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08-26-1992 Minutes1992 Mr. Harry G. Daniel, Chairman Arthur S. Warren, Vice C~r~. Bdward B. Uar~er Whal~y M. Colbert J. L. Mc~ale, III Lane B. Ram~y Cowry Administrator M~. ~ar~ara Bennett, Dir.~ Office on Youth M~. Marilyn E. Cole~ Exes+ ~sst- to Co. Admln. Mr. William Davenport, Commonwealth'~ Attorney Chief Robert L. Eanes, Jr., Fire Department Mr. Michael Golden, Acting Dir., Parks and Eecreation Mr. Bradford $. Ha~er, Deputy Co. Admln., Di~., Pla~ing M~, ~aB=O~ ~. Kibler~ Dir. of Support ~ervicest Mr. ~ohn Lillard~ Dir., Airport Dir., Accounting ~r. Robert L. Masden, Deputy Co. A~in., Dir., Transportation Mr. Richard M. McElfish, Dir., ~v. Enginuerlng County Attorney Mrs. Pauline A+ Mitchell, ~r. Richard Nun~ally, ~ten~ion Agent Mr. F. O. Parks, Dir., Info--etlon ~y~tem~ ~e=h. col. J. E. Pittman~ Jr., Ms. Theresa M. Pit%s, Clerk to the Board Mr. Ja~es J. L. St~aier, Mr. M. D. Stith, Jr., Actin~ ~eguty Co. Admln., Co--unity Development Mr. David H. Welchons, Dir., Utilities Dir., Internal Audit Mr. Frederick Willi~, Jr.~ F~, Daniml ~alled the regularly scheduled meeting to order at 2:05 p.m. (EST). Mr. Daniel advised Mr. Colbert had been detained in Texas duc to storm conditions and would be arriving to the meeting late. He recognized a!l tho$~ affected by hh~rrioan~ Andrew. l.~. ~ULY 22. 1992 On motion of Mr. ~cMale, seconded by F~. ~rber~ thc Board approved the minutes of July 22~ 19~ as sub~i~ed. Ayes: ~Lr. Daniel, Mr. Warren, Mr. Barber and ~Lr. MeHale. Absent: Mr. Celbert. appr0ve~ the minutes of August 3, 1992, aa submitted. Ayes: Mr. Daniel, Hr. Warren, ~r. Barber and Mr. Mc~ale. Absent: M~. Colbert. Mr. Ramsay stated at a resent meeting in Minnaapslia o~ the National Association of Counties (~ACo), the County accepted eleven NACo achievement a~ards and he introduced Ms. ~eu~ine Mitchell, D~rector of New~ and Public Information Services. N~. Mitchell reviewed the award~ r~ceiv~d by the County and introduced the follew~n~ re~iplents: F~r. Manton M. Kibler, Director of Support services "Community College Classes for the ~lderly" Pire Department Robert L. Eanes, Jr., Chief or the Fire Department Mr. Rick Parks, Director of Information Systems Technology "Ccmputer-Aide~ Dispatch System" U~il~iee Department Mr. David H. Welshons, Director of U=illties Mr. ~ohn Watson, Field Services Supervisor of the Utilities ue~artment "Water Meter Lock Program" 92-&48 8/26/9~ Planninq ~epa~en~ Mr. Thomas E. Jacobsen, Director of ~lanning Mr. Robert Peppie Jones, President~ Midlothia~ Volunteer Coalition Ms. Susan McGarry, Principal Planner "villuge of Midlothian Streetsoape Improvement Progr~' Mr. Glen Lateen, Chief of CompreheBsive and Community Planning "Workload Indicators for Staffing" ~I~. William D. Pools, Chief of Development Review ~. Willi~ McFadden, ~alyst Progra~er, Info,erich syste~ T~c~olo~ "Auto, ted A~jacent o~er Notification syscom for ZonAng Ms. Lynne Wasz, S~ategic Pla~i~g ~aly~t "co~ittee on ~ ~ture: 1990 Visio~ 2020" ~. James J. L. ste~aier~ D~r~C=O~ Of Budqet and Management Ms. Martha Rei~, D~get and Management Analyst reco~itlon represented a high level of citizen s~ice and technical skills by ~e ~ploy~es of the County and e~ressed Treasurer of ~e ~ationul Association of County Info~tio~ Officers and congratulated her on thi= re=o~nition. 3. BOARD COI~[I??RE R~PORTS Mr. Mcaala stated he had held his monthly constituents meeting in which the topin had teen the storer Cable franchise renewal meeting were lack of competition, steady increas~ of f~es Over the year~ from Storer Cable, the quality of service during inclement weather and raspnnee in ex, ending service to now subdivisions and to ~ervice calls on weekend~ and evenings. He noted a reprezsntativ~ from 8toter Cable was present at thu meeting to address citizen concerns an~ indicated he felt the mss:lng had bean productive in addressing these issues. He further ~tated he and }(~. ~arber had attended the Enen Sirs boat dedication and expressed appreciation to the Chesterfield County FAre Department and the Enon Volunteer Fire Degartnen= a~d recognized that Enon Volunteer Fire Department contributed approximately fifty percent of the comt to =h~ fire boa= Mr. Barber stated he had attended the Virginia ~ooia~ion of counties (VACO) conference recently held in Charlottesville a~d advised he wa~ c~rently ~rving o~ th~ Education Taxicab Advisory Board and the Board of Supervisors wo~ld be considering adoption of an ordinance to bring the County in lin~ with ordinances enacted by ~ City of Ri~on~ and the County of Henrlco and ~ndicated h~ felt this would be a positive ~t~p for ~he County. ~e furth~ stated ha would be holding a joint constituents meeting with MU. Wa~uen to 41souse the Storer Cable franchise renewal process. Co~ittee meeting in which they had discussed th~ ~pco~ing 9~-649 8/26/92 joint Board of Supervisors/school Board retreat and indicated the beards would be addressing issues such as consolidation Program for Schools, demographics and continued cooperation between the two Boards. He £urther stated he had also attended VACO'e annual meeting in which State ~andated programs to localltlcs without sufficient funds for implementation of the mandated pr~rams had been addressed. He noted he had received a letter from Hands Across the Lake regarding an ~pooming national ~rinking water awareness week for 1993, requesting input from the Board of Supervisors regarding development of a program towards the same, and encouraged all Board mem~rs to respond. ~. Daniel stated ~e annual VACO meeting would ~ held in November and weald ad. ess fut~e issues facing local g~ver~ents; ~hRt he had att~ded a Me~opolitan Economic Development Council m~eting in which they ~ ~iscussed the e~tablis~ent of marketing and co~unication plans; and that h~ had attended a Capital Region Airport co.lesion needing and noted passenger enplanemen% and cargo had increased. t. REOUESTS TO POSTPONE ACTION. EMERGENCY ADDITIONS OR On motion of Mr. Rather, seconded by ~hr. McHale, t_he Board dele~ed I~em ?.U.iO., consideration of a Waiver of the Chain Link/Perimeter Fencing on Property Adjacent ~o the Industrial ~ark Taxiway; deferred Item 15.D., Re$ol~tion Reecgnlzing Mr. Eugene C. Autry, Ms~ropolltan ~conomie Develeument ¢oun=il Operating Committee until September 1992~ added Ite~ 15.C., Resolution Recognizing ~atoaoa Methcdlst Church Upon its l~0th Anniversary to fellow Item 15.A.~ Resolution Recognizing Colonel W. F. Corvells, Superintendent, virginia state Polloe; deleted Item 7.D.23.a., Authorization to Exercise Eminent Domain fo= Installation of the Hopkins Road Water Line Across P~oper%y owne~ Dy victor Caudte, Jr. und Lindu C. Cuudls; replaced Item 7.D.9., Approval SS Flec~ Consolidation Agreement and Set Date for a ~ublic Nearing to Consider Increases to the Fleet PY93 Budget ~or Suhaol and County Fleet Consolidation; submitted additional infoz~mation on Items 5.B. and 6.A.~ Work Session and Public Hearing to Consider the Approval of the Metropolitan Greenways Plan and Demon~tratlon Project which Arca~ Include the James River (Bermuda District) ~ Lower Falling Creek (Dale District), the Central Area of Swift Creek (Matoaoa District, and the Lower Appomattox River (Bermuda and Matoaca Districts); and added Item 7.D.28., State Road Acceptance for H~u~lins Reach ts follo~ Item Acceptance of a Parcel of Land Along Jefferson Davis Highway fram Commercial Construction Corporation and, adopted the agenda, as amended. Ayes: Mr. Oani~, Fir. Warren, Hr. Barber and Mr. MoHale Absent: Mr. Colbert. 5. WORK ~ATER 0U~I~¥ GOAL~ ~ STRATEGIES FO~ Ia%KB CHEBDIM, F~uLLING CREEK ~ ~WIFT (~REEK RESERVOIRD ~, JOa~ Kesner, Environmental Coordinator, reviewed the watershed a~eas surrounding Falling crssk and Swift Creek Reservoirs and When asked, Stated approximately fifteen percent cf the swift cra~k water~hed was located in Powhatan county. She then reviewed the locations of each watershed and 8/26/92 Lake Che~din; that the County's portion of the Reservoir was ten tn twelve percent; that the watershed is managed by the Appomattox River Water .Authority; and that the Of the Planning Commission to adopt a document titled "Recommend Water Quality Goals and strategies for La~e Cheedin; Falling Creek and Swift Creek Reservoirs" would establlsh water quality goals ~or each of the water bOdies and recn~e~d strategies to me~t the goals. She stated the goals and strategies were baas~ on the Planning commission's assessment of the ~xi~ting potential water quality problems ia the ~eserveir aa well as ~he sources of the problems and that during the dev~lop~eut of the document, ~he Planning Commission received input from civic groups~ ~itizens-at-targe and the development community. She reviewed the goals and strategies including the recommendation for adoption of a measure er measures to reduce fertilizer u~e from the full spectrum of land use categories and establishment of a program to educate the resident/al, eo~mercial and agricultural sector e~ the i~pect of day-to-day activitie~ on water resource~ and the overall impa~t of development cn water quality. ~Lr. Colbert arrived at the meeting. Ms. ~esner then reviewed the specific recommended goals and strategies for Lake Che~din including providing proactive support to the Appomatte~ River Water Authority in its ee~ti~ed i~plementation of the Lake Chesdin Water~hed Management Plan and it~ attempts to obtain federal funding from the institution of agricultural hegt management practioe~; enoouraglng ~uallty development in the County's portion of the reservoir through the continue~ i~91ezentation of the su~ivlslon and the erosion and ~ediment control ordinances; and amending the County's Chesapeake Bay Preservation Ordinance to preclude the use of the provision that permits developer~ to "u~t OutII of compliance with the Act if it is shown that certain sensitive environmental features do not exist on a site. She then reviewe~ ~he goals and strategies for Falling Creek Reservoir ~noluding preventing furthsr degradation of water ~uality where feasible and the extent resources are available; amending the Chesapeake Day Preservation 0rdinancu to ~reclude the use of the "opt-out" provision in the Falling Creek Watershed; conducting an analysis of ~he reservoir and its surrounding watershed and establ±shi~g a management plan based On that analysis; s~eking outsi~e sources eS funding to support th~ manag~ent of the ~eeervolr; and enlisting the cooperation of the City of Richmond on tee implementation cf the management st~ategies for this reservoir. She then revlew~d the goals and strategies ~or swist cree~ Reservoir including maintaining good water quality in the reservoir end utilizing any practical measures ~_hat woul~ result in the improvement of water quality; obtaining the technical assistanc~ of the Envlronman%al Protection Agency on certai~ watershed management issues r~lated to this reservoir; reconsidering adoption cf the Camp, D~es~er and McKee (CDM) Watershed Management Plan prepared for this reservoir in l~o in which key ite~ called for included a maximum wat~hed ~ide r~sid~ntlal density limit of one dwelling unit par a~re with a ~tipulatinn that a percentage of each lot ~e~ain in open ~pmce, the use of residential clu~tering, the ~ini~ization of non-residential urban development, the minimization of impervious ~urfacaa, the establishment of buffers and the use of a ~y~te~ of ~¢giomal best management practice~ for pollutant removal; the reconsideration of the County's ¢~rrent po~t development phosphorus limit for thi~ watershed; eliciting ~he cooperation of Powhatan County on the implementation of management strategies for thi~ r~erveir; developing a program to ehec~ t~e performance of sediment 92-651 8/~6/92 basins and traps for their conformance with criteria outlined in the %bird edition of the Virginia sediment Erosion control Handbook; assessing the impact of seasonal water level investigating ~osslbls sources of funding frsm sutside agencies for tho management of the watershed and reservoir. adoption of the goal~ and ~trutegies as outlined; establishment of a watershed committee to further refine the stretegies and develop implsmentetion items -- in which the committee would work with County staff and b~ comprised of representatives of sivic organizations, the development community~ an environmental organization~ a citizen-at-large from each affected watershed and appropriate Outside agencies -- to direct County ~taff to follow up on the management strategies requiring action; and to authorize the appropriation of a~p~eximately $Io,ooo for t~e watershed analysis for the Falling Creek Reservoir. Ha. Daniel recognized Mr. colbert w~o arrived au the meeting. Dissuuslon, cc~n~s and ~ues%icns en~ued relative to the "opt-out" provision and the impact the provision would have on those not able to "opt-oat"; the n~mher of persons who coul~ possibly "opt-out" and the impact the provision would have on homeowners and the development community in the future; the process the lae~ owner would be re~ired to follow to .opt- oat"; the statue of t~e ordinance Being accepted by the Chesmpeake Bay Local Assistance Board; the County meeting the state mandated requirements of the Chesapeake Bay Ordinance; the proposed recommendation as it related to the one acre density ~ap and modifications to the plan; coordination with the appropriate agencies regarding sediment retention ponds and beet manaq~ent plans; the recommendation and cost associated with hiring a professional consultant; whether the 19S7 C~esaDeake Bay Agreement affected t~e ave~atl goal of the program and whether the defiae~ measurements could be modified. Mr. Warren stated he felt the process should be examined thoroughly and would allow input for the establis~nment of goals and o~j~tivo~ regarding water quallty. affected property owners who have expressed concerns regarding th~ report by Camp, Dr~ser and McGc~ and no%ed ~h~ property owners would be meeting with representatives from Hend~ Across the Lake prior to the public hearing being hold in an attempt to address and reae~ agreements on specific issues and indicated he felt the public hearing should be held sometime after September to provide the groups an opportunity to address their concerns. After brief discussion, on motion of Mr. ~arber, seconded by Mr. Warren~ the Board set the date of October 1~ 1992 at ?:00 p~m, for e public h~aring to con~ider the following: 1. Adoption of a document entitled, "Recommended Water Quality Goals and Strategies for Luke Chemdin, Fulling Creek and swift Cree~ Reservoirs". Establishment of a Watershed Management Commlttss ts further refine the strategies and develop specific implementation items, which comm,%tee would work with County stuff ~nd be coI~lnrised of representatives of the following entities: civic organize%ions, the development community; an envirenme~tai organization; a citizen-at- large from each affected water~hed; and apprepriate outside agencies. 9~-6§2 S/26/~Z 3. Directing County staff Do follow up on those propose~ strategies requiring action and to Work with the Watermhed Management committee; and 4. Authorization e~' the approprlatlon of approximately $10,000 for a watershed analysis for the Falling Creek A.R. CONCEPTUAL APPROFAL OF THE METRO~OLIT~/~ G~NWAYO PLAN FOR CHEETER~IELD COUNTY METROPOLITAN ~REENNAYS PLAN AND DE~O~ET~ATION PROJECT WHICH AREAS INCLUDE T~E ,FAHEE RI~_.