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12-09-1992 Minutes~OARD OF /~UPBRVT~0R~ }ir. Ratty G. Daniel, Chairman Mr. A~thur S. Warren, Vice Chrm. Mr. ~4ward B. Barber Mr. Whaley ~. Colbert Mr, J, L. McBale, III Mr, Lane B. Ramsey County Administrator Mc. Barbara ~annett, Dir., Off/ce OX Youth Ms. Marilyn E. Cole, Exec. A2~t. to Co. Admln[ Mrs. Doris R. DeHart A~t. Co. Ad~i~., Legis. Sve~. and Intergovern. Affairs Mr. William D. Dupler, Building Official Chief Robert L. Eane~, Fire Department Mr. Michael Golden~ Acting Mr. Bradford S. H~umer, Deputy Co. Mr. William H. Howell, Dir., General Services M-r. Themae E. Jacobaon, Di~., Planning Mr. Louis Laesit~r, Dir., Internal Audit MS. Mary Leu Lyle, Dir., Accounting Mr. Rober~ L. Masden, Deputy Co. Admin., Human Services Mr. Jacob W. Mast, Ur., Dir., Nursing Mr. R. Joh~ McCracksn, Dir., Transportation ~r. Richard M. HcEl£ish, ~r. Steven L. Kicas, County Attorney Mrs. Paulin~ A. Mit6hell, Dir., New~ & Public In£0rma~ion se~vicee Ms. Theresa M. Pitts,. Clerk %~ the Board Mr. James J. L. Dir., Budget & Management Mr. M. D. Rtith, Deputy Co. Admix., Community DevelcDment Mr. David H. Welchons, Dir., utilities Mr. Frederick Willis, Jr., Dir., Huhan Resource Hgt. Mr. Daniel called the regularly ~eheduled meeting to o~der at ~:00 p.m. (~ST). 92-969 12/9/92 Vote: Unanimous Mr. Ramsey introduced Ms. Mary Leu Lyle, Director of unqualified opinion indicating the Connty'~ financial statements are presented fairly in accordance with generally accepted accounting principles. She further ~tmted there were ~ssitive results ~cr ~he General Fund for 1992, rsviewe~ the increase in the undesignated fund balance and noted there were four bond issue~ this year -- one rela=ing to the 1988 of $4.6 million. Lybrand for their efforts in preparing the audit. When asked~ M~. Lyle ~tated the projeet~ ~noluded ~n the 1988 Bond Referendum were currently ~ein~ completed. 3, BOA~D COI'~ITTEE RBPORT~ M~. Daniel ~tated this wo~ld be hi~ l~t me,ting as Chairman of the Board ef Supervisors and expresss~ appreciation ts his fellow Board members for their support throughout the year in addressing the issues presented. 5e further stated he felt the County has made tremendous progress and he would support Mr. Warren for the chairmanship for 1993. ~e ex, reseed appreciation to the County Administrator for his job performance during th~ Da~t year and presen=ed him wi~h a Christmas gift from the Board. Mr. Ram~ey ~xpressed appreciation to the Board for their suppo~ d~ng the year and for Als Christmas gift. MT. Barber e~ressed appr~ciation to ~taff fo~ att~ndinq h~ "First Monday" constituent~ meeting in which the tobit di~cu~sion had been solid waste i~ue~ and noted he interest/no collateral t~es of loans fo~ n~e i~p~ovema~ts to Mr. Warren ~tate~ he ha~ =he oppor=uni=y ~o meek wi~ a cub scou~ troop from ~e Brandermill area and had met with ru~i~nt~ of ~rovi~ence CreW, Brandon and sola~ II 4, REOUESTS TO ~O~T~0~AC~ION, ~ERGENCY ADDITIONS OR moved Item 14.A., Resolution Recognizing ~. Na~an W. Building Inspection Dependent to i~ediately follow this it~; r~plao~d ~em ~.D.11., Award uf contract to s. Rock/Estubrook Corporation for Lighting of Base~ll/Softball Fields a~ ~anche~ter High sohool; replaced Item Re~e~ts fo~ Bingo/Raffle Pe~its; and replaced Ttem, 9~-970 12/9/92 Request Permission for Board of Bupervisors to be the Applicant £or a Rezoni~g Request for In~tallatlon s~ the swi£~ Creek Tributary M0~it0ring Statio~s and, adopted the agenda, as amended. Vote: Unanimous 1~ R~O~LT~MR. NAT~NN. B~T~E~. BUILDIN~ IN~P~ION ~. ~pl~ intr~uced ~. Na~a~ W. Butler and stated Butler has provided approximately ~irty-one year~ service to t~e Co~ty. ~E~s, ~. Nathan W. Butler has provided ~i~ty-one years of ~=llty ~ervice to the citizens of Chesterfield Cowry; and ~E~S, the ~esterfield Co~ty Board of Supe~isors and ~ervic~; and ~E~S, Mr. Butl~ wa~ employed as ~ Electrical Inspector in HorrOr, 196t =nd through his willin~es~ accept new responsibilities and his ability to work with and supervise mtmff~ he ha~ been the Chief Electrical Inspector and Senior Elec~ical ~lan R~view ~ngi~er; ~$, t~o~gh his many ~ear~ as an inst~ctor Advanced Eleotrloal Theory and The Nati0~al Electrical Code th~ El~=trical Apprenticeship Pr~ram at Ric~on~ T~uhnical Center, h~ i~ affeotionatel~ kno~ us fu~er to many ~S, Mr. ~utler ha~ a~tively ~erve4 on professional co~ittee~ i~cluding the virginia Building and Code 0ffi=ial~ Region 6 Electrical C~u co~itt~m; Inter~tional Association of Electrical Inspectors-South~n Section, Code ~anel No. 2 Advisory Co~ittee; and Resolution~ Co~itt~ of the Virginia Chapter Of ~E~, ~. Butler has ~ersonally sought to ke~p electrical contracting and design industry info--md of changes s=minur~ for the industry; and ~ERE~, ~. Butler responded to after b~si~e~s emergency calls from %he Polic~ and Fi~e Departm~nt~ compen~ation for several year~. NOW, TH~EPORE BE IT RESOLED, that the Chesterfield Co~ty Board o~ Supe~isor~ publicly reco~izes ~. Nat~n W. Butler and extends on behalf of its m~ers and ~e citizen~ of Chesterfield County their appreciation fo~ ~is sm~i=e to ~D, DE IT ~THER ~SO~V~, that a cody of resolution be presented to ~. Butler and that this be pendently recorded ~ong the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unan~mou~ ~. ~utl~, ~a~ed him for hi~ dedicated s~ice to the 92-971 12/9/92 county and wished him well in his retirement. $, WORK ~E~BIONB 5.A. N~RBIN~ NOME TRANSITION CONMITTEE REPORT Hr. ~a~den ~tated the Boa~d previously authorized ~taff to proceed on the design of the new Nursing Nome in an effort to meet the requirements for a Certificate of Need of Approval. He further stated She process to obtain the Certificate of Need was nearly completed and stuff was reco~ending adoption of a resolution establishing a ~ealth Cen~er commission and for mtaff to be directed to receive citizen input on the issue. He them introduced members of the Nursing Home Transition Committee who were present. ~r. Robert Kaplan~ Chairman of the Kur~ing ~ome Transition Committee, expressed appreciation for the ~upport by staff ~n providing management to the Nursing Home. He stated the care was delivered to the reeidents in a ~uality fashion. ~e reviewed t~e Committee's r~commendatien to develop a plan for the transition cf the ~ursing a~me Xor private ownership; the plan halpinq to maintain or enhance the quality of long-term care available for the citizens cf the County; the current ~tat~ of the Nursing Home in terns of finances, stability and operations; other nursing home operations an~ organizational ~truetures; establishing a principal criteria to procure the expansion without the necessity of long-term alliance upon or adverse impact to the County's credit rating; and the Committee's recommendation for the County to move forwar~ with the pri~ati~ation of the Kursing ~ome in order to be compat~t~ve ~n the chain of today's health care environment. He ~tated the Comm~ttee'~ report wa~ ba~d on a umanlmou~ decision and they felt the dominant theme to guide the tra~iti0~ of the Nursing Ho~e would b~ to ensure the existing level of quality oa~e i~ protected a~d enhanced and for the plan for expansioa of the facility an~ utilization of the Kealth Center Co, lesion maintaining the safe. healthy and cfflcient physical environment which presently exists at the Nursing Hone. He then reviewed the history of the Nursing Home and expansion of the facilities to meet the needs of the patients~ the quality of leaderzh±p sk±lls displayed by the ~ta£S at the Nurelng Home; the creation of a health center ee~mi~ion~ the Nursing Home being recognized as an academic ~eriatri~ medical center; and communit~ support and involvement of the Nursing ~o~e thr0ugk voluntary advisory hoarde. He stated the Committee wee recommending the review and validation of the proposed expansion b~ing the b~sinees of the Healt~ Center Commisaion and noted the Committee had not examined the plans for th~ expansion or reviewed the financial £easi~ility study. He revlewa~ the Co~ttee adclrm~e~ng structure and financial issues inoludimg obtaining a tax exempt statue or being designate~ a charitable corporation =o enable financing b~ing issued through the Industrial Develoument Authority and the iesuancm of revenue ~ond~. He then reviewed the Committee's reco~unendatlon for the creation Of the Health center commlss~on and its responsibilities de,ignored toward the well-being of the Nursing Nome. Hr. Danlel inquired if the process moved forward for priva~izatian cf the Nursin~ Home, whether the Committee felt the citizens of the County would receive equal or enhanced health care services at a reasonable ee~t. Mr. Kaplan stated the Committee felt the oi=izen~ would receive equal or enhanced curren~ health care services at a ~easonable cost as the establishment of the Health Center Commiseion would be under the authority of the Board of supervisors a~d the 92-972 12/9/92 committee felt privatization of the Nursing Home would not only enhunce servicem but bett~r meet the changing need~ of privatlzatlon of the Nursing Home as it related tO staffing; the current level of recruitment