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11-10-93 Minutes....... I~ I ., L J L !, MIN~TE~ November lO, 199~ Mr. Edward B. Barber, Vice Chrm. Nr. Whnley M. Colbert Mr. Marry G. Daniel county Administrator a~. Barbara Bennett, Dir., Office on Youth ~r. craig ~ryant, pit., Utilities M~. Terri Burgess, Interim Dir., ~ws & ~ubli¢ Information Servi~e~ Nr- N- ~- carmichael, Co,missioner of Revenue Es. ~4arilyn Cole, Exec. A~t. to County Admin. Mrs. Doris ~. Qe~art, AsSt. CO. Admin., Legit. ~va~. and IntergOVe~. Affairs Mr. William D. Dupler, Buildinq Official Chle~ Robert L, ~ane~, Jr., Fire Department Deputy Co. Admi~., Mr. Russell Harris, County Ombudsman Mr. William ~. Howell, Dir.~ General Services Mr. Leu Lassiter, Dir., Internal Audit Mental Health/Mental Retardation/$ub~tance Abuse as. ~ary Leu Lyle, Dir., Accounting Nr. Roher~ ~. ~asden, Deputy Co. Admin., ~r. R. John ~cCracken, D~r., Tr~nsDortation ~[r. Richard M. Dir.~ Env. Engineering F~r. Stev~n L. ~icas, County Attorney C01. J. E. Pittmmn, Jr., Police Department Ms. Theresa ~. ~itts, Clerk to the Board Mr. James J. L. Dir., Budget & Mr. ~. D, stith, Jr., Deputy Co. Admin., Community ~velogment Sheriff Clarenc~ Witl£a~s, Sheriff's D~partmen= M~. Judy L. Worthington, circuit Court clerk 93-740 11/10~93 ~r. Warren called the regularly scheduled meeting to order at 3:18 p.m. 1. ~P~ROVA~ O~ MINUTE8 On motion of Hr. Colbert, seconded by ~r. McHale, the ~oard approved the min~te~ of October 27, ~993~ as eubmitted~ Vote: Unanimous OCTODE~ 29-30. 1993 The October 29-30, 1993 Regional Summit minutes were recorded by the City of Rioh~0D~ and w~i1 be forwarded to the Cheeterfleld County's Clerk's office upon completion; therefore, the minutes will be approved at that tine. ~. R~s~y introduced Ms. Bet Ludden, Administrative Chairman of the ~oco~hock valley Xouth ~¢oer ~s. Ludden, accompanied by other representatives of the I~ague, presented the Board with souvenirs from the "Richmond Metropolitan Youth Soccer Leaque Columbus Day Soccer Tournament Weekend" held October 8-10, 1993 and expressed appreciation =o the Board ~or =heir support of =his event. Ms. Ludden then presented Mr. Jeffrey L. Mincks, Deputy County Attorney, with a souvenir from the Leagne for his ~£fort~ in a~gi~ting the League in obtaining the necessary licensing, Mr. Warren expressed appreoiatlon tc the League for the Mr. Rar~ey recognized Ms. Ki~b~rly Conley who has recently been appointed Research Analyst in Managemen~ Services and congratulated h~r on her new position. 5. BO~RD COMMITTEE REPORT~ Mr. Barbe~ stated he met with the James River West, Queensmill, and old Coach village civic A~se~iation~ to di~cus~ v~ri~ issues s~eh as zoning and ~oad b~itdin~ that he attended the dedication cerenony of the Alberta smith ~lementary School; that he attended the Metropolitan Chamber Fortune 500 dinner; and ~hat he at~anded the Virginia As~oclatlon of Counties annual meeting. Hr. Colbert statpd he visited Ettriok ~ark and Ettrick Quarterback League has a new scoreboard for its football field. He further stated he attended the dedication ceremony of the Alberta smith El~nentary School. Nr. Daniel stated he ~ttended the Virqinis Association of Counties (UkCo) annual nesting which was well attended by County officials. He further state~ the main tepic of discussion was mandates/funding requirements and requested ~taff to document mandates and p~int on tax bills the a~eunt appreciation for the r~cognltlon he r~celved for serving as President of VACo. 9~-741 ~1/10/93 Mr. Me.ale stated he attended the virginia Association of Counties annual meeting and he feels there is a concerted effor~ by County governments to make government more efficient and effective; that he attended a Budget and Audit preliminary results on year-end balance for FY99; that he attended the grand-opening ceremomy for the ~dith Seibel Children's ~ealth Care Center at Bensley Elementary School; and that he at~endad =he dedics=ion ceremony for naming L.C. Sird's football fleld in honor of Glenn R. "Dutch" Sehrotenboer. Mr. warren mteted he attended the Regional su~i~ a~ Richmond Police Academy, with the topic of discussion being crime i~sues; that he held a oonstltuents meeting at slover issues; that he attended the M~troDolitan Chamber Portnne 500 dinner; that he attended the Top Managers meeting regarding economic developmemt i~ues and noted Governor Douglas L. Wilder an~ Gov~nor-~Ieot G~orge Allen were also in attendance; that he attended a reception with Mitubishi Corporutlon and Diamond Energy with Governor-Elect George Alle~ being a guest speaker; that he attended thc Manchester YMCA "Remembrance Day" celebration; and ~hat he attended Virginia Association of Counties annual meeting. ~. Daniel ~te~ qu~t~on~ have arisen r~ga~ding th~ virginia Association of Countims' positioa regarding the gasoliD~ tax and brlefly reviewed ~e history surroR~ding a taken any So,al position on ~is issue and indicated he could not ~uppo~t any increases in taxes m~ ~is tim~, Mr. Warren recognized ~. George K~lly, Produc:ion o~ SCorer Cable, who ~cently accepted a new position ~-~=nnel 5 and, 0~ behalf of the Board, congratulate~ him an~ wished him success in kis futura opportunity to exp~ience the intricate working~ of County On ~otion of ~r. Mc~ale~ seconded by Mr. Colbert, ~he Bcar~ added Item 7.B.10., A/~e~e~t to the Swift Creek Rese~oir Drawdow~ Polioy to follow It~ 7.~.9.~ Ascendance of a Parcel of ~nd Along ~or~ Spring R~ Road from the Trustees of ~inut~s o~ 0ctob~r ~7, 199~ to follow Item 7.B.10.; moved Item 5.~ Work Session Regarding %he 1994 Legislative Program with Me,ers of the ~egislativu belugation and School Board to follow Ite~ 8.~ Report~ added Item 13.E., E~ecutlve Session P~u~nt to S~ction ~.l-3~(a)(T), Code of Virginia, 1950, aS ~ende~, for Consultation with ~gal Counsel Count~ o~ Chesterfield, V~q~.Q!a, and School ~d of the County of Che~terfiel4. vir~i~i~, to foll~ Tte~ i~.D., Public Hearing to Conmider an Ordinate to ~end ~e Code o[ the County of Chesterfield, 197S~ ~s ~ende~, by ~nding ~Dd 17, ~1.1-1~ and ~.1-19 Relating to Varlan~e~ and Modifications to Development Standards or Retirements a~d Changing th~ Ti=l~ to Article II, Division 1, =o Add Modifications to Development Standards and Retirements; Resolution Confirming Proceedings of Chesterfield Industrial 95-742 11/lo/93 series 1s77, for Allied Signal Not to Exceed $11,750,000; deferred Item 7.B.3.c., Set Date for Public Hearin~ to Subsequent Award of a Design Contract for D~velopment of the Warbro Read Athletic Complex until November 23, 1993; and added a new Item ?.B.3.c., Set Date for Public Searing to Consider the Appropriation of $~.8 million in Unanticipated R~venue From FY93 Operations to th~ R~ervc for Future capital Projects to follow Item 7.B.3.b., Set Date for Public Fearing to Con~Xder am 0rdinanoc to Amend the Cede of the countv of Chesterfield, 1978, ns Amended, by A51endinq and Reenacting Sections 21-3, 21-9, 21-15, 21-17, 21.~-14, 21.1- 17, 21.1-281 and Adding a New Section 21-16.1 and a New Section 11.1-15.1 Relating to Administrative Variances G~anted by the Director of Planning and Fee~ and, adopted the aqenda, as amended. 6. BSP~RR~D ITEMS There were no Deferred Items scheduled at this tlm~. 7.A. ~PPOINTMENT~ On motion of Mr. McHalc, seconded by Mr. Colbert, the Board suspended its ~ules at this time tu ~llew simultaneous vote: unanimous On motion of Mr. McHale, seconded by Mr. Colbert, the Board reappointed Mr. Lane S. Ramsey, representing the County at large, w~ose ne~ is esseo~ive ~ov~mber 22, 19S3 and will expire Decembsr 13, 5997 and Mr. David ~. ~eloko~, as a~ alternate, whoss term is effective November ~2, 1993 and will expire Dece~foer 31, I~94, to serve on the Appomattox River Water Authority. ?.B. CONSENT ITEMS ?.E.X. ~DOPTION OP R~OLU~TON CO~IR~IN~ ~ROC~EDING~ OF CHESTERFIELD INDUSTRIAL DEVELOPMENT AUTnONITY FOR R~FI~wcING OF REV~UE BONDS, SERIES X~77, FOR ALLIED SIGNAL NOT TO ~XCEED $11~75D~000 On motion of Mr. Colbert, ~econded by M~. McHale, the Beard adopted the following resolution: WHEREAS, the Industrial Development Authority of the County of Chmsterfield (the Authority) has conmidermd the application of Allie~ Signal, Inoorporete~ (the Applicant), for the issuance of the Authority's reven~e bo~5 ia ~n amount no~ bo exeaod $11,7~0,000 {~he Bonds) ~e refinance certain pollution control facilities (the Project) for the ADpllcant located within the corporate limits of Chesterfield County, Virginia, and the City of Kopew~lt, Virginia, and has held a publi~ hearing thereon on November 9~ 1995; and WHEREAS, t~e A~thority has requested the Board of Supervisors (the Board) of Chesterfield county, Virginia (the County), approve the issuance of the Bond~ to comply with 93-743 11/10~93 SeGtion 147(f) of t~e Internal Revenue Code of 1986t as am~ndsd (the Code); and WHEREAS, a copy of the Authority's resolution (the Resolution) approving the issuance o£ the Bonds, subject to ter~ to be agreed upon, a recer~ of the public hearing a~d a "fiscal impact statement" wi~h respect to the Project have ~een filed wi~h the Board, ~ IT RESOLVED BY TB~ ~OARO CHESTERFIELD CO~TY VIRGINIA: 1. The Board hereby approve~ th~ i~suance of the Bonds extent required by Section 147(f) of ~a Cod~ to D~it the 2. Approval Of t~e i~suance of tk~ ~onds, as required by Seotion 147{f) of the Code, dOe~ not constitute an endorsement of the Bonds or the ~editwor~iness of ADglioant, but, as re, ired by ~ection 15.1-1380 of fha Cod% of Virqinia of 1950, a~ ~ended, the Bonds s~all Drovide that nelthmr the County nor th~ Authority ~hall be obligated pay the Bonds or the interest thereon or other costs incident Co~onwealth, ~a County nor the Authority ~hall be pledged ~ereto. 3. Thi~ ~e~olution sh~I1 ~ake eff~t ~e~ia~ely upon its a~op~ion. Vo~: Unanimous 7.B.~. TRANSFER OF FUNDS ~ ~UT~ISATIO~ Fom ADVE~ HIL~ RO~D/WI~ERPOOK On motion of ~. Colbert, ~eoonded by Mr. MoHala, the Board transferred $26,S~4 from ~e River Road/WalRe~ Quart%r Road Pro~e~t to the winterpo~ Road/Adventure Bill Road Intersection Improvement Project; au~orized th~ County A~inistrator to a~ire the necessa~ right of way; and requested constru=tlon bid~ from the project. (It is noted a copy of the vicinity sketch i~ filed with ~he papers of this 5card.) On motion of Mr. Colbert, s=conded by ~. Ms, ale! the Board set the date of December 1~, 1993 at 7:00 p.m. for a public hea=inq to consider prohibition of any through truck cT truck and trailer or semi-trailer combination except pickup or 717], from chester Road (Routes 144 and 1~5) ~e West Hundred Road and Route 10. Vet~: Unanimous 7.B.~.~. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OP THE COURTY OF CHESTERFIELD, ~978. ~g AMENDED, BY SECTION 21-16.1 1%ND A N~W SECTION RELATING TO ADHINIBT~A~IV~ VARIANGEB GRANTED BY THE DIRECTOR O~ PL~NNIN6 AND FEEE On motion o£ Mr. Colbert, seco~de~ by Mr. ~oHale, the Board est the date of December 1~, ~999 at 7~00 ~-~. for a ~blic hearing to consider an ordinance to amend the Code of the CoUnty of Chesterfield, 1978, as amended, by anending and 17, 21.1-281 and adding a new Section 21-16.! and a new Section 21.1-1~.1 relating to a~ministrative variances g~anted by the Director of Planning and Fe~. Vote: Unanimou~ m~t the date of November ~, $999 at 7:00 p,m, for a public vote: Unanlmou~ ?.B,4. ~EOUEST~ FOR BINGO/~k~F~LB ~BRMITS On motion of ~r. colbert, seconded By Yir. ~oHale, the Board approved bingo/raffle permits for Post 2239 Veterans of Foreign Wars of U.S. and Chester Lodge 1980 Loyal Order of Moo~e, Incorporated for calendar year 1994. Vote: Unanimou~ 7.E.5. A~PROVAL OF C~N~E ORDER TO DESIGN COLLABORATIVE FOR On motion of Mr. Colbert, seconded by ~r. McEale, the Board authorized the County Adminiotrato~ to e~ec~te & Cha~ge Order to Design Collaboratlve, in the a~ount of $$0,000, ~or additional ~erv~ces and re~mbureeable~ a~oclated with the dssign of Midlothlan ~ranch Library. (It is noted funds are available in ~he Progect %o cover the change order to the dssign oon~ract.) Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made repert in writing upon his examination of Westcreek Drive, Hardwood Drive and Upon consideration whereof, and on notion of Mr. Colbert, seconded by M_r. Me, ale, it i~ resolved that wsstor~k Dxiv~, Hardwood Drive and Stetson Court in St. J~mes Woods~ Clover Hill District, be and they hsreby are established as public roads. And ~e it f~rt21er resolved, that the Virqi~ia 0apartment of Transportation, be and it h~reby is requested to take into the Secondary System, Westoreek Drive extends .Il miles from the intersection of Route ?K0 to the intersection of ~ardwood Drive. Hardwood Drive extend~ .16 miles from the end of Route 6051 to the dead and. Stetsun Court extends .0~ milp~ from th~ intersection of Ratdwcod Drive to the cul-de-sac. This recl~$st is inclusive cf the adjacent slope, sight distance, clear zone and designated Virginia Department of These roads serve ~ lot~. And be it £urther resolved, that the Board of ~upervisors unrestricted right-of-way of ~0' with necessary ea~em~nt~ for This day the County ~nviroramental Engineer, in accordance wit~ directions from this ~oard, ~ade report in writing upon his examination o~ ~ing~ Lyrun Read, Brone~oft Court and Radnor Porest Court in Kin~s Lynn, Midlot~ian District. Upon consideration whereof, a~d on motion of l~r. Colbert, seconded by ~r. ~caale, it is ra~olved that Kings Lynn Road, Broncroft Co~t and Radnor Forest Court in Kings Lynn, Midloth~an District, b~ end they hereby are e~t~bli~hed public roads. And be it further resOlVed, that the Virginia D6partment of ~ranspor~a~ion, b~ and it hereby is requested to t~e into the Secondary Syst~, King~ L~nn Road e~ends .15 m~les from th~ end cf Route 1Ol0 tu t~e cul-de-sac. Broncroft Court extends .09 miles from th~ inter~ection of Kings Lynn Road the cul-de-sac. Radnor Forest COUr~ ~x=ends .05 mile~ from tho intersection of Kings Ly~ Road to ~e Thi~ request is inclusive of the adja=e~t slope, sight distanoe~ clear zone and designated Virginia Department of Transportation drain~g~ ~ese road~ serve 19 lots. And be it further resolv~, that ~e Board of guarantees to the Virginia Department of Transportation an u~estricted right-of-way of 40' with ~eo~ssary easements for cut~, fill~ and ~rainage fo~ t~ese roads. Kings Lynn is reoord~d a~ follow~: Plat Book 57, Pa~es 18 & 19, July 14~ 1989. vote: ~animous T.B.?. A~RE~ENTS FOR MAINTENANCE OF ~TORMWATER UR~IMA~R SYSTEm, S AND BEST NANAGEKENT PRACTICE FACILITIES 7.B.7.a. CHESTERFIELD AND MIDLOTHIAN WARDS STAKE OENTE~ on motion of Hr. Colbert, seoonded by Mr. MoHale, the Board authorized the County Administrator to execute an Agreement for Maintenance of a Stormwatar Drainage Syete~ and Best Management Practice Facility with Church of ~esus Christ of Latter Day Saints, the owner/developer of Chesterfield and ~idlothian Wards Stake Center, with the County's only involvement being to astute the Maintenance Agreement followed by the owner as approved by the County Attorney. lit is noted a copy of the vicinity sketch is filed with the papers of this Board.) Vet=: Unanimous 7.B.7.h. BP~/4OHWAY OFFICE P~K. SECTION II on motion of ~r. Colbert, seconded by ~r. ~cHala~ tho Board authorized the County Administrator to execute an Agreement for Maintenance of a stormwater Drainage syctem and ~anagement Practice Facility with Robert Katherman and Don Maintenance Agreement is followed by the owner aa approved by th~ County Attorney. (It ~ noted a copy of the vicinity sketch is filed with the papers of this Board.) Vote: Unanlmoue 7.B.8. AP~RO%'AL OF SEWE~ OONT~AOT FOR VIRGINI~ MOTEL 0~ ~otion of Mr. Colbert, seo0~ded by ~r. ~cHale, the Board approved a ~ewer contract for virginia Motel, Project Number 93-0060, as ~cllcws, wh~=h project includes the extension of 2~0 L.F. +- of 8 inch wastewater lines (8 L.F. +- of 8 inch wastewater line is off-site) and au~horlzed the County Admlni~trator to execute any necec~ary document~: Developer: Babubhai K. & Ils B. Patel Contractor: Stamie ~. Lyttle Com~any~ Incorporated Co~tract Amount: Satiated Total - $14,958.~0 Total Estlma=ed County Cost: Wastewater (Off-Site) - (Refund thru Oo~eotio~s) ~tlmated Developer Coot - Code: (Off-Site) - 5N-572VO-E~D District: Vote: Unanimou~ (It is noted a copy of the vicinity sketch is filed with the paper~ of this Board.) ACCEPTANCE OF PARCEL OF ~ ALONG NO,TN SPRING RIIN ROAD FRO~ TRUSTEES OF SWIFT ~E~K BAFTTST UH~RUH On motion of Mr. Colbert, secouded by Mr. Mc~ale, the Board acoa~ted~ on b~half of the County~ thc sonveyance of a 30 foot parcel of lan~ along ~orth Spring Run Road (Route 662) from the Trus~ee~ of swift ~reek Baptist Churoh and deed. (It is noted a copy of the plat i~ filed with the papers of this ~oard.) Vote: Unanimous 93-747 11/1~/93 On motion of Mr. Colbert, seconded by Mr. MeHale, the Board amended the Swift Creek Reservoir Drawdown Policy to state ~hat production will be reduued by ~0 percent (~,O00,000 gallons per day] as existing zupply and demand allow, when the Reservoir reaches two feet below spillway level. Vote: Unan±mo~s 7.~.11. A..~ENDHZNT ~ ~ZI~.F'Z~ OF OCTOBER 27, 199~ on motion of ~Lr. Colbert, seconded by Mr. McHale, the Board amended th~ October 27, 1993 ~iRutes as follows: FROK: "On motion of Mr. McHsle, seconded by Mr. Colbert, the Board renamed a portion 0£ existing Robious Road, in ~idlothlan District, as follows: Section I to "Two Team Lane;" s~ctie~ II to "Powderham Lane;" and ~ec~io~ III to "Gray Qak~ LaDe." (It is noted copies of the mep~ ar~ £il~d with the paper~ of this ~oard.) renamed a portion of existing Robious Road, in Midlothian (It ~ noted copies of the map~ are filed with the pa~ers of this Board.) Vets: Unanimous On motion of ~r. ~cHale, seconded by Er. Colbert, t~e ~card Hr. ~amsey presented the Board witch a report on the developer water and ~ew~r contracts executed by the County Adnin±strator. Mr. Ramsey p~esented the Board with a status report on the ~eneral Fund Balance; Reserv~ for Future Capital Projects; District Road and Street Light Funds; Lease Purchases$ and School Board Agenda. F~r. Ramse¥ stated the Virginia Department of Transportation has formally notified the County of the acceptance of the following roads into the State Secondary ~ystem: ADDITIONS LENGTH FAIRPINE$, SECTIO~ 4 - (E~ective 10-~5-93~ Route $152 (Berryri~ge Terrace} - From 0.01 mile North Route 3169 to 0.19 mile Northwest Route 3169 0.18 Ki Route AA35 (~unt~ville Road) - From Route 315~ to 0.05 mile Southwest Rsute 3152 0.O~ Mi ~IRPINEM~ SECTION 5 Route 3169 (Br~mbleton Road) - From 0.0~ mile West Route 3~5~ to 0.17 mile West Route 31~ 0.16 Mi Route 4436 (Huntsville Court) - FrOM Route 3169 to Route 44~ (Huntsville Road) - FrOM 0.0~ Mile Om motion cf Mr. Colbert, s~conded by Mr. Mather, the ~car~ recemsmd to the Adminimt~ation Building, Room 502, for a dinner meeting with members of the Legislative Delegation and ~chool Board to review the 199~ Legimlative ~rogram. Vote: Unanlm~u~ ~gimlatlve Delegation and School Board for meoting with the Board of Supervisors to discuss the 1994 Leqislativs Program. brief overview of the 1994 Leglsla~ive Program timetable. Mr. Micas reviewa~ the proposed Charter amendment to provide concurrently with termm of Soard of Supervimors members. public referendum in order to request a Charter amendment; concurrent or staggered with terms of Board members; and ~e~aying this issue until 1994 to allow ~urther study and Mr. Micas them reviewed the propom~d Charter a~en~e~t whioh would permit a legally binding restriction on the um~ of m~al~ tax revenu~ for ~ehool =apital needs only. There was brief dis~u~sion relative to the Supreme Court's decision on pledge bonds. ~lr. Micas then reviewed the proposed Charter u~end~ent to permit the County's Internal Auditor to review accounts an4 audits for County-related revenue. DimCummion, ccmmentm, and q~emtionm enmue~ relative to whether th~m amendment appllem to all conmt~tutlonal efflcer~; whether there are specific ~tatutea that allow for Board of Supervisors prefer to have internal staff au4it accounts as opposed to contracting with outside auditors; and deleting thi~ Charter amen4ment from the Program. 6.1 of the County Charter to add the Department of Economic Development and a Director of Economic Development~ to amend 93-749 11/10/93 Sea, ion 6.6 of the county Charter to include the Director the Department of Eoonomio Development among County who neet periodically to coordinate the financial needs of the County; and to amend Section 4,3 of the Csunty Charter to provide Sar the appointment Of Deputy County Administrators by the County Administrato~ upon approval of the Beard Supervisors. There wag brief discussion relative te adding language to the Charter amendment permitting the County'~ Internal AuditsT to review accounts and records ef cenotitutlonal officers as it relates to th~ Freedom of Information Act and the request for a Cha~ter amendment providing for the appoln=~ent of Deputy County Adminlmtrator~ by the County Administrmtor upon approval of the Board of Supervisors ori~inatlng from the Chesterfield Business Co,nell Fosug on the Futtk~e Committee. Mr. Micas then reviewed Administration of Sovernment including amending Section 65~2-102 of the coDD of Viruinia to require tha~ secondary employers of off-duty police officers, sheriff'~ deputies, or firefighters providing workers~ compensation coverage. There was brief discussion relative to the process cf current insurance coverage of off-duty police officers, sheriff's d~puties, and fireflgh~ers. Mr. Misas continued to review Administration of Government issues including amending Section 15.1-9.1:1 cf the Code of virginia to clarify that the County Attorney and hi~ assistants may prosecute violations of the Uniform Statewide Building and Fire Code~ in accordance with agreements with the Commonwealth's AttOrney and am~ading Section ~]-14 of the Code of VirGinia to specifically state that Csunty inspectors shall have limited acee~ to the Virginia Criminal information System to obtain d~iver information out-of-state vehiules. Discussion, comments, and questions ensued relative to ~iting out-of-crate vehicles &~ it r~lete~ to accessing filem; other types of info~matien license inspectors will have access to if thi~ legislation