty by being assessed impact fees~ etc. There being no one el~e to addres~ this issue, the public hearing was closed. Mr. McHale stated he felt d~velop~e~t ~eeded to pay for itself and an opportunity for impact fees would help rectify the Mr. Barber concurred with Mr. Nc~ale and stated he f~lt i~pact fees was a part Of the solution fur the growth problems w~th~n the County. Mr. Daniel stated he felt impact fee~ was an opportunity %c ad~ress a unique problem in the County and instructed the County Administrator to prepare for the Board a renpc~se to ~hs concerns expresse~ by Mr. ~al~ey. He no,ed at the next In£raatructure Committee would be presenting options to the Board on ways to meet the demands for funding incl~ding privati~ation of government operations as well as a transfer On notion of ~r. ~arber, ~eoonded by Mr. Warren, the Boar4 Section 7.6. Residential impact fee~. develoDer~ relating to residential development. The board of supervisors may establish different amounts per square footage for separate dwelling-unit categories. Al! impact fees pa~d to the county mhall ~e used to finance such o~pital facilities as are needed to acco~umodate papulat~on ~rswth. 8.B. TO,ON,IDeA TAX Kk~TION~,EO~.~T OF~...~..~0~E$ OF Mr. Micas stated ~is ~ate and ~ime ~a~ D~en adve~ised for a ~ublic ~ea~i~g t0 Consider a tax ~x~pticn request by Gateway noted ~ateway ~om~ and Gateway Fa~ collectively applied to 92-17 ,nd reviewed the property and facility owned by the organlza%~ons. He further noted loss of tax revenue would be approximately $4,915. Mr. ~eorge Beadles stated he felt the request for tax relief should be denied and the line drawn on requests for tax relief in general, etc. MT. Robert $iler~ member of the Board of Directors for Gateway Homes e£ Greater Richmond, Inc., stated they provide housing and ~upportive services for the mentally ill; that there was need for this ty~e of housing withi~ the community; that they provide twenty-four hour a day supervision and work closely with the Cou~ty~ Rental Health Department and chester who provide case nanags~ent services to their residents; that they are located on thirty acres at the intersection of River a~d Reedy Branch Roads; that they serve fifteen residents and the facility had besn built with HI/D fun~ing; that they are tax exempt %Lnder federal law and requested the Hoard to give favorable consideration to ~hs request. on motion of Hr. colbert, seconded by MT. Barber, the Board adopted the follswlng resolutions: AT A REGULAR~E~TIN~ O~ TaE EOA~D OE SUPERVISORS OF CBEETRRFIRLB COUNTY, VIRGINIA, HELD IN T~E PUBLIC MEETING ROOK, CHESTERFIELD, VIRGINIA ON JANUARY 2, t992 REBOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF GATEWAY HOKES OF GREAT~RRICHKO~D, INC. A~ EXEMPT FROM TAXATION BY THE GENERAL ASS~MBLY OF VIRGINIA W~EREA$, Gateway Moues of ~reater Ri~hnond, Inc. ("Gateway Hem~s") operate Gateway Farm and are a non-profit organization organized solely to build and operate housing and supportive services ~or the lung-term mentally ill; WHEREA$~ Gateway ~omes o%n~ personal property located the Matoaca District of Chest~rfleld County; and WHEREAS, The real and per~onal property u~ed for e~aritable and benevolent purposes by a qualifying organization shall be exempt from taxation as authorized by Article X~ Section 6(a) (6) o~ the con~titutio~ of upon action by thc General As~e~mbly of virginia and se long as such organlzat~on ia operated not for profit and the $0 exempt i~ used in accordance with the purpose for which the organization is classifie~; and WHEREAS, The Board of Supervisors of C~e~t~rfi~ld County, Virginia, has considered the fellowing faotor~ before the adoption of this ~esolution in ~pport of the tax exempt status of Gateway Homes as follows: 1. Gateway HOmes is exempt from federal income taxation p~rsu~nt to Section B01(c) of the Internal Revenue Cede of 2. No current annual aluoholic beverage license for ~¢r~ing alcoholic beverages has been issued by the Virginia A~coholic ~evarage Control Board to Gateway Moues for use on the organization's property. 3. NO director of Gateway No~e~ in paid ~y compensation for service in such position w~th the organization. NO officers of Gateway ~cmes are pai~ any compensation by Gateway ~snes. 1/2/ps 4. NO part of the net earnings of G&%eway ~omes to the hsncfi~ of any individual. A slgnifioant portion of received from donations and contributions. 5. Gatewoy~ Homes provides matrices for the: common good of the public. 