and retention of the process for implementation of the privatizatlon including the setting of a public hearing to receive citizen input; end Mr, Daniel ~tate~ he felt although a public hearing was not re.ired, the Board should hold a public hearing to receive citizen input on the privatizatiun of t~e Nursing ~ome. He Committee for its report and stated he felt the committee Transition Committee for their report and stated in addition to the Committee continuing with its work, he felt the cs~itte~ could bec'expanded to include additional members. Mr. McHale stats~ he ~elt the Committee hsd presented a good report and the County should enEure that citizens would continue to receive high q~ality care at the Nursing Home. He further ~tated he also felt a public h~arin~ should be held to receive citizen input on the issue. on this issue and exeressed appre0iation ~o the Committee for financing issu=s ss it related to the County issuing revenue obligations and whether it would have a~ impact on the county's bond rating. Wt. colbert also e~pre~se~ appreciation to the Nursing Home Mr. Daniel ~tate4 d~e to the upcoming General Assembly session and the scheduling of meetings for the Board, he felt the Board should include a~d~ng an item to ~h~ County's legislative packet addressing amending the cotillion Act to a~reed to iu¢lude adding an item to the County's legislative more modern a99roaeh to the Health Center Commission On motion of ~r. MeHale, seconded by Mr. Warren, the Board set the date of January 13, 1993 at 7:00 p.m. for a public bearing to con~ider the e~tabli~hment of the Chenterfi~ld County (It is noted a copy of the report submitte~ from the Lucy corr Nursing Home Transition Committee &s fi~ed with the papers of this Board.) 9~-973 ~2/9/92 PEHFO~ANCE AUDIT Mr. Hammer stated Ms. Cynthia Satterwh~te and Mr. Harold Martin of Coopers and Lybrand would present an overview on t/~e p0rformanoe audit repor~ on the Building Inspection Department and introduced ~E. ~att~rwhlt~. M~, Satt~rwhite expressed appreciation to th~ Board and staff identify oppo~unities for improvement. She reviewed sco~e of the perfo~ance audit including the operation of Departm=nt and ~e inspection proces~ as it relates %o new $ingle-family residential dwellings; the int~rr~lation~hips departm~t~ involved in ~e inepection Dr==ess and approach u~ed for data collection including applicmble laws a~d Fe~lations and pollci~s and procedures and the oolleotio~ then rewlewed the analy~is performad by Coopers & Lybrand ~ncluding inte~iewing me,ers of th~ Board of Supervisors, an~ ~el=~t~d ~t~ff an~ k~y management perso~I of oth~r builder~, homeowner~ and oth~r localities' ~n~p.ct~on depar~nts and audited a sampl~ of reoent inspections, she noted Coopers & Lybrand hired Building 0Sficials and Code Administrators (BO~) to a~i~t in auditinq a ~ple of recent building inspections to determine if inspection~ were introduced ~. Ha=ol~ Ma~in. Mr. Katie Dresente~ an overview of the observations and toe--end'ti=ns contained in the written perfo~ance audit and atate~ he rmc~iv~ full co=peTs=ion from Co~nty ~taff. ~ewiewed ~e audit'~ find~ng~ smd r~co~ndation~ including the m~ssion, objectives ~nd mandated power~ of ~e Building Incpe=tion Depa~ent and stated a gap exists between ~itizens' p~cept~on of the Departm~nt'~ m~on and define4 mission of the Departm~t as it relate~ to the Depar~ent ~n~pecting for substantial as opposed to strict cumBlian=e wi~ the C~e and inspeQting for ~ality wor~anship. He stated Oooper~ E Lybrand ~eoo~end~ the Depar~ent re-~valuate and ~efine its current mission and co,ami=ate the mimmion to ~e public. He ~tated t~e of th~ Building ~nspection Department ha~ not been clearly d~fined and coopers R Lybrand ~eoo~ends ~e Department maintain a 9rofes~ional and independent working relationship with builder~. He ~h~ reviewed m~agement policies, procedu~e~ and ~aotioe$ ~nd st~tc~ certain policies, b~n impl~ented on a timely basis. He state~ Cuu~ers & Lybrand reco~e~d~ ~= doc~entation of policies, procedures and local 9ru=tlces an~ the developmen~ and implementation of p~ocedure~ to ensue timely imDl~entation of maw Code remitments. He then reviewed organizational issues and stated in the pa~t, t~ere ~a~ been a lack of =uordlnatiun an~ o~unioation between the Building Inspection Depar~ent and o~ departments such as Planning and Enviro~ental Engineering within ~e Co~ity Develo~ent Division wi~ no single depar~ent ~ing a~igned the responsibility for en~oroing zoning/subdivision conditions. ~e stated Coopers & Lybrand recommends interdepartmental meetings be held to include supervisors and staff and a single department be assigned the re~ponslbillty of enforcing zoning~subdivision conditlsns. Be then ~eviewed human resource management issues including the finding that the inspection staff fores was p~eviously inadec/uate to ~andle workload and, specifically, a time study from 1981 through 1992 indicating the n%~er of re~identiul/com~ercial inspections performed and noted the County e~erlencmd a cen~truction boom in the late 1980's. Re stated the current inspection staff complement is adequate to =nsure substantial compliance with the Cods~ Re further stated in the past, training prowided to inspection sta~ was sufficient only to satisfy certification requirements and noted additional training is now being offered. He further stated coopers & Lybrand race,ends that if the County redefines the Building Inspection Department's mission to ensure stricter code e~plianee, staffing needs should be readdreesed. ~e then reviewed the building inspsstion process and related processes and operations including the imDrovemeot~ initiated by the County to strengthen the inspection process; emphasis of inspections to ensure that basic construction a~ syst~ are in su~stnntial compliance with Code; the delay of certain inspections until l'ater pha~es of the construction process; and the Department net documenting or tracking complaints by homeowners, builder~, or inspmctorz. He stated ~oopers & Lybrand ~ene~ende the CoUnty consider requiring stricter compliance with cede provieion~ a~r~slng ~uallty of wor~manshi~; reasserting the ti~ing of inspections; and creating a new department or hir~ ~taff to address consumer protection and construction q~ality. ~e then reviewed information technology issues including the efficiency of the current system; the haekleq of maintenance requests; current system , ~rovlding limlte~ management/performance reporting capabilities; and the lack of a plan to address long-term system nneds of the Department. He stated Coopers & Lybrand read,mends the Department arrange for additional staffing to address the. need for ehsrt-te~m system support; improve syste~ reporting ~apabilities; and develop a strategic in~erma~ion ~y~s plan. He then reviewed financial munugement issues including the Department adopting a balanced ~u~get far Fi~=al Year ending June 30, 1993; the budget including the addition of six ~taff already in place add,ess anticipated workload; and the adoption of an increase in permit fees to offset additional easts, He stated Coopers & Lybrand recommends the Department continue to monitor projected resource requirements and related funding needs and use the county's a~thority to increase permit fees if additional resources are required to e~pport increased workloads. Mr. Daniel inquired w~ether Coopers & Lybrand uncovered evidence of impropriety, gross negligence or gro~ irregularities or less than e professional atmosphere within %he Building Inspection Department. MS. Satter~h~te stated Coopers & Lybrand found ~o evidence or indication of any illegal acts. F~r. Daniel stated the county had utilized a professional firm to conduct the performance audit and he felt Coopers & Lybrand's recommendations would assist the Ce~ty in its Building Inspection D~partment. ~e further stated the County Administrator would be directed to distribute the ~eport within the c~unlty to, the building, development~ business and citizen/civic organization sectors in an effort to provide the community an opportunity ts provide input into 9~-975 1~/9/92 Mr. McHale stated he had supported the performance audit of %he Huildlng Inspection Department due tn noncerns expressed from citizens and inquired if there were any acts or omissions on behalf of tither the Bourd of Supurvisors er County management or staff during the audit which would cause. Coopers & Lybrand to be concerned about their ability to render s fair and impartial analysis of the Department. Ms. sattez~white state4 Coopers & Lybrand was saCisfie~ it had received the fell cooperation of all involved. ~r. McEale expressed appreciation to staff for their cooperation during the audit and their efforts to improve the building inspection process and image with the citizens. Mr. Berber stated he felt the focus of the process should be fur the Building Inspection Department to work with home builders on behalf of homeowners and the County has attempted stated he felt the issues have evolved from the construction growth the County s~erisnced in the 1980's and indicated the rec~endatione ef Coopers & Lybrand for the