is passed; t~ purpose cf this i~ue being to enforce out-of-state registration; whether license inspector~ ar~ qualified to handle thi~ information; and add~tional information bei~ needed to in¢lude this item in the Program. Mr. Micas continued to review Administration of issues including amending Section ~.01-261(2) to ~revide ~hat preferred venue for civil suits against local government enpleyecs is the locality where t~he injury assure. There Was brief di~eu~ien relative to ~he transfer o£ VenUe Mr. Micas continued to review A~inistratlon of Government issues including unending Section 11-54(A)(4) Of the Code of virginia to require that a bidder s~lb~it eriqlnal work papers within two day~ after the bid opening if the bidder wishes to withdraw his bid due to a mistake. ~e then reviewed Budget and Fina~ce im~ue~ i~clnding amending Seotlen 59.1-279 of the Code of Virginia to permit businesses within an enterprise zone to qualify for tax incentives if 50 percent of their gross receipts are attributable to thm a=tlve conduct of their trade or business within their own enterprise 8one Or any ether enterprise zon~ within the C0~m0nwealth; amending the Code of ¥ir~inia tn permit looelities to provide ~achine~y and tools fey businesses within an enterprise zone; and ~_msndlng the Public Procurement AcC to provide that 93-750 11/10/93 locality's procurement ordinances may permit a local preference in the event of a tie bid. There was brief discussion relative to the ~uadoer Of tie bids t/%e County has experienced and other factors, other than the dollar a~ount, the County takes i~to aecou~t when awarding bids. Mr. Micas continued to review Budget and Finance issues i~¢luding amending Section 46.2-749.4 of the Code of Virsinia to allow a local governinq body to adopt a resolution~ after a public hearing, to request the co~ission of the Department There was brief discussion relative to whether this issue would be feasible. Mr. M~cas ~omtinusd to review Budget and Finance issues includlng amending Section §8.1-3~16(m) of the Code of virqinia =a permit looalitiee to exclude trailers as well boats from the requirement to prorate personal property should be included in the Program. Mr. aloes oontlnu~d to review Budget and Finance issues i~eluding a~e~di~g the 1994-96 Appropriations Act to provide $65,000 in State funding for a Sire prevention (s~rinkler) system ut Eppington. There was brief discussion relative to the Eppington Project bein~ ~ignificant and whether it is feasible to inolude this request in the Program due to financial constraints of Mr. Micas then reviewed Plannln~ and community Development i~ue~ including adding a s~etio~ to the Code o£ Virginia to permit localities to accept cash proffsr~ fre~ developers whe~ they s~bmit their subdi¥i~icn plat for review. Me noted ~he County i~ e~l~gated to approve subdivisions as long as the owner has met certain standards. There was brief discussion relative to this issue being inequitable to tho~e who have previously purchased lots and this i~ue being similar to %he impact fee issue. ~Ir. Hicas continued to review Planning and Community Development i~ues including amending the Community Development Bond Act to include ~rovisiens which would provide greater financial stability to local governments. There was brief discussion relative to th~ State =refute currently re~ui~ing t~e State Treasury Board to certify the financial feasibility of all serenity develep~en~ bond i~suee and deleting this item from the Pro~ra~. M~. ~cas cent{hued to review Planninq and Community Development issues including adopting a prevision requiring homebuilders to provide a performance bond to be used to correct deficiencies in the home found within one year of completion; amending the code of virginia to p~ovide t~at general home warranty and the foundation warranty cermet be automatically assigne~ to the first occupant of the heme~ and permitting local governments to hold a new building permit of a builder if %he builder has not repaired any Building Code deficiencies identified by the Building Official. There was brief discussion relative ~o whether amending the Cod~ of viroinia to provide that home buyers cannot waive the general home warranty and the foundation warranty diminish the ability for individuals to contract and adding language to state this warranty would be applicable only to the first occupant cf the home; and permitting local governments thc opportunity to reqUire builders to repair Buildinq Code deficiencies. ~lr. Mica~ continued to review Planning and Community Development issues including amending the Cede of virginia to authorize localities to receive Conge6tion Mitigation Air Quality Funds directly in [h~ highway allocation process that the locality can proceed with the design, right cf way acquisition, and construction of project~; amending ~e~tion 33.1-?R-~ of the CQd~ Of Virginia to eliminate the "non- speculative interest" certification the Virginia Department of Transportation (VDOT) requires localities to make on rural addition projects; emending section ~.1-75.~ of the Code of Virginia to grant localities desiring to do so, the te proceed with the design~ right-of-way acqui~itlon, and construction of road projects once the allocation of the project ~e approved by t~e Commonwealth Tran~portatlun Board; ~-mendlng Section ~.1-~1 of the Code o~ virginia to prohibit VDOT fro~ reguirlng, unless reguested by the Beard of Supervi=or~, an industrial access road to be ~on~tl~/cted as a four lane or greater roadway because of futu=~ ~v~lepment traffics and amending Section 1O.1-560 of the Code of Virginia. the State Erosion and Sediment Control Law, to allow locullties to regulate timbering (e~ept for di~eaze eradication) when it is not part of an ongoing forestry operation. Discussion, commen~s, and guestions ensued relative to the issue alla~ing localities to regulate t~mbering being a request from ~randermill area citizen~ and what,her there currently are any requirements for ti~d~ering operations taking place au this time. Mr. Micas son=inued ~o review Planning end Community D~velopment issues including ~mending tho Cede of virginia to per, it zoning inspectors, after wri=ten notice of a viclati0~, to i~ue a court summons to individuals who violate the Zoning ordinance and emending seetio~ =o provide for the indexing of the $50 per meeting payment Mr. War~en then reviewed legislation to supRort/epposs including supporting funding for the development of Phase 1 of the Jo~n Tyler community College, Midlothian campus; supporting State appropria%ionn to aid Virginia commonwealth University's undergraduate engineering school and biemedical park; supporting the capital isprov~m~nt program f0~ Virginia State University; supporting legislation which would eliminate the use of Dell books on Election Day and replucing them with printed registered voter lists; legislation which eliminates the conflict between the national Voter Registration Act and Virginia election law; supporting any legislation providing for specific penalties to be applied to 9uveniles who e~oape or a~t~mpt to emoapa from secure de~ention facilities; supporting l~glmlation to their sent=nee in a~ult facilities; supporting the Virginia leqi~latlve session; opposing any reduetiems in aid to losalltles fram the Sta~e without reduction or ellmlnatio~ racfu~re a locality to Day comp~nsatlon for a regulatory taking of private property if les~ than 10~ percent of the 11/10/93 I swner~s interes= in the property is taken; opposing any growth strategies legislation that would encroach upon the legislation requiring, separation o£ prg- and post- dispositional juveniles in !coal detention facilities; und supporting any legislatics pravantlng post-dlsposi%ional juveniles from being sent to local facilities, There was brief discussion relative to the clarification on the Virginia Association of Counties' position en the courthouse maintenance fee bill and legislation ~equiring a locality to pay compensation for a regulatory taking of private property if less than 1Q5 percent of the owner's ~nterost in the property is taken. It was generally agreed to reees~ for five minutes. MT~. Elizabeth Davis, Chairmen of the School Board, ~¢Viewed the ~chool Board's 1994 Legislative Progr~n including Supporting the confidentiality Of JUvunile Records legislation ~hioh facilitate appropriat~ and limite~ i~terage~ey s~a~ing of juvenile r~cords pertaining to the distribution of a aont~oll=d sub~tanoa, arson, or a felony involving possession of a weapon or other vlolent act by juveniles. parents being required to sign affidavit~ whe~ kindergarten o= £irs~-grads children. Mrs. Davis then reviewed opposing Equalization of sales Tax lugislation which would further equalize the d~$tributicn of ~alos ~ax raven~e through ~ha local composite index and supporting Literacy Passport l~gislation to amend and reenact the Standards of Quality ts permit students who have been identified aa having limited ~ngli~h proficiency because English is net their first or native language and who have b~en e~oll~d in a p~bli¢ SChool in the Commonwealth far less than three years to be classifie~ as ninth graders even though they have not earned the Literacy There was brief discussion relative to Litora~y legislation. Mrs. Davis tt~a~ ~eVlaw=d supporting Petty Cash Reporting legislation amending Section 22.1-123 of the Code of to permit a local school hoard to appoint an agent to act in its ~e~hal~ regarding approval of petty cash claims; supporting School Health Services legislation for school division partlalpstion in the prevision of student health services with the local health department as the primary provider of ~uch services; and supDortin~ T~enn~al legislation for reviewing study results to determine the feasibility of the Canter for Public Service to sontrol of the triennial census. She then reviewed continuing positions on State L~qi~lation, Policies, and R~gulations iu¢lu~ing funding for additional state programs, special education funding, a~d finest ~utonomy of elected local school boards. Thoro was brie~ discussion role=ire to providing for fiscal autonomy of elected local school boards. 