~ERMUDA ~CWER FALLING CREEE (DALE DIETRI~T), TH~ C~NTR~L AREA OF EWIPT CRB~K ~Mi%TO~CA DIBTRICT}, AND THE LOW~_~PP~TTOW RIVER (BERMUDA AND MATOACA DIE~RIOTE~ Fi~. Hamumer stated thia date and time had been advertieed for a public hearing to consider the approval of the ~trepolita~ Graenways Plan and damens~ation project. He presented an overview of the Metropolitan Greenways ~1~ Study an~ stated it was e federally~funded local planning effort imte~ded to identify greenways in th~ Richmon~ area that represent opportunities for expanding and pre,erring linear open pathways for preservation and usa. He reviewed composition of the Greenways committee and Stated they bad held numerous public meetings and workshops across the area ~o obtain public input and commemt; that Virginia Commonwealth University assisted the study team by daYaloDing resource maps using its Geoqraphical Information ~fappinq System; that local officials, ~rail olu~s and public interest groups in the project; and that the County ~ev~loped a mailing list of approximately 400 County property owners end interested oiriten~ to ~eep the public infor~ed about the Ccn~ittee's work. ~e further stated groenways were Opportunities for linear open space park~ ~nd recreation and reviewed the options availabl~ including locations auoh as the Chiokahominy River, the ~umes River, the Appomattox River and ~&jor contrib~tories s~o~ as swift Creek and Palling Creek Reservoirs; the blueways and the possibility of designating %~e Appomattox RiYar as a canoe river; and the James River envisioned as a linear trail that could po~bly be connected to Henricus Historical Park, When asked, he stated parts of Zwift Creek were part Of the blueways and noted the defined areas for greenways; the County's natural area~ and related to the Metropolitan Arma Bikeway Plan and the County's bikeway plan. He stated staff wes recommending approval the conceptual plan and referral ta %he Planning Cemmi~aien would take approximately ~we years. There was brief ~iseusaion relative to the rails end trail~ concept a~ it related to the C~X railroad, from Chester to ~atoaea, and identifyin~ t~is area for a future bikeway. being consistent with the County Comprehensive Plan but There being no one else to address thi~ iSSue, the public bearing wa~ clo~ed. 9~-653 effort on the proposal and stats~ he supported recommendation. There wes brief discussion relative to the conceptual approval of the Plan, how it related to the comprehensive Plan and fun~ing sources available for implementation of the project. On motion of Mr. Warren, seconded by Hr. ~arbcr, the ~eard approved the Greenways C0~eeptual Plan and ~eferred the Plan to the Planning Commission for their review and recommendation. 6.B. TO GON~IDER EXTENDING THE T~RM OF THE P~/~K GONGE~aION 8T~/~DC~NTRACTB FROM ON~..TO_.T~REE._Y~ Fir. Micas stated this date and time had been advertised for a publi~ hearing te consider extending the term of =he park concession stand contracts from one to three years. He further stated the Board of supervisors has traditionally grante~ concessicn~ to local athletic associations to provide food service at County Parks and to provide a source of revenue for volunteer organizations and the lea~es had previously been considered by the Board at w~ie~ time which included a three-ysa~ leame option to the County which it felt would bs~ter serve the organization's needs and which l~ase was approved by th~ Board, subject tO the standard lease, but including the three-year lease provision. ~e further stated ~taff had been instructed to review the associations and to bring back to the Board tho~e lenses whose lessees desired the three-year term. Be noted seven of the nine athletic associations have expressed a desire to have the three-year lea~e provision. Mr. George Beadles stated he felt an alternative method should be established to approve the ieas~s rather than the beimg approved by the Beard of Supervisors and expressed concerns regarding the number of athletlo/park facillties available within the County. The~a being ne one el~ t~ address this issue, th~ ~ublic chesterfield p~rks system for Bensley Athletic Association, Chesterfield Girls Softball League, Enon Athletic Association, E~trick Youth Sports Association, ~arrowgate Athletic A~ociation end Matoacu Athletic Association from one-year terms to throe-year terms for the operation of food concessions and subject to the County's standard lease. ~. Barber inquired as ho whether Chalkley Athletic Association and Chester Sports Boosters had opted for the rheas-year lease as well. Mr. Golden ~%ated all nine athletic a~ociatlons had Been contacted but dna to chan~es in leadership, some had not responded to the issue. F~t. Barber requested the associations who had not responded ~ =ontact~d and pFovided an opportunity to opt for the three- standard provision =o exclude assooiation~ with outstanding debts owed the County. Mr. Micas stated ~e lea~e~ did not 92-654 contain such a provision and staff would address it at the time of renewal. Nr. Daniel called for the vote on tho motion made by Mr. MoHale, seconded by H~', Barber, for the Board to modify the lease~ of real property in the chasterfleld par~s system for Be~sley Athletic A~sociution, Chesterfield Girls Softball League, Enon Athletic Association, Ettriok Youth Sports A~souiatis~, Hurrowgute Athletic Association and k~toaca Athletic Association from one-year t~-ms to three-year for the operatioe of food concessions and subject to the County's standard lease. Vote: Unanimou~ OF CHBBT~FIELD. ~978. ~ ~B~ ~R~TN~ ~ RE~CTIN~ ~CTIoN 20-19~ RE~TING TO ~ESTRICTIONS ON USE OF SEPTIC ~Y~TEHS Mr. Mi~a~ ~tated thi~ dat~ ~nd tim~ had be~n ~dverti~ed for a remtrictionm on ume of ~eptic mymtmms. He further s~te~ 19~9, =he County adopt~ an ordinance to regulate ~h~ use of septic SyStems within the County and which regulates contraction of s~p~i~ syst~ an~ requires periodic muint~nunce of su~ systems. He reviewed ~ reg~latlons and, mpecifically, relating to mobile homes and older oo~erciul an~ industrial properties. H~ ~en reviewed proposed ordinance and mtat~d it would allow lots with Fmhru~ 23, 1989 septic mymte~m to be exempted from the lot from ~e Director of Health ~at it is being operated according tO existing pe~itm and the sy~m i~ in compliance wi~ all applicable County and State regulations. He noted Nr. Beadte~ expresse~ conc~rn~ relating to the manner in which the date for the public hear~mg had been set for consi~eratio~ of this 0rdinanc~; that he fei= water meters should be a retirement for ~eptic systems; ~nd the pu~p~g of t~ in 9~ner~l, ~r. Dean Hawkins, repre~enting ~. an~ Mrs. Stev~ Bro~ wording of the ordinance and~ therefore, they ~u~purt=d the proposed amendment. hearing was clo~ed. ~. Daniel instructed the Co~ty Administrator ~o review the 1989 Septic Ta~ O~dlnance and to b~ing th= issue bu~ to the Board for a wo=~ session for consideration of ~ development of an amended septic tank policy. ~. Barber stated the dat~ for the p~blic hearing had ~en set when the Board met wi~ the Co~ittee on ~e Future and he felt the issue needed to be addressed at that time in effort to a~ist ~he Brows who were attempting to relocat~ their ~si~es~ within the County. On motion of ~. McHale, seconded by Mr. Barber, the Board 9~-655 8/26/92 AN ORDINANCE ?0 AMEND THE CODE OF TEE COUNTY OF CHESTERFIEID~ 197~, AS A~DED, BY AMENDING AND REENACTING SECTION 20-195 RELATING TO REeTHICTION~ ON USE OF SEPTIC eYeTEN$ BE IT ORDAINED by the Beard of Supervisors of Chesterfield dounty: (1) That Section 20-195 o~ the Coda of the County of Chesterfield? ~978~ as amended~ i~ amended and reenacted by a~tng a new ~ubsectlon (c) ~s follow~: ooo (o) Subsection 20-195(a)(1) ~hall not apply =a the renewal of a mobile home permit for a lot or to other zoning of a lot if the following elrc~mstancem apply: 1) In the ~ase of renewal of a mobile home permit, the permit was issued prior to February ]989. 2) A septio system ~as been constructed and operated on the lot pursuant to permits issued by the health department and is in camDlianoe ~ith applicable health department and county law~ and rsgulations. Th~ director of the health department determines that there will be no material adverse ~hange in the type or volume of resulting £rom =he use ol ~a lot an~ that continued operation of th. existing ~ptic system will net violate health depar~ent or applicable county laws or regulations. If, after the approval of a mobile home permit or other zoning request, the director ef the health department determines that in th~ typ~ or volume of sewage resulting frem the u~e of the lot and that tho nperatlon of the septic ~y~tem on the 1st violates health department or county laws or regulations the minimum ~ize and width requirements of subsection 20-195(a) shall apply. (2) This ordinanc~ shall b=cume e££ecti~e immediately upon adoption. $.D. TO CONZIDER AN ORDINANCE TO ANE~D THE CODE OF THE COUNTY OF CHESTeRFIeLD. 1978. AB ~MENDED. BY REPE~LIN~ C~PTER Mr. Mica~ ~tated thi~ date and time had been advertised fo~ a ~ublic hearing to =onslder an ordinunce relating %o taxicabs and other vehicles. Ne further stated the Richmond Regional ~lunnlng Dim~rlct Co~iaslcn'n Taxicab Advlso/-f Beard' had ~eq~e~ted each jurisdiction to review their respective ordinances and propose changes to ensurs uniform regulation of taxicabs in the Ri=hmond area as the uniformity would enhance enforcement efforts in all jurisdictions and improwe the quality of service regionally as well ~ p~vi~ ~n ~ddi~ional measure of consumer proteotion. He reviewed the ordinaries and noted the City of Ric~ond and the County of H~nrico have reo~ntly adop~ed =he ordinanoe. 92-656 B/26/92 ~o One ca~ Sorward %6 speak in favor of er againot the ordinance. After brief discussion, On mc=ion of ~ir=.' Barber, ~o~ded by Mr. colbert, the Board adopted the fOllOWing ordinance: AN ORDINANCE TO h/~END T~E CODE OF T~Z COUNTY O~CH~$T~FIE~D, l~7S, AS ~ENDED, ~Y R~P~ING C~TER 19 ~D ~OPT!NG C~TER 19.1 R~TING TO Chesterfield County: (1) ~at Chapter 19 of the Cod~ of th~ountv of Chesterfield, 1978, as am~nded~ is hereby repealed and a new Cha~ter 19.1 i= enacted to read a~ follows= Chapter 19.1 T~I~B~ ~D OTHER V~HIcL=s ~oa sI~ ~ 19.1-1 Definitions. ~ 19.1-2 Applicability of ~ 19.1-~ Certificat~ of p~llc conv~nienca necessity. ~ 19.1-5 Approval Of Co10~ scheme, number, etc., by chief o~ polio~. ~ ~9.1-6 Taximeters. ~ I~.1--7 ~te~ --Generally. ~ 19.1-8 Same--~numerated~ ~peclal di~¢o~n~ for elderly ~a~ng~rs and disabled ~ 19.1-10 Roof light; fa~l~e, etc., to use. ~ 19.1-~ Zolioitation. ~ 19.1-1~ Taxicab ~ 19.1-13 Carryinq of ~ore than one ~ 19.1-14 Limitation on nu~er of passengers in front and ~ 19.1-1~ Tran~portatlon of passengers by most direct route; 9a~gnt of toll =barge. ~ 19.1-16 Nonpaying passenger~. ~ 19.1-~7 R~f~$al uf driver~ to m~e trip~; preferen=e ~ 19.1-19 Drivers to remain with ~ 19.1-2Q Driving, etc., un,er influenc~ of intoxi~ating ~ 19.1-21 DUty o~ ~river as =o use of fo~-~i~e car for etc., purpose or for ac~isltlon. ~ 19.1-22 Driving with f~rmarm~, etc., in po~e~s~on ~ 1~.1-23 Du~y of ~river =o k~p ~axi~ab clean, etc. ~ 19.1-24 D~ivers not to drive longer tha~ ~irte~n hours in twenty-four. ~ 19.~-2~ Hindering, retarding, etc., transportation. ~ 19.1-26 Certificate holder of hav~ telephone li~ti~g. ~ 19.1-27 Monitoring radio dispatches. ~ 19.1-28 Loot and found ~ 19.1-29 Application of traffic laws. ~ 19.1-38 Record of calls to b~ kept. ~ 19.1-~1 Public Liability insurance required. ~ 19.1-32 Driver'~ ~ 19.1-94 Same--Inve~tigatio~ uf applicant; issuance p~it; oon~ents and display. ~ ~9.~-95 Refusal of permit. ~ 19.1-3~ Revocation of pe~it. 92-657 8/26/92 Ieeuanne of permit after refusal; reissuance after r~v~¢ation. Probationary permit. Refusal of certificate of necessity. ~evoeatioD of c~rtlficat~ of Issuance of certificate aft~ refusal; reiseuance after revocation. Procedure upon refusal or revoc~tioh cf certifi0ate or permit. False statement in application. compliance with chapter requisite to use cf terms "taxi", "taxicab", etc. in advertising. Enforcement. Penalties. Unlawful for certificate holder to permit driver to violate chapter. Exceptions. Reciprocity. Authority of chief cf polloe to make rules and regulations. Definitions. ~or the purpose of thi~ chapter, the following words and phrases shall have the meanings respectively ascribed to them by this $~¢ticn: Certificate. The c~rtificate of public convenience and autherize ouch ewnero te engage in tho buoineoo of providing for-hire car service in tlxe county us provided in this Cer=~f~oate holder. The owner of one or more for-hire public convenience and necessity to operate one or more for- hire ~ar~ under tbs provi~ion~ of thi~ chapter. ~ar i~ available for pnblic h~r~ in th~ county or ~s being used by the public in the oou/~ty. Per-hire oar. A passongor-carrying, self-propelled motor vehicle maintained fo~ ~i~e by the public and operated upon the ~=reeto of the county in the transportation of passengers property operating as public ca:tiers un~r a certificate ef public convenience and nece~slty i~sued by the State Corporation Commission or under a franchise ~ranted by the county. ~. Any vehicle, machine, tractor, trailer or semitrailer ~roDellad or drawn by mechanical power an~ used upon the public roads of the county and the roads open to the public on the property of public bodiem, including t~e capital Region Airport Commission, in th~ tranmportation of pa~=engers Or property, but does not include any vehicle, looomotive or car operated exclusively on a rail or rails. Owner. ABy person ia the business of providing for-hire car e~rv~ce and having control of the operation or maintenance of fcr-hlre oars and ineludlng the purchaser of any for-hire car under a conditional sales contrast or other title- reserving agreealent, and persons controlling the operation ef independ6ntly owned vehicles through methods such as, but not 92-658 8/26192 Perssn. Every individual~ firm, partnership, association or corporation and ~v~ry owner, certificate hoider and driver. Re lar service. The provi~ion of a minimum of two trips per week, for ak least two consecutive months, with the same individual. Tuxicub. A for-hire passenger-carrying, self-propelIed ~oto~ v~hlcle, not operutlng on a regular route or between fixed terminals and having a seating capacity Of net more than six (6) passengers. Taxicab stand. A ~tand designated for the sole use of taxicabs in accordance with this chapter. ~ee. %9.X-2 Applicability of chapter. The provisions of this chapter are adopted in the exercise of the police power g~anted to the county by charter and general law. This chapter is not intended to grant or offer a franchi~ to ~se the streets, but it is intended to regulate the ope~atlcn of taxicabs an~ other for-hire oars, The Board of S~pe~vi~cr~ reserYes the right to amend er repeal this cha~ter at any ti~e. Upon the repeal cf t~ie ~hapter, all privileges granted hereunder shall cease and terminate, The operation cf taxicabs and other for-~irc cars within the county shall be subject to the condltlon~, regulations and restrictions set forth in this chapter. ~so. 19.1-3 ~t~f~sete of public somveniance a~4 neeessitx. (a) Required. It shall be unlawful to operate or cause to b~ operate~ within the county any for-hire uar unless a certificate of public cenveni~nce and necessity has been i~ued to the owner thereof by the chief sf pollse covering the operation of such vehicle and ~nless the conditions, regulations and restrictions se~ ~orth and prescribed in this chapter have been complied with by such owner. The number of feb-hire vehicles, and it shall be ~nlawS~l to operate or cause to operate mere vehicles than the number p~svided in the certificate. Additional for-hire vehicles may bs operated by a oerti£ica~e holder only upon written application on a form provided by the chief cf 9slice, a~preval ef such applicatiun, payment of fees pr0vi~ed hereunder and compliance with all other provisions of this e~spter. (h) ~x~ira~ion~ renewal. T~e initial certificate of public convenience and necessity shall last until Ja~y $1 following ~%~ issuance and ~ay be renewed thereafter annually. The chief of police ~hall prescribe a form to be used ~n initially applying for the cartlfi~ate and a form to be used in applying for a renewal. (o) InterruDtlon of use; !apsin~. A certificate of public convenience and necessity shall lapse with ~espeet to an individual vehicle er any one o£ the specified number of vehicles for which the certificate has been issued whe~ the particular vehi01e has nut been used to provide taxicab service for sixty (60) or nora consecutive days. (d) Nontransferable. A certificate of public convenience and necessity shall not ~e ~rana~erahle. (e) Fees. In addition to any other fees pr~orlbnd elsewhere in this Code, each applicant for a certlf~cate of p~blie convenience and necessity shall pay an initial 92-659 8/26/9~ appl{catlon f~ of f{fte~ dollar~ ($15.00) per vehicle li~ted such certificate shall pay the s~e fee. (f) Limitation of number issued. When it appears that it is in the public interest to limit the number of owner's certificates issued by the chief of police, the Board of s~pervi~ors may, if it finds after an advertised public hearing that it is in the public interest, press=ihs the maximu~ number of vehicles for which such certificates are to be issued. Thereafter, no ne~ certificates shell be issued until the total number of vehicles for which certificates are outstanding is less t~han the prescribed number; provided, that renewal of an existing certificate shall not be regarded as a new certificate for purposes of ~is section. (g) Minimum specifications for vehicles. It shall be hire vehiole unle~ the v~cle ~ a four-door~ hard top ~pecifications: 1. Head room: Front - ~hirty-aight (38) inche~, rear - thi~y-~ight (~) inches. 