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01-13-93 MinutesEO~%~D OF SUPERVISORS MINUTE~ Mr. Arthur S. Warre~, Chairman Mr. Edward H. Barber, vice chrm. Mr. Whal~y M. Colbert Mr. Harry 9. Daniel Mr. J. L. BeHalf, III county Administrator Staff in Atten4ance~ Ms. Barbara Bennett, Dir. of£ioe on Youth ~uilding Official Chief Robert L. Eanes, Jr., Fire Department Deputy Co. Admin., Manaqement services Hr. william a. Howell, Mr. Thomas E. Jacobsen, Dir., Planning Ms. Mary Lom Lyle, Dir., Accounting Deputy Co. Admln., Mr. ~acob W. ~ast, Jr. Nursing Home Admin. Mr. R. John ~oCrack~n, Dir., Transportation Mr. Richard ~. ~cElfish, Dir., Env. Engineering Mr, S~ev~n'L. Micas, County Attorney Mrs. Pauline A. Mitchell, Dir., News & P~blic Information Col. J. E. Pittman, Jr., Police Department Clerk to the Hoard Mr. Jamee J. L. St~maler, Dir., Budget & Management Mr. ~. D. stith, Jr., Deputy Co. Admin., community Development Mr. David H. Welchons, Sheriff Clarence Williams, Sheriff's Department Ramsey ~all~d the regularly ~chedul~d meeting to order at 3:Q0 p.m. (EST}. ORGANIZATIONAL HEETIN~ ELECTION OF CHAIRHAN liND VIC~ CERIPJ4AN Ramsay stated the first ~r~er er b~siness would be th~ eleotiun of chairman and Vice chairman. ............ :_-- IIii Jl .............. ILl ........ L .......... L .......... L Mr. Daniel 'nominated Mr. Warren re ~erve as Chairma~ for 1993. On motion Of Mr. Barber, seconded by Mr. McHale, the Board Closed no~in&tionm for the election of Chairman of t~e Board of supervisors. Vote: Unanimous On motlo~ of ~r. Danie%, seconded by Mr. Barbs:, ~hs Board elected /~r. Arthur S. Warren as chai~a~ of the Board of Vote: U~an~mous Mr. Warren wam elected Chalr~aD- Mr. Warren expre~e~ appreciation for the honor bestowed upon him and stated the Board would e~ert every effor~ to provide a government open and accessible to the public. He furthe~ Chairmanship to the best of his a~illties. Nr. McHale nominated Mr. Barber to serve a~ Vic~ Chairman for 1D93- On motion of ~Lr. ~c~ale, ~eeonded by Mr. Daniel~ ~he Board closed nomination~ for the election of vice dhairman of the Bo~rd of Supervisors. Vote: Unanimous On motio~ of Mr. ~oSale, ~e¢onded by Mr. Daniel, ~he Boar~ elected Mr. Edward B. Barber es vice chairmaD of th~ Board of Supervisors for 1D93. Vote: Unanimous Mr. Barber was elected Vioe Chairman. ~r. Barber expressed appreoiatio~ for the honor ~estowed upon him and sta~e~ he looked forward to worEinq with the Beard me~b~r~ on issues facinD th~ County. SUPERVIBOR~ HEETINSS FOR 1993 ~r. Ramsay ~tated ~taff was recommending ~he procedures governing the ~ea~ of supervisors meetings remain the same with the only recommended ohanqe being to move Deferred before cons~deratleh of New Business (Section 5) in ~ha order of business for Board meetinga. After brief discussion, on ~otion of Mr. ~eSale, seconds4 by Mr, Daniel, the ~oard adopted ~etlng procedures governing the Board of Supervisors meet~nqe for 1993. (It is noted a copy of the 1993 ~rocedure~ cf the Board of Supervisors is fii~d with the papers of thi~ Board.) stated the ~¢hed~l~ for regular meeting da=es and times for 93-2 ~993 would ro~ain the same with the only recommended cha~ge being the months in which there ie only one meeting -- july, August and De~emb~ -- to beq~n the ~eetings at 2:00 p.m. iD~tead of 3:00 p.m. He noted the second meeting in November would be held two days b~fmr~ ThaD~sgivlng rather than the eve of Thank~givlng. He then reviewed ~peclal meeting dates (VACo) 1~93 Legislativ~ Day ~houtd be removed from the ~chedule for special meetings es it was an informational and ~o~ a formal meeting. On mo=ion of Mr. Mc~ale, ~econded by Mr. Deni~l, the Beard set their regular meeting dazes and times for 1993 as follows: January 1~, 199~ at ~:00 January 27~ 1993 e~ 3:00 ~ebruary 18, 1993 at 9:09 p.m. February 24, 1993 at 3:0Q Marah 10, 1993 at 3:00 March 24~ 19~3 at ~:00 p.m. April ~8, 1993 a~ 3tO0 p.m. May 1~, 1993 a: 3:00 May 26, 1993 at ~:00 June 9, 1993 ~C 3;00 p.~. June 23, 1993 ~t 3:00 July 28, 199~ at 2:00 p.m. August 95~ 1993 at 2:0~ p.m. September ~, 1993 at 3:00 ~.m. *Due to Thanksgiving holiday~ ~et the following special meeting dates for 1993: Regional Summit (Board Retreat) March 18-20, ~993 - Budget work session at 6:00 p.m. April 7, I993 - Budget work session at - Sudget Public Hearing at 7:00 p.m. Clover Mill District School Beard P~lic ~earing - April ~1, Joint School Board/BO$ Retreat - October 15, 1993 Vote: Unanimous I.D. CONSID~m~IO~ OF COM/iIT~BE APPOINTMENTS Mr. Ramaey reviawed consideration of committee appointments with set t~r~ requiring Board action and committee appointments with nO set term~ r~quiring Board action ir T~ero was brief discussion relative to an appointment of a member to serve on the Capital Area Train~nG Consortitt~; the Consortium's meeting schedule; and appointment of the Chairman to sesve on the Me=ropolitan Richmond Convention and On motion o~ ~r. MeHalo, seconded by Mr~ Daniel, the Board confirmed the appoin~ent of Mr. Arthur $. Warren to serve on the Metropolitan RichmoDd ConventiOn and Vi~tor's Bureau. Vote: Unanimous After Drier discussion, on motion of ~r. ~cHale, seconded by Mr. Daniel, the Board confirmed the appointment of Mr, Edward B. Barber to serve on the capi~al Area Training Consortium. Mr. Ramsey t~em roviowed committee appointments made by the c~airman needing to be reaffirmed or revised by the After brioS discussion, on motion of Mr. MeHalo, ~eoonded by Mr. Daniel, the Board rmaffirmed %he following committee Mr. Barber and Mr. Colbert ~r. Colbert Vote: Unanimous II.B. DECER~EB 10, 1992 On notion of Mr. McHala, seconded by Mr. ~arber, the Board approved the minutes of December 10, 1992, am submitted. Vote: Unanimous Mr. stith introduced Mr. Craig Bryant, Assistant Director of the util~tlee Department, to address the Lead an~ Copper Testing Program recently undertaken by the Department. Mr- Bryant outlined the ~equirements of the Lead and Copper Testing Program and reviewed the testing conducted by the Utilities Department to achieve compliance with the l~/les~ including regulations by th~ ~nvir0nmental Protection Agency (~PA), to reduce the e~posurs of lead and copper in d~i~L~inq water and the dsvalopmen~ of a ~ublic education Drogra~ to inform customers on ho~ to minimize e~osure to lead and copper in drinking wa~er i~ the ~oncent~ation~ exceed SPA llmits~ ~ further stated water ~upDller~ are also re,ired %o d~monstrate that treatmen= for corrosion co~trol ~ave been optlmi=ed and if unachleved, must undertake corrosion control utudies to deta~ine the optim~ treatment. ~e revlewe~ =he te~tin~ results by th~ Utilities Depar~ent and stated the D~partment's lead ~esults were ~e lowest in th~ Stat~, that ~he D~partment had met the EPA limits for lead and had achieved optimum corrouiun CO~t~ol. He noted on a nationwide h~sis, a~Droximataly 25 peMcent of the wa=~r s~ppliers failed to meet the li~it~ and ~ust initiate p~lio education appr~ciatlon to the voluntee~ who participated in the program. Mr. Ramsay ~tatad due ~o the efforts of the Utilities Department, the County would not be =e~ired to implement any public education ~r corrosion pro,rams and noted ~is was a significan~ Gost savings to the County. IV. ~O~RD COM~ITTB~ ~r. Daniel stated he had attended the regional summit meeting and the locali=ies involved were in the process of moving forward and addressing ~eqional to~ios for disomseion. He further s~ated ne felt this meeting was vital'to the region ~nd should go forward as planned. Mr. Warren commended Mr. Daniel on ~ie efforts amd strong leadership in as~istlng is organizing the regional summit and stated he al~o felt the summit would benefit the region. Mr. ~cHale statsd he had attended the Be~ley Civic Azsociation Annual Dinner and meted the Association was supportive of the efforts by the ~lanning Department as it ~elates ts the Jefferson Davis Highway Mr. Barber stated he had attended Vietnam Veterans Post 7S meeting and received a certificate of ~ppreciation for the County displaying the Missing in Action~Prisoners O~ War (~IA/POW) Flag at the Courthouse. He further stated his "First Monday" Constituents meeting would be held in February and ~he topic uf discussion woul~ b~ the L~gi~lative Program. in ~idlothisn Dietrio~ and requested all such asseeia~ions to 93-5 1/13/9~ contact the County's Department Of News and Public Information and r~quest to be plaoed on the County's mailing list. He stated he had