93-753 11/10/93 Mr. Daniel reviewed an additional Budget and Finance issum which would amend Title 30-1903 Of tt%e Code of virginia to require that any legislative or regulatory mandate be required to receive a fiscal impact analymis. Discussion, comments, and questions ensued r~lative to the difference between legislative and regulatory mandates; fiscal impacts on legislative mandates; the requests originating from the effsrtm of the virginia Municipal League and the Virpinia Association of Counties; developing legislation to determine the fiscal impact on local governments for mandates and regulations; not preparing any le~islatiou regarding the Charter amendment relatin~ to ~awly appointed School Beard members ssrvlnq farms ~o run concurrently with the terms of Board of Supervisors until the Boa~d of Supervisors reaohe~ a aonsensus sn t~is issue; and the Board of Supervisors' position om the local option gasoline tax. (It i~ noted a copy of the propo~ed Legislative Program is filed wi~h the papers of this soar~.) It was qenerally a~reed to recess to the ~ublie Meeting Room Rssonvoning= Mr. Warren introduced Reverend Denj~min Brooker~ Pastor of Beulah Baptimt Church, who gave the invocation. Chief ~an~s led the Pledge of Allegiance to the Flag ef the On Dorian of the Board, the followihg ~esol~tion was adopted= W~RF~$, ~- Bruce Baldwin has worked fo~ the Atlanta General Manager; end WHEREAS, under M_r. Baldwin'~ leadership and unique promotional efforts, there has be~ a stea~y increase in San attendance at Th~ D~amond; and ~$, ~r. Baldwin'~ leadership and promotional abilitie~ led to ~e Braves breaking ~e fiv~ hundred thousand attendance mark; has finished in the top ~even in attendance for m~nor lea~e bas.ball; and 93--754 11/10/93 WHeReAS, Mr. Baldwin has been very active in sports and the entertainment huminems for the past twenty-two years; and W~R~AS~ Mr. Baldwin is to be coisme~ded for him many ascompllshments and muccemmful mamaq~mm~ of th~ ~iohmond ~$, ~. Baldwin ha~ reoeiv~ the Executive of the Lea~e, %he S~orting Hewm Baseball, an~ has, on two franchise. agpreciatlon to ~. B~ce Ball, in for his o~tstanding service Vote: Unanimous so, ice to the co,unity. for continued support from the Board and co,unity. M~. Stith introduced Mr. Robert Moore, Director c~ Community Relations for Philip Morris, who was p~eeent to receive the ro~ol~ti~n. He the~ intro~uce~ ~a. Sarah Tobias, Assistant to Director of Cor~uunity Relations, and Mr. Arthur Mallory, ~anager of civic Development, of Philip ~orr~s. on motion of the Beard, the following resolution was adopted: WHeReAS, ~4~. Robert J. ~eer~ wa~ appointed Director of Community Relations for ~hi~ip ~orri$, U,S.A,, on October 1, 1992; and WHEREAS, ~T. Moore was pre~iously Director of Corporate Affalr~ for Philip Morri~ Industrial, one Of th~ operating companies of Philip Morris, Incorporated$ and WH~EAS, prior to joining Philip Morris, M~. Moo~e held several prestigious management positions; and WHERBAS, Mr. ~oore sarne~ a Bachelor of Education Degree from Chicago Teachers College in 1951; =trended Northwestern University~ and served in the United ~tatcs Navy from 1951 to 1955; and WHEREAS, Hr. Moore was the recipient of the Philip Morris Silver Ring Award for Merit and; W~EREAS~ Mr. Moore serves a~ Chairman of the Richmond Forum ~nd Vice President of the Virginia Society to Prevent Blindness; and WHEREAS~ Mr. Moore served on the boards of The Robert E. Lee Councll Boy Scout~ of ~erlca and The Vlrg~nia ~o~e for the Incurables; and for the Richmond City Health Department; and WH~A$, Mr. ~oore, through Philip Harris, has been very instrumental in promoting Chesterfield Connty'~ ~;BlaCk 93-755 11/10/93 KiPtory Month" and renovation of Magnolia Grange through contTibutlons aa well as other metropolitan Richmond charities. NOW~ THEREFORE BE IT RESOLVED, that the Chemterfield County Doard of Supervisors does h~reby expres~ its sincere appreciatien to Mr. Robert J. ~oore for his outstanding serviQe to t~he community. Vote: Unanimous Mr. Daniel presented the executed resolution to Mr. Moore~ accompanied by Ms. Tobias and Mr. Kallery, and e~-pressed appreciation for hi~ contributions and service to the e0~m~unity. Mr. Moo~e expressed appreciation ~or ~hs reoo~nitlen and stated his accomplishments ara due to working with those at Philip Norri~ and noted 43 percent of Philip Morris employees reside in ches%er~iald County. 11.C. REC.OSNI~TN~ MR. ~DDIGON EDWARD8 8L~¥TON. JR. FOR Chief ~anes introduc=d ~i~. Addison Edward~ Slayton~ Jr. who was present to receive the resolution. On notion cf the Board, tho following resolution Wa~ adopted: W~EREAS, Mr. Addi~o~ Edwards ~layto~, Jr., a native of Richmond, virginia; a graduate of Virginia Co~onwealth Lieutenant Colanel, has served in many position~ in Virginia ~erqency services including stat~ Coordinator of services, initially appointed by ~e Governor in 19S5, ~A$, ~r. ~layton manage~ the State'~ emergency presid~ially ~mclare~ ~lood disaster~ in Virginia in ~ER~, ~- Slayton has served a~ a member and chairman of a n~er of s=ate and fsde~al emergency coun=il~, advisory co~itt~e~, and b~ards includin~ Chairma~ of the state Hazardous ~=terial~ Emergency Respo~s~ Adv~mo~ council; of th~ Nationa~ ~ergency Management Association, T~aining, ~E~AS, Mr. Sla~on ~rovi~d s~ate ~raining in ~ergency services to suppo~ the Co~ty's preparedness; provided ~idance in ~he ~avelopment of the County'~ ~ergency Operations Plan; and provided liaison Agency d~ri~g I~t~ for red--al assistance in the tornado; and ~REAS, ~. Sla~on was highly supportiv~ of aggigtance 1993, when ~. ~%hur War=eh, Chai~n of ~e County Board of Su~e~i~ors, m~d BattaI~on Chief Henry Grodski of the Chest~rfiel~ County Fire Department, pa~icipated in delivering local donationm to =he flood striven area. ~1/~0/93 NOW, T~EREFORE BE IT RESOLVED, that the Chesferfield County Board of Supervisors, on be/%al£ of its members and the citizens of Chesterfield County, publicly recognizes and expreeses its appreciation to Mr. Addison Edwards $1ayton, Jr. for the valuable emergency preparedness and management assistance rendered to Chesterfield County and the State of Virginia. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Slayton and that this resolution be permanently recorded among the papers eS this Board of Supervisors of Chesterfield Countyt Virginia. Vote: Unsni~o~s the County and the State in emergency disaster relief effort~. Mr. Slayton expressed appreciation for the recognition and r~cog~ized the expe~ie~¢e a~d expertise of the County's Yire Department staff who have resently received tha Certified ~mergency Management Credential. ~e noted the Chesterfield County Fire Departm~n~ ia th~ firs~ to receive this Credential in the united States and stated this is an indication cf the level of emergency preparedness the citizens of Chesterfield County can expect. ll.D. RECOSNISIN~ MR. STERLIN~ HAWKINS FOR EFFORTS ON BEHASF Mr, Stith introduced Mr, Sterling Hawkin~ who was present to On motion Of the Board, the following resolution was adopted: WI~EREAS, Mr. Sterling Hawkins has been chosen by the virginia citizens ~lanning A~seeiation to receive the orqanization's "Citizen Award for 199~," recognizing him for outstanding work done on behalf OS the village of through the use of planning; and through the ~t~ric~ village planning process, assisted in the formation of ?'Ettrick on the Move;" and the implementation of the adopted Ettrlok village Plan and has achieved many of the object~ves identified by ~r. ~awk~nn and other founders of the group; and WHEREAS, citizen~ like Mr~ Hawkins make the difference in any community revltali~ation effort; and W~=REA$, without Mr. Hawkins' commitment, ~ive~ v~on, th~ effort would lack th~ catalyst that ~ide~ ~E~S, by Mr. Hawkins~ 9ositlve a~tltud~ and proactive approach, he has affected change in the Village of Ettrick. NOW, TK~EFOR~ BE IT R~S0LV~O, that the Chesterfield cowry Boa~d of Sup~or~ publicly r~ogniz~ Mr, St~rling citizens of ~este~field County, their appreciation for his Vute: Unanimous ~3-757 11/1Q/93 accompanied by offices J&mes A. Andrews ef the Che~terfleid County Police Department~ ~n~ Mr. John Stackhouse, President of ~ttrick on the Move; congratulated him on his accomplishments; and expressed appreciation for the outstanding work he has done for the Uillag~ of ~ttrick. C~Y INVOL%'E~E~T C~ief Pittman introduced ~r. John Staskhouse, President of ~trick on the ~ove, an~ Officer J~es A. ~d~ews of ~esterfi~ld county Police Depar~n%~ who were present to r~ceive the r~olut~ons. On mu~iu~ Of the ~oard~ the following re~olution wa~ ~AS, a coalition of citizens and busina~e~ formed purtnership %O improve the ~allty of life ~n :he rill=ge 0f ~t=ri~; and ~ER~S, this coal~tlon, "Ettrlck on the Move," has achieved numerous goul~ ~ruugh ~e vol~teer effo~$ 0f citizens; ~ER~S, an increased awareness of crime and a Petite Department in reducin~ crime; and ~E~AS, untiring efforts have ~een devoted t0 improving the ~%ruc%ural beauty of ~ttrick buildings; and ~R~AS, the overall general appearanc~ uf Ett~iok has attained a new brilliance; W~EAS, "Ettrick on the Move" h~ promoted a partnership with Co~ty governmental agencies to facilitate chan~; and ~s, the culmination of ~ work resulted ~eceipt of ~e Governor's Award for Co,unity Crime Prevention for 1993. NOW, THEREFOR~ B~ IT ~SOLVED, thut the Chesterfield Move" for its untiring and s~tfless ~e~ice and Oo~i~ent to the bette~en~ o~ ~e ~allty uf lif~ for the =itizen~ of Village of Ettri~. Vote: Unanimous ~. Colbert recognized approximately 15 membmrm of Ettri~k ~he Move who were present a~ th~ meeting; pre~ent~d the of the Village of Mr. ~wklns ~Dresse~ a~rucia~iun ~o ~e Board for the bett~ent of th~ 93-758 11/10/93 On motion of the Board, the following resolution was adopted: Mr. William D. Boy~a on Februa~ 8, 1910~ and ~ER~S, ~e Soy Scouts o~ ~erica wam ~oundmd pr~ote citizenship training, personal development, amd fitne~ of indivi~ualm; and ~E~S, after earning at least twenty-one merit badges in a wide variety of fiel~m, mervi~g in a leader~hip pomition ~n a ~oop, carrying out a mervlce project beneficial to co~uniky, b~ing active in ~h~ troop, ~emon~trating Scout spirit, and living ~p to the Scout Oath and Law; and Air BaDtimt Church, ham accomplish~ thom~ high standards of co~itmen% and has re~ohed ~e long-sought goal of Eaqle SCOUt whioh i$ received by loss ~han Dwo p0rcent of individuals entering the Scouting movement; and ~E~AS, growing through his experiences in ~couting~ himself on the great accomplishments of his County, Eric citizens of whom we can all be ve~ proud. NOW, TK~EFO~ BE IT RESOLVED~ that the Chesterfield congratulationm to ~. Eric Boynton and a~knowlmdgms the fortune of the cowry to have much an outmtanding young man a~ on~ of it~ Vote: Unanimous ~. Barber presented the executmd resolution to ~. ~oynton, acoompanied by members of his family, and congratulatad on his outstanding a~i~v~ment. On motion of the Boarde the following remolution wam adopted: W~ER~AS, the Boy Scouts of ~merica was incorporated by ~r. Willi~ D. Beyce on February 8, 1910; and WHEREAS, the Boy scout~ of A~erica was founded to promot~ citizenship training, personal d~v~topm~nt, and fitnes~ of individuals; and ~ER~S, afte~ ea~i~g at least twe~ty-on= marit badges in a wldm variety of fields, se~in~ in a leadership Dosltion in a troop, carrying out a me,ice project beneficial to his co~ity, being active in the troop, dmmonmtrating S=ou~ mpirit, and living up to the Scout oath and Law; and ~ER~S, ~. Timo~y Micha=l Hail, Troop 893. mponmored by saint E~ward's Ca~olic C~U~CR, ~as accomplished thos~ high standards of co~itm~nt and has reached the long-sought and W~EREAS, growing through his experiences in Scouting, learning the lessons Of responsible ~itizen~hip, and priding himself on tke g~eat accomplishments of hi~ County, Timathy i~ indeed a member of a new generation of prepared young Citizen~ of whom we can all be very proud. County Board of Supervisor~ hereby ex,ends its ¢oegratulatlon~ to W_r. ~imothy ~ichael ~all and a~knowledges the good fortune ~f th~ County fo have s~h an out~tandi~ young man a~ one e£ its ~it~zen~. Vote: Un~nim~us Hr. Barber 9resented the executed re~olution to Mr. Hall, accumpanied by m~b~s of his family, and congratulated him on hi~ outstanding achievement. On motion of the Board, the following resolution was adopted: WH~REkS, the Boy ~Go~ts of ~J~erica wa~ inc0~po~ated by Mr. William D. Boyoe on February 8~ 1910; and promote citizenship training, personal development, and fitne~ of individnal~; and in a wide variety o~ fields, se~i~g iD a l~ader~hip position in a troop, carrying out a service project beneficial to hfs co,unity, being aGtiv~ in the ~roop, demonstrating Scout Epfrit, and living up to the Scout Oath a~d LaW; and ~EREA$, ~. Adam J. Meats, Troop 897, sponsored by Mount Pi~gah united Methodist Ch~ch, has accom~lluhed those high standards of cummitmeDt and haE reached ~e long-sought ~S, ~owing through hi~ e~eriences in Scou%in~, l~arnin~ the lesson~ of re~on~ibl~ ~iti~enship, and priding himself on the great accompli~en~s of his county, Ad~ is indued a m~mb~r 0f a n~w generation of prepared young acuomDanied by members of his f~ily, and oon~atulat~d him on h~ out~tan~ng achievement. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of Anerica wa~ incorporated by 93-7~0 11/10/93 WH~ASr the Boy Scouts of ~or~ca ~a~ founded to promote citizenship training, personal deYelopment, and fitness of individuals; and WHEREAS~ after earning at lea~t twenty-one merit budges in a wide variety of fields. ~erving in a leadership Dosition in a troop, currying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and ao~o~plimh~d tho~ high standards of co~itment and has roachod ~ long-nough~ g0al of Eagle Scout which is received by le~s than two percent of tho~ individual~ entering the Scou%ing m0v~ent; and ~S, g~0wi~g through his experiences in Scouting, learning the lessons of resmon~ibl= =itizen~hip, and priding himself on the groat a~compli~hment~ 0f hi~ Co~hty, Bryan i~ citizens of whom we can all be very proud. NOW~ TME~FORE BE IT RESOLVED, ~at the Chesterfield congratulations to ~. B~a~ C~ist0phur Steverson and Vote: Ununimou~ steverson, accompanied by members of his family, and ll.F.$. 1~. BENJ~i~IN SGOTT 8~UEL On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by ~r. Willlam D. Boyce on F~hruary 8, 1910; ~d W~EREAS, the Boy $¢0~ oS A~erlca was founded to promot~ citizenship t~aining, personal development, and fitness of individuals; and wM~S, afuer earning a= ~ea~= ~wen~y-one meri= badges co--unity, ~ing active tn the troop, demonstrating Scout spirit, un~ l~v~ng u9 =o ~ Scout Oath and Law; and by south Minster Presbyterian ~urch, has accomplished those high standards of ~o~itment and ha~ reached the long-~ought goal of ~agl~ Scout which is r=¢~iv~d by i~ ~an two percent of t~0se individuals entering the Scouting movement; WH~S, growing ~ruugh his experiences ~n Scouting, learning ~e le~on~ of ~e~pon~ible citizenship, and priding himself on ~e ~at aQ=ompllshments of his County, Benjamin is i~deed a ~e~er of a n=w generation of prepared young citizens o~ whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, ~ha= ~ ches=erfield County Board cf Supervisors h~reby extends its congratulations to ~. senjamin scott Samuel and acknowledges 93-761 11/10/93 the good fortune of the Courtly to have such an outstanding young man a~ one of its citizens. Vote: Unanimous Mr. Daniel presented the executed resolu%ien to Mr- ~amuel, Benjamin's father, and stated Benjamin i~ -unable to be present as he is serving with the U.Z. ~a~ in Orlando, Florida. He congratulated Hr. samuel on Benjamin's outstanding achievement. On motion of the Board, the following r~olutlon was adopted: WH=R~A$, the Boy Scout~ of A~erica wa~ incorporated by Mr. William D. Boyoe on February 8, 1910; W~EREAS, the Boy Scouts Of America was founde~ promote oiti~enship training, per=cna1 development, and fitness of individual~; and ~s, after earning at l~a~t twenty-one me, it in a troop, carrying out a service ~rojeot be~ef{clal to his ~pirit, and living up to tSe Scout Oath and ~w; and ~R~S, ~. Jamie StapletOn, Troop 819, ~pon~ored che~ter ~is~opal Ch~h, ha~ aocomRlished tho~ high ~tandard~ of occident and has reached th~ long-~ouqht of Eagle Scout which is received by less than two ~=~S, growing ~ro~gh him experi~ncem in Scouting, learning the lessons of r~mponmlble ci~izmnmhip~ an~ priding himself on the gr~at accomplishments of his County, indeed a me,er of a new generation of prepared youn~ citizens of whom we can all be very proud. County Board of Supervisors h~raby extends its congr~ulatlon~ ~o ~. Jamie Stapl~ton and acknowledges the good fettle of the County to ha~e such ~n outstanding young man ms one of its citiz~n¢. Vote: Un~nlmou~ Stapletun, accompanied by ~b~ of hi~ family, congratulated him on his outstandin~ achievement. (It is noted ~. ~drew cole~n Holswade was unable to be present ut the meeting and hi~ E~gl= Scout ruCog~itio~ will be res¢heduled for a future meeting.) Ms. B~nnett introduced Mr. Tom Grizzard, representing the Optimis~ Club of Jame~ River/Chestsrfield and Mr. Ralph Bol~ing, representing the Youth Services Citizen Board, who On motion of the Board, the following resolution was adopted: 93-762 11/10/93 WHEREAS, the Bosrd of Supervisors recognizes the need for positive and healthy youtk development in Chesterfield County; and WHEREAS, tho Board of Supervisors created +_he Youth Services citizen Board to advocate for youth hy creating conditions in cur community to promote the well being of young people; and WHEREAS, the Youth Services citizen Board draws On the extraordinary tale~t~, commitment, and dedication of youth and adult citizens to organize projects which address the needs and concerns of our young people; and W~EREAR, the Board of Supervisors recognizes the efforts of the Youth services citizen Board; tt%e Optimist Club of James River/Chesterfield; and ~ignet Bank to stimulate constructive youth activities through their sponsorship of the Annual Youth Awards Programs and outstanding caurage~ compassion, and ~ervice t~ their community through volunteering, extracurricular activities and ~ndiv~dual prejeats~ and WHEREAS, ~a~y adults Of Chesterfield County demonstrate outstanding fortitude, sensitivity, and ~e~vioe ~hrough their work for youth; and ~{~REAS, the Chesterfield community should acknowledge the accomplishments and needs of their young people. NOW, T~EREFORE BE IT RESOLVED, that the Chesterfield County Boar~ 0£ Supervisors ~e~ hereby recognize November I4-20, 1993 as "Chesterfield County Youth Week." AND~ BE IT F~/RTHER RESOLVED, that the ~oar~ of Sup~rvisor~ re¢ogni~e~ Nove~mber 17, 1993 as the Eleventh Annual "Youth Awards Night" to honor outstanding young people for their courage, compassion, and service and cut,tending adults for their fortitude, sensitivity, and service to young people. Vote: Unanimous ~r. ~cHale presented the executed reeelutions to Mr. Grizzard and Mr. Bolling and ~pressed appreciation for their efforts in promoting ~he well being of young people. Dr. Betray stated he is an owner of a residential alarm citizens regarding the public hearing on alarm ~y~t~ms~ the manner in which the ordinance wa~ draft=d; and the ordinance libraries; =h~ designee of th~ Chief o~ Police being identified a~ a deputy to en~ure competent review of permit appllcatioas and appeals; ~he requirement to o~taln a ~ermit; hearings. 93-763 11/10/93 Mr. Barber sba=sd the 9ublic hearing was held in conjunction with the budget process and due to substantial oppoeition~ he and the County Attorney held several meetings with representative~ of the alarm industry. He further stated from those maetlngs~ a committee of consumers and alarm professionals was established to review the ordinance and penaltie~ and after considerable input~ the ordinance was adopted by the Board. There wa~ brief dlscus~ion relmtlve ts the concerns expressed by Dr. Defray and the manner in whio~ r~s ordinance was addressed and, specifically a~ it r~lated to the number of false alar~ each year. Mr. Warren instructed staff to review and respond to Dr. Bsrrey'z cummsnts and to advise the Board as to whether the ordinance ~ay need to he amended. 13. PU~LI~ ~ ~CTIN~ SECTION 14.1-27.i RE~TING TO RE~OVAL OF ~U~H VEHICLES Mr. Micas stated this date and time has been advertlsmd for a public hearing to eon~ider an ordlnanc~ relating to restriction on keeping inoperative motor vehicles and removal of such vehicles. He further stated the proposed amendments will allow only one inoperable vehiole to be kept outside of an enclosed building and will results it to be covered or screened from view by only one of the following three methods: (a) a form fitted cover spscially manufactured for the vehicle, (b) a hedg~ net less tha~ six feet in height, or (c) a wall or fence not less than six feet in height. Mr. Daniel inquired a~ to whether the proposed ordinance is similar to Henries County's ordinance. Mr. Micas stated the proposed ordinance is similar. Mr+ Sterling Haw~i~ ~tated n~ Te~idn~ in the Village cf Ettrick; that he supports ~ending the ordinance relating to inoperable vehicles, however, he dce~ not feel the ordinance this problem; that hs feol~ ~hs ordinance ~hould assist in ~mprovlng appearance as well as reducing crime and, therefore, the erdi~ane~ ~honld bo more re~trlctlvs and allow County inspectors to confine inoperable vehicles to beckyards only. There being no one else to address this ordinance~ the p~blio hearing was closed. Discusslcn, comments, and questions ensued tel=hive to the t~es of ~ituation~ thi~ ordinance will address; the ordinance allowing only one c~r which is properly screened and not allowing multiple oar~ to be kept in ba~kyards; whether the ordinance is site specific as to whore inoperable vehioln~ may be kept; and the Board addinq an add~tlonal amendment ts the ordinance to restrict inoperable vehicles ~u baekyards only. ~r. HcHals stated he could support adding an amendment to the ordinance to restrict inoDerahle vehicles to baekyards only. it was generally agreed for the Board to adopt the proposed ordinance at this time and for staff to bring bask to the 11/10/95 Board an amended ordinane~ restricting the location of inoperable vehicles to hackyard~ only. On motion of Mr. Daniel, seconded by l~r. McHale, the Beard adopted the following erdinancs and instructed otaff to bring back t~ the Board an amended ordinance restricting the location ef inoperable vehicles to baokyards only: AN ORDINANCE TO AMEND THE CODE OF TilE_COUNTY OF C~E~TE~FIELD, i978, AS A~E~DED, BY AMENDING AND REENACTING SECTION 14.1-27.1 RELATING TO RESTRICTION ON KEEPING INOP~TIVE ~0TOR V~HICLE$; REMOVAL OF SUC~-EHICLE~ BE IT ORDAINED by the B~ard of Supervinor~ of Ches=erfleld County: (1) That Section 14.1-27.1 of the code of tho County of ChesterfieI~, 1978, a~ amended, is amended and reenacted to reed as follows: Sou. 14.1-27.1. R~trioticn on keeping inoperative motor vehiole~; removal of such vehicles. (a) It shall ~e unlawful for any person, firm or to keep, except within a fully enclosed building or otherwise ~hleldud or ~creen~d from view by s method provided below, on any