2. L~g room: Front ~ forty-one (41) inch~, r~ar - foray-one (41) inches. 3. Shoulder room: Front - fifty-seven (57) in,es, re~ - fif~y-s~ven (57) inches. 4. Hip room: Pront - fifty-five (55) inche~, rear - fifty-~iv~ (55) 5. Entrance height: Front - ~irty-five (35) inches, rmar - ~irty-~ive (35) inche~. Offioial i~terior dimensions from ~e man, fast,ret Every for-hire car for which a certificate has bee~ granted by ~e county shall be inspected by the shier of police, or some m~b~r of the division of police designated by him or such uther reputable agency as the chief of ~ollce may pres~ibe. If such v~icle shall be found to be in an unsafe~ un,it or unclean con~ttiun, or to hsve torn ~eat~ operated thereafter untll such defect has ~en remedied. ~ec. 19.1-~ As~g~ent of color schwa, n~er, eto.~ by ~hief of ~oliee. (a) There ~hall be displayed on every for-hire car thereof and indicating that such vehicle is a for-hire car. Taxicabs shall u~e only the word~ "taxi", ~cab' or "taxicab" to indicate ~t such vehicle is a for-h~re car. The color and the position thereof on ea~ ~uch v~le ~hall be operated u~der the provi~i0~s 0f this chapter unless and Taxicabs i~ service under a valid certificate on ~e ~ffective date of ~i~ provision shall b~ brQugh= into cumplian~ with all color and silage specifications no later than January 1, 92-66~ 1993. The failure of any owner to Oo~ply with such assigned ~pecifioati0ns al~ ~kall constitute a violation of bhla (b) Ne vehicle ~hall be operated unde~ the provisionm of this chapter unless the chief o£ police has first assigned to suo~ vehicle e decal which shall be affixed to the rear b~per and which shall contain a number regi~tere~ wi~ the chief of police. Such decal shall not be transferred to a~other vehicle, shall b= dlaplsyad at all times, and shall not be removed except when each vehicle is no longer ie service in ~hs csr~i~ics=e hotder~s fleet or except u~o~ direction of chief of police. (c) It shall be unlawful to operate a v~icle which not neet the requir~ents of ~is section. Every taxicab shall be e~ipped with a taximeter prescribed by the ~ief uf 9olice by which the charge for h~re is mechanically or eleotrohically calculated, bot~ for d~st~c~ traveled and fur waiting time, an~ upon which =ach ~harge ~hall be indicated by means of fi~es clearly ~eeha~ieal or electronic device by which ~e dr~v~r Of shall ~ kept in an operating po~tion at all times d~ing the trun~Dortation of Daying passengers. It ~hall be unlawful for a ~iver to fail, refuse or n~glect %o p~t ~he taximeter operation by mean~ of ~e device when the t~ansportation of every passenger i~ be~ i~ th~ Qoun~y and to keep the ~evice in an operating po~tlon at all times during the inspected and validated for accn~acy during such inspections may require ~e meter's accuracy to be validated by ~uch independent t~sting agencies as may b~ a~proved ~y the ~hief o~ police. In t~e event su~ independent testing agency i$ used, the owner shall pay ~m costs of ~uch validation. Any taxicab found to have a defective taximeter ~h=ll not oDerated as a for-hire car until such defect ~ corrected. ~ec. 19,1-7 ~tem--Genermlly. ~xuept as o=herwise provided for in this chapter, ~ate~ to b~ charged to passengers engaging a for-hire car shall be ~ix~d, 9r~scrlb~d or established by the Board of and it shall be unlawfu~ for the o~er or driver of any prescribed or established. (a) ~e rates %o be charged passengers by certificate holders or drivers of ~axicab~ shall be as follows, and it shall be unlawful for a c~rtifieat% holde~ to permit or a driver to ~k~ any greater or lemmer ~arge for transportation of pa~n~r~ and baggage~ For th~ first one-fifth nile For each succ=edin~ one-flf~ mile For each One minut~ of waiting time $0.30 Waiting time shall include the time consumed while ~e taxi=ab is waltln~ for a ~a~enger bagi~ing five (5) minutes called and the time cons~ed whil~ it ~ standing at direction of ~he pad,eager. Waiting time ~hall not include, and nv ~hargs shall b~ mad~ for, the time lost on account of inefficiency of the taxicab, or itc operation, cr tine consumed by premature response to a call. No charge ~halt be made for mileage while waiting time is being (b) For a trip originating between the hours of ~:0~ p.~. and 6:00 a.m. of the day following, in addition to the charges registered on the meter, a surcharge of fifty cents ($0.50) per trip shall be added to compute the fare for such trip. (c) The owner cf any taxicu]~ may, upon receipt cf satisfactory proof that a person is sixty-five (65)' years of age or older, or disabled, issue to any such eligible person a coupon book or script entitllng such person to transportation and eer¥iees of the value of fiwe dollars ($5.00) for a consideration of not les~ than four dollars ($4.0~). For pu~peee~ of eligibility ~der thi~ chapter, disabled pe~ons include individuals who are physically, hearing, mentally, or visually impaired. The following identification may serve as satisfactorY proof of age er disability: a valid driver's licease~ a valid GRTC Senior Citizens ID er Medicsre Card~ a valid G~TC Handicapped or Disabled Identification Card; or a velid identification card issued bM a public transportation provider to meet the requirements of the Americans with Di~abilitie~ Act. (d) The owner of any taxicab may enter into ~Titten contracts with organizations and companies to provide taxicab services on a negotiated basis. The owner of any taxicab may enter into written contracts with individuals to provide, em n negotieted basis, regular service, as defined in Section 19.1-1. off~ees of th~ taxicab company during the terms of the contract and for twelve (12) months after termination of tho eo~tra~t. The rates to h~ charged for such services under written contract ~hali not be £ixe4, presuribed, ur established by th~ Board of Supervi~or~. A~ required by section 19.1-6, taximeters shall be in operation at all times d~ri~g the t~&~sp0rtation of passengers; however, the 0barge for such services shall he governed by the written ~ontract, a~d ~et the taximeter. Section 19.1-9 ~ame--Displa¥. ~e £or-hire car shall be operated on the streets cf the count~ in which there i~ not displayed at some conspicuous point inside of ~uch vehicle, in full view cf the pa~senger or person hiring such vehicle, the rates fixed, prescribed or established for th~ u~e of any ~uch vehicle. Such rates shall alee De displayed on the eEterior of each side of for-hire cars in a manner to be approved by the chief of police Each taxicab shall be equipped with a light prescribed by the chief of pollce mounted to the roof of the taxicab which shall indicate to the public that the vehicle is or is not under hire. The roof light shall be lit when the car is available to the publle for hire. It shall be unlawful for a driver to fail, refuse or reflect to operate such roof light or to operate much light in a misleading manner. Sash light s~all De inspected during such inspections provided in Section 19.1-4. Any taxicab feund to have a defective roof light 92-662 shall no~ be operated as a £or-~ire sar ~ntil such defect is corrected. No driver, or any other person on behalf of a driver~ shall solicit patronage for any fo~-hi~e car by word, signal or otherwise ea any publle street or publiG property in the assigned in accordance with ordinances of the Board of 9~pervisors; provided, that this provision shall not be construed to prevent a customer ~rsm ha{llng a for-hire car. (a] The chief of poliso shall designate such places in the streets of the county a~ taxicab stands as will, in the opinion of the chief of policet best serve t~e convenience of the public and shall prescribe the number of taxicabs that may be parked or stopped in eae~ stand at any one time. (b) Any ~axicab for which a certificate of convenience and necessity has b~n issued shall have the privilege parking or stopping in any taxi.ab stand when space available therefor. I~ shell be unlawful Sot a driver =e or ~top a taxi. ab at Or near a taxicab stand when the number of texlcabs ~re~orlbe~ for the s~and arc perked or stopped in the Sta~d, 0ely taxicubs may park at taxicab stands. SaO. 19.1-13 ~rrying of more than one No person other than the flr~t p~rson taken into a %exlcah ~cr transportation shall be allowed to enter the i~=o =he taxicab~ and the sertificate holder shall not authorize or permit th~ driver of the taxicab ur any other person, nor shall the driver or any other person request the first person taken into e taxicab fo~ transp~rtetlon to allow any o~her to be transported in the taxicab. Should the first person taken into a taxicab for transportation dlrec~ the driver to allow another to be transported in the taxicab, the first person so taken into the taxicab ~hall be liable for the payment of the fare for the transpe~ation of all persons transported at the rate~ pre~crlbsd in section 19.1~, unless otherwise agreed upon by the driver and any one or all of the pe~on~ transported in the taxicab. See. 1~.~-14 Limitation on ~,,m~ez ef ~aseangsrs im fron~ It shall be unlawful for a driver to transport in then four (4) passengers in the rear at the same tim~. route; payment of toll shar~e. passenger fro~ the p~a~e %he pe~enge~ is receive~ in such vehicle to the destinetlon of the passenger by the most direct route, ~nles~ otherwise dirested by the passenger. When such transport the passenger across the toll when the agrees to pay the toll charge. Se~. 19,1-16 No~paying pa~enger~. passenger in any for-hire car, exsept a pslice officer engaged 92-663 adequate means of transportation. Sec, ~9,1-~7 Refusal of drivers to make trips; p~e~eren~e (a) No owner o~ driver c£ any ~or-hire car s~all refuse city oS Richmond or counties oS Henries and Hanover for a trip originating in the county; provided, however, no driver shall when it ~ay be physically detrimental to ~uch v~hicl~ to do or when it may endanger the driver or any of the occupants (b) Every certlficate holder and driver aha11 give the order of their receipt. · ec. 19.1-1~ Reoeiv~ng and ~issharging passengers. ~very for-hire oar shall receive and discharge passengers only at t~e right-hand curb of the ~t~eet and only When at a full stop; except that passengers may enter or leave a taxicab from ~e left E~de at the left-hand curb of a one-way street. The driver 0f any for-hire car ~hai1 r~ain in the vehicle or wlth{n five (~) fee= of ~ame a~ all tlme~ while such car is on the streets while under hire or parked at a passenger hiring the v~icle in loading or unloading I% shall be unlawful for a driver to operate and drive u ~or~hire car at any time while un~r the influence uf any duty to provide taxicab se~ice, whether or not actually for-hire car at any time wi~ ~y alcoholic beverap~ ~n any taxicab. lewd, etc., pu~ose or for ac~s~tlon, etc., of It ~hall be unlawful for a ~iver to pe~it a for-hire or to knowlngly acquire or transpor~ for another in a for-hire controlled substance. $~. ~9,~-22 Driving with flre~s, e~c., ia ~ossession of It shall be unlawful for a driver to ~perate and drive a for-hire =ar at any ~im~ with a fir~a~, ~irk. bowi~ ~unch~a, nun~u~, ~hvriken. t~owing ~tar, oriental dart, bio.jack, bras~ or metal knuckles ur ~ife with a blade longer than t~ee (3) inches in len~h in his po~se~sion, or 92-66A in the for-hire car; provided, that if the driver of a for- hire car i$ regularly employed as a sworn police officer, driver may have in his possession any firearm issued to him for the usual and oustomary psrforman¢~ of duties as e sworm polioe officer. Be~. 19.~-23 Dut~ of drivers to keep tawicah clea~, It shall be unlawful for a driver to ~ail, re,use or neglect to keeD any vehicle which he operates ~der the previsions of this chapter clear and efficiently lighted at night. Be~. XP.X-24 Drivers not te drive lo~qer than thirteen hours No certificate holder shall reguire a ~river to, and driver shall, drive a taxicab or remain on duty for p~oses longer ~an thirteen (13) hours in any twenty-four- · eo. 19,1-z5 ~i~e~iag~ retur~ing, ~t=., No person ~hall in any way intentionally hinder, retar~ interfered with, %he furnishing of tr~n=portatio~ by any ta~ioab or ~or-hire car. Improper, misleading, false or unau~orized calls for taxicab ~ervi~e ~all be prima facie evld~ce of the intention =o hinder, retard or interfere with ~e proper operation of a taxicab and ~he f~nishlng transportation th~eby. ~e~. 19.1-26 ~artifi~ate hol4e~ to have telephone llstlng. Every ce~tificat~ holder shall provide and mai~tai~ all times a listed talephone ~n the name in ~hich the oertificate holder is doing fo,-hiring business, by which calls may be made for for-hlr~ s~ioe, which =elephone listing, if the c~ificat~ hold%r operate~ flv~ (~) or for-hire oars, shall also appear in ~e classlf~ed telephone directory. It ~hull ~ unlawful to have radio frequency soa~i~g similar electronic devicem ~n a for-hire vehicle. I= 6hall also be unlawful to monitor radio co~unications between a di~atuher and u for-hire v~icle or between two (~) ar more for-hire vehicles for the purpose of responding to a call for for-hi~e ~e~wice wit~0~t ~ pe~ission of the participants the co~unlcatlon or of the ¢0~pany for whom they are ~pl~ed. (a) It shall be ~lawful for a ~iver to knowingly fail, refuse or neglent =o preserve any ~roDerty left in a car by any passenger and ~o t~e~eaft~ deliver it to the certificate hol~er. (b) ~ach certificate holder shall carsfully pres~e all prope~y left in a for-hire car by any passenger e~ ~o the certificate holder by a driver, which property ~hall k~pt b~ the certificate holder at some convenient place :h~ county where it may be called for by ~ owner. When property shall have been identified and o~=hi9 established, it ~hall ~ promptly deliver6d t0 its o~r. ~y property which shall no% be called for w~thln thr~e (3) months may be disposed of according to law. 92-665 8/~6/92 Se~. 