also attended the Forest View Volunteer Rescue Squad~ annual banquet. attende~ by the Planning CO~mi~sioner reDresenting Clover Mill District with the topic of discussion being issues ~ocusi~q on the challenges faoing the county an~ ~eeting those challenges and legi$1ativ~ ~=~ues. Me further ~tated and March l, 1993. V. REQUESTS TO POS~ONE ACTION. EMERGENCY ADDITIONS OR ~W~NGE~ IN TH~ ORDER O~ On motion of }tr. MoHale, seconded by ~r. Daniel, the Board move~ Ite~ XIV.A., Regolution R~cognizing Mr. Carson Bosher Upon ~i~ Retir~menS, to i~k~edi~tely follow this item and, adopte~ ~he agenda, a~ amended. Vo~e: Unanlmou= Bosher wac retiring from the Police Department with a~proximstely ~wenty yeur~ of servioe. ~e further sta~e~ in his capacity as Baekgroun~ Inveztigator in the Personnel in shaping the oharacter and image of the ~oliee Department. quality service %o %h~ citizens of Chesterfield Ceunty~ and oapa¢ity of Deputy Sheriff, ~atrol offiner, Training officar~ Armore~ and Investiqator; and thebackground in¥$~tiqation of police and c~vili~n employee %~EREAS, ~r. Bcsh~r has signifkcantly impacted the shape whioh has in~%tred %h~ ~iqhest quality employe~s for the W~A~, ~-r. Bosher has provided the Chemterfi~l~ county Polide Department with many y~ars of loyal and d~dicated WHEREAS, Chesterfield County and the Board uf Bosher and ~xt~ds on b~al~ o~ its m~ber~ mhd the ci%i~en~ of Chesterfleld County ~eir appreciation for ~is se~ice Co 9~-6 1/13/93 the County. ..! A~D, BE IT FURT~E~ R~$0LV~D, that a copy of this resolution be presented to Mr. Besher and that this resolution be permanently re¢ord~ among the paper~ of this Board of ~upervisors of Cheeterfleld County. Vote: U~animeuz Nr. Daniel presented the ezecuted resol~tio~ to Mr. Boeher, thanked him fo~ his dedicated servi~e to the County and wish~ him ~11 in hi~ retirement. There ~e~e no Work Sessions soh~d~ted at this time. nominated ~r, Rickey Parr =o serve on the Youth Servls~s Vote: Unanimous District. Vote: Unanimous On ~Ot~on of Mr. ~cHale, seconded by ~r. DaRiel, ~he Board suspended i%~ r~Ies at this time to allow ~imult~neous nomination/appointment of a representative t~ serve on the Youth Services Citlzan ~uard representing Bermuda District, Vote: Unanimous On motion of Mr- ~cHale, eeson~e~ by Kr. Daniel, ~he ~oar~ simultaneously nominated/appointed Mr. Rick~ Parr to serve on the Youth Services Citizen ~oard, rmpreseatin~ Bermuda Distrist, whose t~rm i= ~ffective immediately and will exloire Jun= 3~, 1994. There was brief discussion relative to the request £sr a specific ~tyle pole and lamp for streetlighte end the cost as~osiated with the On motion of Mr. ~Hale, seconded by ~r. colbert, the ~oard approvmd ~treetlight installation cost a~p~svals for the intersection of Walt_hull Creek Drive and Woo~s ~g$ ~o~d and th~ i~te~ction of Broadwater Court and Bermuda Magisterial Distrist. And, further, the ~card deferred the streetllght installation cost approvals for the 93-7 1/13/93 vicinity of 3518 Lu~kylee Crescent; the vicinity o~ 14100 Howleht Line Drive; and the vicinity between 14D25 and 14519 Fox Knoll DriVe, in Bermuda ~agisterial District, until June 23t 1993. (It is noted there was no cost to install the lighSs for the intersection of Walthall Creek Drive and Woods Edge Road and the inter~ection ~f ~oadwate~ Court an~ Harrewgate Road,) Vote; T~anlmous On ~oticn Of ~r. Colbert, seconded by ~r. Ko.ale, the Board deferred ~treetlight in~tallation cost approvals for %he intersection of Foster Avenue and Gaudy Avenue and the inte~seotio~ of Gaudy Avenue an4 Loyal Avenuu, in ~atsaoa Magisterial District, until August 25, t993. And, further~ th~ Bou~d denied a re~ues~ for the County to aa~ume monthly electrical servic~ charges for seventeen (17) 9arking area light~ in the Pravidsnee Green Townhouses Subdivision, in Clover Hill Magisterial District. Vote: Unanimous VII.c. CON~ENT ITEMB NY ADDING $~TTO~ 9-27.1 RELATIN~ TO TRE LEVY OF Mr. Daniel stated he f~lt thio item should be sonsi~or~d du~in~ the budget process as it related to taxe~. review this request. A~ter brief discussion, on motion of Mr. Daniel, eecon~=~ by a Public Hearing %0 Con~idsr an ordinance to Amend the code of the County of Chesterfield, 1978, a~ Amended, by Amending the Ca~e of the County of Chesterfield by Adding Section 8~ 27,I Relating to the Levy of a Probate Tax, which request vote: Unanimous VIi. C,i, ~DOETION OF R~0LETION RECOGNIZING N R. J~FF D, adopted the ~ollowing resolution: Greater Rickmond w~s established i~ 1906 ~ith the goal of giving ~etailers a un~ffad voice and providing ~ervic~e to and efficiently; and including Rich~oDd'~ leading department stores, major shopping centers, smaller speGialty shops, leading financial inetitution~ and ~ervice-orientad firms; and I I W~ER~AS, the Assooia~ion en¢ourage~, stlmulat~s and promotes the common interests of its members end engaqes in sush services and actigitiee which i~pr0%e th~ .buslne~ conditions of it~ members; and %T6ER~A~, Mr. Jeff D. Smith, J~. has been the President and Chief Executive Officer of the Asseoiation for th~ pa~t twenty-three yea~ and, until it was recently ~o]d, it~ credit repo~ting operation; ~EREAS, under Mr. smith's leadership, the organization grew from a small trade orgmnizatiO~ Of 350 membe~ to a major multi-faceted or~anization of 2500 WHeReAS, Mr. Smith is pa~ chairman of the Board of Associated C~edit Bureaus, Ino, and ~urrently serves as Chairman of it~ Advisory Board; and WHEREAS, ~r. Smith has received many natlonal and state leadership awa~d~ including the Golden Key Awar~ association executive to receive the designation of Certified Association Executlva. ~OW, TH~EFORE BE iT R~SOLVED, that the chesterfield County Board cf Supervisor~ publicly recognizes ~r. Jeff D. Smith, Jr. and ~xt~nd~ ~ir be=t wi=he= to him in hi~ retiremeut. vote: Unanimous On motion of ~r. ~c~ale, seconded by Mr. Colbert, 'the Board adopted the following resolution: W~R~A$~ citizens have ~equested t-he Chesterfield County Board of su~ervi$0rs to restrict through truck traffic on Centralie Road (Route ]45) from Ro~te 10 to Ches=er Road (Route 144); and WHEREAS, Genitalia Road is included in the state's primary ~y=tem ~f ~ighways; and W~RF~, Centralla Road is a winding road with no shoulders Or turn l~nes which travarsa~ a 9rs~ominantly residential area; and WH~/kEAS, serious a~ci~nt~ involving truck~ have occurred on Centralia Road res~lting in loss of life; NOW, T~R~FOR~ BE IT RESOLVED, t~at the Chesterfield County Boar~ o~ supervisors requests virginia ~partment of Transportation Commiusio~e~ ~on~ider th6 imposition of a through t~uok ~raffic restriction os dentralia Road from Route 10 t~ Che~t~ Roud. VO%~: Unanimous VII.O.~- SET DA~E~ FO~ ~U~LIC HB~RIN~B VII.C.3.a. T~ CON~IDER /%N ORDINANCE TO kMEND THE CODE OF THE COUNTY OF ~T~RFIELD, 1~78. ~$AHENDED. BY A~ROFAL On motion of Mr. M~H&le, seconded by Mr. Colbert, ~he ~oard set the date Of February 10, 19~3 a= 7:Q0 p,~. for a public hearin~ to consider an ordinance to amend the Code of the County of Chesterfield, 1978, as amended, by amendiDg Zectiun 21.1-277 relating to site plan approval. Vote: Unanimous VII,C,~-e- TO ~ON~TDER ~N ORDIB/~NGE TO AMEND THE CODE OF ~HB COUNT~ OF C~EST~FIE~D. 1~8, AS ~ME.NDED, BY ~B OF VE~ICLE~ U~ED h~ TAXICABS On motion of Mr. Mc~ale, seconded by Mr. Colbert, the Board ~et the date of F=b~ary 10, 199~ at 7:00 p.