property zoned A, R-88, R-40, R-25, R-15, R-12, R-9, R-7, R-TH, R-MF, MH-1, ~4H-2, 0-1, 0-2, C-i, C-2, C-~, C-¢ or 0-5, any ~etor vehicle, trailer or semitrailer, ss such are defined in Code of Virginia, section 46.2-100, which is inoperative. The only method~ of shielding or screening an inoperative vehisl~ permitted under this section shall be follows: (1) A for~ fitted, defect-free cover specifically deslgn~d and manufactured to completely shield the motor vehicle, trailer er $emi-~railer from view; (~) A he, ge er dense evergreen landscape planting not less than mix (6) feet in height and ten (10) feet in width that i~ n~at and w~ll maintained; and an opaqu~ mamonry wall or treate~ wood fence of a stockude, hoard and batten, panel or similar type design in good repair of not less r~hat mix (~) £eet in height and ten (10) feet in Width, provided such wall or fence meets the res%rio=ions se~orth in C~apter 21 a~d 21.1 of th~ Code. lb] ~otwithstunding prov~sion (a) abovs, it shall be unlawful for any person, ~irm or corporation to ksep note than one (1) motor vehicle, trailer or semitrailer~ am such are defined in Code o~ V~rginia, section 46.2-100~ which is inoperative outside of a fully enclosed building and shielded er screened from view pursuant to sections (a) (1), (2) or (3) above on any property zoned A, R-SS, R-4O~ R-25, K-l~, R-12, R~S, R~7, R-TH, R-MF, MH-1, MH-2, O-1, 0-2, C-i, C-2, C-3, C-4 or C~. (o) The owners of property zoned A, R-SS, R-40, R-2S, R-i~, R-12, R-9, R-7~ R-TH, R-MF, M~-i, M~I-~, O-1~ O-~, C-l, C-2, C-3~ C-4 or C-5 shall remov~ ther~fro~ aDy $~ch inoperative motor vehicles, trailers ~r semitrailer~ which are in violation Of this seotioa within thirty ($0) days after being given notice by the county to ~emove such inoperative motor vehicles, trailers or semltrailers. Notice to remove shall be deemed given when ~ail~d to the owners of the property on which such inoperative motor vehicles, trailers or semitrailers are located, by certlfi~d mail, return receipt 9~-755 11/10/93 reguested, to the same address to which rsal estate tax bills are mailed to ~uch o~ers cf property. If much owner~ of property do not remove such inoperative ms=er vehicles, trailers er semitrailers from such property within thirty (30) days after being given notice to do so by the county, then th~ county, its agent cr employees may remove such inoperative motor vehicles, t~ailers or semitrailers from such property and, after giving an additional ten (10) days' notice to the owners of the vehiclss, ~ay dispose of such motor vehicles, trailers or semitrailers. Notice of ~isposal of ~uch motor vehicle~, trailers or semitrailers shall be deemed ~iven when mailed by certified mail, return receipt requested, to th~ last known addre~ of the owner cf inop~ratlve no=or vehicles, trailers or semitrailers. The cost of removal and di~po~al of s~ch inoperative motor vehioles, trailers and eemitrailnr~ ~hall he chargeable to the owners cf the property from which such inoperative motor vehicles~ trailers and semitrailers were removed and to the owners of such inoperative motor vshicle~, tra~ler= and semitrailers, and may be collected as taxes and levies are collected. Every cost authorized by this seoti0n against the owner of the property from which such inoperative motor ve~icles, =railers and semitrailers was removed constitute a llen against said p~ope~ty, the llen to continue until actual payment cf such costs has k~n made. (d) Aa used in this section, an "inoperative motor vehicle" shall mean any motor vehicle which is not in operating condition; or which for a period of sixty (60} days er longer ham b~en partially or totally disassembled by tbs re,oval of required far operation Of t~e vehicle or on which there are displayed neither valid license plate~ nor a valid inspastion decal. (e} The provisions of this section shall not ~pply to any business lawfully conducted on property that ~s zoned to permit the keeping of inoperative motor vehicles, trailers or semitrailers; nor shall the provisions of this section apply to a licensed business which on June 26, 1970, wa~ regularly en~u~¢d in bUuinesu as an a~te~obile dealer, ~elvage (f) Compliance with this section shall not exempt amy owner of an inoperative vehicle from the license tax imposed by Se0%ien 14,1-~0 of t~e Code. (2) That this ordimance shall become effective immediately upon adoption. Vote: Unsnimou~ COUNTY O~ C~ESTER~IELD~ 197~ ~. 3acob=on =tared thi~ date and ti~e has been advertised for a publi~ h~arin~ to consider an ordinance to allow boat sa~es, repair, ~ervlce, and rental fro~ General (H-Z and I-~) Districts. He further $%ated ~taff and the ~ann~ng Co~on reco~nd~ adoption of the ordinance. NO one came forwar~ to speak in favor of or againmt =him Oh ~otio~ of Mr~ McHale, ~eco~ded by Mr. Colbert, the Board adopted the followlng ordlnance: AN ORDINANCE TO AMEND THE CODE OF THE ~QU~T¥ OF CHESTERFIELD, 1978, AS AMEKD~D, BY RE~ACTING SECTION 21-186 ~D $~TION 21.1-1~O ~TING TO P~ITTING BOAT S~S, S~RVIC~, R~AIR ~D B~ IT O~AIN~ by the Board of Bupervlsors of (1) Tha~ the ordinance adopted April 1~, 1989~ a~ending Chapter 21 of the Code of the County of Chezterfluld, 1975, as ~e~ded, i~ a~e~ded a~d ~eenacted to road as follow~: Sec. 21-186. Pormitted use~--Bv richt. wi~in any M-2 District, no building, structure or any part, e~cept for one of th~ following ~ses, ~ubju=t to the provisions of Division (1) ~y ume pormltted in the M-1 District. (3) Buildinq mnterials--~toraga and sale. (4) Contractor sh~ps and storaq~ (5) Cottonseed o~] (6) Dairy product~--manufacturing. (10/23/74) (7) Roserved. (8) Electric transfo~ing stution~ (not public utility). (9) ~lectrical transmission and distribution e~ipment, houmehold applian~e~, industrial apparatus, and other elec~rlcal maohinery, equipment, and manufacturing, (11} Furniture aha fixtures--manufacturing. (12) Ice-manufacturlng. (13) Macaron~ ~paghett{, ve~i~lli, and (14) Mam~ transportation. (1~) Other fabricated me,al pru~uctm manufacturing (1o/23/74) (16) Other food Dreparations and kindred products-- manufacturing. (17) Reserved. (18) ~ottery and related productm--manufactur~ng. (19) ~ubllc utility ntorage yards. 93-767 11/10/93 (21) (~> (2~) (27) Shortening, =aBle oils, margarine, and other edible fats and oils--manufacturing. Signs and advertising displays--manufacturing. Soybean oil ~illi~g. Sugar--manufacturing. Tobaooo--manufacturing. Textile mill product~--manuf~cSuring. Truck terminals. Vegetable oil milling. Wholesale greenhouses. (11-~?-7~, 1-23-74~ 10-20-74.) Permitted Uses--By Right. 22-1; Within any I-1 District, no buitdlng~, structures or p~e~i~e~ ~hall be u~ed, arranged or designed ~o be use~ except for one or more cf the following Manufacturing of apparel and Ot~e~ finished products made from fa~ric~, l~ather, and ~im~lar mat~rial~, except l~ather tanning. (b) Bakery products manufacturing. Ic) ~lsnding, mixing and compounding of ~n~fa~tu~d good~. (d) Boat ~ales, service, repair and rental. (e} Bottling and c~nning soft drir~e and (f} Brooms and brush~ manu£auturing. (g) Catering establishment. (h) coating, engraving and allie~ ~rvice~ (nou to include engraving, plckllng, anodizing, or other metal surface treatment), (i) Cold storage. communication studios and station, no~ to include towers (see restricted (k) Confectionery and related products (1) Co~verti~q ~a~r to papnrboard products~ paperboard containers and boxes. manufacturing. (n) co~t~e jewel~y~ oost~e novelties~ buttons and miscellaneous notions {except precious (o) D~ cleaning plant~. 93-768 11/10/93 (r) {t) (u) (x) (aa) (bb) (cc) (gg) (nh) (mn) Electric, lighting and wiring equipment, household appliances, computsr e~ipmsnt, co~unication equipment (including rmdio and TV) and electronic components manufacturing. Fabricating sheet metal products. Freight forwarding, packaging and crating services, not including tre~k Industrial and vocational training ~chools. Jewelry, silverware and platedware manufacturing. La~ora~arias and other rssearch and d~velopment facilities. Lamp ~hadcs manufacturing. Linoleum, asphalt-feltbase and oth~r hard Machine shop. Motion ~icture production. Offlces--governmental~ business, profemsi0nal ~aper recycling by the compaction method. Pens, pencil~ and other office and artists' Pharmaceutical products manufacturing. Photop-raphi~ and 0Dtical g0od~ manufacturing. Printing, publishing and allied industries. Professional scientific and contro11ing instruments manufacturing. Rac=ifying and blending liquors. manufacturing. manufacturing. Tey~, amusement, sporting and athleti~ goods Tool and equipaant rental 93-769 11/10/93 (qq) Travel arranging and transportatio~ tic, et (rr) Umbrellas, parasols and canes ~anufacturing. (es) Underground utility uses except a~ provided in located in easenents or public roads rights of (tt) Warehouses. (uu) Watches end clocks manufacturing, (w) Wholesaling houses and distributors. (wv) Wine, brandy and brandy spirits manufacturing. (2) This ordinance shall become effective immediately upon adoption. 13.~. TO ~ON~IDER ~N ORDINANCE TO AMEND THE COUNTYOFCHZBTEREIELD. 1978. AS AMENDED. B~ AMenDING ~ RE~N~CTIN~ ETTI~ION 11.1 AMD SB~TTON F~r. stith stated this date and time has been advertised for a taken by the Board and Plaru~ing Commission and stated the He. C~eryl Morrell, State C~airman of Mothers Against Drunk Driving (MADE) and Victim Advocate for the State of Virginia, stated she feels the safsty, security, an~ lives of children to alternatives that may assure children will not be damaged by something we have the ability to prohibit; that alcohol- related accidents are the lead~ng cause of death of youth community and businesses to form a partnership to do what is ordinanGe will negatively impact b~sines~em but will assist in oliminating an opportunity for young people to aloohol; that similar ordinances have been adopted in other localities; that the county does have incidences involving underage drinkinq partially due to easy nooses; that there is that alcohol-related accidents costs the taxpayers $50 billion annually; and indicated her support of tho ordinance. speaking as a citizen of the County, a parent, and a through the Department of Alcoholic Beverage Control (ABC) in which all prospective and present licenses need to apply for prior to issuing permits to sell alcohol and reviewed the process which is followed; that his restaurant is located within 500 feet of Midlothien Middle school; that he does not serve underage children in hi~ =estaurant; and ~hat his business is community oriented and he feels the propo~ed ordinance will negatively impao~ him a~ a bu~ine~ owner in the future at the time he sells his business since the new in order to continue selling alcoholic beverages; and that he 95-77~ llflo/93 feels the responsibility us underage children clrln~img is the responsibility of parents. Ms. Dianne Flournoy, Pirst Vice-President of the Richmond Association of Realtors, stated she ~ ~ea~ing on behalf of the Association; that they oppose the proposed ordinance; that the A~coiation condemns underage drinking and supports efforts to pro.acute individuals who sell illegally