19.1-~9 ~pplieatiem of traffio laws. L~ery for-hire operating on the streets of the county shall be subject to all laws and ordinances regUlating traffic applicable to other vehiele~. (a) The owner and the driver OS a for-hire ear shall keep a "manifest", which sh~11 be u permanent record of the transportation of each passenger. Each manifest shall include: (1) The name of the driver of the for-hire car. (2) The number of the for-hire car approved by the chief of police. (3) The address or place where the transportation of each passenger originated, and the ~ate and time (4) The address or place, dame and time the transportation of e~eh p~ying passenger terminated, which shall be recorded on the manifest upon the termination of each suc/~ transportation and before transportation u~ any c%her paying pa~enger begun. (b] A manifest shall be carried by the driver in the for-hire car at all times during the operation of such vehicle and a ~eparate manifest shall b~ kept for each day of operation cf the vehicle; provided, that a driver eperatln~ a for-hire car at midnight may continue to use the manifest such work period; no later than twenty-four (24) hours after the final entry on a manifest, it shall he delivered to the main office of the for-hire o~n~er. ~e nanlfe~t, whether in p0sses~io~ Of tbs driver er at the place from which the business i~ conducted or directed, ~hall be ~ubj~ot at al/ t~mes to examination or ~nspeot~on by the chief of police or hi~ designee. Each manlfe~t ~hall be kept and pre~erved for twelve (1~) months, and thereafter any manifest involved in say investigatiun made or being made by any police officer shell be kept and preserved fc~ ~ueb length Of time as the chief of police shall re~uest in writing to the certificate holder. No Owner of a for-hire car nor driver shall exhibit a manifest or ~e =ompellsd to s~/~ibit a manifest except to chief of police or to such person as the chief of polio, may Sec. 19=1-~1 Publlc l~ab~lity insurance resulted. No owner shall be permitted to opiate s for-hire oar secured and deposited wi~h the chief of police a certifi0ate of insurance against publlc llabillty and property damage for each much vehicle so eperate~ within the county, issued by a insurance shall be issued to such owner on each for-hire owned or operated by ~uoh owuer within the cuunt~ and ~hall provide for the pa~n~ent of any flea1 judgement, not to the sum of one hundred thousand dell~r~ ($100,000.00) for injury er death to any one per~on~ the mum of five hundred thousand dollars [$~00,000,00) for a total public liability for any one acc{dent, the ~ of fifty thousand dollars (eD0,000.00) proper~y d~mmge in any a==iOen~ and th~ sum of ten thousand dollars ($10,000.00} for cargo liability, which damage to property for which such owner and d~iver~ may he 9~-666 8/~6/92 hire car within the county, or by reason of or growing out of the careless or negllg~n~t op~ratlsn of such vehicle by such insured or his agents, drivers or e~ployees within the county. Such ~ertifica%e of insurance shall contain a clause obligating the company issuing ~he same to give ten (10) days' written notice te the chief of police before cancellation ~hersn~. The insurance certificate~ regulrsd under Article of chapter 12 of Title 56 of the Cod~ of Virainia to be submitted to the State Corporation ~ommissiun shall accepted in satisfaction of this provision. sec. ~9.~-ZZ Dr~ver's No p~on ~hall d~ive a for-hire vehicle subject to ~e remitments of ~is chapter unless su~ 9~rson first a ba=i= taxicab driver orientation program, apgroved by the ~ief of police~ and obtains a driver's pe~it from the of police; provided, however, such perso~ may be i~sued a tempora~ or provisional pe~it fo~ a period not to exceed ninety (90) days during which parlud ~u=h ~erson shatl attend the basic t~xicab orientation prog~. The initial driver's pe~it ~hall last Tot ~welve (12) mon~h~ following issuanme and may be renewed thereafter a~ally. Attendance at ~e basic initial taxicab ~river orientation program or ~e follow-up taxicab orie~tatio~ pr~ram within twelve ~eq~i~ed as a condition of ~iver permit renewal. The chief of police zhall Dre~c~iD~ a form ~o be us~ in u~91ying for a renewul. Euch applicant for a driver's pe~it shall pay an initial a~91ica~ion f~e o~ ~wenty ~ollars ($20.00) and upon each a~ual request for renewa~ of ~u~ permit shall p~y a of %weney dollars ($20.00). The fee for replacement of lost, stol,n or da~g~d pe~it$ shall b~ ten dollars ($~0.00). pe~it shall be valid fo~ the operation of only %hose vehicles issued under this chapter. (a) A~plication for a driver's p~it ~hall show ~e following: (l) Full name of applicant. Pre.eat address. ($) Ag~ and place of birth. (4) Places of previous address and emplo~ent for ~e past Iive (5) (5) Height, weight, color of eye~, color of hair and (6) ~ether or not applicant is in good physical con~i~iun. (7) ~ether or not applicant has good hearing and good the pari~ of two (2) years last past, addicted to the use of intoxicating li~ors, d~gs or other forms of naruot~cm and~ ~f so~ tc what ~xtent. (9) ~ether or not a~plicant h~ ever been convicted of, 9leaded guilty to or entered a plea of nolo contenders to, any larceny, robbe~, assault, battery, crime of moral tu~tude, felony o9erating a v~hiclu while undar th~ influence as may be re~ired by ~e chief of ~ulice. (10) ThC record of applicant with respect to traffic be permitted tc operate a for-hire car including viulations of this chapter or tho provision~ of any other law in this Conunonwealth governing the operation of for-hire cars. (11) Whether or not applicant ha~ previously been employed or licensed as a chauffeur and, if so, whether or nut any license or permit iss~e~ for pu~lso~e has aver been revoked or suspended for any (12) What experience, if any applicant hag had in the operation of motor vehicles. (13) The name and address of owner for the for-hire different, the name and address of the company for whom applicant will be driving. (h} Each applicant shall apply for a driver's permit in per,on and have hi~ flnge~prJnt~ taken~ which fingerprints shall constitute a part of his application, and each applicant shall have filed with is application two (2) recent phot~raphs of himself of a size designated by the chief of police, cna (1) o~ which shall be attached to and shall become a part of the application, and the other of which shall be attached to the permit, if issued, in such a manner that no other photograph may be substituted thereof without probability of detection. permits montents aod display. (a) The chief of ~olic= of th= county, UpO~ the filing of an application as set £orth in the preceding section and after notice to the applicant and opportunity afforded the applicant to bo heard, shall promptly make an investigation the matters stated therein, and if the chief of police ~hull find, upon such investigation, that the applicant possesses t~he necessary qualifications on the basis of the information furnlshe~ in the a~plloation and the inves~igatlon %heree~, the chief of police shall issue a permit card, which shall boar a number and which ohall contain the name, home address, busine~ address a~d a photoqraph of th~ applicant, and the name of the owner of the vehicles ts be operated by the applicant, and, if different, the name of the company fur whom applicant will be driving. The driver shall post his pelrmit card in full view of the passenger in any for-hire car which is being bperated er is in sharqe of the applicant. The permit shall b~ valid only fur the c~uration cf such vehi01es owned by the person o~ persons listed on s~oh permit card and shall no% be valid fur operation of any other for-hire vehicle until ~uch time as the d~iver has p~ovided w~itten notification, on a form provided by the chief of police, and shall have had the name of the owner of such other vehicles indicated on his permit. (b) The possession by a person o~ a valid, current driver's licens~ i~ued by the ~tat~ Department of Motor Vei%iules shall create a preeumptlon that ~uch permon has the minimum physical and mental quallfications provided herein for ~rivlng a ~or-hire car but, if the chief of police has as to an applicant'~ physical and/or mental capabillty~ then the chief cf police may require the applicant to submit to a physical examination by a licoDse~ 4ocher cf medicine and verify by written r~port filed by such doctor the applloant'e physical or mental capabilities. 92-668 8/26/92 8cc, 19.1-3~o Refusal 'of @at,lit, ~ubject to the p~ovision~ of ~ection 19,1-42, the chief WhO has filed an application, as set forth in the preceding section, if, based Upon the application and after investigation the chief of police finds any of the following~ The applicunt has been convicted of, pleade~ guilty to, Or plea~ed nolo contenders within the past three (3) years to any felony; (b) The applicant has been convicted of, pleaded guilty to, or pleaded ~olo contenders within the past twelve [1~) months to any larceny, assault, barrel,J, crime of moral turpitude or illegal pomeranian of controlled ~uba~ances where such crime is other than a felony; {c) The applicant has been convicted of, pleaded guilty to, or pleaded nolo contenders within the past twelve (12) months to operating a motor vohiol~ while under the influence of alcohol O~ d~gs~ (d) The applicant has been convicted of~ pleaded guilty to, or pleaded nolo contenders within the past twelve (12) months to thre~ (3) or more moving violations under th~ ~otor vehlcle laws of t. his commonwealth other than these involving operating a motor vehicle while under the influence of alcohol or drugs; (e) The applicant ha5 been convicted of, pleaded guilty to, or pleaded nolo contenders within t~e past twelve (1~) months to three (3) or more violations of this chapter or of any other local law in this Commonwealth governing the operating of taxicab~ or other for-hire oars; (f) The =Dplicant knowingly makes, or causes to be ~ade, e~thar directly or indirectly, any false ~tate. ment un his application; or The applicant otherwise lacks the following minimum physical or mental qualifications: Drivers shall have no mental, nervous, organic or functional disease likely to interfere with safe driving. (2) Drivers ~hall have no loss or impairment cf use of foot, leg, fingers, hand or arms or other etz~letural defect or limitation likely to interfere with ~a£e driving. (3) Drivers shall in all other re,pests sutisfy the ~inimum physical and mental requir~ments for issuance of a driver's license by the State Department of Eotor Vehiclos. (h) The application i~ 1ese than eighteen (18) years of age; or (i) The applicant does not poa~e~a a valid and ¢~rrent driver's license issued by the State Department of Motor Vehicles. ~ec. 19,1-36 Revocation of permit. Subject to the provi~ion~ of ~ctlon 1~-1-42, the pOr~it Of any driver of a for-hire car shall immediately become void 92-669 S/26/92 any of the following: (a) The driver im convicted el, pleadm guilty to er pleads nolo contenders to any felony; pleads nolo contenders to any larceny, ba~tery~ ~rime Of ~oral turpituoa or illegal porte,Elna of centro51ed ~ubstances where such crime is other tha~ a felo~y~ (o) The driver is convicted of, pleads guilty to or plead~ nolo co,tenders to operating a motor vehicle while under the influence of alcohol or drugs; (d) The driver it convicted of, pleads guilty to or plaad~ nolo contenders wiP_hin a twelve-month period to three (3) or more moving violations under the motor Vehicle laws of fhi~ commonwealth other than thooe involving operating a motor vehicle While under the influence of alcohol or dr~gs; (e) The driver is convicted of, pleads guilty ~o or pl~ad~ Dole contend~r~ within a twelve-month period to thr~e (3) or mere violations of this ~hapter or of any other local law in this Commonwealth governing the operation of ta~isah~ or other for- hire cars or vehicles; (fi The ohiof of police finds, after investigation, that the d~iver has made a charge above or below the rates prescribed by Section The chief of police finds, after investigation, that the driver knowingly made, or caused to be made, either directly or indirectly, any false statement on the application for a permit which was issued; or (h) The chief of police f~nds, after in~eotlgatlon, that the driver no longer po~mem=e= the physical or mental qualifications prescribed in section 19.1- ~(g); or (i) The driver no long~r possess a valid and current driver'o licenoe immued by the State Department of Motor Vehicles. Except as provided in section 19.1-38 below, any person refuted a driver'n permit under the provisions o~ $~otien 19.1-35 or whose driver's permit is revoked under the provi=ion~ of 8action 19.1-~6 shall not be eligible for refusal of a permit under Section 19.1-35 no longer apply; provided, however, that if a driver's permit is refused or revoked for knowingly making, er causing to be made, either directly or indirectly, any false statement, or for making a charge above or below the rates prescribed by section 19.l-e, s~ok driver ~hall not be eligibl~ u~til twelve (12) mont~$ from the date of refusal or revocation. (a) The chief of police may issue a probationary permit to an applicant fe~ a driver's permit who fails to meet the 92-670 recommendation of a court who~e conviction of the applicant resulted in ineligibility for a pe~it h~rounder; provided, however, that a probationary permit shall not ~e. issued to any such applicant~ who hae~ within twelve (12) months of ~he date of applioatien, been convicted at trial Of a felony~ or who has pleaded guilty or nolo COntender= thereto. (b) ~e ohief of police may issue a probationary permit to a driver, following revocation of such drlver~e permit under Section 19.1-36(a), upon the reco~endatlon of a court whoso ooaviction of the 4flyer resulted in ineligibility for a pe~it hereunder; provided, however, that a probationary permit ~all not he issued to ~uch ~iver sooner than twelve (1~) months from the date of revocation of =he permit. (c) A pro~tio~ary permit ~hall be ~ff~ctive until time as ~e driver is eligible for r~issuance under Section 19.1-41; p~ovidad, however, that a probationary pe~it may be revoked at any time by the uhi=f of policm upon a finding of violation of any provi~ion~ of this chapter. 8~bject to th~ provisions of Section 19.1-4~, th~ chief convenience and necessity to a per,on or entity who or whi~ ha~ filed an ~D~lication therefor under this chapter if, after investigation, ~e chief of police find~ any of the ~ullowing: (a) Th~ applioant'~ vehicles do not me~t the stan~=r~s set forth in Sect~on~ ~9.~-4, 19+1-5, 19.1-6, 19.1-9 or 19.