~. for a public hearing =o consider an ordinance tu amend =he Code of the County of Che~%erfield, 1978, as amended, by adding a new Section 19.1-3(~) relating to the =ge of vehiole~ used as taxicabs. Vote: Unanimous On ~otion of F~. McEale, seconded by ~r. colbert, the Board a~ended ~he minutes of the December 11, 1~91 Board meetin~ ae ~ROM: "Th~s day the County Environmental Engineer, in accordance with d~rect~onm from thi~ Board, made report in ~riting upon Wiesimger Lone and Wiesinger ~ane in Victoria Commons! ~idlothian District. Upon cen~i~eration whereof, and on motion of Mr. Daniel, seconded b~ Mr. Mayer, it i~ resolved tha~ Victori~ C~ossing Lane, Framer Driwe, wiesinqer Lan~ and victoria Com~nns~ Midlothian District, be end they hereby are establlehed es public And b~ it further resolved, that the Virginia Deear=ment of Tran~portetlon, b~ and i% h~reby i= requested to tare into the Secondary System, Victoria Crossing Lane, beginning at the intersection wi~ Robious Road, Stat~ Route 711~ and going ~outhwesterly 0.09 mile, then t~rnlng an~ going westerly 0.04 ~ile to end in a cul-de-sac; Rra~ar Drive, beginning at e~i~tlng ~ramar Drive, State ~oute 4170, and going w~sterly 0.03 m~le to end in a cul-de-sac; Wie~inger Lane, existing State Route 12~6, located st east end e~ dead end ~treet to the ssuth side of existing right-of-way, additional right-of-way to prOVide for a cul-de-sac; and Wiesinger Lane, axis=lng state Route 1~), located at th~ west end of dead end street to the north side of e~isting right-of-way, additional.right-of-way t~' provide for a This request is in~lumiv~ cf the adjacent slope, sight distance, clear zone and designated Virginia Department Transportation drainage These roads serve ~1 lot~. An~ ~e it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation unrestricted right-of-way of ~0' with necessary =ase~ment~ for cuts, fills and d~aina~e for all of these Victoria Commons is recorded as follows: Pl~t Book 64, P~gus 85 & 86, December 3Q~ 1988. TO: "This day the County Environmental ~Dgin~r, in accordance with directions from %his Board, mad~ report in ~riting upon hi~ examination of Victoria Cros~ing Lane, ~n~ ~ark Wie~inger Lane and Wiesinger Lane in Victoria Commons, ~idlothian District. U~an consideration whereof, and on motion of Mr. Daniel, seconded ~y Mr. Mayas, it i~ resolved that Vi~toria Crossing Lane, P~ns ~ark Lane, Wiesinger Lame and Wiesinger Lane in Victorla Commons, Nidlothian District, be and they ~ereby are established as public read~. And be it further resolved, that the Virginia Department of Transportation, be and it huruby is ~equested to take into ~he Secondary $~s=em~ ¥io~eria C~es~ing Lane, beginning at the interseQtiQs with Robiou~ Road, Stat~ Ro~te 711, and going southwesterly 0.09 nile, then turning and going w~ste~ly 0.04 mile to end in a cul-de-sac; P~nc Bar~ beginning at existing Riss Bark Lane, Sta~e Route 1223~ and going westerly 0.03 miIe to end in a cul-de-sac; Wiesinger Lane, e~ist~ng State Route 1226, located at east end oS dead end s=reet to the ~outh ~ide of existing right-of-way, additional ~ig~t-of-way to provide for a cul-de-sac; and Wfesinger ~ane, existing Stat~ Route 1221, located et the west end of dead end street' to the north s~e of existing right-of-way, additional right-of-way to provide for a e~l- This request is inclusive of the adjacent slope, sigh% distance, clear zone and designated Virginia Department of Transportation drainage And be it further resolved, that the Buu~d of guarantees to the Virginia Departmen= of Transportation an unrestricted right-of-way of 50' with necessuZ~ easements for cuts, fill~ and drainage Xor all o£ these roads, Victoria Come,ns is recorded as fellows: 93-11 Plat ~ook 6~,.~ages 85 & 86, Deoe~ber Vote: VII,~,4-~- ~U~Y,._22. 1992 On motioD cf Mr. MeHale, seconded by Mr. Colbert, the Doard emended the minutes of the ~uly ~, 1392 Board meeting as -This day the County Environmental Engineer, in accordance with directions from this Board, made r~port in writing upon his examination of Roland View Terrace and Rolan~ view Court in Millcreek, Section 4, Matoaca District. Upon consideration whe'reof, and on motion of Mr. McMale, memonded by Mr. colbert, it is resolved that Roland View Terrace and Roland view Court in Millcreek, Section ~, Matoaca District, be and they hereby are e~tablished as public road~- And be it further resolved, that the Virginia Department cf Transportation, ~e and it hereby in r~quested to ta~e into th~ Secondary. System, Roland View Terrace, beginning a= the intersection wi~n Roland View Drive, State Route ~55, and going easterly 0.~7 mile to end in a cul-de-sac; and Roland View Court, beginning at the intersection with Roland view ~rive, State Route 3455, and qoing easterly o.0~ mile to end This reques~ is inclusive of the distance, clear zone and d~slgnated Tr=nupOrtatien drainag~ easements. These roads serve 29 tots. adjacant slope, sight Virginia Department of And be it further resolved~ that =he ~oard of Supervisors guaranteem ~o t~e virginia Department of Transportation a__n u~_restr, lcted riuht-of-wa¥ of 58' with necessary easomentm for OUts, ~ills an~ drainag~ for all of these roa~. T~is section of M~llcreek is recorded a~ follow~: SectiO~ 4. Plat Boo~ 63, Page 52, October 26, 1958. Vote: Unanimous" TO: "T~is ~a¥ the county Environmental ~ngln~er, in accurdaOoe with directions from this Moand# ~ade report in writing upon his examination of Ruland view Terrace and Roland View Court i~ ~illcreek, Section 4~ Matoaca Dimtrict. Upon oonsidsration whereof, and on motiO~ of Mr. ~cHale, seconded by F~. ~olbert, it i~ re~olved ~hat ~oland view Terrace an~ ~olaD~ View Court in Millcreck, Section 4, Matoaea Di~trict~ be and they hereby are e~tabli~hed as public ro~ds, And be it £~rther resolved, that the Virginia Department of Tranmportatlon, be and it hereby i~ requested to take into 93-12 1/13/93 the Secondary System, Roland View Terrace,. beginning at the intersection with Roland View Drive, State Route 3455, and going easterly 8.07 mile to end in a cul-de-sac; and Roland View Court, beginning at the intersection with Roland View Driver State R~ute 3455, and going.easterly 0.08 mile ~e end in a c~l-de-sac. This request is in¢lunive of the adjacent slope, sight distance, clear zone and designated Virginia Department of Transportation drainage easements, Theae reads serve 2~ lets. And be it further resolved, that the Board of Superviserm guaranteem to the Virginia Department of Transportation a__n unrestricted ri~ht-of-wa¥ of 40~ with necessary easements fe~ outs, fills and drainage fo~ all of these roads. This section of Millcreek is recorded aS follows: Sectien 4. D~at Book 63, Page 52, October ~6, 1988.. Vote: Unanimous amended the minutes of the October 28, 199~ Board meeting a~ follows: FRO~; adopted tDe following ordinance: AN 0RDI~ANCE TO A~E~D TH~ COD~ OF THE COUNTY OF CHESTERFIELD, 197~, AS A~ND~D, BY AMENDING Cheu~e~ field County: read as follows: f~ec.. 4-26.1. Definitions. For the purpose uf this article, the following words shall have the following ~eaning~: (b) "Raffle" m~an$ a lottery in which the prize is won by e random drawing of t~e name of prearranged number of one (1) ar mere persons purchasing cbance~. ~owever, nothing in this article shall prohibit an orqanization from using the Sta~e Lottery Department's Pick-$ n~ber a~ the basis for determining the winner of a lottery. For .purposes of this definition, "raSSla" shall includs detraining th~ w~nner of devices made completely of paper or paper products with 93-13 · 1/13/9~ ~J!L Jl! ' L~I ............ L · L ........ player %o deger~ine wins er losses and may include the use of demignated in advance az a prize winner including but not limited to pull-tab devices commonly known as tipbo~rdm or (2) That Section 4-~7 of the Code O~ the CoDntv of O o o Any organization whose gros~ rsceiDts ~rcm all bingo Operations exceeded Or san be e~upected to exceed seven%y-~ive thousand dollars ($75~000.8~) in any c=lendar year shall have been granted %ax exempt s~atus pursuant to section 501C Of the U~ited States Internal Revenue Coda. At the same time tax-exempt status is sought from th~ Internal Revenue Service, the same documentation may be file~ with local governing Dody for an interi~ certification of tax- exe~t statue, If such documentation is filed, the local governing body nay, after reviewing such documentation as it may deem necessary, issue its determination of tax-exe~D~ s~atus within sixty (60) days of receipt o~ ~uch documentation. The local governing body may charge reasonable fee, net =o exceed five hundred dollars This 'interim certification of tax-exempt ~tatus shall be valid ~ntll the Internal Revenue Service issues ~t~ determination of tax~exempt ~tatus, or for ~ighteen (18) months; whichever is earlier. (3) That section 4-2~ of ChesteKf~ield,' 1978, a~ read as follows: ~e~. 