to those und~ the legal d~inklnq age; ~_hat they do not feel the ordinance is fair or would prove to be effective; ~.hst the proposed ordinance penalize~ all privat~ property own~rs within 500 feet of schuul~ =n~ in ~e ~u~ure would negatively impact individual~ who ~ell their ~tabli~hments ~at sell alcohol for on-pr~ise consumption would find the valu8 of ~ei~ bu~inez~e~ and p~op~=ty diminished because potential buyers would have to undert~e ~ task of applying for a co~diti0~al-use pe~it; and ~ut o~ers of these establls~ent~ are adequately regula=~d by the ABC Depurtm~nt. She e~rmssed concerns re%stirs to the reason ~e Director of Planning and County/School staff regarding ~is issue. She ~ubmi=te~ her co~n~s into the record. ~ere was brief discussion relative to the input received Association of Realto~ ~ega~dihg this pruposcd ordinance and M~. JO~ COgbill, C~ai~an of ~e Chesterfield Business Co.oil, state~ the Council feels the 9ropos~ ordinan=m but ~eel underag~ driving should be th~ r~sponsibility of parents; that the ABC Depar~ent monitors where and how alcoholic beverages are ~old; ~at none of the ~u~rounding ordinance; that the Council could not support an ordinance which provide~ limiting on-premise ~ale of alcohol within ~00 fee= of a school~ that there are no restrictions within County that limits the sale of alcohol in c~on~ pro~imity underage drinking; and that the problem of underage driving fear wa~ chosen to limit activity; and ~taff no~ bein~ to document a compelling ~eason to uuppu~ adoption of ~i~ ordinance. He requested the Board not to adopt the p~oblem of ~der~ge drinking; that he feels most school-age res=auran~ has reduced ~i~nifioantly over ~a years; ~at ~jority of problems a~so=iated with underage driving do not deal with on-praise locations; ~at private and partner~hlp~ ar~ ~mportant to the Co.unity and ~e County responsibility of un~erage drinking shoul~ be placed on the will not ad~e~s the problem of und~rag~ ~ri~ing. =~ked, he stated his restaurant is located within ~00 feet Hidlo=hian ~iddle school and wi=him 500 feet of J. B. Watkins Mr. Mark Fulghum, an 0w~er of Caddy's Restaurant, stated he £eel~ the ordinance is directed towards on-premise licensee~; that the restaurant is within 500 fee5 of Midlothian Hiddle School; that, to the best of his knowledge, middle school ~tudents have never tried to order alcoholic ~svereges from the restaurant; that there is a convenience store located across the street from the restaurant and he feels it is mere accessible to students in obtaining alcohol; and that the problem is more pronounced with these types of off-pre~iso licensees rather than on-premise licensees. M~. June Purdy stated she owns a small shopping center in Chester; that she feelm this ordinance penalizes establishments Which sell alcohol and questioned the reasoning of the ordinance being initiated; that ~he feels the majority of children most likely purchase alcohol at oonveni~n0e stores; that the ordinance does not address exlstlnq restaurants or those in the future; that the proposed ordinance will not stop underage drinking; that she feels accessibility of alcohol in the home has contrihute~ to underage drinking; that the ordinance will negatively impact existing businesses; and that thee is no guarantee that adoption cf this ordinance will stop or =cd,ce nnd~rage drinking or crime, she requested the Board ts obtain statistics from restaurants within the County wher~ underage d~in~inq is an issue. Mr. Warre~ ~aferenoed Police Department crime statistics from January 1, 1992 of a particular restaurant located within 509 feet of a school. Mr. otis Patton stated he is a resident of the Co~ty and expresme~ concerns relative ts the inoi~enCs sited and how it relates to the location of schools~ that the proposed ordinance w~ll not reduce underage drinking and he feels the ordinance is addressing a problem which it cannot control; and that ~xi~ting businesses should he allowed to continue curr~nt operations w~thout diminishing the value of their business. There being no one else to address this ordinance, the public hearing was closed. ar. sarber stared being a teacher and parent he acknowledges underage drinking a~ an important issue. He further stated he feels the proposed ordinance was initiated without public eutsry and support, that there has been no response from the school ~oard in supporting this ordinance as they do not feel a p~cblem exists with establishments located in close proximity to schools, and citizen inpu= a= ~he ~eard and Planning Commission luYel indicates more opposed t~an in supper= of t~is ordinance. He s~a~ed the proposed ordinance does not address or clxarly identify a specific problem, therefore, the~e is no compelling reason to adop= the ordinance at this time. He expressed concerns relative to the proposed ordinance targeting existing businesses which have no identified incidents of students drinking and the amoun= of ~ime and money expended tu addres~ this issue. Me stated he is not in suppo~ of the proposed ordinance. M~. Daniel ~tated ~e recently attended the ~epublican governor rally, indicated this issue was a significan= topic of discussion, and that there was an overwhelming ~espOnse for adoption of one proposed ordinance. He further s~a~ed he feels there are methods available to ensure existing businesses can continue to operate and the proposed ordinance is a step in solving underage drinking. ~e stated he feels the issue o£ l~n~ use needs ~o he addressed ss it relates to future locations of schools and the ordinance ~ay need to be amended. ~e indicated he is in favor of the ordinance and could also support limiting off-site alcohol consumption. e×i~ting hu~ine~es and existing land within ~00 f~t of CheSterfield County ~hools with zoming being transferable if the business i~ s01d and for the ordinance to be rewritten by the County Attorney's Office to reflect these changes. Mr. Warren seconded the motion ~nd clarified the motion is ~or staff to rewrite the ordinance accordingly and to submit the ordinance to the Board for consideration at that time. Mr. Mc~ale clarified ~he motion is to defer the ordinance to allow staff the opportunity to rewrite the ordinance. M~. Colbert indicated he would like the ordinance deferred until the December 15, 1993 meeting. Mr. Mc~ale inquired a~ to wh~ther the ordlnanc~ world need to be remanded to the Planning Commission. Mr. Nicas stated the Board can close the Bublio hearing at thi~ time and defer consideration of adoption of the or~inance to a futura meeting. Mr. Warren ctarlfie~ thc pubtio huarlng has been closed. drip,king and indicated his concern as ts the issue the ~rdinance is attempting t~ address and the measures in place to address this issue. ~a further ~tata~ existin~ buaineeee~ are regulated by the State and the ordinance will not deter underage drinking. Ha expres=ad concern= relative to how ~he 500 feet distance was decided and the intent of t~e identify its purpose and, therefore, he does not support the proposed ordinance. solution in addressing a difficult ~roblem. ~e further stated the input received ~hculd be taken into consideration in reaching a decision and the motion i~ based on a philosophy; that the issue being addressed at the ~lanning commission level was a legitimate subject for the Come, lesion to address; that he feels ~osing is an area that nesds tc be carefully addressed without offending property rights and, at the same tiaa, be balanced with the realities of non- ~Lr. Warren then called for the acta, on the motion made by ~r. Colbert, seconded by him, for the ~oard ts ~efer consideration of adoption of an ordinance to amend the Code of the County of Cheaterfleld, 1978, as amended, by amending and reenacting Division 11.1 and Section 11-67.1 and adding a new Section 21.t-243.2 relating to sale of alcoholic beverages near ~chools to provide County staff an c~port~nity to rewrite t~e ordinance to include grandfathering existing businesses and existing land within 500 feet of Chesterfield County schools with zoning being transferable if the business is sold until December 15, 1999. Ayes: Mr. Warren, Mr. Colbert, and Mr. Daniel. ~avs been presented, ~taff should be instructed to submit to the Board detailed data, by property types throughout the County, in addressing how ~hsse statistics are compiled such as street addresses in identifying properties experiencing 93-773 11/10/93 COUNTY OF OHESTEP~FIELN, 1978, AS i~IBNDED, BY AMENDING ~ND REENACTIN~ SECTIONS 21-8.1. 21-9, 21,1-12.1~ 21.1-16, 21.1-1T, .21.1=1~j ~ 2_1.1-19 RELATING TO OR REQUIREME~T~ ~ CHANGING T~E TITLE T~_~TICLE STANDARDS Mr. ~i~ ~cole, Chle~ of D~velopme~t Revi~, stated this dat~ and time has been scheduled for a ~u~lic hearing to a~ ordinanc~ r~Iatlng to variances and modifications dev~lopm~t standards or re~iraments and changing the title to ~ti~l~ II, Division ~, to add modifications to development standard~ and r~irem~nts. ~. Barber excused himself from the No one oam~ forward to ~pe~ in favor of or against ordinance. On motion of ~, McHale, seconded by ~. colbert, th~ ~oard adopted th~ following ordinance: ~ ORDINatE TO ~ND T~E CODE OF THE tesTY OF CHESTERFI~D~ ~97~ AS ~DED, ~Y ~DING A~D REENACTING S=CTIOW$ 21-8.1, 91-9, ~.1-~.1, 21,1-16~ ~1.I-17~ 21.1-18 ~D 21.1-19 RE~TI~G TO V~I~CES ~D ~ODIFICATIONS ~ DEVELO~ENT THE TITLE TO ~TICLi II, DIVISIOW ~, TO ~D MODIFICATIOWS T0 DEVELOPMENT STUD--S ~D REQUIREMENTS BE IT O~AINED by the Board of Supe~vi~or~ of ~asterrield County: (1} That Sections 21-8.1, 21~9, 21.1-12.1, 21.1-17, 21.1-18 and ~1.1-19 of the Code of the County of r~md as follow=: Z~c. ~-~.{. Planninq Celestion may ~ant modifications to development standards and requirements.. planning co~isslon m~y grant m~iflcmtlon~, with requlrement= =peclfled in %hi= chapter. ~y application for a modification t0 processed in accordanoe wi~ the provisions forth in chapter 21.1, s~otions al.l-16, 21.Z-l~ and 2~.i-19. ~a planning cotillion ~hall fi~ a (60) days. (b) No modification to a development standard or retirement shall be authorized bF the planning co~ission unless it makes =ke following five findings: shallo~em~, slz~ or sha~e of ~e piece of p~operty or by reason of exceptional topographic conditions or other extraordin~y ~ituation or condition of such piece ~ro~erty, the strict application of %he of this chapter would effectively prohibit or unreasonably restrict the use of the property. (2) The granting of such modification will alleviate a clearly demonstrable hardship us distinguished from a special privilege or convenience and such hardship is not shared generally by other properties in the same zoning district and the same vicinity. (3) The modification will not be injurious to the use and enjeynent of adjacent property owners, will not diminish or impair property valuus within the neighborhood, will not change the character of the 4intriot and will not be detrimental to or endanger the public health, is not Qf So general or recurring a nature as to ~ake reasonably practicable the formulation of a general regula=ion to be adopted as an unendment to this chapter. (5) The applicant did not create the condition or situation generating the need for the modification and the applicant hag exhaugt~d all other practicable solutions to the problem in¢lu4ing but not limited to tbs acquisition of additional property, the eli~natlon or develol~ment dennity. In authorising a modification, the planning commission may impose conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary to the public interest, and it may require a guarantee or bond to remain in effect until compliance with such conditions has been met. The plarn~ing comuaission shall not grant more than the mieimum necessary modi£ica~ion to the appropriate development ~tandard or r~quir~ment to re~olve the hardahip. The planning commission shall not grant a permanent modification to a s=andard or rapuirement if a temporary modification will suffice. A temporary modification may be granted i~ the planning co~is~nn determines that permanent compliance will be obtained in a future phase of development. Thc planning commission sh~ll not grant a modifi0ation to any development standard or ~equir~ment if: The granting of the ~cdification will ~on~titute the granting of a variance, special exception, conditional use or a rezonlng. (1) Financial considerations are the principal reason for the requested modification. (S) The modification amends a prop~rty-~pno~fie condition impomed by the board of muper~i~or~ or the board of zoning appeals unlea~ such condition specifically grants such modification authority to the planning commission. 