~- (b) Tho appllcation fails to meet the re~ulrements Section 19.1-26, 19.1~30 or 19.1-31; (c) ~e aDplioant has been convict%d, pleaded guilty to or pleaded nolo contenders within the ~ast tw~lvm (12) to ~ree (3) or more violations of this chapt~ or of any other local law in the Co~onwealth ~overning 5he eperation (d) ~e ~pplicant knowingly m~es, or oause~ to ~ made, application. ~ec. 19.1~4a Revocation of certlflca%e of p~llc c~nvenlen=e certificate of public convenience and nec~nsity t~diately become ~oid and shell be ~edlately upon the 0¢¢urre~¢e of an~ of ~h~ fallowing: (a) ~e chief of police dete~ines, after that any or all of the v~icle~ ~ubject to the certificate fail to comply wi~ Section 19.1-4, 19.1-~, 19.1-6, 19.1-9 19.1-18 and the certificate holder, after notification of violations, knowingly upstates, or p=~its to b~ operated, much v~iol~ prier to to,retting the ~iolation; (b) The chief of police detrain=s, after investigation, 26, 19.1-30 or 19.1-31, and the certificate holder kn~ingly after notification of such violation; (e] The certificate holde~ i~ convicted of, pleads guilty to, or pleads nolo oontendere within a twelve-month period =o three (3) or more violations of this chapter or of any ether local law in this Commonwealth governing the operation of taxicabs or other for-hire cars er vehleles; er (d} The chief of police finds, after investigation, that the certificate holder has knowingly m&de, or caused to be made, either directly or indirectly, any false etatement on the application for the permit whloh wax issued to such certificate holder; er Section 19.1-8 with t/~e kmewledge, consent or pe/'mieeion of the oertlficate · ee. 19.1-41 Issuance of certificate after refusal; Any pe~on ~efu~ed a certificate of public convenience and necessity under the provisions of section 1~.1-39 or whose certificate of public convenience and necessity is ~evoked under the provisions of Section 19.1-40 shall not he eligible for i$$~aDoe of a ~ew eerti£ieate until ~uch time as the grounde for refusal of a cert~flcats under Section 19.1-39 no longer apply; provided, however, that if a certificate refu~ed or revoked for know~ngly making, or causin9 to he made, either directly or indirectly, any false statement, or pre~crlhed by ~ect~on 19.1-8 with the knowledge, consent or permission of the certificate holder, such owner shall not he eligible until twelve (12] months Sram the date of refusal or certificate er permit. If an applica~ion for a certificate of public convenience eert~flcate of public convenience and necessity ur a driver's permit is revoked, the chief of police shall ~otify i~ W~iting the applicant or certificate er permit ~old~ e~ ouch decision, the rea~on therefor, and the right to a hearing if request therefor is made in writing to the chief cf pelie~ within t~n (10) days of th~ motley. If a request for a hearing is not made wlth~n ten (10) days Of notice, the de~i~ion of the chief of police ~hall be final. The hearing shall be held by the chief of police er his designee and the epplican= or certificate or permit holder shall have the right reasonablu time after the hearing, the chief cf police ~ha11 render his decision. In the event that the chief of police shall refuse to i~sue or shall revoke a certificate or permit after a hearing, the holder thereof ~y, within ten (10) deye after the date of such action, file with the circuit court of chief of poliee~ with a copy of such petition to be served on the chief of police. T~e filing of the petition with the cireult Court shall not post~ene the effective date of the de0i&io~ of the chief of polie~ except by order of th~ court. ~ee. 19.1-4~ False statement ia appli~&tiem, It ~hall be u~lawful for any p~son to ~nowingly make cause %e be made, circler direc=ly or indirectly, any false statement on an application for a certificate of public convenience and necessity or an application for a driver's ~eo. L9o~-44 Complianos vi~h ohap~er r~isits to uss of terms ~taxi~, ~lta~ioab~, gtc. in a~vertising. No person shall use the t~r~ "public vehicle", "taxi", "taxicab", "cab", "for-hire car" or any term of ~imilar meaning in advertising, nor shall any person, by any means, claim to be the operator or driver of a for-hire ear unless such per,on shall have complied with theprovisions of this chapter in~ofar as the same shall he The provisions of thi= chapter shall he enforceable by all sworn law enforced=ut officers to the extent of their authority includlng =pecial police officers who~e jurisdiction is limited geographically to certain areas of th~ co~ty, ~y person violatinq the provi~ions of this chapter shall be ~ilty of a misdemeanor and ~pon conviction ~e~eof be fined not more ~an on~ hundred dollars ($10O.oo) for first offens~ an~ not more than five ~n~ed dollars ($500,00) ~ec. 19.1-4T U~lawful for certificat~ h~l~r to peri= ~=ive It shall be unlawful fo~ a certificate holder to knowingly pa~it a driver operating such vehicle to v~olat~ the provisions of th~s chapter. ~e fo~egoin~ provisions notwithstanding, this Code of Vir~ini5 wi~ th~ exception of those li~ted in subsection (~) of sU~ s=ction nor to funeral vehicles, nor to co.on carriers of p~rsons or propertN operating as ~ublic o~riers by authority of the StaZe Corporation Co~ission under a fran~i~e ~anted by the county. This chapter shall not b= cons=rued to conflict with or be in derogation of any Albert co~ission pursuant to it~ ena~ling authority f0~ the operation of for-hire vehicles on its property looate~ in the Upon a finding by ~a chief of police that the City of Ric~ond, ~enrico County, and a~y county or city conti~ou= to Ric~ond or ~e~ico cowry or any of th~z has adopted an ordinance containing provisions comparabl~ to ~e ordinance and providing for reciprocity with th~ county, vehiclem for which a ~erson holds a cur~e~% a~d valid City of Ri~ond, Henrico county, any county or city cont~uo~ to Ric~ond o~ H~icu County Or a~y of the~ drlve~ who hold a current and valid pe~it i~eued by ~e cit~ of Richmond, Henrico Cowry, any cowry or ~ity contiguous Ric~und or H~nrico County ~r any of them will be deemed to hav~ complied with the certificate and pe~it retirements of this cha~ter and shall be deemed to posze~ COmparable certifioate~ or pe~its, m~ the case may be, ~ss~e~ by the by ~e City of Richmond, H~rioo County, any oou~t~ or city comtiguous to Richmon~ or Henrico County or uny of ~em shall permit ha~ applied for and been refu~ed u permit 92-67~ 8/26/92 certifiuats revoked by ~he county under the Dr0visions of the chapter and is not eligible for issuance of a permit or certificate by the county~ Sec. 19.1-5~ Authority of chief of police to make rules an~ T~e chief o~ police is authorized and empowered to make such rules and regulations concerning the operation of for- hire vshiclem as ars necessary and a~e not in uonflict with this chapter for the purpose of udmlni~terlng, executing and making effective the provisions of this chapter. Such rules and r~gulations ~o promulgated ~ay in~lude, without limitation, requirements for the provisions cf such safety devices a~ procedures a~ the chief of polic~ may deem necessary for the safety of passengers and operations; sdditlosal disciplinary rule~, sanction~ and procedures a~ ~ay dress, hygiene and general appearance of taxicab drivers. (2) This ordinance shall b~com~ Sffeetivo i~ediately Vote: Unanimou~ 6.E. ~O CONSIDER A~ AMENDMENT TO THE FYg2-93 BUDGET TO IMPROVEMENT~ AT THE ~H~ST~R~I~LD ~O[~NTY AIRPORT Mr. Ha~meT stated this date and ti~e had been advel~ised for a public hearing to consider an a~endment to the FY9~-93 budget to appropriate $3,076,000 in revenue and expenditures for ~provementE at th~ Chesterfield tounty Airport. ~e further stated stuff has been in contact with members of the Federal AviatioD Ad~inigtratien an~ State D~partment of Aviation acquisition and cle~ring, p~rime%er f~ncin~ and security gates, R/W 33 approach lighting relocation and upgrade, which improv~ent~ totaled $3,076,000, ($2,768,4Q0 o~ ~ederal f~Ddz, $153,800 in State f~nd~, and transfer of $~53,880 Of fo~ the installation of the Precision Instrument ~nding System pla~ed for th~ Fall of 1993, whi~ will improve safety at the Airport. Nc one c~e forward to speak in favor cC or against ~e There was brief discussion relatlve to the timefr~e for im~lemen~atlon of the Pr~i~ion In~:T~e~t La~ding System. on metros of M~. Daniel, s~oo~de~ by ~. McHale~ ~e Board authorized the County A~fnlstrator to apply for an~ accept ~oth Federal Aviation Administration (F~} and state Department of Aviation (~A) grants f~r 1992/95 improvement projects and to ente~ ~nto cost.ecrm with the federal and ~tate gover~ents for expenditure ~f ~aid fund~ authorized ~e County A~ni~trator to ~olicit bid~ for the Airport improvement ~rojects an~ to enter into a contract with transferred funds from ~he Tr~sportatlon Project Account, in ~e amount of $153,800, to the Airport capital Project~ fo~ mat~hlmg ~; and appropriated all ~al ~d State funds ($153,80Q) allocated for th~ projact~. votu: Unanimous DEVELOPMBNT BLOCK ~RANT ~. Stlth stated this date and time had be~ advertised for publi~ hearing to consider an amen~ent ~o the FY92-93 budget to appropriate $1,08~,B00 for ~e Co~ty's Co~ity Dev~lupm~t Block Grant Program. He further stated the adopted t~ Co~ty~ co~ity Development Blo~ Gra~t Pro.am at it~ meeting on July 22, 1992 and in order to proceed with ~e Pro. am, the appropriation o~ $1,082,~00 was needed. ~. George Beadle~ ~pre~sed uonoern~ relative to the se~ices regardle~ of location and stated he did not feel funds from the Co~i~ Development Block G~a~t Pro.am uhould ~ d~ignatmd for these t~es of uses. ~ere ~ing no one else to adam,s this issue, ~ p~lic hearing was clesed. ~. Daniel stated he felt ~e intent of the ba~i~, project~ on ~a ability of the County tO ~. M=~ale stated h~ felt f~ds from the Co--unity Development budget with the f~daral ~un~s being u~ed fo~ qualifying p~oj~cts and he felt ~e proposud use~ were appropriate. On motion of ~. Bar.r, ~e~onded by ~. Warren, tha am~nd~ the FY92-93 budget to nppropriate up to $1,08~,s00, lower depending on the level of funding approved by the State a~d Federal gover~ents, for the County'~ Co~ity Development Block ~rant ~rogram. Vote: ~animous TO OONBID~ /tN /%/~.N~,M~NT TO THE FYgZ-93 BUDGET TO ~G~ OF ~O~INATED SOIL ~ GRO~WAT~ ~, Stith ~tuted this date ~d time had been advertised for a publio hearing ~0 oon~i~er an amen~ent ~o the FY92-~3 budget to appropriate $2,000,000 in revenue and ~xp~ndit~res for Board re~laticn~ and ~h~ i~provements would re~ir~ contaminated a~ a r~ult of activities at the 0u~ont Plan=. He reviewed t~e process which would follow 4~vel0ping a ~0il and groundwater manag~en% Dian and stated the cowry had received eight p~opo~al~ fo~ providing the s~ices and indicated $EC Donahue had been selectad based on their aDD,oath and ~p~ri~nc~ wi~ project~ of ~i~ilar natures. He further ~ta~ed ~ estimated cost of semite was $R,ooo,ooQ with DuPont ag~ecing to puy any cost i~¢~rre~ by sp~ande Plant. ~. Warren ~xcumed himself from the meeting. 92-675 There being no one else to address this issue, the public hsaring was ol0sed. There was brief discussion relative to the procedure used ~n selecting the firms to provide these services. Mr. Warren returned to the mseting. on notion of Mr. MeHale, seconded by Mr. Warren, the soard uwardcd a profxs~ional servlc=s contract to SEC Dunohue for ~anagemen~ o£ contaminated soil and groundwater during construction of improv~ents at the Falling Creek Wu~tewat~r Treatment Plant and appropriated $2~OO0,QQ0; and authorized the County Administrator to execute the necessary documents. Vote: Unanimous NEW BUSINEES THE UA~ES RIVER SOIL A~D WATER OONSERVATION DISTRICT ~S~RYA~IO~ ACT O~ ~RicULTuP~ LAIRD ~. Mica~ ~ta=ed the Chesapeake Bay ~reservatlon Act designated the James Riv~= Soil and Water conservation Distriat as the responsible entity for me~ianin~ ~ effmc% of the Chesapeake Bay Act on agriculturul property. ~e reviewed ~he r01e of ~e Jam~$ River Soil and Water District and stated the ~emorandum would formalize the relationship currently existing und~ the Chesapeake ~ay ~res~va=ion Act and would pr0vid~ ~io~ r~lating to it rela~es =o development and activities on a~icultural land. ~e noted under ~is agre~ent, ~e cowry would agree, but not be limited to, mapping a~ioui~ral ar~a~ affeote~ ~esape~e Act and to work wi~ ~e Soil and Water conservation Di~triot implementing the Chesapeake Bay AO~ on agricultural property. He noted staff reco~ded approval of After brief discussion, on motion of Mr. Barb~, seconded by MC. ~oHal~, th= ~oard au~huriz~ %h~ Coun~y A~miniutrator to s~gn a Memorand~ of Understanding between ~emterfield County and %he James River soil and Wu%er Conse~u~ion Di~%rict, which defines the relative responsibilities of each entity Of the ~emorand~ of Understanding is filed with ~e papers of ~m Board.) 7.B. ~PPO~NTMBNTS CO~&HITTBE l~r. Ra~ey s%a~sd Mr. Eugene c. Autry, representing the County-at-larqe, on the Metropolitan ~¢onomic Development Council operating committee has resigned fro~ t~e Committee. On motion of ~r. MsHale~ seconded by M~. Barber, the Board a~epted ~he resignation of F~. Eugene C. Autry, representing the County-at-large serving on the Metropolitan Esonomie D~velopm~Dt Council Operating Committee. 92-676 8/26/92 Mr. Dmnlel stmted he felt the Board should consider ~illing the Vacancy with a business ~e~son and indicnted t/le ncqnination should be deferred for consideratien. serve on ~he Metropolitan Economic Development Council Operating Committee was deferred until Septe~ber 9, 1992. On motion of gr. Warren, seconded by ]~r. Mc~ale, 9.he board appointed Robert L. Dclbeare, Esquire, ~epre~enting %he Chesterfield Businems Co,oil, to s~rve on the co~ission .on Soils and Foundations, whom~ tm~ im ~ffe~tlve i~e~iat~ly and will ~e at t~e pleasure ~f the Boar4. Yore: Unanlmcue County to appoint a representative to serve on their Board of serving on the Board of bireu~ors ra~her than a member of the Center Board of Directcr~ wa~ deferred until September 9, 7.C. ~TREETLI~u'£ IN~LL~TION COST ~PPROV~9 O~ motio~ of ~r. Colbert~ s~conded by M~. McHale, th~ Bsar~ deferred ~he ~treet light installation cost approval for Pecan Terrace, in cul-de-sac, ia Clover ~ill District, until February 24, 199~; ~enied the street light installation esot approval for Oakland Avenue, on pole #13~2J, in k6atoaca District, and, further, approved the following str~t light installation cost approval~ with said funds to De expended from the designated District Street Light Account~: BER~STRICT * Treely Road, vicinity of 4000 NO co~t to install light. (It was noted Treely Roa~ was approved due C~OV~R HILL DISTRICT to safety Intersection of Brandermill Parkway and Old Hundred Road. Cost to inmtall light~ $2,~92.00 Intersection of Genito Road and Nahant Road Cost to instmll light: $390.~0 Vote: Unanimous 7,D. CONS ~'~T I TF~S; FALLIN~ (]REEK RESERVOIR NEAR CHIPPEN}L%M PARKWAY ~ND ROUTE 1/90I On motion of Nr. Mc~ale, seconded by ~r, Warren, t~e ~oard approved the transfer of $2,599 from the 1985 Bensley Park Improvements ~nd to a new project account for the completion of a hazardou~ waste survey of the site and adopted the following resolution: WH~R2A$, certain real property owned by ~e United State~, located i~ the County of Ch=sturfield, State Virginia, has been declared surplus a~ at ~e discretion of t~e General Servic=s A~inistrution, muy be assigned to the Secretary of the Interior for disposal for publio park or recreation p~po~e~, under the provisions of ~ection ~03(k) (~) Of ~e Federal ~rop~rty an~ A~inlstrutlve Se~ic~ Act cf 19~9 (62 Stat. 387), as amended, and rules and re~lationm follows: The property kno~ as a potion of Falling Creek R~se~oir~ located off of St. George street near ~ipp$~am Parkway and Rout~ 1/301 interchange. proDer~y is approximately 36.2 ac~e5. T~e GSA =ontrol nu~r is 4-D-VA-~C. ~S, the Cowry of Chesterfield needs and will utilize said property ~n perpetuity fo~ a p~lic park accordance with the r~i~ement~ of maid Act and the ~les amd regulations promulgated ~ereunder. NOW, THEREFO~ BE IT RESOLVED, ~a= =he County of Chesterfield shall make application to th~ Secrutu~ of the memtioned property for said use upon and subject to such conditionm, and restriction as ~e Secreta~ of the Interior, or h~s auehorized representative, ~ay re~re in connection with the dlsposal of said property under ~ai~ Act ~d rules and re~lat~ons issue~ pur~uan~ thereto. ~D, BE IT F~ ~SOLVED, ~at the County of Chesterfield ha~ legal authority, i= willing an~ i~ in a ~osition to a~ume i~ediate oa~e and maintenance of the property ~nd that Lan~ D. Ramsey, ~e~terfield County Admini~trator~ be and he is hereby au~ori~ed, for and on behalf of ~ County of Chesterfield, to do ~d perfo~ any and all act~ and ~ing~ which may be necessa~ to cnrry out ~he for~going resolution, including the preD~ing, making, and f~l~ng of plan~, applications~ report~ and ether doc~ent~, agreements, de~ds ~nd oth~ ~n~ent~ pertaining to the ~an~f~r of ~ai4 prQp~r~y, including filing of Qoples o~ the applioation and~e conveyance docents in ~= records of governing b~y, and the pa~ent o~ any a~d all s~s on accost of fee~ o~ Costs incurred in connection with the tran~r of ~aid pro~y for su~ey, title search~, recordation of instruments, or other ccst~ identified wi~ the F~eraI surplus property ac~isition. 