4-29. Issuance of permit. the Code of the County of ~ amended and reenacted to (a} Each De~mi~ shall be issued by th~ chairman of the boar~ Of supervisors upon prior approval of th~ ~card. Each pe~it shall be i~usd un a calend~r y~ar basis and shall be vali~ from the first day of j~nuary until ~he thirty-first day of D~O~ of ~ach year. ~ach permit ~hall he nofltraDsferubl~. A~ organization which obtains a permit to conduct a raffle may ~ell raffle ticket~ both within and without the county, except t~at pull-%ab devices as defined in section 4-26.1(b} use~ as part of a raffle may be ~old only upon the premises ownxd or exclusively leased by such organization and at such ~imss am it is not opened to the public, 9Xcept to members and their guests. o o o (~) 'That ~ectlon 4-30 of the code of the County of Chesterfield~ 1978, as amended, is amended and reenacted tO read a~ follows: ~ee. 4-30, Peri, it R~tricticn~= 9~-14 1/13/93 (e) ~cept for persons employed ac clerical by organizations composed of or ~or ~ea~ or Blind persono, enly ~ena fide members cf..any such organization!who have'been members of such organization for at least ninety (90) days prior to such participation shall participate in the ~anagement, operation or conduct of any bingo game or raffle. Except ac provided herein, no p~r~pn ~hall receive any remun~xetion for participating in th~ management~ operation or cenduc~ of any such game or roff~e. Persons employed by organizations eompozed cf or for deaf er blind permcns may receive remuneration not to exceed ~hirty dollars ($30.00) p~r event for providing clerical assistance in the Cendu~t of bin~o games or raffles only for such organizations. Peroono eighteen (18) years of age and under wh~ sell raffle tic,et9 to rai~ funds for youth activities in which they participate may r~ceive nonmonetary incentive awards or prizes from the organization provided that organization io nonprofit. The opouse of any such bona fide m~b~r or a firefighter er ~usoue squad me~ber employed by a political oub~iv£siun with which ~he volunteer firef~ghter or rescue oquad member io associated may participate in t~e o~era~icn and cendust of a ~ingo game or raffle if a b:n& fide member is present. (g) No organization ohall award any bingo prize or any merchendis~ valued in e×ce~ of the fellswln~ amounts: NO bingo door prize ohall exceed tw~nty-f~ve dollaro ($25.00); (2) No regular bingo or special bin~o game shall exceed one hundred dollars ($100.00); and (3) ~o bingo jackpot, of any nature whatsoever, shall exceed one thoussnd dollaro'{$1,00Q.00), nor ~hall the total amount of bingo jackpot prize~ awarded in any one ~1] calendar year exceed ons thousand dollar~ NO organization shall award any raffle prize or prizes ($100,000.00). The one hundred thousand dollar~ ($100,000.00) once ~er calendar year by an organization qualified as a tax- exempt organization pursuant tO ~ectien 501(c) (3) cf the percent of the moneyo received from ouch a raffle, de~ustions for the fai~ market value for the cost of acquisition of the land and material, are donated to lawful religious, charitable, community, or educational organizations specifically chartered or organized under the laws of the commonwealth and qualified eS & section 501(c)(3) tax-exempt organization. The award of any such prize money shall not ~e deemed to be a part of any gaming contrast much gums or raffle, except as provided in ~ub~ect~on (e). o o o (k) Any organization composed of or for deaf or Blind persona that e~ploys a person not ~ member to provide clerical assistance in the conduct of bingo games os ~affles shall have in force fidelity insurance, as defined in 120~ Code of Virginia, 1950, as amended, written by an in~urer licensed to do business in the Commonwealth. (5) That Section 4-91 of the Code of the County cf Sec. 4-31. other (b) No organization shall enter into a contract with or otherwise employ for comp~D~ation any person for the purpose of organising, managing or conducting bingo games or raffles, except as provided in s'ubsection (e) of ~ection 4-30. This shall not prohibit the joint operation of bingo pursuant to =ection 4-30.1. (6) That Section 4-32 of the code of thD County of chesterfield, 1976, us a~e~ded~ is amended an~ reenacted to read as follows: Sac. 4-32. Records disbursements. and (b) Each. financial report sh~ll ba accompanied by a c~rtificate, verified under oa~h, by the ~oard of directors of the organization to which the permit is issued, that the proceeds of all bingo g~m~s and raffles have beep used by ~ose lawful, r~ligious, charitabl~, community or educational or or~anlzad and %h=~ the operation of bingo gam~ or raffte~ has been in accordance with the provimion& of article 1.i of chapter 8 of ~i~l~ 18.2 (1S.~-940.1 ~5 ~q-} of th~ Code of Virginia, 19S0, as am~Hd~d. Additionally~ any organization having a~ual gross receipts f~om bingo gamem or rafftem in excem~ of fiv~ hunted thoumand dollars ($500~000), aS MhQ~ on its annual finunoial report, shall attach to much report an opinion of a licxnsud independent certifie~ public accountant that the ~nnual financial ruport prementm fairly, in all material r~spmctm, beginning cash, r~ceip=m~ o~mrating c0mt~ us~ of p~oceedm, ~nd e~ding cash; that the proceeds of any bingo games or raffles have bean used~ in all ma=ariel or educational purpomes for which the o~ganization ~s specifically chartered O~ organized; and ~hat gross receipts have ~een used, in all material respec%s~ in accordance with the provimions of ~is article. (7) This ordinano~ Shall become e~fsc=ive i~ediately u9un adoption. Vote: Unanimous~ "On motion of ~r. ~al~ ~econded by ~r. B~rber, the Board adopted the following ordinance: AN ORDINANCE TO A~4END THE CODE OF THE COUNTY OE..~ESTZRFIELD, 1975, AS A~ENDED, BY AMt~NDIN~ AND REENACTING SECTIONS 4-26.1~ 4-27, 4-29, 4-30, 4-3I ANQ 4-22 AND BY ADDING SECTiO~ 4-$0(k) RELATING TO BINGO G~ES AND P~AFFLES ~E IT ORDAINED by the Beard of Superviser~ of Che~terfleld (1) That Section 4-26.1 of the code of the county of Chsstsr£isl~, 1978, as amended, is a~ended and reemacted to Sec. 4-2 6.1. Defini=ion~. For the purpose of ~his article, the following words shall have the following meanings: (b) "Raffle" means a lottery in whloh the prize is won by a random drawln~ of the name of prearranged n~b~r of one (!) or mor~ persons pUrChasing chanc~. However~ nothing thiu article shall prohibit an organization ~rum using State Lettery Depart~t'n ~ick-3 n~ber aS the ba~i~ for d~t~rm~ning the winner of ~ lottery. For purposem ~efinition, "raffle" shall include d~te~ining the winner of m lottery by u~e of pre-paeRaqed pull-tab devices which are ~evice~ made completely of p~p~r or paper products with player to dete~in~ wln~ or losmem and may include the use of a ~eal which oon~eal~ a number or s~l ~at has been designated in advance as a prize wi~er including but not limited to pull-tab d~vices o0~only knewn ms tipboards or (2) That Section 4-27 of the Cede of the county of read a~ follows: Sec. 4-27. ~ho may conduct. O O O (g) Any o~ganization who~e gross receipt~ from all binge operations exceeded or can be expected to exceed seventy-flys ~hounand dollar~ ($75,000.00) in any calendar year shall have been granted tax exemp~ section $01C of the United $~tes Internal ReVcn~e Code, At the same time tax-exempt status is scugh~ fr0~ th~ Internal Reve~e service, the sams dacumentation mmy be filed with the local gow~rning body for an interim certification of exempt status. If ~uch documentation is filed, the local goverD~ng body may, afte~ reviewing such may deem necessary, issue its det~iDatien of tax-exempt ~tatus within ~ixty (6Q) day~ of receipt of ~uch documentation. The local geverning body may charge a reasonable fee, not to e×oeed five hundred dollar~ ($500.00). Thi~ interim c~r:ificeticn e~ tax-exempt status shall be valid until the Internal Revenue Service ie~ue~ its 93-17 1/13/93 ........... ~k:!L_.Jl: ~1.i ........................ I ........... determinatlen of tax-exempt status, ur for eighteen Nenths, which~ve~ i~ earlier. (3) That seeti0n 4-29 e£ the C~de of the County Chesterfield, ~978, as amended! is amended an~ r~na~ted (a) Each permit shall be ~ued by the chairman of the valid fram the £1rst day of January until the thir~y-£irst day of December of each year. Each permit ~hall be nentrans~era~le. AD organization which obtains a p~rmit to conduct a raffle ~ay sell ~a~fle tickets hath within and without the ceu~ty~ except that pull-tab d~vice~ ~ defined in section'4-~.l(b) uaed es pa~t of a raffle may be sold on~y ripen the premises own~d or exclusively iea~sd by such public, e~cept to members an~ their guests. (4) That Section 4-30 of the Code of the County of ~ec. 4-30.' Permit Res%fictions. (e) E~oep= for parsons employed a~ clerical a~iutants ~embers of gush organization for at least ninety (~0) days prior to such part~clpation shall participate in the management, operation or condUCt of any bingo game or raffle. remuneration for participating in th~ management, operation receive remuneration not to exceed thirty dollars per event for pr0vid~ng clerical assistance in the condu~t of eighteen (18) yea~s of age and under who sell raffle tickets to raise funds for y~ut~ activities inwhich they par~ioipat~ organization pro~id~d t~at organisation ~s nonprofit. rescue squad member employed by a political =ubdivi=icn with which the volunteer Si~efighter or re.cue squad member is associated may participate in the o~erat~cn and conduct of bingo game or raffle if a bona fide member is present. (g) NO organization ~nall award any bingo pri~e or any (I) ~O bingo door prize mhall exceed twenty-five dollars (2) Nc repular bingo er ~p~cial bingo gam~ shall exceed one hundred dollars ($1~0.00); and {3) KO bingo, jackpot, of any .nature whatsoever, shall..axceed one thousa~d~dOllars nor shall the total a~ouDt of bingo jackpot prizes awarded in any eno (1) calendar exceed one thousand dulla~ ($1,000.00)- Ne organization shall award any raffle priz~ or pri~ ($100,000.00). The one hundred thousand dollars ($100,000.00) limitation shall n~t apply to a raffle conducted no more than once per calendar year by an organization qualified as a tax- exempt organization pursuant to section 501(o)(3) of the Internal Revenue cede for a prize consisting of a 'lot improved by a residential dwelling where on~ hundred pere~nt ef the moneys received from ~uch a raffle, less deductions ~or the fair market value for the. co~t of acquisition of the land and material, are donated to lawful religious, charitable, community, or educational organizations specifically chartered or organized under the la~a or the commonwealth and c/~alifie~ as a section 501(c)(3) tax-exempt organization. The award ef any such prize money shall not be ~eemed to ~ a part of any gaming contract within the purview of section 11-14 of the Code of Virginia, 1950, as amended. (i) NO person shall receive any remuneration for participating in the management, operation or cold,et of any such game O~ ~&ffle, except as provided in ~nbeect~on (e). (k) Any organization composed of or for deaf 'or blind clerical assistance in the conduct of bingo ~ames ur raffles shall have in force fidelity insurance, as derided in 116, Code Of virginia~ 1950~ as ame~ded~ written by an insurer licensed to de business in the Commonwealth. (S) That Section 4-Fl of the Code of the County of read ss follows: Sec. 4-31. O~o~ prohibited practices.. (b) No Organization shall enter into a contract with or otherwise employ for oomp~usat~on any person for the purpose of o~ganizing, managing cT osnduoting bin~o games or raffles, excel% aa prowided in subsection (e) o~ ~ection ~-30. This shall not prohibit the joint Operation of bingo games pursuant ~o section (6) That Section 4-32 of =he ~ode of the County of Chesterfiel4, 1978, as amend=d, is amended and reenacted to read as follows: disbursements, 93-~9 (b) Each financial report ~halI be accompanied by a certificate, verified under oath, by the board of directors of the organization to which the pmrmit i~ ~sued, that the proceeds of all MiDge game~ and raffles have Deem used by these tawful~ religious, charitable, community or educational purposes for which the organization is specifically o~ar~ered or organized and that the operation of bingo games or raffles has been i~ accordance w~th the provisio~ of article 1.1 o~ Virginia, 1~0, as a~en~ed. Additionally, any organization having annual gross race±pbs from Dingo games or ra££1e~ in excess of f~va hmn~red thousaDd dollars ($500,000); as shown on its annual financial report, shall attach to such. report an opinion of a licensed independent c~rtificd public accountant that the annual financial report presents fairly, in ull material respects, beginning ca~h, receipts, operating cost, use of proceeds, and ending dash; that the proceed~ of any bingo games or raffles have been used, in all material respects, for tho~ lawful, religious, charitable, community or educational purposes for which the organization is specifically ehartere~ or organiZed~ and that gross receipts have b~e~ u~d, in all material teepee%s, in accordance with the prnvimians of this ar~i¢l~ e o o (7) Thi~ ordinance sh~ll become effective immediately upo~ adoption. Vote; Unanimous" Vet~: Unanimous VIt. O.5. REFER TO THE PLANNING ¢OF~I~$ION kN ORDINANCE TO ~ND THE CODE OF THE COU~Y 0P 1978~ A~ ~ED, ~Y ~ING A~D RE~TIN~ DE~I~TION OF HOUSEHOLD PET~ After brief discussion, on motion o~ Mr. ~c~ale, seconded by Mr. colbert, the Board r~f~rred to th~ Planning Co~sslon, for their review a~d reco~endation, an ordinance ~ Cod~ o~ the county of Chesterfield, ~97~, ag a~nded, by amGnding and re~aet~nq sactionm to the dsfinition ~f housmhold Vote: Unanimous variance and substantial asourd application~ for American Vote: Unanimous 1/t3/93 VII.C.7. AUTHOR~ZATTON TO ENTER INTO A CO~TP.~CT WIT]{ ~LFRED authorized the County Administrator to enter into an eighteen (15) ~onth contract with Alfred S. Gervin, ~D, FACSr to ~erve as Operational Medical Director of ~argency Medical Services for the ¢cunty'~ Fire Department. (It iz noted the annual faa for thoso services is $54,000 which is funded through the Fire Department's budget.) COUNTY EUPPLEME~AL PLAN.T~ COM~SY WITH INTERNAL R~V~NUE CODE ~ND APPOINTMENT OF DOHINIDN TRUST approved the Final Plan Amendments for the county supplemental Retirement Plan (CCSR~) to comply with the Internal Revonue Cods and appointed Dominion Trust Company there will be no interruption in benefits pa~d to retirees under the Plan and the last benefit payments paid by Great West Insurance Company will be disbursed this ~onth and a cody of the Retirement Plan is filed with th~ pap~r~ cf this Board and a copy of the revised Retirement Plan is filed with the papers of this Baard,) VII.C.9. PROJECT On ~otion of ~L~. M=Hale, seconded by ~. colbert, the ~oar~ upprove~ a change order to J. ~. Martin & Sons Airport ~mprovements Contract, in ~he amount of $56,6Q~, for construction relating to airport construction grant local funds to the Airport Gr~nt Project to cover a 3 cost in excess of ~he original contract. (It is nat~d funds ~or the local match of $~,~00 are available in etheM Airport grant projects a~ costs estimates for these have not been finaliz=~ and any shortfall resulting from thi= reallocation will be addressed w~en the budgots for relevant projso~s are finalized.) Vote: Unanimous FOR TKE c~NTRAL LIBRARY On motion Of Mr. MaHale~ Seconded by Mr. colbert, tbs ~car~ approved a change o~der to Design Collaborative, in the amount of $14~7s0, for dosign costs for Alternate .Nlu~bsr and Al~arnut~ ~umber ~ for the C~ntral Library and authorized th~ County Administrator to transfer funds from other library projects to cover anticipated project shortfall. (It is noted csuitmente for this .project are expected to exceed available funds by approximately $26,000 and surplus funds from the Weet Branch Library and/er.Headowdale Branch Library will be transferred to offset th~ shortfall in the central Library project.) Vote: Unanimous VII.C.11, REOUE~T~ FOR BI~SO~=%~LE PER~ITS On notion of Kr. Mc~ale, ~econded by ~. Colbert, =he Board approved the'following bingo/raffle permits for calendar y~r 1993: O~GA~IZATION TYPE year Poseidon Hwi~ming, In¢. Bingo/Raffle 1993 Central Virginia COUnoil Bingo/Raffle 1993 of the Bilnd (CVCB) Vets: Unanimous V~I.O.~, RT~TE RO~D A~CE~TANCE This day the County En¥i=onmental Engineer~ in with directions from this Board, made rmpor~ i~ writing hi~ examination of Ro~ridg= Road in Hidden Valley Section 2, Be~uda District. Upon consideratio~ whereof, and on motion of Mr. seconded by Mr. Colbert, it i~ resolved that Rockridge Road in Kidde~ Valley Estate~, Section 2, B~rmud~ Qintrlct, be ~nd it hereby i~ established as a public road. ~ b~ it further resolved, that the Virginia Department of Transportation, be a~d it hereby ~ re~sted to take into t~e Seoonda~ System, aockridg~ Road, beginning at the intersection wi~ CresthiI1 Road~ state Rou=a 1596, and going north~t~rly. 0.