93-775 11/10/93 (f) In the event the applicant disagrees with the £inal decision of the planning commismion, he may Iile a written appeal wit~ the circuit co~t within sixty (~0} days of that decision. In addition, adjacent property owners may appeal the final decision the planning commission h¥ ~iling a written appeal with the circuit Co~t within ~ixty (60) days cf that decision. Adjacent property owners' appeals shall be limited to conditions which directly affect the property owners and inolude aosess, utility locations, buffers, condition~ of zoning, architectural treatment aed land use transitions. The court shall fix a rea$0~able ti~e for hearing of the appeal. DuT~ng thlm period the directsr of planning shall not approve any applicable ~ite plan, building permit or rm~ord plat. ~eo, 21-9. Fees for hearin*s. (c) Modifications to d~velopm~nt standards and ~TICLE II. ~ENDMEKTS ~ C~PT~/DISTRICTS DIVISION 1. REZONING, CONDITIONAL ~ONING, CONDITION~ ~$g, CONDITIONAL USR P~ED D~ELOPMENT ~D MODIFICATIONS ~ DEV~OPMENT ST~D~DS ~D REQUIREMENTS Sec. 21.1-7. Procedure. Sec. 2~.~-8. Conditional zoning. S~. ~1.1-9. conditional Se~. 21.1-10. Conditional use ~lanned Seo. 21,1-11, Te~; Sec. 21,1-12. Existing conditional use or conditional use Dla~ed development. Sec. 21.1-~2.1. Planning co~ission may gran~ modlficatlcn~ to development standards and retirements. to development standards and (a) ~x~ept for tho~a ~v~lopm~nt ~tandard~ or re~ir~ent~ whio~ must be modified by t~e granting of a variance, a conditional u~ or a re~oDing, the planning co~is~ion may grant modifioa~ions~ wi~h or wi~out oondition~, to ~evelopmeDt ~tandardn remitments specified in this chapter. Th~ planning co--lesion shall fix a rea~onabl~ time for %he hearing of an applioa=ion under %~is section ~d decide the s~e within si~y (S0) days. (b) No modification to a development stand~rd or r6quir~ent shall be authorized by the planning co~is~ion unless it makes th~ following fiv~ findings: (1) By ~eason of t~e exceptional piec~ of p~operty or by ~eason of exceptional topographic conditions or other extraordinary of thi~ chapter would effectively prohibit 93-776 11/10/93 unreasonably restrict the use of the The granting of such modification will alleviate a clearly demonstrable hardship as distinguished f~em a special privilege or convenience and such hardship is n0~ shared g~n~rully by other properties in the zoniag district and the same vicinity. (a) The modification will not be injurious to the use and enjoyment of adjacent property owners, will not diminish or impair property valme~ within the neighborhood, will not change the character of the district and will not be detrimental to or endanger the public health, s&fe~y~ or general welfare, (4) T~e condition or situation of the property concerned or the intended use of the prnpsrty is mot of so general or recurring a nature to make reasonably practicable th~ fo:mulatlon of a general regulation to be adopted e~ an amendment to this cha~ter. (5) Th~ appllcunt did not create the cenditi~n cr sit~uti~n generating the need for the modi~ioa~i0n and the applican~ has exhsust~d all other practicable solutions to the problem inoluding but not limited ts the acquisition of additional property, the elimination or redesign of str~nturss, or the reduction of development density. In authorizing a modification, the planning Gommissicn m~y impose conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary to the public interest~ and it may require a guarantee or bond to r~main in effect until compliance with such cundltlons has been met. The planning commission shull no~ grant more than the minimum n~c~ssary modification to the resolve the hardship. The planning commission s~all not grant s permanent mo~i£icution to a standard or requirement if a temporary modification will suffice. A temporary modification may De granted if the planning commls~ion det~rmin~ that permanent compliance will be obtained in a futmre pha~e of development. TH~ planning commission shall not grunt modlfi~ation to any development standard or requirement if: [1) The granting of the modification will const~tute the qrantin~ of a variance, Special exception, conditional use or a rezonlng. (2) Financial considerations are the prlnolpal reason for the requested modification. (3) The modification amends a property-specific csmdltlcn i~posed by th~ hoard of or the board of zoning appeal~ tualem~ ocnditio~ specifically grants such modlf~catlon authority tO th9 planning commission. 93-777 ll/10/93 .. ;, . it i .............. L ....... J L ............ I; In the event the applicant disagrees with the final decision of the planning commission, he may fils a written appeal with the circuit court within sixty (60) days of that decision. In addition, adjacent property owner~ may appeal the final decision of the planning commission by filinq a %rritten appeal with the circuit court within sixty ($0) days of that decision. Adjacent property owners' appeals sAall be limited to conditions which directly utility locations, bu£fers, conditions of zoning, architectural treatment and land use transitions. The court shall fix a reasonable time fQr hearing of the appeal. During this period the director cf planning shall not approve any applicable site plan, building permit or record plat. 21.1-16. A~plications. (a) Any spplication for r~zoning, conditional zoning~ conditional use, oondltlonal use development, mobile home permits, variance, modification to development standards er requirements, special exception, or appeal as defined in section 21.1-14, may be initiated by resolution of the board of supervisors; by ~otion Of =he planning commission; or by petition c~ the property owner, contract purchaser with the written consent, or the owner's agent thereeS, cf the property which is the subject of the amendment. (¢) The applicant or petitioner shall furnish with appl~aat~on or petition a l~t of names and property to include pr0Derty acr0ms any street, raa~, or railroad right-cf-way, body of water, ox political boundary. In the event the property is situated at or within one hundred (t00) feet of the inter~ecti0n of any two (z) er mere ~oads or h[ghway~ or within cnn hundred (100} fa~t of the intersection of the right-of-way of any two (2) railroads, the notice required in section 21.1-18 must al~o be given to the owners of property situated at all corners of any such Such information shall b~ obtained from the application is submitted to the planning department. (dp Any applicant or petitioner other than one seeking to nodify d~velopm~nt standards or requirements, shall furn±~h the follow,ag ~nfo~mat~on: o o o Sec. 21.1-17 Fees fo~ Hearings. <il Mo0ifieations to development standarffs and requirements ............... $260.00 Sec. 21.1-18. Notification and Do~J~of uroDer=~--Hearin~s. o o o (b) The director of planning, o~ his agent, shall, at least twsnty-one (21) days before the date of the first hearing, on uny applicuticn for r~zoning, conditional zoning, conditional use,' conditional use planned development, ~nufactured or mobile hc~e permit, variance, special exception, modification t0 development standards or reguirement~ er appeal of planning decision to the board of zoning appeals, post on the land or building involved in any application or appeal, a notice of the public hearing as follows: Sec. 21.1-I9. A:mliaa~ions within twelve months. (a) An application for a variance, conditional use, conditional use planned development, manufactured or mobile home permit, special exception, conditional zoning or a change in zoning for parcel or lob or part thereof shall not considered by the board of zupervlsers or the board of zoning appeal~ within ~welve (1~) months of denfal of a request which wa~ ~ub~tantially the same as the cna made previously. (b) /%n application for a modification to development This ordinance shall become effective iL~mediately (=) upon adoption. Ayes: Mr, Warren, Mr. Colbert, Mr. Daniel, Absent: Nr. Barber. and Mr. MoHale. aa.E. EXECUTIVE SESSION PU~;~T2 ~0 SECTION CODE OF ?IRGINI~, 29]0, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSE~ RBGABDIN~ PRUDENTIAL HEALTH ~ARE · AqD 8~HOOL BO~RD OF THE ~OUNT¥ O~ ~KBS~ERFIBL~ VIRGINIA On motion o£ Mr. McBale, seconded by ]/r. Colbert, ~he Board went into ~xecutive Session pursuant to Section 2.1- 344(a)(7), Coda uS Virginia, 1950, as amende~, for consultation with legal counsel regarding ~rudential Kealth Care P~an, Inter,ora%ed v. Ceunt¥ of Chss%erfield, Vlr~inla and SchoQk_B~d_o_f__th9 Cc~nt¥..mf. Chez~r_~ie.l~..Virqinia. Vote: Unanimous Reconvening; on motion of Mr. Colbert, seconded by Mr. Barber, the Board adopted tlke following re~olution: W~EREAS, the Board of Supervisors has this day adjourned into Executive Session in accurdance with a ~ormal vote o~ the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEPd~AS, T~e VirgiNia Freedom of Information Act effective Uuly 1, 1989 provides for certification t~at such Executive session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member~ knowledge, i) only public bu~ine~ ~atter~ lawfully exempted from open m~eting requirements under the Freedom of Infe~mation Act were discussed in the Executive session to which this certification applies, and il) only such public business matters as were iden=ified ia the ~0tion by which the ~xec~tive ~e~ion was convened w~re heard, discussed or considered by the Board. No membar di~nt~ from thi~ uerti£icati0n. Nr. McHale : Aye. Mr. Daniel : Aye. ~{r- Colbert: Aye. F~. Barber : Aye. ~r. Warren : Aye. adjourned at 9:50 p.m. until November 23, 1~93 at 3:00 p.m. ~a~e~B. R~ey Arthur S. Warren Chairman 93-780 11/10/93