92-678 ~/25/92 · O~" AT DUTCH ~AP B0~T On motion of ~, ~Hale, SU~ond=d by ~. Warren, ~e ~oard r~ested the Virginia Department Of Game'and Inland t~ ~ost a "NO Wake Zeno" mien for ra~eattonal boats at the Do=ch Gap Boat Laun~. Vo~e~ Una~imo~ T.D.4. ~CCEPT~/4CB A~DAPPROPRT~TION OF $75=000 IN ~R.0M..THB HENRICUB FOUNDATION FO~ ~M~HOVEK~5 TO On motion of ~. McHale, ~econ~e~ by ~. Warren, the Board appropriated $75,0c0 in donations from the He~icu~ to ~e Department of Park~ ~nd Recreation to be used for site improvements ($60,000 from ohain-li~ fencing to parallel to the roadway and $1S,000 for c~nst~ot~on of a 25 car parking lot) at Henricus Historical Park. (It is noted these site improvem~ts ar~ consistent wi=h a fea~iDly completed by a conuultant in 1991 and ~e ~arks and Recreatio~ Department, anticipates no rela~ed opera=~on Oost~ will be incurred a~ u result of these site improv~ents.) Vote: Unanimous 7,D,$, AWARD DF CONTRAOT TO GW~NDOLYN FAUBH, CPA. PeR ~UDITING gERVI~ER R~L~TIN~ ~0 B~N~O/PJ~FLE OPER~TIONB awarded the aud~tlng aervice~ contra=t to Gwendolyn y. Faugh, contract on behalf of the County ~u~ject to approval ag to fo~ by the CQ~ty Attorney. (It is noto~ that the cost of ~he contract to t~e cowry will be $25,000 in F~93~ apDroxi~tely $26,750 in PY94, ~2S,623 ~n FY95, $30~626 in FY96 and $32~770 in PY97; that these funds will be provide~ by the audit fees paid by bingo and raffle organizatlon~; and that a copy of the Reqn~st for Proposal is file4 with the pap~r~ of ~i~ ~oard.) Vote: Unanimous ~MINISTER THE I~T~ O~ F~S ~E~ THE ~ESTER~IELD CO~ 8UPPL~T~ RETIR~ ~ On motion of MT. McHale~ ~econd~d by ~. Warren, ~ Board authorized the cowry A~mini~tra%or to execute an annual contraot, ~n the approximate a~o~nt of $28,000, with Capital Management Corporation to ~nage and administer the inves~en= of funds under the ~esterfield cowry Supplemental Retir~ent Plan. (It is noted ~e estlmate4 annual fee for this s~ioe will be funded through additional i~t~rest earnings which will be obtained through high~ investment yields.) Unanimous PUBbIC RESOUR~ES ADVISORY GROUP FOR FINI~CIAL ADVISORY On motion of Mr. MoHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract with Public Resouroe~ Advisory Group for financial advieory services. (It is noted the savings generated by structuring advantag~ of federal securltle~ regulatlons which qenerally are typically charged to transaction expenses for general obliga~£on and revenue bond issues and lease purchase tran~actlons.) ?.D.8.~. ~O. ~M~ D~YOUNG ~OHNSOM GROUP FUR DXSZGM OF ~R~ NEW E~NSLE¥ FIRE on motion of M~. MeHale, seconded by Mr. Warren, the Board awarded an archlt~ctural contract to the Do¥oung ~obD~on Group, in the amount of $127~000, for the design and conmtruction a~ministration of th~ new B~n~ely Fir~ Statto~ ~3. (It is noted ~aid fund~ are available from the 1988 Bond Vote: U~a~i~o~s BED JAIL ANNEX On motion of Mr. MeHal~, seconded by Mr. Warren, the ~oard awarded an architectural contract to I. V. Harris and Associates, in the amount of $161,~00, fo~ design of tho 1~0 Mod Jail ~nex. (It is noted conmtr~ctlon funds are anticipated to be authorized in January, 1993.} Veto: Unanimous BUDGBT ~OR $CHOOL~k;D CO~TY FLEET CONSOLIDATION On motion of Mr. MoHale, seconded by ~r. Warren, the soard authorized the County Administrator to ~i~n a Fleet Maintenance Agreement butween the County and the school System, ~%~bject to approval a~ to form by the county Attorney and set the date of September 9, ~99~ for a p~blic hearing to consider increasing the fleet budget for consolidation of School and firu vuhiele maintenance by $2.~ nillion. (It is noted a copy of the Fleet Maintsna~oe Agreement is filed with the papers o~ thi~ Board.) 92-6a0 ~/~6/g~ 7,D,11,Ao TO CONS'rDEI.~ AN 0RDINANC~ 70 ~END THE ~ODI~ O~_T~ ~NTY ~F CHESTErfIELD, 1978. ~B mENDED, BY 21-145, 21.1-12~ ~ 21.1-1~TING TO STOCK not get a dat~ for a public hearing to oo~ider un or~inun=e to amend ~ Code off ~e County of Chesterfield, 1978, a~ amended, by amending and reenacting Sections 21-142, 21-144, 21-145, 21.1-125 and 21.1-128 ~lati~g to ~toek far~. 7.D,~A.B, TO ~NSIDER ~N ORDI1TANOE TO AMEND THE CODE OF TU~ COUNTY O~ ~E~TERFIELD, 1978, ks A~ENDED, EX G~LY TO CO~ITION~ US~ ~D D~ELOPK~ U~E EXCEPTION~ On motion of ~. McCall, seconded by ~. Wa~en, the Board set the date of Septe~er ~2, 299~ at 7:00 ~.m. for a publi= h~arlng to consider an ordinance to a~end thc Code of the county of Chesterfield, 197S, a~ ~n~, b~ amending and reenacting section 21,1-1~ relating generully to conditional use planned ~evelopmen= u~e exceptions. O~ ~otio~ of ~. McHule, seccnded by~, Warren, the Boar4 s~t the da=e of october 14, 199~ at 7:00 9.m. for a public hea~ng to consider an ordi~a~¢$ to ~end the Code of ~ha county u~ G~s=~rfield~ 1978~ as amended, by amending and reenacting ~ections ]1-3, ~1.1-1~7 and ~,1-281 rulating generally ~u the storage of discarded material. vote~ Unanimous ?.D.11.D. TO ~N~IDER ~E ~O~Z%rANCE OF A ~,B + P~%R~L OF LA~D IN THE ~IRPORT INDUSTRT~ ~E...TO ~W??.n~R~R ADMINI~TOR TO ENT~ I~O ~ ~aLR~ ~ONT~T O~ ~otio~ of ~. McHals, seconded by ~. Warr~, the ~oard set the date of September 9, I992 at 7:00 ~.m. for a public hearing to eo~ider the purchase of al~ that certai~ tract or 9areal of land to Chil~ss ~lein ~opertiez, containing approximately ~.5 acres, located in ~he Dale Maq~=t~ial District, at the ~esterfield Airport Industrial Park. voue: Unanimou~ ~2-581 8/26/92 On motion of ~r. Mortals, ~e¢0nded by Mr. Warren, ~he Board approved a raffle permit for the Monacan Nigh School Band soostere for calendar year 1992. ?.D.13. RE~.U~TS FOR PERMIT~ TO STAGE FIREWORKS DISPLAYS ?.D.i~.~. SHELTER COVE CAUSEWAY On motion of F~. MCH~le, Se¢0~ded by Mr. Warren, the ~ear4 approved a request for a pe~it by M~. Cindy Baster, of the Wo0~lak~ Co~ity A~ociation, to stage a fireworks display at Shelter Cove causeway on the Woodlake side of ~e ~wift Cre~ Reservoir, o~ S~p~emb~r ~. 1992, which re,est is ~ubject to approval by the Fire Department and the Cowry Attorn~y'~ office. Vote= unanimous approve~ a request fur a permit by Mr. Roger Bottorff, ~romotion Coordinator for South~ide $Seedway, to ~tage a f~reworks d~play at Sonth~ide Speedway on september 4, 199~, which request ~E subject to approval by the Fir~ Department and the County Attorney's Office. On motion of Mr. McHale, seconded by Mr. Warrsn, the Board approved an entertainment/~usical festival permit, to the Chsstcr£iel~ County Fair Association for the 79th annual Chesterfield Co~ty Fai~, f~om August 2~ through September 5, Vote: Unanimous 7.D.15. ~AT.E ACCEPTANCE OF SENATE STREET On motion of Mr. McHale~ seconded by ~r. Warren th~ Board adopted the follewinq resolutlon: %~{ERF_%S, Section 33.~-72.1 (C)(1) of th~ eod~ of V_~, ~950, am amended allows =he Virginia Department cf Transporeation to t~e street= into ~e Seoo~da~ system State ~ighway~; and ~S, ~esterfleld Co~ty and the Virginia of Transportation hav~ determined that Senate Street ~alifies for aooeptanc~ into ~e State Secomda~ System under ~ection $3,1-72.1 (C)(1) of ~e C~e O~ Vir~, ~9~o, as NOW, ~REFO~ BE ~T RE~OL~b, %hat the ~oar~ Su~i~cr~ Teq~est~ the Virqinia Depa~t~t of T~a~po~tation to a=u~pt Senate Street, b~gi~ing at ~ in%exseo~ion with Alcott Road t~en proceeding in a ~outh~rly direction for a len~ of 0.30 mils to the i~ter~otion of ~o=one Argue, into ~he S~ate Secondary System in accordance with section 33.1- AND, ~ IT F~RTH~ I~ESOLVED, that the C~estarfield County Board of Superviser~ gUarantees to the Comrmonwealth of Virginia a fifty foot ~es~riute~ right-of-way for this street with the n~ces~ary drainage easements. ~e right-of- way is reoorde~ in Pla= Book 4, ~age~ 150 and 151. vo=m: Unanlmsu~ ?.D.16. RO~DN~MBC~N~E On motion of Fir. McHale, seconded hy ~r. Warren, the Board changed the na~e of Bashes Trail Read in Fernbrook subdivision to South Boone~ Trail Road, effective October 1, 1992. Vote: Unanimous On motion of Mr. Mc~ale, ~econded by Mr. Warren, the ~oard appro~rlate~ $12,000 ~rom the Clover Hill District Three Cent Road Fund for repair~ to the Monacan ~igh ~chool acc~ss road and =uthorize~ ~ Co~=y Administrator to execute the ?,D,$8, AGREEHENT8 FUR]~INTENANCE OF ;TOEd~WAT~D~NA~R 8¥STEK ~ BEST ~AC~ ~CTICE FACILITIES 7.D.~8.A. FO~E~T H~LL s~ DAY ~IST O~v~CH On motion of ~. McHale, ~eco~e~ ~y Nm. Warr~, the Board authorized the County Administrator to ~xecute an Agreement fo~ Malntenanc~ of Stormwat~r Drainaqe System and Best ~nagement Praotice Faoility with ~otomac Confer~n¢e Corporation, o~er o~ Forest ~ill $~wen~ Day Adventist church, wi~ the county's only involv~m~t being to assure the ~intenance A~eement is ~ollow~ by ~e owner as approved by t~e Co~hty Attorney. (It ~s noted a copy of ~e gra~ing plan is file~ wit~ ~e pa~rs of this Board.) Vo~o; Unanimous T.D.18.B.~L~RD ~OVE On motion of Mr. Me,ale, seconded by ~r. Warren, the ~oard authorized ~he County Administrator to ex~cut~ an Agreement for Maintmnano~ of Stormwater Drainag~ Symamm and ~nag~ent Practice Facility wi~ ~con Corporation Virginia, the developer of Mallar~ Cove Apartments, with ~e County's only involvement being to assure ~e Nalntenanc~ ~ra~ent i~ followed by ~e ~r as approved by the County Attorney. (It is noted a copy Of the ~adln~ ~lan is Silad with ~e papers of ~is Boamd.) Vote: Unanimous On motion of Mr. McfaCe, ~¢osde~ by Mr. Warren, t. he ~oard authorized t_he County Administrator to execute an for Maintenance of Stormwater Dralnag~ System and Beet 92-655 Management P~actiee Facility with George B. SowQrs and ASSOCiateS, owner of Polar Creek, with the county's 0nly involvement being to assure the Maintenance Agreement is followed by the owner as approved by the Co%%nty Attorney. (It is noted a copy of the tentative plan is filed with the papers of thi~ Board.) Vote: Unanimous 7.D.~8.D. REDINGTON, BEOTION I on motion of M~. McHale, ~ecended by Mr. Warren, the Board a~thorized the County Administrator ta execute an agreement for Maintenance of Stormwater Drainage system and Best Management ~ractlce Facility with Bellaores Partnership, developer of Redingtonr Section 1, w~th th~ County's only involvement being to assure the Maintenance A~reament is followed by the owner as approved by the County Attorney. (It is noted a Copy of the grading plan is filed wi~h the paDers of t~i~ Board.) Vote: Unanimou~ 7.D.18.B. ~BRING T~i~E, BBCTION I On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute an Agreement for Maintenanse of stormweter Drainage system and Best developer of Spring Traoe~ section I, wit/% the County's only involvement bmlng to assure the Maintenance Agreement is followed by th~ owner us approved by the County Attorney. (It ia note~ a copy o~ the gra~ing plan i~ filed with the papers of thi~ Board.) Vote: Unanimous 7.D.19. ~PPROV~ OP C~ANBE ORD~RB ~TR~TATION On motion of ~. Morale, seconded by ~. Warren, the ~oard in ~ =mo~% of $12,2~0, tO ~he DeYoung Johnson Group for ~x=~a s~i~es for ~he desi~ of renovations at t~e Clove~ Hill Fire Station $7. (It i$ nota~ sai~ fund= will c~e ~r~ ~ Clover Hill Fire station ~7 Apparatu~ Bay Account.) Vote: Unanimous authorised the County Administrator to axeuute a change Order, in the amount of $13,310, to the Moseley KcClintock Group for ad41ticnaI work required in reviewing the Dlan and ~peoifloations for the potential changes ~equi~ed by the ~990 Building Code and the impact of the ~ericam Disability ACt for the Public safety Academic and Physical Training Building. (It i~ noted said fun~ will come from t~e Public Safety Training Academic Building Account.) approved a request £rum Virginia ~lectr{c and Power Company across County proporty, oubjent to the ex~oution of a license aqTeemant. (It is noted a =opy of the plat is filed with the papers of this Board.) Vote: Unanimous 7,D.21. CONSID~$~%TI~_OF REQUEET ffROH L. L. P~%UDLE AND B, J, BBLL FOR TINE EXTENSION O~_.REPU~E ONCOUI~TY; D~LOPE~ PR~ECT-G~ITO B~TAT~S ~ ~ TO ST, O~ ~otion of Mr. McHule, s~conded by ~. Warren, the Beard approved a re~= from ~. L. Caudle and E. J. Bell for tim~ e~ension of refunds on County/Developer Project - Genito ~stag~ ~nk Sower to st. Regents Lake Subdivision fo~ five years. Vote: Unanimous ?,D,22,..RBq~EET ~] OBITOL~IM A PORTION OF A V~%RT~BLN W~D~E ~EWERAND D~IE~E ~M~T ~CROGE PROPERTY OWNED BY NIDLOTHI/qNPARTNERS On ~otion of Mr. NcHale, seconded by M~. Warren, the Board authorized the Chaiz~man of ~he Board and ~e County ~mini~trator to execute a quitclaim deed to vacate a of a variable width sewer and ~rainag~ easy,mt across property o~ed ~ Midlothia~ Partners L.P. (It is ~oted a cu~y oS the ~i=inlty ~k~t~ is filE~ with the paper~ of this On motion of ~{r. McHalo, ssGonded by r, Ir. Warrsn, t~e Beard authorized the County Attorney to proceed with eminent domain, on an emergency basi~, and exercise i~media%o right of entry acquisition o~ a 16 foot pormanen= water and a 15 foot temporary conmtructien easement for installation Of the ~opkinm Roa~ waterllne across the property of B. W. Huddle and Jaoq~eline W. H~ddle, Tax Map ~2-4(1~)1, and authorized the County A~minls~rator to notify the owner, by ~srtlfied mail On August 27, 1992 of the County'~ intention to take possession of =he easement. (It is notod a =opy of the plat is filed with th~ papers of this Board.) 7.D.23.C. FAI~HEY R. IVE~ On motion of F~r, McHale, seconded b~ Mr. Warren, the Board authorize~ the County Attorney to prss~ed with eminent domain~ an an emerqency ba~i~, and e~erelse i~unediate right of entry pursuant to Ssotion 15.1-~38.1 Of the code of Virninia for the acquisition of a 16 foot permanent water and a l0 foot temporary construction eas~ent for installation of the Hopkin~ ~oad waterline across the property of Faithey R. Ivey, Tax Map 52-12(1)9, and authcriz,d the County Administrator to notify the owner by certified mail on August 27, 1992 of the County's intention to take possession of the easement. (It i~ noted a copy of =he plat is filed with =he papers of this Board.) Vote: 7.D.23.D. MCDO~rALD'8 CORPORATION On motion of Mr. ~c~qale, seconded by Mr. Wac-ten, the Board authorized the County Attorney to proceed with eminent domain, on an emergency b~sis, and exercise ii,mediate right of entry pursuant tn Section 15.1-23~.1 of the code of virninie for the acquisition of a 15 foot ps,anent water and a 10 foot t~pora~ const~ction eas~en~ for installation of Hopkin~ Road wat~li~e across property of McDonald's Corporation, Tax Map ~2-12(1)12, and au~o~ized ~e County A~ini~trator to notify the o~er by certified mail on August 27, 199~ o~ th~ County's intantlon to t~e possession of the easement. (It is noted a copy of the plat is filed with Vote: Unanlmou~ 7.D.23+E. DONALD T~7~OR ~ SHIRS~S. TAI~AOB On motion of ~r. ~¢Hale, ~eecnded by Mr. Warren, the Board authorized the County Attorney to proceed with eminent domain, On an ~mergensy basis, and exsrcise immediate right of entry pursuant to Section 15.1-2]$.1 of the Code of Viruinia for the acquisition of a variable permanent water and a 10 foot tcmpor~ construction easement for installation of the Hopkins Road waterllnm acro~ ~e Droperty of Donald Taylor and ShiMley S. Taylor, Tax Map 5a-16(1)~7, and authorized the county A~n~t~ato~ to notify th~ o~er by certified ~il on A~st ZT, ~992 cf the County's intention to take possession of the easement. (It is noted a oopy of ~a plat ia filed Vote: Unanimous On motion of ~r. ~cHale, ~e=ond~ by ~. Warre~, the ~oard awarded a o~nm~llo~i0n contract to Southern Construction Company, Inc., thc low bidder, in the amount of for tho Osborn~ Road Waterline Rehabilitation Project to replace an old two inch galvanized water line and to enhance fire protection to the Osborne Road area just east of Cox~ndale Roa~ and authorized the ~oun%y Administrator to exesute the ne~emmary documents. (It is noted said funds are availabl~ in the Capital improvement ~rojec% and a 92-686 8/2~/92 7.D,25. A~FROVAL OF UT~LZTZES CONTRACT FOR FORERT ¥IE~t SECTION 1 On motion of Mr. McHale, seconded by ~r. Warren, the Board ap~Toved a utilities contract for Forest Viuw, Section 1, Project N-~er 89-0192, ae follows, which project includes the extension of 1~30~ L.F.