~3 mile to tie into e~isting Ruc~idqe State Route ~ber to be assigned~ ~idden valley Estates, section 6. This re~t i~ inclusiv~ of the adjacent slope, ~ight di=ta~cu, clear =O~ and designated V~rplnla Departmen~ T~ansportationdrainage easements. And be it further resolwed~ ~h~t t~e Beard of ~ar=ntees to the Virginia Department of Transportation an unrestricted right-of-way of ~o' with ~eoessary gam~m~nt= for outs, fili~ ~ drainage for thi~ road. This s~=tion of ~idden Valley Est=te~ is recorded as foll~ws: Vote: U~a~i~oue This day the County Environmental Engineer, in accordance wi=h ~irectisna fram this Board~ ~de r~port in writing upon his exami~ation of Aldersmead Road in Fo=uno, ~ection Midlo~hlan District. Upon consideration whereof, and on zotisn cf Mr. McHale, seconded by Mr. Colbert, it is resolved that Aldors~ead Road in Perone, section C, Midlcthlan District, ~e and it hereby is established a~ a public road. And be it further resolved, that the Virginia Department of Transportation, be end it hereby is reguested to take into the Secondary System, Alde~s~ead Road, beginning at the intersection with existing Aldersmead Roa~, state Route and Saybrook Drive, State Route 2535, and going southeasterly 0.09 mile to tie into proposed Aldersmead Road, sunri$~ valley, Section B. This request is inclusive .of the adjacent slope, sight distance, c!ea~ zone and designated Uir~inia Department of Transportation drainage easements. T~is road serves 2 lots. And be it further resolved, that the Board of $upervisor~ guarantees to th~ Virginia Department Of Transportation an unrestricted right-of-way of ~0' with necessary easements for cuts, fill~ and drainage for %his road. This ~eetlcn of Docono is recorded as follow~: Vote: Unanimous This day the County ~nv~ronm~ntal Engineer, in accordance ~ith directions from ~his Board, made r~po~5 in writing upon his exuminatien Of Zouthwick Boulevard in Buckingham, Section ~, ~idlothian District. Upon consideration ~h~reof, and on motion cf Mr. ~eoended by Mr. Colbert, it is resolved that Southwick Boulevard in Buckinghum, Section 2, Midlotbian District, be and it hereby is established as a public road. And be it further r~solved, that =he virginia Department of Transportation, b~ and it hereby is ~equested to take into the Second~ry System, $outhwio~ Boulevard, beginning at tb~ int~r~ection with existing Seuthwlck B~uleYard, State Route ~362, and Snaffordshire Street, Sta~ Route 3523, and gding northw~st~r3y 0.03 mile 5o tie into proposed BoUlevard, Buckingham, section This request i~ inclusive Of the a~ja~ent slope, sight dis%arise, clear zone and designated Virginia Department of Tran~portation drainage easements. Thi~ road serves 2 lots. And be it £urth~ r~elved~ that the Board of Supervisors guarantees te the Virginia Department sf Transportmtion Unrestricted right-of-way of 50' with necessary easements for cuts~ fills and drainage for this road. This sac=ion of Buckingham ie recorded as follows: Section 2. Plat Book 38, Pages 77.& 7S, ' May 21, Vote: Unanimou~ 1/13/93 ~YST~R ~D.~E~T HANAGBMEMT p~CTICE ~ACILITiER VII.C.12.a. RIVERS BEND On motion of Mr. McHale, seconded by ~r. Colbert, the ~oar~ authoriz~ the County Administrator to execute an Agreement for Maintenance of a ~tormwater Drainage System and Uest Management practice Facility with Pioneer properties, III, Inc.~ the owner/developer of Rivers Bend, with the County's only involvement being to a~mure the Maintenance Agreement i~ followed by .th~ owne~' as aDprcvcd by the County Attorney. (It is note~ a copy of th~ vicinity sketch is filed with the papers~ of t~i5 Board.) Vote: Unani~o~5 VII.~.l~.b. Re,TM RICHMOND CHURCH 0~ C~0D On motion of Mr. McKele, seconded by ~r. Colbert, the Board authorized the caunty Administrator to execute an Agreemen= for- MaintenanCe of a Stormwater Drainage System an~ Best Management Practice Fa6ility with the owner/developer of the South Riohmond Church of God, with the County's only involvement being ~o assure the Maln~ena~c~ Agreement is followed by the owDer as approved by the Co=nty Atto=ney- (It is noted a copy of the vicinity sketch i~ filed with the ~a~eru of this Board.) Vote: Unanimous' On motion ~f Mr. McHale, seconded by ~ir. Colbert, the Bourd muthorize~ the county Administrator to exeCUte an Agreement for '~aintenance of a stormwat~r Drainag~ Syste~ a~ Best Management ~raetioe Facility with the owner/developer of the ~t6ny Point Reformed PreSbyterian Church, with the Ceunty'~ only involvement ~eing to assur~ the MaintenanCe Agreement i~ fo~lowe~ by the owner a~ approved by the County Attorney. (It is noted a copy o~ the vicinity sketch i~ filed ~ith the paper~ ~f thi~ Board.) Vote= Unanimous in the amount of $1,470,000, for ne%~ construction Of the West Branch Library. (It im no,ed f~nds for this project are vo~e: Unanimous VII.~.14.b. TO RBLIi%BLE ELBCTRZU2%L CO~ST~U~TORS. INC. FOR On ~otie~ of Mr. McHale, seconded by Mr. colbert, th~ Board awarded a eontraut tu Reliable Electriual Constructors, Inc., 93-24 1/13/93 the low bidder, in the amount of $219;200, for construction of the Huguenot Springs Wate~ storage Tank Rashorination Facility. (It is Doted funds for this project are available in the Capital Improvement Budget.) Vote: Unaninoum VII.Cola. AWARD OP OONTRA~T TO T~kN~PER OF F~NDB TO CONSTRUCT UTILITY BUILDING On motion of Mrl MsHale, seconded by Mr. Colbert, the Board awarded a con~ract t~ For~erra Corporation, the second lowest bidder, in the amount of $2~682,000, for construction of the U~illty ~uilding and transferred $900,000 as follcwm: $174,475.26 from Project #aH-895700B, $3~2,108 from Projeut ~aP-898901B, and $423,416.74 from Project ~5P-880132E to complete road drainage, lighting and parkinq 1ct i~provemen=a. Also~ because the construction ~ontract includes parking and roadwork related to the County Complex Master Plan and such work is pa~ially necessary .due to the Salt Annex, $100,000.00 of th~ parking lot and road construction will be ~har~ed to the Jail Annex Projects, Unanimous On motion of Mr. Mc~ale, seconded by ~. Colbert, the.Board approved the ~urcha~a O.4~ acres of land, more or less! adjaaen= =o the chemter Landfill, in the amount of for th~ CheDter Landfill Renovation pro~ect and authorized the County Admlnis~rator ~o'execute the necessary deed. (It ia noted amid funds are available in the project a copy o~ t~e pla~ is filed with the papers of this Board.) Vote: Unanimous FOR A ~ORTION OF A DRIVEWAY On motiO~ of Mr. McHale, s~ocnded by ~r. Colbert, t_he Boar~ approved a request fro~ B~llc~s Corporation of America, Inc. for a portion cf a d~iveway and a portion of a concret~ ~lab encroach within an existing ~6 foot water ~as~ment, ~ubject to the execution cf a license agreement. (It is noted' a cody of the vicinity sketch is filed with the paper~ of thi= Vote: Unanimous VII.U.i~. UONVEYANCE OF A PARCEL OF LAND FROM FIRS~OOLOMI~L FIN~NCI~ OOR~OR~TiON On ~otion of Mr. McHale~ seconded by Mr. Colbert, the Board accepted, on. behalf of the County~ the convuyance of a parcel of land containing 0.~ acre ± from First Colonial Financial CorpOration for Courthouse Road Relocated and authorized th~ County A~ministrator to execute the necessary deed. (It is 93-Z5 1/13/93 noted a copy of the plat ia filed with the papers of this Votn: Unanimous Administarate ts execute an easement with Virginia Electric Elementary School. (It is noted a dopy of the plat i~ filed witA the p~perm of this Board.) Vote: Un~ni~oum FACIlitY FOR ?K~ J~4E8 RIVER TRU~K ~EWER On ~o~ion of Mr. McHale, ~econded by Mr. Celbert~ t~e Beard ~%hori~ed the chairma~ of the Board add the County Administrator to ex,cute an easement with Virginia Elec:rio and ~oWer.~ompany fO~ underground ~rvlce to th~ future James River Kith sc~o01 a~d for the odor control facility for the James River Tr~ Sewer. (It i~ note~ a copy of %he plat is file~ with the paper~ o~ this Board.} VlI.~.~o. ACCEPTANCES OF pARCELS OF LAND VII.~.20.b. A~ONd WOMACK RO~D ~ROM THE TRUSTEES dP ~S~ETS OF LE~ I~VESTMENT OOR~O~TION On motion of ~{r. ~eHale, seconded by Mr. Colbert, the Board accepted, on behalf of th~ County, the conveyance of a variable width parcel of land along Wcmack Road f~on the deed. (It is noted e copy of the ~icinity sketch i~ filed with t~e papera of thi~ Bear~.