enforcement of zoning/subdivision conditions and the assessment of staffing levels in the Building Inspection Department would a~sist in improving the operation of the Department. for.substantial compliance but would need to be readd~essed if the love1 of inspections increased. ~_r. Barber stated he felt there was a line between minimum standards the County could legally enforce and workmanship standards and the County has the responsibility of satisfying the hom~owne~ ~hen purchasing a ho~e. He inquired if the County's buildlng permit fee was comparable to fees charged by Virginia Jurisdictions surveyed. Ms. Satterwhite stated it was difficult to compare fees as each jurisdiction uses its ovrn methodology in determining the fee, however~ she felt the County was in the low to middle range and meted other localities charge fees which the County carrently does not charge. The~e wa~ brief discussion relative to the types of fees charged by other localiti~ ~ueh as a fee ~0r immuing ee~rtificates of occupancy. M~. Barber ~tated ~e felt t/%e performance audit had ~rovided the County with a valuable tool in evaluating its ssrvioes and the County should eousider addressing each dupartment with a similar review. ~Lr. Colbert inquired whether the County could inspect the quality of workmanship in its inspection process. Ms. Satterwhite stated the County could only ~nforce the standards of the Bnilding cede and standards relating to the quality Of workmanship is a Judgment issue. Mr. Warren stated he Xel~ coopers & Lybrand ~ad done an excellent job and i~ple~e~tation of the recommendations such as the development of a complain= tracking system, dooume~nting local practices to ensure consistent enforcement of the Code, the use of a checklist during tbs inspection process, citing and documenting all Code violations to ensure the rights of ho~own~rs are protected and t_he training o£ inspection staff would assist the Cou_~ty in improving its building inspection process, ae further stated t~e County is ~urrently meeting Code ~eq~ir=m~nts and the reco~endatiens would enhance the process and he was in agreement with the report being distributed among the varieu~ sectors within the community. He notsd the County could address the issue on its County "C~ll-Xn ~how" and at the various constituents meetings hsld by the individual ~upervisors. M~. Daniel i~st~ueted the County Administrator to initiate the distribution e£ ~he performance audit report to the various sectors within the community, to review the report prior to for staff to report to the Board on the process of implementing the recommendations. Mr. MoHale stated thi~ initiative was a total quality management effort by the County and he felt an objective review should be undertaken to address each depart_ments~ processes and procedures and requested a copy of the internal perzormanoe audit schedule for each department. (It is noted a copy of the Building Inspection Department Performance Review Report is filed with the papers of this Board.) directed the County Administrator and staff to address various force of County employee~ had boe~ appoints4 by the Co~ty A~inistrator to work with the Building In~pection to detains the ~easibility of implementing assistance ~nlt~ativ~s. H~ introduced Mr. Bernard Schmelz, te~ leader Mr. R~se~ introduced me.ers of %he ta~k force who were ~r. $chm~!z stated the task ~orce has studied the fea~ibillty of the Co~ty providing an ombudsman, engineering an~ legal a~istanc~ to residents of the County whose home~ have been affected by ~hri~/swell ~oi1$ and ~ ~tu4y ~%aff or as a contractual service. ~ ~urther stated staff the problem with an ~stt~te of costs ames=fated with revlew~ the study undertaken by the task Sorc~ an~ their rec~endationm including the d~ties of the o~ud~ma~ ~peciflcally, the ro~ of the O~d~a~ to c~icatio~ between'the involved ~artiem in re~olv~n~ the noted ~e task force reco~end~ the o~bud~an ~ established a~ a Staff position r~ortiag to ~e Deputy County A~in~trator fo~ Co.unity Devel0~ent. H~ then reviewed the duties of the en~ine~ and, specifically, ins~moting an~ dete~ining ~e nature and e~emt of structural damage to single-family ~wellin~s 4us to shri~/swell soils and the e~tent o~ damage, a reco~en~ repair, an e~imata of cost for desig~i~g a re~air, and a pr~limina~ estimate of the cost to re. ir ~h~ damage. K~ noted the task force ~e engineerlng services ~ provided ~der contract and made available to those h~eowners with st~tural damage %~ their foundations. He then reviewed legal assistance d~ties. to ~e residents, the =onsultation being a~ ~e expose of the County for ~he purpos~ of obtaining a ~i=ten reco~endation parties from whom l~ga} redr~s may be available. He stated ~-9~v ~/~/~ a contractual agreement with several attorneys who pra=tlcs in the eisa. He then reviewed the cost of implementation and funding sources for the rscommsndatlons and staked all cost and revenue projectiqns were preliminary estimates and adjustments to fhe~e estimates would be made at the end of March based on actual activity and necessary adjustments would be addressed in the proposed F¥94 budget. He stated in order to implement the outlined reoe~en~atiens, ntaff wan public hearing to consider a proposed ordinance change establishing a temporary surcharge of $125 on residential building permit fees with the ordinance including a provision terminating the ~urcharge on December 9~, 1993; establishment of an application fee of $50 for applying for the engineering and legal assistance progrmm; authorization for creation of an ombudsman pesition; authorization' for staff to enter into agreements for engineering and legal services; appropriation of funds, contingent on a~optien of the proposed ordinance; d~r~cting staff to men{tot the applications for assistance and potential cost of repair~ an~ disposition of cases; and the AoX/st 1~ 1993, Discussion, comments a~d q~esti~ns ensued ~elative to the duties e~ the engineer and wBether ~e engineer would perform specifi= design work; the duties of the luwyer and wh~th~r the lawyer wo~td actually file the lawsmit$; and whaler homeo%n~ers would be able to retain the lawyer for court representation. Hr. Colbert stated he ~elt the duties of the lawyer should exclude any .type of court representation. Discussion, co--eats and questions ensued relative to the proposed salary for the position of %he ombudsman; the ombudsman ponition being designated a staff position an~ the length of service for the position; the duties of the engineer in providing a report for a recommended repair but not actually designing the solution for the repair; the extent of the engineer's role in re=ommending the solution; and whether the attorneys D~oviding services would be precluded fro~ acc~ting business generated from their consultations with M~. Micas stated the .contract could provide for additionul business or for ~he preclusion o£ additional b~siness and there could be a difference in the cost of the services. stated the contract Zee was a policy decision. Di~¢~ssi0~, co,meats and ~uestlons ensued relative to whetter the inclusion er preclusion of additional business would comfraot; whether the legal servlce~ could ~e provided by the County instead of being contracted; whether the engineering analysis would generate the rang~ Of exposure the County was e~De~encing a~ it related to damages attributable to shrink/aw611 =oils; and if the race,ended ~o%%~t by the engineer would be the ~aximum exposure accepted by the county. Mr. McHale stated he was c~nccrncd about the duties of the l~gal adwi~or and, specifically, the legal a~vieor being able to pz~t~cipate in £utu~e court action and indicated he felt t~e legal advisor should m~ke such a ~e¢ision r~ther th~ the 92-978 12/9/92 Far. Barber inquired as to thm basis for the r~commendatlon of the proposed ~rsh 30, 1993 ~ate as the window of opport%mity for the County to receive applications. Mr. Schmelz stated the ~eadline would '~rov~e an opportunity for citizens to apply and would allow 'staff to perform '~e ~eoe$~ar~ work within the fim~al oon~t~aint~ of th~ County d~ing ~e year. ~. Ba~be~ stated he was concerned abo~t ~e proposed deadline a~ oiti~n~ have e~re~ concerns about ~e w~nduw of opportunity to receive applications being a date in which all citizens e~erlencing 9roblems related to shrink/swell ~oi1~ could apply, ~. W~ren stated he was also concerned about the propose~ deadline for receiving applications zinoe the public hearing wo~%d not b~ set ~til January and would limit the tim~ citizens woul~ have to make application to th~ County. He fur~er ~tated he f~lt the availability of the pr~ram shoul~ be publicized. Th~r~ wa~ brief discussion retati~e to the antiuipated number of cltizen~ who would ~ke application to ~e coun=y for e~tlmate~. ~. ~m~y ~tat~ the aaroh ~9, 1993 deadline date Xor ~taff to ~ake th= necessa~ adjus~ents prior to adoption of application deadline date provld~ng the flexibility iB making the declslon-~klng au~ority of ~e ~Qard; an4 =he propose~ ~aln~ for the o~udsman position. Mr. McHale s~ated he 'would not ~ comfortable with any for citizens to m~e appl~cati0n to the County fo~ a~istance and be felt it Shoul~ be ~derstoo~ that after the defined th~ Co~ty, ~ further stated he also felt ~ availability of ~e pro,am mhould be publicized to citizens. Mr. Daniel mta=ed the Board would ad~e~s setting ~e p~bli= hearing to consider increasing the residential fee under the ~onsmnt agenda and clarified the public hearing pro=e~ would After brief d~ou~io~, On motion of ~. McKale, second~ ~ ~r. Colbe~, th~ ~oard authorized the Co~ty A~inistrator to initiate the p~0oess for creation, recruitnent mhd rete~tto~ of an o~udsman ~osition whu~e focuz will ~ assistance to citizens in ~=solving shri~/swell ~o11 ~d other construction relate~ issue~. Vote: Unanlmou~ Mr. R~sey stated staff would proceed wi%h n~gOtiating the proposed ~gineering Contracts prior to the Boar~ ~eeti~g on Janua~ 13, 1993, w{~ naid contractz ~ing contingent upon ~. Daniel expressed mDpreoiation to the tas~ force for their ........ ~ J.~_L ....... [ ....... J I ......... reqommendations are filed with the papers of this Board.) AUTHORIgATION ~OR THE PLANNING D~TMENT TO ~EPARE AN UPDATED ~ ~OR THE ROUTE 360 CO~/~IBOR BETNE~ Board authorize the Planning Department to prepare an updated Courthouse Road. Re further stated this project was not currently identified as a high priority project due to current staffing levels and resouross would not be availaSle until After brief discussion, Mr. Daniel and ~r. Warren made u joint mo=ion, seconded by ar. Barber, for the Board to authorize the Planning Depa~nent to prepare an u~dat~d plan for t~e Route 3~0 corridor between chiDDenham Par~ay and Courthouse Road. There was brief dis~ssion rela=ive ~o whe=h~ the funds would be appropriated from other identified projects with higher priorities if Ubs re.est was approved and the Board a~eed that $61~000 ~hould ~ appropriated fbr FY93 ~d $~9,000 for FY94 in or~ to allow ~e Planning Department to undmrt~e Mr. Daniel called for ~ vote on th~ join~ motion mad~ by him au~orize the Planning Departnent to prepare an updated plan Co~ouse Road. (It i~ noted excess debt se~ice funds w~ll Vote: Unanimous e~tabli~h a local d~abilitie~ ~e~vioe~ beard to provide input w~th physical' and ~en~sry disabilities. He further stated st~£~ was recommending the creation of a disabillties services the board would be charged with m~klng available a report with a si~-y~ar projection of local ssrvi~e nesd~ and prioritie~ by Mr. Daniel ~tated he felt membership to the board ~hosld be representation for the entire County. ~ctions of the County; whether the re,est c~ld be deferred On motion of ~. Daniel, s~conde~ ~ ~. Wa:r~n, th~ Boar~ 1993. 9]-980 1~/9/9~ Vote: Unanimeus '~ After brief di~u~io~, on motion of F~. Mc/~ale, seconded by ~r. Warren, the Board aDDroved the followinq streetlight installation cost approvals in the designated Districts with sa~d funds to he expended fr~m ~he ~esignated Die=riot Street Light Accounts: BERMUDA DISTRICT * Int~eection of Chippenham Parkway and Strathmore Road near Salem Street Coat to in,tall light: $341.00. CLOVER HILL DISTRICT * Intersection of Newstead Drive ~nd Provincetown Drive Cost ko install light: $2,567.00. * Int~rsectlcn o£ Provincetown Drive and Ruthere Road Co~t to in,tall l%ght: $232.00. COSt ~0 install light: $25S.00. Cost to install light: * Intersection of Courtheuse Road and Daklns Drive, ~o~t to install light: $3,7G0.00. Intmrsectlon of Iron 8r~dga Road an~ Irongate Drive cast to in~tall light $964.00. ~,D.~. ADOPTION OF RE~OLUTION ~FA~ING THE CENT~h~J~ LIBRA~Y_.TWN "2~_L~IE_~. ELMORE BUILDINg# Om motion of ~e Board, ~e following resolution Was ~R~Z, ~. Ei$i~ S. Elmore served the citizens C~e~terfi~ld county and the Co~ohwcalth of Virginia for ~ny year~ ~rough her volunteer work on n~eruus bour~s ~ER~S, ~s. Elmer. d.mon~trated ~e highest q~ities of citizenship in servinq ~a interests of d~advanta~ed children, familie~ and elderly and gave ~$elfi~hly of her time ~ough ~emb~ship on t~e Capital Ar~a Agency on A~ing and various c~itte~u of the United W~y of Greater RiQ~ond; ~eights Bourd of Social Service~ from ~98~ to 199O an~ as chairman o~ this Sourd, was instrunental in o~ganizing the Chesterfield ~n Service~ Coalitio~ which has Dubli= library develo~ent in the County; and 92-981 WHEREAS, Mrs. Elmore ~erved with distinction on the GovernOr's Advisory committee for Child Abuse and Neglect from WHEREAS, Mrs. Elmore's outstanding community efforts and dedicated work on behalf of others led to various honors including the Governor's Award for Volunteering Excellence~ recognition by-the Senate of Virginia, and induction into the Chesterfield County senior citizens Hall of Fame; and WHEREAS~ Mrs. Elmore served on the County Charter committee appointed by the Board of ~upervisor$ in 1986 and wa~ instrumental in urginq t~e county and tAe General Assembly to adopt the County Char~er f~rm of Government for Chesterfleld County in ~987. NOW, TI{EREFORE BE IT RESOLVED, that the Chesterfield County Boar~ of Supervi~or~ hereby ~nanimeu~]y endorsee nmeing the Cen~_ral Library in ~emory of Mrs. Elsie S. EImore. AND, B~ IT F~RT~4ER R~SOLVED, thmt a copy of this resolution be presented to Mrs. Elmere's family and t~at t/%i~ resolution bo permanently recorded among the paper~ of the Beard Of Supervlsor~ of Chesterfield County, Virginia. Vote: Unanimous 6.D.2. A~PROERIATION O~ II~TEEEST EA]tNINGB ON CERTIFICATES OF P~I~TIOIP~TION. BERIES OP 19B~. TO PAY AR~IT~AGB REBATE ~ DEBT On motion of ~. Barber, seconded ~ ~. Mcgale, the Board $76,~8 of arbitrage rebate and $~24,804.21 in debt service. Vote: Unanimous ~,D.$. APTBOPRIATIO~ OF FY93 SUPTLF~E~TAL GOMPENSATI~N BOARD FUN~IN~ FO~ THE SHERIFF~S OFFICE On motion of ~Lr. Barber, seconded by Mr. McHale, the Board appropriated $192,632 i~ FY93 supplemental state compensation Board funding to the ~heriff'~ Office as follows{ part equipment - $25,117. (It i~ noted theme funds were made available to the Sheriff's Office with the ~nderstandi~ these moneys arc available for e~mnditure du~ing =he c~ren% ~imcal year only and ~pe~t f~Rds Will not Curry over to the next t~ese f~ds to hit= eight additional part-time p~so~el to decrease ~e vote: Unanimous On motion of Mr. Barber, seconded by Mr. MOHalk, tho Board from $loo,ooo to $116,s~?; approve~ expansion of T/%~ Pr6trial of celeniat Heig~ts~ an~ a~rove~ ~iring a part-time ~mpleyee to serve Colonial Neights. {It i~ noted thi~ request pesos approval notification fr~m Colonial Heights ~or funding the 92-98~ 12/9/9~ $16,857 is available for apprepriation to the FY93 Community Diversion Incentive Program Pretrial Grant Budget.) Vote: Unanimous approved tho follewing- planned ~mendments to modify the County's ~ppleme~tal r~tirememt plan to allow the maximum use of portfolio investment manaqers: with one or more investment managers instead e~ or in defined in Section 1,07 and 1.13 cf the plan, respectively. 2. To provide authority and conditions for %he selection and of the plan. 3. To establish such trust, custodial or other appropriate Federal Internal Revenue Code for the purpose of holding To e~tabli~h, subject to terms of existing contracts, the a~tho~ity with th~ Trustees to terminate exi~tin9 Inmurer 5. To prohibit the- Trustees ~rom directly inveetinq plan 6. To establish the terms and conditisnm f~r Trustee discretion to establimh investment qoals and objectives and asset allocation stratn~ies. facilitat~ and implement the purposes of this resolution. Vote: THE PRO~I~Ii~OR FYi4 /~r. McHale, the Board approved continuation of the presen~ ourbslde recycling program and w~ll consider expanding the program as part of the FY94 budget process. (It is noted a copy of the expansion alternative~ for the Cu~b~ide Recycling Program is file~ with the ~apers uf this Board.) Vote; Unanimous 92-983 1~/9/9~ ~G~EEMEN~ yOR yM~D IrA~TE CO~08TZNG B~F~ZN TNE 0n ~otion of Kr. Barber, ~econded by Mr. McHale, ~e Board authorized an amen~ent to the Speoial Pr~jeot s~rvice Agreement for yar~ waste oomposting between ~e Cen~al virginia Waste ~naqement Au~o~ity ~nd Ch=~tarfi~ld CO~ty, subject to approval by the Cowry Attorney. Vo~e= DONATION FOR A CHESTER VILLAGE ~EA DESIGN STUDY, P~. I On motion of ~r. Barber, meconded by Mr. McHale, the Board appr sl~riated funds ~e~terfield Village ~oun~tion and apgropriated $25,000 (for a total of $50,000) in order to finance the preparation of funds in the amount of $25~000 to cover ~ County'~ mat~ for Bermuda District ~ree Cent Road P~d and $~3~000 in fund~ are from the Co~t Building lease/pu~ohase. S~NCTUARY 8I~N8 ~OR NUGU~ ~N~ RO~ On motion of Mr. Barber, ~econded by ~. Mc~ale, ~e Board appropriate~ $100 from ~ Hidlo~an District Three Cent Road Fund to ~e Midlo~ian Garden CI~ to assist in the purchase of bird sanctuary signs for ~enot sprinqs Road. (It is d~ignatlon of Huguenot Springs Road as a bir~ sanctuary.) Vote: Unanimous less, located on Falling Creek and a~jacsnt to Providence future gresnway area an~ authorize~ the Ceun=y Administrator to execute the necessary deed. AWARD OF OUN~RAGT TO Rs ~O~K/EST~BROOK CORPORATION FOB ~I~HTIN~...