~ of ¢iqht feet of waetewater llne~; 1,790 L.F. ± of clx fee~, ei~hC feet an~ sixteen feet water lines, Of Which 585 L.F. ~ is oversized and authorized the County Administrator ~e execute any necessary docum~te: Developer: The Breva~d G~oup Contractor: Castle Equipment Company Cen~ractAmount: Estimated Total - $80,075.97 Total Estimated County Co~t: Water (over~izing) - $12,759.00 (Refund thru connections) Estimated Developer Cost~ $67,316.97 Code: (Oversi~ing) 5B-572VO-E4C Vote: Unanimous provide service to mobile classrooms at Lloyd C. B~rd High School. (It is noted a copy of the plat i~ filed with the papers of this ~oar~.) Vo~e: Unanimeu~ 7.D.29. &CCEPT~NCE OF ~ ~k~CEL OF L~ND ALON~ ~EFFEBaON DAVIS HIGHWAY PROM OOM~RCI/%L COESTR~CTION On motion of ~. M~ale, seconded by ~r. Warren, the Board accepted, on b~h~lf of the County, the co~vuyan=~ of a twenty Soo~ ~nd variable width parcel of land along Jeffersom D~vi~ ~ghway from Co~erclal Co~$~ctlon Corporation au~orlzmd ~e County A~inistrator to execute the deed. (It i~ noted a OOZy of the plat iS ~iled with Dopers of this Board.) This day ~he County ~nvJronmental Engineer, ~n accordance with directions fr~m this Board, ~ad~ report in writing upon hi~ exa~inutlon ~ KJng~ Gate R~ad and Old Cheshire Lane in gamli~ Reach, Be~uda District. ~pon con~ideratlon whereof, and on motion of ~. M~ale~ seconded ~ ~. Warren, it is resolved ~at Kings Gate Road and Old Cheshir~ Lane in Hemline Reach, Bmrmuda District, ~ and ~y hereby are established as public roads. An~ ~e it further resolved, that the Virginia Department of Transportatiog, be and it hereby is requ~ste~ to ~e into the Secondary Sy~tem~ Ki~g~ Gate Read, beginning at the east~ty 0.10 ~ile to end in a cul-de-sac; an4 01d ~eshire Lane, beginning at ~he sou~ern end of existinq Old ~eshire 92-~87 8/16/9~ Lane, State Route nu~e~ to b~ ammigned, and going southerly 0.06 mils tO end in a temporary turnaround. ThiB requemt i~ inclusive of the adjacent slops, sight distance, clear zone and designated Virginia Department cf The~e road~ serve 19 lots+ Aipd be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation an unrestricted right-of-way of B0' with necessary easements for cute~ fills and drainage for all of these roads. Hamlinm Peach is recorded as follows: Plst Book 64, Page 89. January 4, 1989. Vote: Unanimous mot with residents in the area regarding 5he Clover Hill for thirty days to allow further input from the There was brief dlscus~ian relative to the expiration of thc flsld= in the area; and the m~tings whioh had taken place Mr. Warren stated h~ f~lt a eo~mittee she~!d be a~oc~atlen~ to work with thc Department of Parks amd Re~reatlon to na~e the facility a~d to coordinate th~ ty~es of activiti~ that will take place at the Sports Complex. He further ~tated he felt the concerns expressed by the residents in the area regarding ~he acreage needed fsr the Board to defer consideration of authorizing the County acres for the Clover Hill Sports Complex until September the adjacent community associations to assist in establi~hleg to coordinate the recreational sctivitis~ that would be implemented at the site. There was brief discussion relative to th~ motion i~eluding a reDreeentatives of athletlc a~oeiatfon~ and these impacted by the request being part Of the cc~ittee; the property being ~'land locked"; i~lementlng a process to i~v01ve the residents in the project; the status of the ~ports Complex if the p~uper~y was n~t acquired; and the timeframe in which the tlle area and adpaeent community associations were involved in the process aa they would be impacted by the Sports Complex. 92-688 the additional property andr thereforew he felt a deferral would provide an opportunity to ~ddro~s these issues. Mr. Daniel called for the vote on the motion made hy Mr. War~en~ ~eoo~ded by himself, for the Board to defer consideration of authorizing the County A~lministrator to execute u real estate contract to acquire 9+ acr~ ~or th~ Clover Hill Sports complex until September 23~ 1992. further, for staff to be instructed to meet with the adjacent community associations to assist ~n establishing a Committee, whose purpose would be to name the facility and to coordinate the recreational activities that would be implemented at the site. S. DEFERRED ITEMS 8.A. APPOInTMEnTS There wa~ brief discussion r~lative to participatio~ alternates on committees in general and whether the appropriat= ~taff could ~ appointed to ~e on ~he citizens On ~o=io~ O~ ~, ~arber, ~econded by ~r. McHale, the Board deferred indefinitely consideration of ~o~inatlons for Advi~o~ Co~ittee. Vote: Unanlmo~s ~CTIO~ ~O-4O. ~TING TO 8ITIN~ OF ~OLID ~ ~)~KO~ OF WASTE ~T~I~ ~NT ~D DISPOS~T, ~. Micas ~ta=~d at th~ Board meetln~ on July 22~ 1992, p~]ic hea~img had been held and a d~Gi~io~ had been d~ferred ~a~age~e~t facilities and relating to approval of material management aa~ ~i~pomal in order for staff to wi~ representative~ of Re-Use Tec~olo~, Inc. H~ followed by ~e Department of Waste ~agem~nt. ~e f~her Tec~olo~, Inc. regarding ~elr proposal ~or alternative landaus which would have the effect of r~oving coal ash fr~m public hearing had bee~ 0lo. ed and staff reco~ended adoption defi~itio~ of solid wazte; Re-U~e T~C~Oi~'s proposal to ~empt th~ fr~ review by the County; wh~th~r ~he proposed ordinance would allow R~-U~e Tech~olo~ to begin their project a~ whaler ~ey w~ w~lllng to begin ~e Droc~ with the ordinance a~ currently ~itten; the r~latluns of the Department of Waste Management; the process ~ing more e~edient and cost effective; and an ordinance ~in~ amended at a later ~mte. On motion of ~. McEale, seconded by ~. Ba=be~, the Board adopted the followlng OF CHESTERFIELD, 197~, AS AMENDED, BY AMENDING CHAPTER 10 BY AMENDING ARTICLE VII, SECTION 10-40, Chesterfield, 1978, as a~ended, is hereby amended and Article VII. siting of Solid Waste ManaGement Facilities For the pu~pose~ Of tllis article, the following word~ and phrases shall have the meanings a~=ribod by this se0tion. O O O (4) Material, the application, use or disposal of which does not require a permit from either the virginia Department o£ Waste Management or the State Water Control Board. o o o (2) That Chapter 10 of the Code of the County of ~, 197~, as amended, is hereby a~esded by adding the fellowing~ A~t~cle VIII. ADDrOVal of Waste Material Management and Disposal Sec. 10-50. Definitions. For tho purpose of this article, the following words and phrases shall hav~ the meanings ascribed by this section: dumging, spillinq, leaking or placln~ of waste material into or on any land or water ~o that ~uch waste material er any constituent thereof may entsr the environment or be emitted into the air or discharged into any waters including Sludqe means any solld, somlseli~ Or liquid wastes with facility or any other waste prod=oleg facility. ether Ois~arded materlal~ including solid, liquid, or contained g~eou~ material, which (i) results from industrial, ucmmer~ial~ mining and agricultural ope~ation~. community activitle~ an~ (il) is re~lllatsd by Virginia Department Of Waste Management or the State Water control Board but does not r(mluire a ~rmit from the Virginia include: (2) In addition~ the ter~ "waste mat~ial" does not Solid or dissolved material in domestic sewage; flows or in indumtrial discharges which are sources subject to a permit from the State Water Control Board; (3) Source, special nuclear, or by-product material as defined by the Pederal Atomic Energy Act of 19S4, as (4) "Solid waste" as that tern is defined in eection 10- including incin~ation or neutralization, designed to change the physical, chemical or biological chafe=tar or composition cC any waste to nautrallze it or to render it less hazardous on property located within the county unles~ the owner of ~uoh p~ope~=y~ or his a~thorized agent, shall have first re=~iv~d approval from the governing ~ody o~ the county as provided in Any parson de~iring approval to engage i~ the disposal or management of waste material in the county ~halI complete an application, the form of whish shall be a~ provided in section ]0-53, and file the application with the county'm solid waste manager. Only application~ ~o~pleDed on fo~s provided by the solid waste manager will be received for filing. The county shall not be deemed to have received an application filed under this ~eotion ~ntil the application ie completed and contains all information requested by the applica:icn form or The application required by section 1~-52 shall be in the following form: WASTE ~ATERIAL MANAG~E~T I. Applioan= Information: A. ~ame. B. Addre~. C. Contact Pereon: D. Business T~l~phone: II. Owner Informetlcn { if different from AD~ Iicant Information): 92-691 8/26/92 III. Site A. B. VI. Address: Contact Person~ Bu~ine~ Telephone: Location Information: Location Description: Location Map (attach) at an appropriate scale showing al~ of the following characteristics within 1,o00 feet of the boundaries of the property on which the proposed use ic to be located: 1. Surface water ~apply intakes. 2. Watershed protection zones. 3. G~o~ndw&ter recharge ~ea~. 4. Wetlands. 5. 10~-year floodplain. surface impoundment areas and free-flowing 7. site topography. Private and public wells. Existing zoning classifications. i4. ~ropsrty lines. C, Zoning approval for intend04 £aoility: Description of ~ruposad Use: Report (attach) of the hydrogeologio and soil A. V~tioal p~ofile of soil for three (3) locatlons ts a depth of five (5) feet below the least twenty-four (24) hours after completion of field observations and pe~rmeability. C. Soil clao~iflcatiOD 4ate at th~ lowest elevation of the proposed facility. D. certificate on ~itability of site soils for use ac a cap Or lioe~ (if applicable). ~. Map ~howing ~irecticns of groundwater £1ow and Soil boring log~, Showing the interrelationship of the site Engineering Plans (attach) includinq the following: A. Vicinity and location map. B. Boring locations. C. Topography end boundary information. D. Site layout plan crowing t~e phasing and sequencing of the facility and facility site, Z. site plan showing all proposed site site grading plan. G. GC-? d~ainag~ analysis. Liner and cap de=ail (as appllcabls). I. G~oundwuter monitoring well locations and well placement and aanstrust~on (as applicable). 92-692 8/~6/92 VII. Operations Plan following: A. C, Isttached) which shell include thu Waste material quantities, character, and site life calculations for the entire site and such phase or area cf the site. Site development plan detailing the phasing and sequencing of the operetlonal area~ an~ cover materlal management (am appropriate). D. ~roundwater monitoring program including number and location of wells and proposed pro,ram (as appropriate). E. Access control describing p~ocedures and equipment that the applicant will use to accomplish the following: 1. Limit access to the site. 2. Conduct in~pectlons of waste mat%fiat for $, Isolate and dispose of unauthorized applicant and owner. G. Proposed m~thod of meeting the state financial signature and certificate cf applicant: By my signs%uTe below I hereby certify that am duly authorized by the ownex of the proposed ~acillty site to submit thi~ application and that all ~n~ormation ~ubmltted on and with this application is true, accurate and complete. Applicant Section 10-U4. Criteria for a~uroval. The governing body of the county shall not grant approval under section 10-51 unless the governing body ha~ determined that~ (a) The applicant's pro,seal pn~e~ no substantial present or potential danger to the health, safety or wel£ars of any person; and (b) The ~pplicant's proposal poses no substantial present or potentla~ danger to the environment. ~ection ~-~ Procedure for (a) The governing body of the coanty skall uonsider the applicant's red,est. The decision of the governing body to approve or deny %he re~l~eet ~hall be ~ade by resolution within ninety (90) days of the date the county receives a somple~sd applloation, as provided in section 10-5~. Failure of the governing ~ody to take action to grant or deny the apptlcant'm within suoh ninety (90) day peris4 $hall constitute approval of ~he request. (b) If the governing body denies an applicant's for e~proval, the applicant may appeal such denial to the circuit court of the county, provided such appeal is filed within thirty (S0) days of the ~ate of the denial. $ubstantimlly similar application shall be filed with t/~e County for twelve (15) months following the date of such denial. section 10-56. Prior Any person who ha~ prior to J~ly I, 1989, been issued a permit by the Virginia Department of Waste F~mnagement for the disposal or management of waste material, or has received ~oning for such ~isposal or management, shall not be recruited to obtain approval pur~ant to the provisions of this article. Sec. 10-57. Effect oF aDDroval: zonin~ Thc ~ranting of approval pursuant tO the provi~ions of ~his artiol~ mhall not be deemed to be a grant of zoning approval. An application Filed purmuant to ~ectlon shall not he sonsidersd complete until the property involved i~ ~ueh application has been properly zoned for such Sec. 10-58. kDDlicatko~ee~ Any person who submits an applieatlon pursuant to this article shall s~mit with the application an application feb of one thousand dollars Sec. 10-59. ~ffect on r~c¥clinq~ Nothing contained in this article shall be construed in any way to discourage, hi~der or prohibit recycling. (3) That t~is Ordlnanoo shall become sFfectivs immadiutely upon pammage. g. HP~a/%INGS.OF ~ITIZENS ON UNS~EDULEB M~TTER$ OR CF.aT~ There were no ~earingm of Citizens on Unscheduled Matters or Claims scheduled. 0~ motion o~ Mr. Mc/~ale, seconded by Mr. Barber, the Boar~ a~pte~ the following reports suhmitte~ h~ the County Administrator. School Board Agenda, ~ir. Ra~sey stated ~he Virginia D~Dartment of Transportation following roads into the State Secondary System: R~te 678 (we~t ~rovidesce Ro~') - From 0.~9 milo Wsst Route ~72Z O.13 Mi 92-694 Route 46~5 (Providen=e Creek Road) - F~um Route 678 East to 0.0§ mile Northeast Route 67~ Wast 0.71 Mi Route 4686 (Providence Creek Court) - From Route 4685 to 0.04 mile Northeast ROUte 4685 0.04 wi Route 4687 (We~ Providence court) - F~O~ ROUte 678 to 0.05 mile South Route 678 0.05 Ri RUFORD OAKS, SECT!O~ B - (Effective Route 877 (Buford Oaks Drive) - ~rom Route 3421 on existing Route 8?? to 0.05 mile Not. east Route 3421 0.05 Mi WALTFDtLL CREEK, SECTION 6 - ~Ef~eet~ve 7-23-92) Route 4064 (Clear ~prings Lane) - From 0.22 mil~ iauthwest Route 406~ O~ existing Route 4064 to Waltl~all Creek Drive (Route ~0~7) Route 4066 (Clear Springs Circle) - Prom Route 4064 to 0.06 mile southwes= Route 4064 0.06 Mi Route 4067 (Walthai1 Creek Drive) - From 0.09 mile ~out/~west Route 4064 to 0.17 mile $0~thea~t Route 4064 0.16 Mi MI~LS~Q~..CREEK - (Effective ?-94-92) Route 4982 0.17 Mi Route 4981 (Mill Forest Court) ~ From Route 49S0 to 0.0~ mile Southw~et ROU~ 4980 0=03 Mi Route 49~2 (Mill ~oek Terrace) - Prom 0.07 mile Wast Route 4980 to 0.05 mile East Route 4950 0.12 Mi Route 4983 (Silver C~eek Court) - From Rou~e ~77 to 0.07 mile southeast Route 677 0.07 Mi NORTN SETTLERS LANDING - SECTION 1 - [Effective 8-12-92~ Route 177S (~arly Settlers Road) - From 0.03 mile North Route 1739 =o 0.08 mile North Route 1739 0.05 Mi Route 3815 (Lushness Road) - F~em Route 1739 to mile Worth Route 1939 0.15 Mi Route $$16 (Colony Trace Drive) - From Route 1775 to Route 3815 0.15 Mi Route 3817 (Hiq~tream Way) - From Route 3818 to 0.04 mile west Route 3~15 0.10 Mi Route ~818 (Trefoil Way) = From 0.09 mile south Route ~817 to 8.~3 mile Worth Route 3817 0,12 NORTH SETTLERS LANDING - ~E.CTIDN ~ ROUte 2~5~ (White Ra~it Road) - From 0.26 m~le East Route 2556 to 0.47 mile East Route 2~6 0.21 NORTH SETTLERS LANDTN~ - $~CTI0~ ~ .5815 (Leehnesa Road) - From 0.15 mile North 1739 to 0-~6 mile North Route 1739 0.11 Mi Route $81~ (Trefoil Way) - From 0.05 mile North Route 3817 to 0.1~ mile North Route 3817 0.07 Mi 92-695 8/26/92 OF VIEGIN~o ~0, A8 A~ENDED, FOR CO~SULT~TIONWITH LEGAL CO~NPEL RECJ~DINGVULC;~NMATERZ~LS V. BOARD O~ On motion Mr. ~cHale, ~econded by Mr, Barber, the Board went into Ex~cu~ive Session pur;uant to section 2.I-344(A)(7), Code of virginia, 1920, as amended, for con~ul=atlon with legal counsel regarding vulcan Materials v. Board of Supervisors. Vote: on mo=ion of Mr. McHale, seconded by Mr. Colbert, the Board adopted the followlnq remolution: WHeReAS, the Board of Supervi$or~ has thi~ day adjourned into Executive Session in accordance w~th a fol~mal Vote of the Board, and in accordance with the provisions of the Virginia Freedo~ of Info--etlon Act; and ~S, t~e Virginia Freedom of Info~ation Act effective July 1, 1989~ Drovides for ce~ificatlon ~a= such Executive Se~ion wa~ conducted in confo~ity with law. NOW, THEREFORE BE IT RESOLV~z that the Bo~d of cowry Supe~imo~s does hereby certify ~at to ~he best of each ~e~be~'s k~owledge, i) only public bnmlnemm ~tterm lawfully Info,erich Act were discussed in the ~ec~tive Se~io~ to which this ceruiEicatiun appli~=, and i~} only mu~ p~llc business matters as were identified in the Motion by which the considered by ~e Board. Nc member dissents from certification. ~. Daniel: Aye. · 2. DI~ On motion of Mr. Colbert, meconded by Mr. McHale, the Board recessed at ~;1~ p.m. to the A~ministratlcn Building, Room 502~ for d~nnsr. Vote: Unanlmoum 13, I~OCATION Mr. Daniel introduced Reverend John A. Moultcn, Pastor cf Episcopal Church of the Redeemer, who gave the invocation. 