} looatio~ of the 9roperty to Philip ~orris, Park 500. Mr. ~aniel disclosed, to ~he Board that ho is employed by ~hilip ~orri~, USA, and due tO tho uncertainty o~ the he declared a potential conflict of interest pursuant to the Virginia Comprehe~eive Conflict of Interest Act, an~ excused On motion of F~r. M¢~al~, ~econded by Mr. Colbert, the Board accepted, on behalf of the County, the conveyance of four parcels of land alem~ Allied Road from Mr. Jack T. Sheosmith 1/13/93 and authorized the County Admlnistrat6r :o execute the necessary deed. (Zt ,is~noted a copy of the plat is filed with the paparu of this Board.) Ayes: Mr. Warren, Mr. Barber, M~. Colbert and Mr. MeDals. Absent: Mr. Daniel. Mr. Daniel returned %0 the meeting. Mr. Mssden~stated creation of a disabilities services board had been deferred from the December 9, 1992 Board' meeting. He further stated the disabillties services board would study bhe na~d~ of physical and sensory disabilities and ~eviewed the purpose for creation of such aboard. Discus=ion, comments and questions en~ed r~lativ~ to membership to the disabilities serviee~ board amd the number of momb~rm to ~he board. On ~otion of Mr. ~c~ale, seconded by Mr. Colbert, the ~oar~ e~tabl~zhed the Disabilitiem ~ervi=e~ Board and ~emi~ated the ~ollowing persons to ~srve on the board: Kr. Thomas Bowerton Ms. Barb~ra ~ignut ~s. Roberts A. Perdue Mr. Lee Deal Ms. Robin ~oerber Mr. E. Davis Martin, PH.D. ~s. Darlene Pantaleo Kr. Garnett Server Mr. Jay Lowden Ms. Carolyn caudle Ms. Kimberly ~orton Mr. Alfred Cobbs M~. cindy Jackson Mr. John Coates ~r, Douglas F. Cochr~n ~S. Gayla Wells ~s. Ann Torment Mr. Robert L. Meedsn On motion of M~. Daniel, seconded by ~r. Barber, the Board su~p~d it~ rules at this time to allow simulta~ee~5 Disabilitiefl Zarv~ces Board. Vote: Unanimous on motion of.~r. Cslbor=, seconded by Mr. McHale, the Board ~imultaneously nominated/appointed,the following persons to serve on the Disabilities Services Board with said districts an~ terms as designated: NAKE DTSTRI~? TEP~H Mr. Thomas ~ower~on Bermuda 12-31-9~ ~s. Barbar~ Hignut Bermuda i2-31-94 Ms. Roberts A. Perdue Bermuda 12-31-9~ Mr. Lee Deal Clover ~ill 12-31-9~ ~s. Robin No~r~r Clov~r ~ill 1~-31-93 Mr. E. Davis Martin, PH.D. Clover Hill 1~-3t-94 93-27 1/13/93 MS. Darlene ~antaleo Mr. Jay Lowden Ms. Carolyn Caudle MS. Kimberly ~orton Mr. Alfred Cobbs Me. cindy Jack.on Nr. John Coates Mr. Douglas F. Ccchran Ms. Ann Tannent Hr. Robert L. Masden Dale Dale 12-31-94 Dale 12-31-95 Matoaoa Advisory ~atoace 12-31-93 Matcaca Matoa=a 12-]1-95 Midlothian Advisory ~idlothlan 12-31-93 Midlothian Advisouy ~i~lothlan 12-61-94 Hidlothian 12-31-95 Vote: Unani~0u~ VIII.B,,. STREETLIGH~ INSTALLATION C0~T AgP~kOVAL ~r. Stith ~tated this ite~ wa~ deferred from ~h¢ 1992 Soard meeting and requests a streetli~ht at thc inter~eetion of Ace~n Hill Co~rt and Tall ~iokory noted the req~/es= does ~0t meet th~ ~inimum criteria for vehicle~ p~r day or petition. On motion Of Mr. Warren, seconded by ~r. HarDer, the Board deferred the e=reetligh~ in~tallatlon cost approval for the interseetica of A¢0rn Hill Court and Tall Hickory Drive, in Clever Hill Hagi&terial District, un~il Sun~ 23, 1993. There were no Hearings of C~tizens on Unxch=d~led Matters or Claims schedul=d at th~s time. ~. On motiom of M~- Warren, seconded by ~r. Barber, th~ Board accepted th~ following Administrator. S0~ool Board Agenda. ha~ formally notified the County of the acceptance ef ADDITION~ LE~STH Route 3653 ~(Leisure Terrace) - From 0.03 mile Route 3655 (Leisure Ceurt) - From Route ~6~4 te 0.~0 mile Southwest Route 3654 ~££ective 12-17-92 Route 2611 (~rov~ Rark Court) - From Route 868 to 0.12 mile Northeas~ Rout~ 86s M~ADOW CHASE r._(~ffeetlva 12/15/92~ Route 5009 (N~adow Chase Road) - From Route 4337 0.38 to 0.38 mile North ReuSe 4337 H~n~S REACH - SECTION A - (Effective 12/I9/92) Route 4472 (old C~shlre Lane) - From 0.03 mile 0.06 ~outh Route 4470 to 0.09 mil~ So~th RoHte 4470 Route 4473 (Kinq~ Gate Rea~) - From Route 144 ~o 0.10 mile East Route 144 0.10 Mi Route 4466 (~iehael~ Ridg~ Road) - From Route 0.07 Mi Route 4464 (St. Stephens Way) - From Route 714 0.14 to 0.14 mile southweat Route Route 4465 ($~. ~tephena Pla~e) - From Rout~ 0.09 Mi Acute ~037 (~lm~ley Road) - Prom Route 714 to 0,13 Mi ROUte 3809 iAutemnfield Road) - From Route X037 0.10 Mi to 0.10 mils ~outheast Rout~ 1037 CLIPPER COVE Route 4326 (Clipper Cove Road) - From Route 3~00 0.43 Mi to 0.43 mile North Route 3600 Route 4327 (clipper Cove Court) - From Route 4326 Mr. Barber disalosed his e~ploy~ent as a teaohsr for the portion of the County's b~dget is devoted to eduoation, the Board and woul~ further enhmmce ~ebate on matters affectin~ th~ School System. He further ~tated th~ virqinia Conflict of Interest Act provides that he is legally permitted to participate and vote on issues which school teacher~ and he feels he is able to fairly, objectively and in the public interest on schOOl~ related matters that Will come before the soard an~ that it is his intautiun to continue to do so whil~ a me,her of the Board of Supervisors. He submitted into the record his On motion cf Mr. Daniel, seccn~e~ by F~r. barber, the Board recessed to the Administration Building, RoOm 502? for dinner. Reoonvening: XII. INVOCATION M_r. Warren introduced Reverend Nell Wheeler, Chester Christian Church, who gave the invocation. Pastor of Mr. Warren' presented Mr. Daniel with an inscribed plaqu~ and Supervisors for 199~. He further stated currently President e£ the Virginia A~mociatien of Counties a~ w~ll a~ being actively involved in o~h~r expressed appreciation to Mr. D~niml for his leadership during the pamt year. On motion of the Board? the following remolutlon was adopted; WHEREAS, The ~onor~bl¢ Ha~y G. Daniel, Supervisor of Supervisors in 1992; demonstrated e~emplary leadership, courage and insight in dealing wi~h issues facing the County; WaS responsive to the needs of it~ citizens while maintaining the quality of life at an economically acceptable le~el and dedication of th~ highest caliber to promoting Chesterfield WHEREAS, Mr. Daniel'm dependability, integrity and e~ei~ci~e has been ~ecognized not only by the Board, the Admlmi~%retion and County residents but also State and National officials t~rough his active involv~men~ ~nd co~i%ment to such groups as President of the Virginia A~momiation of Counti~s$ Chairman of the Capital Region Airport Co~mis~ion; member of the Richmond Regiehal Planning Dimtrict Commission; member Of the Richmond Area Metropolitan Transportation Planning Organization; member of the ~onfronted =hallenge~ and demands placed upon ib by maintaining th~ highest municipal ~on~ rating of "Aaa" from Moody's Rating Service; balanced th~' budget during a recession; took advantage of favorable lhterest rates i~ the market through tbs advance refunding Of a total of $59.6 million of outmtanding water and sewer revenue bonds with total present value debt se=vice savings of %9 million; opened the first Juvenile Group Eome and new Kental Health/Mental Retarder{on/Substance Abuse Building; began design work on tho gen=Iey Fire Station and Meadowdale Library; initiated the Central Area Plan for 1993; revised the county's outdoor advertising ordinan=e; adopted the Watershed Quality Goals & Strategies for Falling Cree~, 'swift Creek, and La~e Ckesdin; completed the widening of .Route 10; acquired Castlcwood fo~ historic preservation; ourbside reoyoling drop-off usnters; and completed the Fort Darling Landfill closure ~epaira as well a~ ~any other oapital improvements and t~chnolegldal enhancements. NOW, THEREFOR= ~ IT RESOLVED, that the Chesterfield County Do,rd of Supervisors do=s hereby ~eeognize and applaud the u~tiring efforts and Commitment cf excellence displayed by its 1992 Chairman. AND, BE IT FURTheR R~SOLVED~ ~hat the Board of Supervisors does hs~sby present ~r. Harry G. Daniel with pla~e insuribed as follows: Harry G, Daniel, Chalrman Board of Chesterfiel~ County January. 