~F BB~BBALL/BOFTB~LL FIELDS ~T ~CHE~T~ H~GH 8~HOOL ~ ~E~T~IDDLE ~ On motion of ~. ~ber, ~e~on~ed by Mr. ~cHale, ~e Board aw~ded a contract %o S. Ro~/~stabrook Co.oration, i~ the a~ount of $161,000 less two percent for pa~ent made wi~in tw~ty days, for lighting of ba~e~l]/~of~all field~ at ~anchu~ter High S~ool and Man,ester Middle School. (It i~ noted f~d~ for ~is projects were appropriated ~ro~ ~e Claver Hill Spo~ Complex a~ th~ Oc~ob~ 14, 1992 Board 1~/9/92 '1 meeting.) Vote: Unaninous On motion of Mr. Barber, seconded by ~r. MoHale, the Board upproved the following bingo/raffle permitm for calendar year OB~-Z~TION Beach Com~unlty Grange Cavalier Athletic ClUb St, Augustine Parish Mancheoter Athletic Association Virginia Deerhunte~'o A~oeiation Central Virginia Couneii of th= Blind Midlothian High School Loyal Order of ~anchester/Richmond Lodge Thomas Dale Music Booster Club James River Lions Club TYPE Bingo Bingo Bingo Bingo/Raffle Raffle Raffle Raffle Bingo/Raffle Raffle Raffle Bingo 6.Do14. STATE RO~D This day the County Environmental Engineer, in accordance with dire~tion~ from this Board, made report in writing upon his examination of Jolly Lane and Jolly Place in Cedar Run, Upon consideration whereof, an= on mu=ion o~ Mr. seconded by F~. MeHale, it is resolved that Jolly Lane and Jolly Place in cedar R~, B~rmnda District, be an~ t~ey ~e~eby ute e~tublished us public roads. And be it further resolved~ that the VirgiBia Department of Transportation, ~e and it hereby is requested.to take into the Secondary ~yntem, Jolly Lane, b~ginning at the western end oS ex,sting Jolly Lane, State Ro~te lS56, and going westerly 0.05 mile to the intersection with Jolly ~iaee, then cantinu~n~ westerly 0.05 mile to end in a cul-de-sac; and Jolly Place, beginning at the intersection with Jolly Lane an~ northerly 0.10 mile to end in a cul-de-oac. This req~/e~t is inclusive of the adjacent slope, sight distance, clear zone and ~e~i~nated Vlrgln~a Department of Transportation drainage easements+ The~e roods s~ve 19 lots. And be it further reselved~ that the Board of supervisors guarantees to ~he Virginia Department of Transportation an unrestricted right-of-way of 50' with necessary easements for cuts, fills and drainage for allof these roads. Cedar Run is recorded as follows: Plat Book 64, Page 53, December 19, l~SS. Vote: Y~animous This day the County Environmental Engineer, in accordance with directions from this Board,. made report in writing upon his eEamination of Hanlin Creek Parkway, Bermuda District. Upon sonsideration whereof, and on notion of Mr. Barber, seconded by Mr. McHale, it is resolved that Ramlin Cre~k ParKway, Bermuda District, bc and it h~reby is established us a public road. And be it further resolved, that ~he virginia DeDuzd:men~ of Transportation, be and it hereby is requested to take into the Secondary System, Hamlln Creek Parkway, beginning at the intersection with Chester Road, State Route 145, and going easterly 0.31 mile to end in a temporary turnaround. This request is inslusive of the adjasent slope~ sight distance, olear zon~ and d~signeted Virginia Dep~r~nent of Transportation drainage easenents. This road serves as access to adjasent commercial properties. And be it further resolved, that the Board of Supervisors guarantees to the virginia Department of Transportation a variable 60' to 80* ~nrest=ioted right-Of-way with necessary easements for cute, fills and drainage for this rea6. Kamlin cree~ Par~way is ~eorded as follows: Deed BOO~ 2164, Peg~ 292, July 8, 1991. Deed Book 1163, Page 56~, July 2, 1991. Deed Sock 2163, Pages 549 through 552, Jhlly 2, 1991. Veto:' Unanimous Thi= day tho Coun=y Environmental Engineer, in accordance with directions from this Board~ made report in Writing upon examination of Rockridge Road, Chipstead Road, Chipstead Plaoe~ Chip~tead Ceurt~ Rookridge Court and Roskridge Place in ~i~den Valley Estates, Section ~, Bermuda District. Upon Consideration whereof, and on motion of ~r. Barber, seconded by M~. MeHale, it is resolved that Rockridge Read, Chipetead Road, Chipstead ~lace, Chip~tead Court, Roekridge Court, and Rookridge Place in Hidd~ Valley Estates, Section p~blio roads. ~d be it f~e~ ~esolved, that the Virpiniu Depur~ent of Transportation, ~ and it hereby is re~este~ to =axe into Secondary System~ Rockridge Road, bmgi~ing ut Roc~idge Nidden Valley Estates, Section 2, gtate Route muir to assigned~ and going north~ly 0.05 mile to the inter~ectlon with Chipstead Road, ~en continuing northerly 0.07 mile then continuing northerly 0.~3 mile to t~e i~tersectio~ with 9~-986 I2/9/9~ chi~atead Road again, then continuing northerly 0.03 mile to end in a temporary turnaround; Chipstead Road, beginning at the intersection with Rockridge Road and going easterly 0.08 mile, th~n turning and going northerly 0.15 mile to the intersection with Chipstead Pla=e, then continuing northerly 0.05 mile to the intersection with Chlpstmad Court, then turning and going westerly 0.10 mile to end at intersection with Rockridge Road; Rockridge Place, beginning at the intersection with Rookrid~e Road and going northwesterly 0.03 mile, then turning and going northerly 0.14 mile to end in a cul-de-sac; Rockrldge Court, beginning at the intersection with Roekridgo Roe~ an~ going southeasterly 0.04 mile to end in a col-de-seer Chipstead Place, beginning at the intersection with Chlpstead Road and going westerly 0.05 mile to end in a cul-de-sac; and Chipstead Court, beginning at the intersection with Chipstead Road and going northwesterly 0.03 mile to end in a cul-de-sac. This request is inclusive of the adjacent slope, sight distance~ clear zone and designated Virginia Department of Transportation drminage easements. guarantees to the Virginia Department of Transportation unrestricted right-of-way of ~0' with necessary easements for e~ts, fills a~d drainage for all of these roads. This xection of ~idden Valley ~states is recorded as follow~: Section 6. Plat Book 66, Page 11, .April 18, This day the Connty Environmental Engineer, in accordance with directions from this Board, made re9ort in writing upo~ hi~ examination of ~ewbys Wood Trail in Newbys Wood, Section Dale District. Upon consideration whereof, and on motion of F~r. Barber, seconded by Mr. McHale, it is resolved that Nswbys Wood Trail in Wewby~ Wood, S~t~on D, Dale Di~trlc~ be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, ~ and it hereby is requested to take into Secondary system, Newby~ WOOd T~ail, beginning at existin~ ~ew~ys Woo~ Trail, state Route 3~S5, and going 0.14 mil= tO end i~ a t~mporury turnaround. This request is inclnsiYe of the adjacent ~ope, sight distance, clear zone and designated Virginia Department of Transportation drainage This road serves 9 lets. And be it £~rther re~olved, that the Board of Supervisors guarantees to the Vlrgi~ia Department ef Transportation an unrestricted right-of-way of ~0' with necessary easements for c~t~, fills an~ drainage for t~is road. Section D. Plat Book 72, Page 72, Sept~_mber 19, 1990. Uote: Unanimou~ 92-987 12/9/92 This day the County Environmental Engineer, in accordance with directions from t/~is Board, ma~e report in writing upon his examination of Maple Brook Drive and Maple Brook Court in Upon consideration whereof, and on motion of Mr. ~arber, seconded by Mr. McHale, it is resolved that Maple Brook Drive they hereby are established as puhli~ roads. And be it farther resolved, that the Virginia Department of Transportatien, be and it hereby is requested to take into the Secondary System! Maple Brook Drive~ beginning at the intersection, with Lakebluff Parkway, State Route 4~37, amd going easterly 0.04 ~ile to the intersection with itself and Maple Brook Court, then turning and going southeasterly ~.X2 mile, then turning und going southwesterly 0.84 mile, then turning add going westerly 0.07 mile, tb~n turning and going northerly 0.14 mile to end at the intersection with itself and F~e Brook Court; and Maple Brock intersection with Maple Brook Drive 8.06 mile to sn~ in a cul-de-sac. This request is inclusive of the distance, clear zone and d~ignated Transportation drainage easements. These roads serve 36 lots. Court, beginning at the and going northeasterly adjacent slope, eight Virginia Department of A~d be it f~rther resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation an urn~estricted riqht-of-way ef 50' with necessary easement~ for cnt~, fills and drainage for all uf these roads. Maple Brook is recorded as follows: Plat Book 68, Dago~ 4 & 5, September Zl, 1989. This day the County Environmental ~nglneer, ~n accordance with ~ireotions from this Board, made report in writing upon his e~aminatlo~ of ~owell ~rove Road, P~well Grove Drive ~d Powell Grove Terrace ~n Powell Grove, Matoaoa District. Upon consideration whereof, and on motion of Mr. Barber, ~oonded by Mr. MoHale, it i= re~olved that Powell ~rove Road, Powell .G~ove Drive and Powell Grove Ts=race in Powell Grove, ~atoaCa District, be and they hereby are established as public And be it further resolved, that the Virginia Department of Transportation, be and it hereby is requested to taka into th= Secondary System, Do,ell ~rove Road, beginning St the inter~e¢~ion with Lukebluff Parkway, State Route 4337, and geimg westerly 0.04 mile to th~ intersection with Powell Gro~e Drive, then continuing westerly 0.05 mile, then turning and going northwesterly 0.06 mile to end in a cul-de-sac; ~ow~ll Grove Drive, beginning at ~ho in=ersootlon with ~owoll Grows Road_and going northerly 0.