14. ~LED~ OF ALLEGIANCE TO THE FLAG OF T~E U/N~T~T. ED~TE~ OF Chief Pittman l~d the ~ledge of Allegiance to the Flag of the U~ited States of Amemica. 92-696 15, RE~OLUTIONS MD SPECIAL 15.~. R~O~N~TN~._COLONEL W. F. ~ORVELLOr VIRGINIA STATE POLICE Chief Ea~es, Chief Pittman and M~. Davenport introduced Mr. Colonel W. F. Corvello a~d indicated it wa~ an honor to r~cogniz~ the service of Colonel Cory=lie to the Virginia Stat~ Polio~ and Chesterfield County. On ~etion of the Board, the £cllowin~ resolution ~ae WHEREAS, colonel W. F. Corelle wa~ appointed by Governor L. Douglas Wilder; and ~S, C01o~el Corvello has completed thirty-sev~n y=urs of di~tinguimhed public se~ice to citiz~n~ of the co~onwealth a~ a ~worn me,er of the Virginia State Police; and ~S, Colonel Corvello has progressed through the ra~s from Trooper to S~p~rintendent in a ~areer that has manifested inte~ity, duty, homer and ~e~icated co~i~en~ ~lic service; and ~S~ Colonel Co~ullo hue provided strong lead~hlp in ~e supervision of the Depar=m~n~'~ ]3~0 ~worn and non- swo~ employees; and ~s, Colonel Corvello has maintained professional ralationshi~ wi%h other agencies of state and local gove~nt; and ~E~, Colonel Corelle ha~ oo~ti~ ~o ~up~ort and work with ~e ~e~fi~ld Poli~e Department in crime ~ol~tio~ a~d abetment programs; and ~ER~, Colonel Co~llo has continued in valuable suppor~ ~ paramedic~ and firefighters of the ~esterfield F~re DepartmenD who join troopers/pilots and th~ V~rginia Department of Health in providing state-of-~e-art aeromedical service to critlcally ~njur~d an~ ill p~r~ons in a thirty radius aro~nd ~s~erfield County. NOW, THE~FORE BE IT RESOLVED, that ~e Chesterfield ~heir sincere appreoiatio~ to Colonel W. F. Corvello for his distin~i~hed co~itment to p~lic ~e~i=~ ~o =he Coun=y of chesterfield and the Co~onweulth of virginia and wi~he~ him well in his retirement. ~, ~ IT ~ RESOLVED, tha~ a c~py of r~ol~tion b~ appropriately prepared and presented to Colonel Corvello. Vets: Unanlmous chief Pittman, Chief Eanes and ~. Davenport pre~ent~d wi~ ~hank~ him Zor hi~ de~ioated service to the County and wishsd him well in hi~ r~tirement. 92-697 8/~6/92 Matoac~ Methodist Church, and stated Mr. In~les was Chairman of the Council on Ministries and Mrs. Ingles was Chairman of ~.he ~ome¢omlng On motion of tho Board, the following resolution was adopted: WHEREAS} Matoaoa Methodist Church began in August, 1842, was originally named Matoaca Methodist Episcopal C~U~C~ Riddick ChaRel; and WHEREAS, in the 193Q~s, the c~uroh was renamed Matoaea WHEREAS~ the Ch~ah ham actively been a part of the Petersburg Greater Ministry of Feeding the Homeless, has provided houming for two cub seout~ and one boy scout unite and the Matoaca Women's Club; amd Matoaca Methodist Church to its csm~unlty, csn~ratulaten the congregation on its 1§Ot~% anniversary and wishes it well am it continues its mlnlntry to Chesterfield County. Inglem and stated the Church has served the community well th.m w~ll as the Church continues its minimtry. In Ma~oaoa Hagimuerial Dist=iet, ~IDLOTHIAN YOU~ LEAGUE, INC. requested Conditional Use Planned Development to permit recreational faeilitie~ (a so~cer complex) and e~ceptien to paving requirement~ in a Residential (R-25) District. The ~enslty of such amendment wall ~ con.oiled by per a~re or less. ~is request lies on 80.0.acre~ frontlng in sou~east line of Han~l~y Road, approximately 3,000 feet nor~east o~ B~ach Roa~. Tax ~aD 109--3 ~1) Par~ of Parcel 1 and Tax MaD 109-4 (~) Part of Parcel i (~heet ~9). ~. Jacobsen presented a ~a~ of Ca~e 925N0191 and sDated th~ Plannin~ Cu~ission and staff reco~ended aDproval subjact to conditions and acceptance of the proff~re~ conditions. ~/26/92 Mr. David Field, reprosentlng the applicant, stated the recom~endution was acceptable. There was no oppo~ition On motion uf Mr. Colher~t, sacsnded by Mr. Barber~ t~e Board approved Case 92SN0191 subject to the following cQnditlons: 1. Hours of operation shall be limited to between 8;00 a.m. a~d 10:00 p.m.~ sunday tb_~0~qh Thursday and between 8:00 a,m. and 11:00 p.m. Friday and Saturday. 2. There shall b~ no outside public address system or speakers. In eenjunetie~ with site plan submittal, a plan for a pedestrian ~irculation system shall be submitted to the Planning ~epartment for r~vi~w an4 approval. Thi~ shall D~ovide for a ~e~e~trian oiroulation system will co~ect to ~e pedestrian system for Brandy Oaks Subdivision. Acce~ easements s~all ~ granted to allow users 0f the Drmndy Oaks ~ubdivision ~edemtrlan clrcula~ion system to acce~ throuqh the ~ucreationul facility. The developer $hal~ be res~onslbl~ for inmtaltati0n of ~e approved pede~tria~ ~y~tem. (9) 4. Except along ~en~ley Road, a 100 foot buffer shall be provided along all pruper~y lin~s. Thi~ buffer shall Oo~fo~ to the Zoning Ordinance, Sections ~1.~-~7 and 21.1-228. A fifty (~Q) foot setbaok shall be ~aintained along Hensley Road. This setba~ shall confo~ to the Orivuways an~ ~urk~ng area~ ~hall be delineated by tier inches of ~21 or ~IA ~tO~. And, f~er, the Board accegted ~e following proffered conditions: 1. Prior to sit~ plan approval, forty-five (45) f~t right of way on the ~a~t sid~ of Hensley Ruad m~a~ed from that part of ~en~l~y Road, i~ediately adjacent to and for the b~efit of ~stcrfield County. 2. AGoess =o ~sley Road shall ~ limited to two (2) s~atl be app~ovedby the Transportation Department. ~ior tO any ~ecreutional activity, the ditch ~lo~g east side of Hensley Roa~ shall be relocated to provide 925N0173 In ~a=oaoa ~a~isterial District, TOM AND YALE LEE rec~/e~ted a Conditional U~e to permit a ~wo-family dwelling in a Residential (~-40) Dis=r~et. The density of snch amendment will be Controlled hy zoning eonditionm or Ordinance standards. The Comprehensive Plan designate~ the property for residential use of ~.90 ~nit~ per acre or less. This request lies on a 1.~6 acre parcel fronting approximately 144 feet on the east li~e Of Crown Point Road, appraxlmately 1~Q76 feet northwest of Weelridge Road. Tax Map 46-16 (~) ~ing~point, LO~ 7 (Sheet 12). 92-~99 8/~6/92 Mr. Saoobmon ~rsmented a summary of Case 92SN0173 mhd ststed the Planming Commission and staff race,ended approval Swift Creek Plan (UBCP) and stated staff had received one ~stlticn with eight signatures and approximately six letters an support and fourteen letters in opposition to the request. Mr. Phll Blithe, representing ~he applicant, stated recommendation was acceptable. He further ~tated the request conformed to the Upper swift cree~ Plan an~ thc intent of the request was for tl~e dwelling to be used for guest~ and Of the family and nut as a ~wc ~amily dwelling. Therm was no opposition present. O~ motion of 14r. Colbert, seconded by Mr. Warren, the Board approved Case 9~s~0173 subject to the following conditions: 1. Occupancy of the second dwelling unit shell be limited to the o¢cupant~ of th~ principal dwelling unit, individuals related to them by blood, marriage, adoption, or guardianship, foster children, guests and any domestic servants. (P&CPC) 2. within sixty (60) day~ of the approval of thi~ request, a deed r~striction shall be recerded indicating the rsqulremen= in Condition 1. The deed book and page number of such r~strlction and a copy of the restriction ~hall be submitted to the Planning Department. (P) ~N0174 In Midlut/aian ~agi~tsrla~ Di~tr~nt, PAUL H. SPF~TOB A~D FIRGi~I& ;~NNE T. SPECTER requested a Conditional Use to permit a stock farm, to allow the keeping of two (~) goate~ in a Residential (R-~O) District. The density of such amendment will be controlled by zonin~ conditions er Ordinance standards. The Comprehensive Plan designates the property for residential use of 1.5~ unit~ per ae~s or less. This request lies on a ~-96 acre parcel fronting approximately 261 feet on the north l~ne of Cherokee Road, approximately 50 fe~t vi~toria Lane, Tax Map 3-6 (2) ~enot Hundred, Section A, Block S~ Lot 6 (Sheet 3}. Mr. Jacobsen pre~ented a sugary of Case 9~SN0174 and stated ~rth~rn Area Land Use and Txanspu~atlon Plan and wa~ oompatible with existing and anticipated area residential d~velopment. read,ting a conditional use pa~it %~ allow h~ f~ily to continue to k~ep their two pet female purebred goat~; that he felt ~e decision shoul~ ~e bamed on fao~; ~at they have o~ed the goat~ fo~ t~e last t~ee years ~d had no~ r~c~iv~d any c~plaints in ~ pa~ regarding the goats; ~at he had consulted hi~ next door n~ghbor at the time they had goats has not negatively impacted property value~ in n~igh~hood~ that he did not f~l the goats were a danger 92-700 the health, welfare or safety ef ethers; that he has not experienced any concerns regarding odor or noise; that he felt an accommodation should be made te allow hi~ to keep the goats and he would be willing to a~¢ept any oonditions imposed to ao~o~plish this; and requested the Board to give favorable consideration to the request. Mr. Ted Adams, President of Huguenot Hundred Association, stated he had filed the complaint on behalf of the neighborhood; that they were o~osed to the request; that they were concerned about the impact the goats would have on property values; and ~hat they felt the applicant should have followed the appropriate process prior to owning the goats. Mr. Sam Epps stated h~ was a resident of Cherokee Road and a senior resident of Huguenot ~undred Subdivision; that the mpplicant ~hould have been aware of the restriotive cowsnante and zoning regulations; that the request should be based on fact; that the majority of the residents in the subdivision have voioed opposition to the request and, therefore, requested the Board to deny the request. Nr. ~am~s Kaufman stated he was an adjacent property owner; that ha felt the existenc~ of the goats negatively impaot~ property values An the area and the regulations ~hould be e~foreed to protect the residents; and that the applicant WaS not ~n compliance with %he ~lan for the area and, therefore, h= fxlt the reclue~t should be denied. Dr. Mounette Wood stated she wa~ an adjacent property owner; that she al~o felt the exi~tenoe sf the goats negativel~ impacts property values in the area; and that she felt it was inappropriate for the goats to be pel~itted in the neighborhood. owner; that he had placed complaints in the past about the goats to County staff; that t/lo use was inappropriate for the neighborhood and, therefore, requested the Board te deny the r~que~t. Mr. Specter read into the record a letter from the pa~t President of Huguenot Hundred Association stating no complalnt~ in the past ha~ been received from residents i~ the area about the goats. ~e further stated he ~id not feel the goats negatively i~pacted property values in the area; that hs had checked w~th Cettnty staff prior te purchasing the goats an~ thought he was in conformance; that none of his neighbors have complained about the goats in the pa~t; that the restrictive covenants for the Subdivision did net address stock animals; ' and requested the Boar~ to give favorable ~hen asked, Mr. Micas stated the Beard Wa~ empowered with broad legislative di~c~tio~ sad could either approve or deny f. he request. He noted the S~bdiviSiOn~ restrictive covenants were not an issue in considering =he request. Mr. Barber stated he had received several letters -- a few in ~upport and apprexlmately twelve in opposition -- to the t-hose involved in the request had expressed their opinlon~ toward each other personally, however, he would recommend denial of the ~equest. There ~as brief discussion relative to the number o~ ~hic~ens permitted under the zoning Ordinance. 92-701 Mr. Barber made a Motion, seconded by M~. Colbert, for th~ Beard ~e deny Case 9~8N~174, Mr. Daniel stated he had recently heard a request in District which had also been very emotional and was concerned as to the manner in which those involved in request had expressed their concerns towards each other. ~r. Daniel called for the vote On the motion made by Mr. Barber~ seconded by Mr. Colbert, for the Board to deny Case Vote: U~n~moue also this (M-~] to General Industrial (I-Z)wit/~ Conditional Use tc of sash a~ndment will be controlled by zonln~ ~omdi%iams or property for residential u~e of 7.01 units per acre or more. approximately 260 feet on the west line of Jefferson Davis Highway, approximately 4,350 feet mouth of Foregt Lake Roa~. Tax ~ap 133-~1 (1) Parcels 8 and ~0 (sheet 41). Planning Commission and ~taff r~¢~a~ended approval subject to noted although Dhs Southern Area Plan designated the prope~y for high density remi~ential use, the request property and industrial uses, a portion of the ~e~uest property has already been developed for industrial uss and staff felt the request met ~h~ s~iri~ and inten~ of the Plan. ~r. J~ff collins~ represe~tinq th= applicant, stated the participating in the project. ~e submitted a report on Cycle Systems Inc. ou~linlng the operation of the materials present. ~r. ~oHale stated the applicant would be making substantial i~pr~ve~ents to the ~ite and g%a=s recycling centers would be met up in different ar~as and a portion of funds generated by the Centers would be donated towards activities such as beautification projects within the County. ~o noted the applicant had atted~pted to resolve all issues regarding the for the Board to approve Case 92SN020~ subject ts the Sol,owing condition: A seventy-five (75) foot buffer shall be ~aintain=d along the western property boundary. 9hi~ buffer shall comply with the may ~e reduced and/or other requirements may be modified by the Director of Planning subject to the criteria eutline~ in s~o=ion ~l.l-ZZ7 (1), (1) through (7). (P) 1. Prior to site plan approval, =ixty (60) feet of right of oenterllne of that part of Route 1/501 inn%ediately adjacent to the property ~ball be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 2. Access across the Ashton Creek floodplain to bc limited to the ~xisting driveway and any improvements to the existing driveway. 3. The property owne~ shall provide msnthly inspections of the material reclamation receiving senter for vermin and shall provide ext=rminatlsn ko control any vermin. ~here was brief discusslen relative to the history and merlt~ of recycling and the cooperation of th~ applicant to address concerns and issuem e~presssd by citizens in the area and the District ~up~rvimor in which the request lies. Mr. Daniel called for the vote on the motion made by Mr. MoHale, seconded by Mr. Werren, for the Beard to approve Case 92SN020~ subject to the following condition: a s~venty-flve (7~) fOOt buffer shall be maintained along thm western property boundary. This bnff~r ~hall comply with the requirements cf the Zoning 0r~inance, Chapter 21.1, sections 21.1-226 thrsuqh 21,1-228. However, the width of this buffer the Oi~eeto~ of Planning subject to the criteria outlined in Section ~1.1-~27 (i), (1) through (?). (P) And, further, for the Boar~ to accept the follow,nC proffered ~rior to site plan approval, sixty (~0} feet of right OS way On the west side of Route 1/301 measured from th~ ¢$nt~rline of that part of Route 1/301 immediately adjacent to the property shall be dedicated, f~ee and unrestricted, to and for the benefit of Chesterfiel~ County, 2. Access across thc Ashton Creek floedple~n to be limited to the existing driveway amd any improvements to the existing driveway. 3. The property o%rner ~hall provide ~0~thly inspections of the material reclamation receiving center for vermin and shall provide e~el'mination to control any vermin. Vote: Unanimous on action of ~r. ~cHale, seconded by Mr. Barber, the Board Vote: Unanimous County Administrator Chairman 92-703