6. No part of the activitie~ of Gateway Homes involves carrying on propaganda er otherwise attempting to influence legislation. Gateway Homes does not participate in~ or intervene ih, any political campaign on behalf of any candidate for public office. 7. Go%sway Homs~ ha~ no rule, regulation, policy or practice which discriminates on the ba~i~ of religiom~ con¥1ctlon~ race, color, ~ex or notional origin. NOW, THEREFORE BE IT RESOLVED, by the Board of ~upervi~er~ of Chesterfield County as follows: 1. That this ~oard =upports the req~sst of Gatewoy Homes of Greater Richmond, I~c. for exemption fro~ taxation of its reel and personal property pursuant to Article X, section 6(a)(6) Of tRe Constitution of Virginia end the p~Ovi~ionm of Chapter ~6 of Title ~8.1 of the Code of virginia, 1950, as a~en~ed, and that such e~ptisn should be categorized choritable and benevul~nh. 2~ That the County A~inistrator t~ directed forward a certified copy of ~is re~olution to th~ me~er~ with the re,est that ~e proper legislation be ~n~od~o~d 3. The effective date of this re~ol~tiun shall January 2, I992. AT A R~CUIOtR MEETING OF THE BOA~D OF SUPF-%VISOR$ OF CHESTERFIELD COUNTY~ VIRGINIA, ~LD IN THZ ~BLIC ~ETI~G ROOM, CHESTeRFIeLD, VIRGINIA ON J~U~Y 2, 199] RESOLUTION SUPPORTING THE DESIGNATION OF PROP~TY OF GATEWAY F~S, INC. OF GReATeR RI~OMD, INC. AS EX,PT FROM TA~TION BY ~E GENE~L ASSE~LY OF VIRGINIA ~ER~S, Getaway Fa~m, Inc. of Greater Ri=~ond, Inc. ("Gateway Farms, inc."~ operate Gateway Fa~ and are a ~ER~AS, Gateway Fa~, Ino. O~ personal prop~ty loaat~d i~ ~he Mac0aoa District of Chesterfield County; and ~EREAS~ ~ real and personal p~o~erty used exclusively ~or ¢haritabl= and b~nevolen~ p~poses by a ~aiify~ng organization mhall be exempt from taxation as authorized by ~tlclm X, Section 6(a)(6) of the constitut~on of Virginia, upon action by ~e General Assembly of Virginia and ~o !ODg aS such organization is operated n0~ ~or profi~ and ~e prepay ~o exempt i~ u~ed in aCCordance w~ the purpose for which ~e organization i~ classified; and Virginia, ha~ ~on~ider~ th~ following factors befor~ ~e ado~Sion of thi~ r~oluticn in support of th~ tax exempt status of Gateway Farms, Inc. as follows: pursuant to Section 501(c) of the Internal Revenue cede of ~. No current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to Gateway Farms, Ina. for use on the organization's property. 3. No director of Gateway Far~s, Inc. is paid any compensation for ~ervice in such position with the organization. No officers of G~eway Farms, Inc. are paid any inures to the benefit of any individual. A ~ignlficant portion ef the services provided by Gateway Farms, Inc. is generated by funds received from donation~ and contributions, 5. Gateway Farms, Inc. provides services for the common good of the public. 6. No part of the activities of Gateway Farms, Inc. involves carryin~ on Drepaganda er otherwise attemptin~ to influence legislation. Gateway Parms~ Inc. does not participate in, or inter~sna in, any political eampa~qn on behalf of any candidate for public office. 7. Gateway Farms, Inc. has ne rule, regulation, policy Or practice which di~criminate~ on the ba~i~ of conviction, race, color, sex or national origin. NOW, THERefORE BE IT ~%ESOLVED, by the Board of Supervisors of Chesterfield County a~ follow~: 1. That thi~ Board supports the ~eq~est cf Gateway Farms, inc. cf Greater Richmond, Inc. for exemption from taxation of its real and personal property pursuant to Article X, Section 6(a)(6) o~ the Constitution u£ Virginia and the provisions of chapter 36 of Title 58.1 of the Cede of Virginia, 1950, as amended, an~ that auc~h exemption ~hould categorized as charitable and benevolent. ~. That the County ~dministrator is directed to forward a certified'copy of thi~ re~olnt~en to o~ t~ General Assembly representing the County of Chamterfield with the request that the proper legislatio~ he introduced in the General Assembly tc achieve the purposes of this resolution. 3. The effective date of this resolution mhall January 2, 199~. Vote; Unanimous 9. ADO~ON O~_1992 .LEGISLATI¥= FROGRAM O~ ~otio~ of Mr. McHalet seconded by Nr. Colbert, the Board adopted the 1992 L~gislative Program, a= amended. (It ie ~oted ~ copy of the ~rogram is filed with the papers of this Beard.) 92-20 1/2/92 ~o. On motion of Mr. McHnle, ~conded by ~. ~arb~r, ~h~ ~oa~d adJ0t0~ned at 7:50 p.m. until January 8, 1992 at 3:00 Vote: u~nimou~ Karry G. Dan±el Chairman 92-21