~4 mile, then turning and going northwesterly 0.~2' mile to the intersection with PowelI Grove Terruce, then continuing northwesterly 0.08 mile, then turning an~ going northerly 0.04 mile %o end in a cul-de-sac; and Powell Grove Terrace, beginning at the intersection with Pow=ll Grove Drive an~ goln~ northeasterly 0.03 mile, then t~rni~g &Rd ~O~g northerly 0.04 mile to end in a cul-de-sac. 12/9/92 This request is inclusive .of the adjacent slope~ sight distance, clear zone and designated Virginia Department of Transportation drainage e~s~ments. Th~se reeds serve §0 lots. qumrnntees to the virginia Department of Transportation an fiats, fills a~d d~ainage for all of these roads. Powell Grove is recorded as follows: Plat Book 69, Pages 15 & 16, December 4, 1989. ~.D.~. REF~ TO THE PY~N~NG AND ~ECO~F~NDATION, AN 0~DIN~CE TO ~HE CODE O~ ~E~ING ~ ~ACTIN~ ~EGTZON~ 21.1-229.4 ~ 21.1- ZZg.$ ~TIN~ TO ~EBAP~KE B~Y PR~BER~TI~N On me, ion of Mr. Barber~ ~econded by N~. McHale, the Board ref~rr~ to the ~lanning co~ission, for =~eir review and reco~datlon~ an ordinance to ~end the Code of the County of Chesterfield, 1975, as amended, by ~en~ing and reenacting Se~tion~ ~1.1-2~9.4 and 21.1-229.5 relatlng to Chesapeake Bay ~R~VICBS R0R BE~VICES...RELATEB TO T~E COMPLETION OF authorized the Co~ty A~inistrator to execute a contract between the County and 09den Envi~o~ental ~er~ service~, in the ~ount of $39~,996.1~, to provide s~ices relating to the completion of the Nstional Pollutant Dis~harqe Elimination System Part II Pe~it Application ~evelopment and ancilla~ Drainage Capltal Improvement Account to f~d =he pr~ram. ~UILDING PE~T FEES TO DEF~Y ~R ~BT OF O~ ~otioH Of ~. Barber, ~co~ed by Nr. ~cHale, the Board set th~ 5ate of January 13, 1993 at 7:00 p.~. fo~ u p~lic hearinq to consider an ordinance increasing the residential building pe~ft fees to defray ~e co~t of foundation po~ inspections. wore: Unanlmou~ 92-989 12/9/92 ........... r~.l! I UL ] .[ ,.I ....... d ............... I. I . COUNTY OF C~F. STE~ZELD~ 1978~ ;u~ ~(ENDED, BY 2~.L-280 RELATIN~ TO FIL~.~~, FR~ESSING ~ ~ROVAL OF KITE PL~Ng On motion of ~r. ~arber~ m~co~ded by ~r. MoHalk, th~ Buar~ ~t the dats of January 13~ 1993 at ?:00 p.m. for a public hea~ing to c~n~ider an ordinance to amen~ the Code of the County of Chesterfield, 1978~ a~ amended, by a~e~di~g a~d reenacting Se~tlons 21.1-272 through 21.~-2S0 relating ~o filing, p~ocessi~g a~d approval of site plans. S,D.1S. REOUEST PERMISSION FOR BOARD OF SUPERVISORS TO BE THE APPL~%N~ ~OR ~ R~ONIN~ RE~U~T FO~ TN~T~?J,~T~OM OF T~E SWIFT CREEK TRIB~TART NONITORIN~ STATIONS On motion of I~T. Barber~ ~ecend~d Dy Mr. McHale, t~e Boar~ approved a re,est from mtaff for the Board of Zup~imors to De t~e applicant for ~e conditional use and variances necessary for ~e installation of ~e ~wift creek Tributary Monitoring Station~; appointed Mr. David M. Wml~on~, Director of the Utilities Department, for such a99licationm; and waived the filing of disclosure for such filings. Vote: Unanimoum S.D.~9. REQUEST FOR PERMISSION FRO~ IRO~BRI~GE BAPTIST FOR A ~N_~.,~NC~OACN WITHIN~NE=ISTING SIXTEEN FOOT S~R E~EM~NT O~ ~Oti0n Of ~i~. Barber, seconded by ~. McHale, the Board approved a re~t fro~ IroDbridge B~p~ist ~rch for a sign to ~n~roa~ within a ~i~een foot ~ewe~ ea~ent ~ubje~t to v~clnlty sk~t~ i~ filed wi~ the paper~ of thi~ Board~) Vote: Unanimou~ 6.D.2~. ~CCEPTA~CE OF PARCELS OF LAND ALONG NOR~H SPRING R~ accepted, on behalf of the County, t. he uonvsyance o£ Q.839 spring Run Roa~ (Route 7~1) an~ 0.382 acres adjacent to the Associates, L.P. and authsrizsd the County Administrator to execu%~ thc necessary deed. (It is noted a copy of the plat Vote: Unanimous .6. D.1~. , gT'RERT N~J~I~ t'RA~R the development of Walmart and Sa~s Warehouse on Nidlethian Turnpike ~nd has been requested to r~name Whltten Parkway to Walmart Way. Me further stated although the rec~uest was not in conformance with County pollcy, Whltten Brothers wa~ not looa=od at that ~ite and since Walma~t would be located t~ere, he felt this par~ic~lar request was appropriate under the circuI~tancss. 92-990 12/9/92 Hr. sarber made a motion, seconded bY Mr. Col~eZ~, £or the Board to aDD,cvs Changing the name of Whitten Parkway to walmart Way. Hr. Mc/{ale stated he felt these ty!0em of requests should conform to County policy and ~Xpressed concern relative to the Hr. Daniel stated although he was in agreement with the comments exprss~od by Mr. McHale, if the name was net changed it would re~a~n Whltten Park-way. He ful-~her stated the Board should consider addressing the everall street name pollcy at After brief discussion, ~[~. Daniel called fo~ the Vote on the motion made by Mr. Barber, ascended by Mr. colbert, for tho Board to approve changing the name of Whitten Parkway to Walmart Way. Ayes: Mir. Daniel~ ~r. Warren~ Mr. Barber and Mr. Colbert. 7. DEFERRED IT~B ?.A. BTR~BTLIG~T INSTALLATION ~OST APPROVAL After brisf discussion, on motion of Mr. MCHal¢, ~econded by Mr. Warren, the Board deferre~ the ~treetlight ins=alia=ica cost approval for the intersection Of Roland View Drive and Roland View Terrace, in the Bermuda Magisterial bls~ric%, until ~aroh 10~ 1993 i~ an uffort to resolve the ~asement 'and safety concerns associated with the request. On motion cf Mr. Mc~ale, seconded by F~. Barber, the Board $~pended i~ r~le~ to allow simultaneous nomination/ appointment at thi~ tine of a representative to ~e~e o~ Co~unlty Services Bour~ repacks=lng Clovar Hill District. Vo~e: Unanimous On mo=ion of Mr. Warren~ 6eoo~ded by ~, Colbert, the Board simultaneou~ly nominated/appointed ~, Har~ repre~entinq Clove~ Hill District, to se~e on ~e Co--unity Service~ Board, whome term is effective Janua~ 1, 1993 will expire January 31, 1995. 7.B.2. ~AY~oI~FO~ND~TION O~ ~otio~ Of Mr. M~HalO, s~cended by Mr. Barber, the Board ~uspended it~ r~los to ~llow ~imultaneous nomination/ appointment at this time of a representative to ~erve on tho ~aymsnt F0und~tion representing the County at-large. On ~otlon of }Ir, ~arbor, seconded by M~. colbert, the Board mimultaneously nominated/reappointed the Honorable Pamela Wcmack to serv~ on the Maymont Foundation, representing the 12/9/92 will ~pire December 31~ 1993. Vote: Unanimous There were no Kearings of citizens on Unscheduled Ma~ters or claims scheduled at this time. Mr. Ramsey presented the Board with a report on the developer water and ~ewer qontracts executed by the County Administrator. District Road and street Lig~ Funds; Leas~ Pur~ases; and has formally notified the County of the &oceptanee o~ the following roads into the State P~ED' S BLUFF - ~ffe~ctJ~ve~l~2~2) 0.2~ mile M~st Route ~7~ 0.23 mi Rout~ 984 (Walkers Cove Drive) - From NCL Colonial Heights to 0.17 mile Nurth~¢L CS!Chis1 Heights i~A~0N~PARK - (effective 11-13-9~] Vote: Unanimoum EXECUTIVE SESSION PURSU~NT TO SECT/ON 2.1-344fA)(?). C~ OF VIRGINIA, ~9~, AB AHENDED, I~OR ~ONSU~T~TION WITH ~E OF ~E BUgINE99~ I~REgT IN ~IHG ~ TO on motion of Mr. MCHal~, ~oonded ~y M~. Colbert, the Board s~$p~nded its rules et this time to =mend the agenda to add to Item lO.~ a~ additional Executive Session for discussion of the condition, acquisition or use of real property for public purpose relating to the extension of 288 pursuant to Section 2.1-344(A)(3) Co~e of Virginia. Vote: Unanimous On motion of ~lr. aeHale, seconded by 1~'. colbert the Board moved Item 10., Executive ~eicn pursuant to Section 2.1- ~44(A](?), Co~e of Virginia, 1950, as amended, for consultation with legal counsel ~egarding the acquisition of 1~/9/~ real property for public purposes; and, pursuant to Section ~.l-3~(A)(1), d~scu~ion eoneer~ing the expansion of an of the business' interest in expanding ~ursua~ ~0 2.1-344(A)5; a~d, an Executive Session for discussion of the condition, acqui~itlon or use of r~al property for publio 2.1-344(A)(3), C~e of Virginia, to follow Item 16, for Mobils Home Permits and Rezcning. Vote: Unanimous DINNER ~otien Of Mr. Colbert, seconded by l~r. Barber, the Beard reoe~ed to the A4minis~ra%ion ~uilding, Room 502, for dinner. ~. INVenTION l~, Daniel i~t~odu~ed R~V~rend Carl Cosslett, ~astor Trinity United Methodist Church, who gave the invocation. the United States of ~erlca. R~$0LUTIONS AND 8PZCZA.L RECOGI~'Z~Z01,;8 BO~D two y~ar~ a~ th= adult m~bmr, reDresentln~ Be~nda District, on ~e You~ Se~ice~ Citizen Board and has made many positive contributions ~o the Board. On motion of the Board, t~m following re~olution w~ adopted: ~$, =~e government of Chesterfield Coun=y is able to serve its =itizens ~st ~rough the cooperative combination of County who has devoted his career and volunteer ti~e to the bette~ent o~ others; an~ ~S, ~. B~gg~ has volunteered f0~ man~ years esDe=ially to e~an=e the ~uality of life for young bla~ m~n in ~e ~esterfi~ld co.unity; and ~s, a~ a hat.al exte~io~ of ~. Briggs' interest in th~ well-being of young Deo91m in the co--unity, ha has qenerously g~ven cf h~s time to se~e as a me~r of the You~ ~ality of life for all young p~ople in ~esterfield County; and c~unity~ s~rvic~s to youth and families through his efforts with ~e citizen Board. appreciation to Nr. James Brigge for his on-going ~erviee to the community, for his ~tronq commitment to the quality of life for all our citizens and, particularly, for his years of service; representing Bermuda District, on the Youth Services citizen Board from May, 1990 to November, 1992. Vote: 'Unanimous Mr. McHale presented the executed resolution to ~r. Briggs and expressed appreciation for his service, representing Bermuda District, on the Xouth services citizen Hoard. RECO~NI2TN~ MR. J~CK b. NOWEr JO~N T~fL~R dOMMUNIT¥ ~OLLE~B LO~ BO~D Mr. Stith stated Nr. Jack D. Huw~ has r~pres~nted the at-large on the ~ohn ~ler Co,unity College ~cal Board since 1~84 and has ~mrved am Doth ~airman and vice chai~an during that tim~. Qn motion of the soard, the following resolution was adopted: ~s, The John Tyler Cu~uni~ collage Local Board acts in an advisory capacity %o ~e State Board for Co~uni~ operations of John Tyler Co~unlty Collegm am may ~ delegated ~S, The John Tyler Co.unity College Local Beard se~ms as a liaison between the State Board for Co~unlty Coll~ges and ~e county and city gover~ent~ in ~e College service area, helps to promot~ an =ducation program of high ~ality, encourag~ oo~uni~ participation in progra~ ~ER~S, ~. Jack D. Howe has served on ~e John Tyler Cc~uni~ college Local Board, ~ep~e~e~ting ~a~terfield County, since November, 1964; ~=R~S, ~. ~owe ~e~ed on th~ Local Board as Chairman from May, 1990 to July, ~99~ an~ as Vic~ chai~an from S~pte~beF, 198~ 5o July, 1990. NOW, TH~O~ DE IT ~SOLV~ ~at the ~esterflel~ Chesterfield while serving on the Uo~ ~ler Co--unity College re~ol~tion be appropriately prepared and pre=anted to ~. Jack Vote: Unanimous Co~ty st-l~ge~ on the Jo~ Tyler Co~ity College Local 14.D. ~ECOG~SINGI~i~. SF.,~N~OI'~S C~OWNUPOW ATTAI~N~ ~ OF ~GLE SCOUT ~n mo%ion of the B~ard, ~e following r~solution wa~ ~ER~S, Th~ Boy Scouts of ~erica was in~Qrporate~ by ~. William D. Boyoe on F~b~ary 8~ 1910~ and ~E~S~ The Boy Scouts of ~e~i~a wa~ founded to promote citizenship training, personal development an~ fitness of individuals; and ~E~S, After earning at lea~t twenty-one merit badges in a wid~ variety of fle~m, s~ng in a l~adership po~it~on co~unlty, ~ing activ8 fn the troop, demonstrating scout spirit and living up to the Scout Oath and Law; and ~E~$, ~. ~ean Thomas Cro~, Standstill Church. Troop has re~ed the long-~ought goal of Eagle Scout which received by l~ss than two percent of tho~e individuals entering the Scouting movement; and ~AS, Growing ~rough his e~eri~ncp~ in Scouting, indeed a member of a new-gene~ati0n of D~epured yo~g of wh~ w9 can all ~ very proud. NOW, ~EFO~ BE IT RESOLVED, ~a~ ~he ~ester~ield Co~ty Board of Supervisors h~reby extends its con~a~ulatlon~ to ~, Sean Tho~s Cru~ an~ uc~owl~qes the good fortune of vote: Unanimous acoompanied ~memburm cf h~s family, an~ =Qngrmtulated him on his outstanding a~iev~m~n~. ){rs. Mitchell introduced ~4r. Steve Norment who was present to accept the resolution on behalf of the Committee of Candles and Lightm. On motion of the Board, the following resolution was adopted: W~F~AS, the City of ~io~on~ i~ ~ponmorlng a Metro Festival of Candles a~d Lig~ts in anticipation of at.acting a~ractions decorated ~or th~ holiday ~eason; and ~E~S, Chesterfield County business 9ersons have a~ke~ for the Coun~y'm participation in thi~ femtival event; and ~E~S, t~e carillon in Byrd Park will be lighted for t~e first y~ur of ~e Festival; and ~E~S, plans are b~ing made to light ~m bridges acros~ NOW, TH~R~FOR~ B~ IT ~OLVF~D, that the Chesterfield County Board of Supervisors endorses the ¢0noept of a ~estival of Cendle~ and Lights and encourages citizens of Chesterfield County, both private and commercial, to p~ticipate in the holiday celebration of the Metro Festival cf Candles and Lights. Vote: Unanimous Mr. Barber pre~ented the executed remolut~on to Mr. Norm~nt. Mr- Normen= expressed a~preoiation in accepting the resolution and =tared th~ F~stival wo~l~ provide a~ opportunity t~ increase tourism within the Oonnty. ~4,F, R~CO~NI~IN~ K~B. JOX D. BEAYE~, CLERK TO TH~ BOARD OF On mo%ion cf %he Board, the following resolution was adopted: ~ER~S, ~s. Joy D. Beavers ha~ diligently and faithfully served ~e o~rent Board of Supe~isors a~ Deputy Clerk from the begi~ing of their term~ of office in Janus,, 199~; anU ~ER~, ~. Beaver~ ha~, ~nce bet ~nit~al with th~ Cuunt~ on June 1~, ~PS~, served the citizens of ~a~%~rfiald County in t~6 offic~ of th~ clerk to ~e Court, the County Airpo~, the Department oS Utilities and the 0ffioe of the Clerk %o ~e Board of supervisors; and of Bupe~isors to ac=ept a ~Q~ition with ~e Clerk of ~S, ~s. Beaver~ ha~ been a dedicated, hard working professionalism; and ~S, ~. ~eaver= ha~ compiled th~ minuto~ of Boar~ of Supervisors wi~ accura~ and dedication. NOW, T~FORE BE IT ~SOLV~, that the Chesterfield County Board of Supervisors will miss ~s. Joy D. Beavers new po~ition a~ Deputy Clerk in the Circuit Court Clerk's Vote: Unanimou~ ~. Daniel pre~ented the executed Fesol~tio~ to M~S, expressed appreciation ~or her ~ervice a~ Deputy clerk Beard of Supervisors, a~d e~e~ded their ~est wishes tc her in futur~ Mr. H~er stated thi~ date and t~ ~a~ been advertised f0~ a ~ublic hearing %o consider an amen~en~ to appropriate $2,857,730 f~o~ th~ Re~erve for ~ture Capital ProJ~=~ for a jail ann~ building. 92-996 There being no one elee to addre~ this issue, the public hearing was ¢lo~ed~ There was brief dlmcummion relative tc the electronic a~raignment of prisoners and whether funds designated had previously been earmar~o~ for other projects. On motion of Mr. colbert, meoonded by Mr. Barber, the Board appropriated $2,857,730 from the Re~erve for Future capital Projects for the jail annex project and awarded the construction contract to K.B.$. Inc., in the amount of $2r~88.730. (It is noted the County will request the State Department of Correotlona construction coot reimbursement -- m~xi~in~ amount Of $900,000 -- once the jail construction reimbursement mo=atorlu~ io lifte~ by the General A~sembly.) V0te~ U~a~imou~ ~O~NTY OF ~T~BFI~LD, 19~ A~ ~E~ED, ~TIN~ TO BUILDI~ ~T~D5 T~T ~R~I~O~ TKE IN~T~TI0~ IN CONSTRUCTION ~. Micas stated this date and time ha~ been ~ve~is~d for a p~lio hearin~ to consider an ordinance relating to building standards ~at provld~ for the in~tallatlon of water conservation d~vic~s and low con~ption fixture ~e ~e~lations a~e adopted by ~e State. No one came forward to spe~ ~n favor of o~ against deferring ~is p~lic hearing. On motion of Mr. Mc~ale, seconded by Mr. ColbertF ~he Board deferred the public hearing to con~ider an ordinance amending the C~e of the County o~ Chesterfleld~ 1978~ ins~allatlon of water conservation dev~ce~ and low fixt~es in const~ction un=il ado~tlon of the re~ulation~ Vote: 15.C.2. 15.O.3. CHARTER ~OT ~ORE TH~N TWO FEET. ~R~ ~0~ TO ~W T~ ~IBP OF POLICE T0 ~OI~,,~E.~,~ ~i~ CO~R0~ W~D~ ~ DEPUTIES · O PE~IT T~E O0~Y TO INOORP~TE ~S TO THE MOTOR V~IC5~ ADDITION;~L ACTION BY T~E B0~%RD OF BUP~VISOP~ Mre. D~Hart stated this date and time had been advertised for a public hearing to ccn~ider amendment~ tc the County Charter to allow the Director of Planning to ~rant varlan~e~, not more than two feet, from local zoning and/or subdivision ~a~ir~ments; t~ allow the Chief of Pcli~a to appoint the County's Animal Control warden and deputies; and to permit the County to incorporate change~ tc the motor vehicle coda into the county oode without, additional action by the Board of plans for single-famil~ residential and the appropriate wording to incorporate changes to the No:or Vehicle Code into the County Code without additional action by the Board of Supervisors. There bsin9 no one else ts address these amendments, the public hearing was closed. On motion of Mr. ~c~ate, seconded by ~{r. Colbert, the Board agreed to request the following Charter changes: 1. Amend the County Charter tc allow the Chief of Police to appoint the animal control supervisors and officers. 2. Amend the County Charter to all0w the Planning Director to ~rant variances (~p to two feet) from local zoning and;or subdivision requirements. Amend the county charter to permit the County to incorporate changes to motor vehicle code into the County Code without additional action by the Board of Vote: Unanimous 15.D. TO ~ONSIDER~%N ORDiNaNCE TO VA~TE ~ PORTION OF ~ TEN ~. Sti~ stated th~ data and t~me ha~ ~m adve~t~ed fo~ a p~bli¢ h~aring to con~id~r an ordinance %0 vacate u portion of a ten foot ~ewer eas~ent within Five Forks Village Subdivision, Phasm I. On motion of Mr. Daniel, seconded by Mr. colbert, the Board adopted the following ordinance: ("G~TOR") vacatms to DAVID D. ~DEN, ~. and C~tSTY A. ~EN, (husband and wife} ("G~T~"), a portion of a Phase I, Dale ~agfstarial District, Chesterfield County, Virginia, as shu~ on a plat thereof duly recordm~ in the Clerk's Office of the Circuit Court of Chesterfield County ~ER~S, ~otts, ~inter an~ Ammociatem, P.e., ~e Board of Supervigors of Chesterfield County, Vi~inla Zubdivi~ion, ~hase I, Dale Magist~ial District, Coon%y, villein more parti~larly sho~ on a plat of reoo~d in th% Clerk's Office of the Cir~it Court of cai~ Co~Bty Plat Boo~ 73, Pa~es 1-6, dated Deco.er 5, 1990¢ made petitioned to be vacated i~ more fully de~crlb~d a~ follow~: A p~rtlon of a 10' ~ewer ~a~ent across ~t 67, Five Forks village Subdivi~i~n, Pha~e I, Dale DistriCt, Virginia~ a~ ~ho~ on a plat thereof by Putts, Mint~ and Associate~, P.C., 4ated October 6, 1992, a co~y o~ which 9~-998 12/9/92 W~tE~L~AS, notice has been given pursuant to Section 15,1- and, WHEREAS, no public necessity existz for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF S~PERVISORS OF CNESTERFI~L~ COUNTY, VIRGINIA: That pursuant to section 1§.1-482(b) of the Code of Virginia. 1950, as amended, the aforesaid portion of easement bs and is hereby vacated. This Ordinance ~hall be in full fares and affect in accordance with section 15.~-482(b) of the code of 19~O, as am~n~d, and a oer~ifle~ ¢o~y of this Ordinance, to~ether with the plat attached hereto shall be recorded no sooner than thirty days h~raafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 or the e r Vi t ia, 1950~ as amended. The e££e~t of this ordinance pursuant is to destroy the fores and ef£ect of the re=ording of the ~ortien of the plat vacated. This o~di~an~e ~all v~t fee simple title of the portion of the easement hereby vacat~d in the owner Of Lot 67, Five For~ Village Subdi¥i~ion~ Phase I, free and clear of any right~ of public Accordingly, thi~ Ordlnanse ~hall be indexed i~ th~ of the County of Chesterfield as grantor and David D. Camden, Jr. a~d christy A. Ca~de~, (h~sband and wife), or thai= Vote: Unanimous requested a Hobile Home Permit to park a mobile hame in a Heavy industrial {M-2) District. The density o£ the proposal is approximately 2.17 units/acre. The Cam~rehensive Plan de~ignate~ the property for general industrial use. This pre~erty fronts the east llne of Haven Avenue, approximately 355 feet south of Bellwood Road, and i~ in the vicinity of and ? (Sheet 25). In ~ermuda Magisterial ,Distri=t, DO,IS ~AM~RI~H~ requested a Mobile Home ~ermit to park a mobile home ia a Heavy Industrial (M-3) District. The density of the proposal i~ approximately property for general industrial use. This property frontn the ~ellwood Road, and is better known aa 8321 Haven Avenue. Tax Nap 68-13 '(2) Bellwood Estate~, Lot 5 (Sheet Kr. Peele presented a s%~mm~ry of Cases 925N012~ and and mtated mtaff reoo~mended denial of Case 92SN0123 and approval of.Ca~e 93SN0151. 92-999 .......... 1JLJLLIll I. ,]-~l., L ..... [ I L ....... Mr. William Hambright, representing both requests, stated his mother has had her mobile home at this location for the past twenty years; that he has owned the mobile home adjacent to her fo= approximately one year; that he has a permit for a well and septic tank to be in,tailed; and that the mobile Ms. Beadles expressed Concern relative to mobile homes being temporary versus permanent and stated he was opposed to mobile homes in g~eral. Mr. ~ambright stated the s~ptlc tank has not been installed although the land has been perked in preparation for the installation of a septic tar~. He ~ubmltted into the record a copy of tbs sewage disposal system construction permit for the mobile home. Mr. ~c/~ale stated he has received one letter in opposition to the request. He further stated ha philosophically supported the recommendation by staff simce the proposed area would Ham~right to reside near his mother ~ue to her age. On motion of ~r. Mc~ale, seconded by Mr. colbert, the Board approved Case 92SN0123. for seven (7) yearm, subject to the following standard conditions: 1. The appllsant shall be the owner and occupant of the mobile home. Ko lot or parcel may be rented or leased for use as a mobile he~e site, nor shall any mobile home be used for rental property. Only one (1) ~obile home sha~l be pe~itted to be parked em an individual lot or. parcel. 3. The m~ni~u~ let si~e, yard setbacks, required front yard, and other zoning requirements cf the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet ts amy existing residence. 4. NO additional permanent-type living space may ~e added onto a mobile home. All mobile hames shall be skirted bat shall not be placed on a permanent foundation. 5. Where public (County) water and/or ~ewer are available~ they shall ~e used. 6. Upon being 9ranted a ~ebile Home ~ermit~ the ap~llcant shall ~hen obtain th~ necessary permits from the Office o£ the ~uildlng OfflolaI. This shall be done prior to the installation or relocation of the mobile home. 7. Any violation of the above conditions .shall for revocation of the ~obile ~eme Permit. Vd%m: Unanimous On mo%ion of Mr. McHale, seconded by Mr. Colbert, be grounds the Board approved dase 93sNe151 for seven (T) years~ subjeot to the fellswing standards conditions: 1. The applicant shall be the owner an~ occupant of the mobile home. 2. No lot or parcel may be rente~ or leased £or use as a mobile ~ome site, nor shall any mobile home be used for rental property. Only gae (1} mobile home shatl be pe~itted to be parked om an individual lot or parcel. 3. The minim%%~ lot size~ yard eetbacka~ ~equired front ya~d~ and other zonlng requirements ~of the applloable zoning district shall be complied with~ exempt that ~o ~obile 92-1000 12/9/92 hame shall ha locate~ closer than 20 feet to any existing residence. 4. No additional permanent-type living space ~ay be added ante a mobile home. Ail mobile homes shall be but shall not be placed on a permanent foundation. 5. Where public (County) water and/or sewer are available, they shall be used. &, Upon being 9~antad a Mobile Home Pel~mit. the applicant shall then obtain ~hm necessary ~ea-mlts from the Office of ~a Building Official. This shall be don~ prior the installation or relocation of th~ mobile hom~. 7, ~y violation of ~he above oonditions ~haI1 be grounds for revogation of the Mobile ~o~e Pe~it. Vo~e: Unanimous ~e~ter Presbyterian Church, who were present at the meeting ~d Dot,d ~e Troop wa~ ~arning its citizenship an~ co~uni~ merit In Midlethian Magisterial Dis~rict, SOUTHLAKB .ASSOOIATES requested rezoninq from General Bnainess (B-3) to General ~usinoss (C-S). The density cf ~uch amendment will be ComDrehensiYa Plan ~aslgn~%eo the property for general approxima=ol¥ 226 fs~a on the south line of Midlothian Turnpike, approximately 13~ feet west of Seuthlake ~oulavard. Tax Map 1~-1~ (4) south sixty~ Block A~ Lots 1 and 2 amd Part Mr. Peele presented a su/umary of Case 93SN0~30 and stated the r~que~t. ~e noted th~ reqUeSt con£ol~ed to bh~ Northern Area Oliver D. Rudy, Esquire, representing the applicant, stated the recommendation was aooeptable. There was no oppoai=ion appraved Case 93gN0130, Vote: Unsnimsus 10. EXEuurX?E SESSION PURSU;~T TO SECTION 2.1-344(~)(7), CODE OF VIRG~NIA~. 1950, AS.A~ENDBD3 FOR ~ON~ULT~TIO~ WITH FOR PUBLIC P~POSEB: ~. P~SU~ ~ ~ON ~.X- EXISTING B~IHR~ ~E Re PR~IOUS ~O~C~E~ ~S BEEN ~CTZON 2.~-344(~)5~..,,.~ F~ DTBCU~SION OF THB ~O~ITION, ~QU/RITION O~ U~E O~ ~ PROPERTY ~K ~UBLIC P~SE H~TIN~ TO' ~E E~TEN~ION O~ ~88 9~8U~ T0 0n motion of Mr. Colb~r=, ~oon~d by ~r. sarber; the Boar~ went into Executive ~em~ion, pursuant to Section ~.1- $44(A)(7), C0~e of Virginia, 1950, as amended, for consultation wi~ legal counsel regarding the ac~i~itlon of real D~oDerty ~or public p~po~es; and, pu=suant to Section ~.I-~(A)(1), d~cu~ion concerning the e~ansion of an exlat~ng ~siness where no prevlou~ announcement has ~en made 91-1001 12~9/92 ................ ,-~JLJ [![ I i_..] ........ [ ........ I I cf ths business' interest in expanding pursuant to Section 2.1-344(A)5~ and, for discussion of the condition, acquisition or use of real property for p~blio p~rpos~ relating to the extension of 288 pursuant to Section 2.1-344(A) (3), Cede of Virginia. Reoonvening: On motion of Mr. McHale~ seconded by Mr. Warren~ the Board adopted the following resolution: W~EREAS,'the Board of Supervleors has this day adjourned into ~×~cutive Session in accordance with a formal vote of the ~reedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective J~l~ 1, 1989 provides for certification t~at such ~xeoutivo Session was ~onduoted in conformity witch law. NOW, ~l~FO~d~ ~ IT RE~O~VED, tha~ thm Board of County Snpervisor~ does hereby certify that to the best of each member's knowledge, i) only public business ma~ters law£ully exempted from open meeting requirement~ under the ~reedo~ of Information Ao~ were discussed in thm ~xecutive Session to which this certification applies; and ii) only such public business matters as were identified in the Motion by whloh the ~xeeutive Session was convened were heard, discussed or considered by the Board. No member dissents frnm this certification. The Board b~ing polled, the vote wa~ as follow~: ~r. ~¢~al~: Aye, Hr. Barber: Aye. Mr. Colbert: Aye. ~ir. Warren: Aye. Hr. baniel: Aye. On motion of Mr. ~c~al~ ~eoonded by -Mr. ~arb~r, the Board a~journed a= 9:30 ~.m. until December 10~ 1992 at 7:15 a.~. to Kings Korn~r Restaurant at ~h~ Chesterfleld County Air, crt, to meet with'Citizens for Responsible Goverll~ent. vote: Unanlmoue 12/9/92