199l to Deoe~ber~ 1992 Vote: Unami~ous ~r. Warren the~ presented Mr. Daniel with the e~eouted resolution and gift and stated under 1~. Daniel's fiscal management, the County ws~ one of twenty-eight localities who have ~aintainsd the "Aaa" Bund rating. ~ir. Daniel appre¢iotion to his fallow Board me~bers and stated the recognitions outlined had been aooomplished due to a team effort of ~1! tho Do,rd ~e~bers in d~livering excellence in public service. and M~. Louis D. Doorman, Manager of Support Services for the Virginia Department o~ Fir~ Progrmm~, and expressed Board. On motion of the Board, the fnllow~ng resolution was adopted: WI~ER~AS, Nr~. Victoria J. Adams was appointed by the Governor to th= Virgiuia ?ir~ Services Board on September 4, W~EREAS~' Mrs. Adams ha~ been tbs driving force on' the Fire Board to initiate and continue Equal E~ployment Opportunity/Affirmative Action (=S0/~) training fo~ fire affiliation; and WHEREAS, F~rs..AdunS serv~e on the Mhd-Atlantic Fire Co,mission nnd the Department cf Firs Programs EEO/AA Ceuncil; and WHEREA$~ Mrs, Adams ha~ been instrumental in the dsvelopment and implementation of an EEO/AA :raining package tO be taught in conjunction with state certified instructor and officer training programs; and annual EEO/~% Symposium ~eld in 19~ and ha~ b~en the driving ~E~S, oV~r the past five years, these state-wide conferences have reached approxlma~=ly 1200 ~articipants from local and stat~ governments, industry end educational institutions from the State of Virginia, eighteeD other states and Canada; and ~AS, the Fire Programs/Fir~ Ssrvices Board's Annual EEO/~ Award pre~ented to a member of the Virg~nla firs ~ervice co~uni~ who has shown great le~d~rship~ guidance and efforts in a~vancement of EE0/~ principles was named ~he "victoria J. Adam~ Award" in her honor; and ~S, th~ Chesterfield County ~oard of Supervisors wishes to expr~ their appreciation for ~s. i~spiration~ leadership and dedicated s~rvic~ to the Virginia s=~=e fire serv~c~ co--unity. NOW, THE~FOR~ BE IT ~SOLVED, that the Chasterfield County Board of Supervisors publicly recognizes and i=~ ~incmre appreciation ~o Krm. Victoria ~. Adams upu~ successful and productive completion of her te~ on %h~ virginia ~ire Services ~oa~d and her inspiration and initiation an4 su~Dort of the ~0/~ program throughou= the ~tate. ~D, BE IT FURTHER ~SOLVED, that a ~opy of ~his resolution be aDDroDriately preparsd and prasented t0 Mrs. Adams. Vote: accompanied by ~b~r~ of her family, and expressed appreciation ~or her in~plration amd co~itment to the fire and for th~ s~pport received from the Board for madic=l semvioes programs- ~TT~NTN~ I~K OF EA~LE ~COUT It was noted ~r. A~h~y Stephen Wilson waa u~abls 2o bs ~ess~t at this time. ~. ~illiam D. Boyce On February 8, 1910~ and I ; WHEREAS, the Eey Scouts of America was founded to promote citizenship training, personal development and fitness of individual~;'and ~' '' WHEREAS, after earning at least twenty-one merit badges in a wi~a variety of £iel~s, serving in a leadership po~ition in a troop, carrying out a service project beneficial to his community, being active in the troop, d~nom~trating StaRt spirit and living up to the Scout Oath and Law; and WHEREAS,. MS. Ashby Stephen Wilson, III, Brandermill Church, Troop 890, has aucomplished those high standards of commitment and has re&chad the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movsment~ and WHEREAS, growing through his e~pe~ience~ in scouting, learning the lessons of responsible cltlzenshi~ an~ priding himself on the great accomplishments of his CoUnty, AShby is indeed a me~ber of a new generation of prepared young citizens Of ~hom we can all be very proud. HOW, THEREFORE BE IT R~SOLVED, that the Chesterfield congratulations to ~r. Ashby ~tephen Wilson, III and acknowledges the good fortune of the Co. Dry to have such an outstanding young man as one of its citizen=. Vote: Unanimous THEIR OUTSTANDIN~ REPRESENTATION O~ Mr. Stith introduced Mr. Gabs Hicks, coach of the Matoaca High School Warriors football Mr. ColbErt introduced Kr. James Ballard, Principal of Matoaca High school; Ms. Gail Ledb~tter, Assistant Principal of Matoaca ~igh School~ CoaCh Gabs Hicks; Assistant Bill ~uuntjoy, Bob D~nce and ~cott Driskill; and members of ~he Matoaca High $~hool Football team who were present and misted fifteen of the forty ~l~yer~ on the football team carried a 9.~ or better academic grade point average. Coach Hiaks, on behalf of the Matoaea High school administration, faculty ~nd staff, football team and Community, expressed sincere appreciation for the recognition of the team's aohievement~. On motion of the Board, the following ~esolution was adopted; WHEREAS, participation in high school spurts has long been an integral part of ChestErfield County's ed~catiouaI, physical and emotional d~valopment for students; and WHEREAS, the 1992 Matoaca W~rriors finishe~ the regular season with = Z0-0 reoord--the first u~defeated football team in the School's thirty yea~ history to become Southside District Champions; and WHEREAS~ the Katoaca Warriors won the Region champlon~hlp--the first in the School'~ history; and ~4~R~A~, th~ ~atoaca Warriors wo~ th~ State Semi-Final Cha~pionship--also the firm= in the $chool'~ history; and 1/13/93 W]4EREAS, ~he.~a~oaca ~a~iers a~ the Do~ble A~ Divi~io~ 3 Stste Champion Runner-upi and WHEREAS, ~a~oaca High $chool and Ch~sta~field CoRnty had iB~ first Pa ads Ma ~n~ All-~erican ~igh ~chooi football play.r, James Farrier; and ~ER~S, ~e citizens of Chesterfield County ~ontinue ~ mupport our high school football t~ams. ~0W, T~E~FO~ BE IT RESO~V~D, ~a~ ~he chesterfield Co~ty Board of Supervisors ~o~ ~ereby recognize the Matoaca of CSe~terfield County. ~D, BE IT F~T~ER R~OLV~D, that the Board Of Su~=rvisors, on b~alf of the citizen~ of chesturfield cowry, does h~reby co. end th~ Matoaca Warriors for their splendi~ sDort~manship and ha~d work and ~xpress their bu~t wishes for continued success. Vota: UnanimoU~ ~r. Colbert presented the executed resolution to Coach EiQks a~d co.ended th~ team Sot their ~portmman~hip and hard WOrR. Mr. Stith introduced Coach ViC Williams and Cap~ain David On motion Of the Board, the following resolution wan adopted: W~ERKAS, participation in h~gh school sports hag long been an integral part of Chesterfield County's educational, physical and .notional develoDment for =tudmnts; and Tegular season with e 15-% record; and WHEREA$~ ~e Thoma~ Dale Knights won the Central District Championmhip; and WHEREAS, ~he Thomas Dale Knights won the Central Regional Championship in TriDle A, Division 6; Virginia in Triple A, Divi~ien 6~ and W~{~R~J~, the Thomas Dale Knights ranked 21et in USA season in the $~ate of virginia ~igh School Poll in Triple A. S~pport our high ~chool football NOW, THEREFORE B~ IT RESOLVED, that the County Board of Supervisor~ deem heraby recognize ~e Thomas Dale High School Football T~a~ for ils outstanding 93-34 ]/13/93 I i AND, BE ~T FI/RT~R R~SOLVED~' that the Board of Supervise?s, on behalf of the citizens 'of C~esterfield County, does hereby cemm~nd the Thoma~ Dale Knights for their splendid ~portsmanship and hard work and express their best wishen for continued success. vote: unanimoum Mr. McHale presented the executed resolution to Coach Williams and Captain Earle and commended the team for their ~port~man~hip and hard work. Coach williams expressed appreciation for recognition of th~ t~am's achievement~. xiv.~. 1ECO~NIIIN~ COLONIAL PIPELINE COMPAI~Y._EQR THEIR DONATION OF FUNDS TO ~OCKW00D N&T~E ~E~TTER ~r. ~asdon in~reducsd ~r- James Stiles, Chief Operator of Colonial Pipeline Cempany~ and stated Colonial P~pmliae Company hsd donated $4,754 for the conpletlen of the cons%ruction of the Rockwood Nature Center. On motion of the Board, the following re~olution was adopted: envi~onmentai eduoation to it~ clt~zen~; and WHER~S, Rookwood Park i~ th~ f~rs% Dubllc park residents and County sohool cla~e~; and ~EREA9, Rockwood ~atur~ c~nt~ ~s a facility designed provide for the n~a~y understandinq of current say,re,entel issues which will r~sult in ~D appreciation in ~RRZAS, Colonial Pipeline company has r~cognized th~ importance of Ruokwood Nature center as a crucial conduit of environm~Dtal educuti~n opportunities; and ~EREAS, Chesterfield CoUnty welo~mes the llfe for all cltiz~ns; and ~EREAS, Colonial Pipeline Company ha~ donated needed funding for th~ construu~ion of a deck, ramD and to provide for native plantings to allow Rockwood NatUre Center to open to all population. County Board of ~u~ervisors hereby acknowledg~ ~ generous contribution made by Colonial Pipeline company %o Roc~wood appreciation. Vote: Unani~o~ and expressed appreciation for the contribution made by Colonial Pip,line Company to ~he Rockwoo~ Na%~re Center. Stiles expressed appraclatlon for the recognition and stated th~ county and, in particular, to children. 93-~5 1/13/9~ ATT~NTN~ R~NK OF EAGLE SGOUT On motion of the Board, the following ~e~sluti0n was WHEREAS, the BOy ~couts of America wa~ incorporated by Mr. William D. Eoyee on February S, !~10; and W~R~A~, the Boy Scouts of ~srica was founded to promote citizenship training, personal development and fitness of individuals~ and WHEREAS, after earning a~ least twenty-one merit in u wide variety of fields, serving in a leadership position in a troop, carrying out a ~ervlce project beneficial Co his community, being active in the troop, demonstrating Scout sDiri~ and living ~p to the Scout oath a~d Law~ and ~q~R~AB, ~r. Ashby ~tephen Wilson, III~ Brandermill Church, Troop 890, has accomplished those high standards of co~mltment and has r~aGh~d the lenq-sou~bt goal of Eagle Scout which is received by less than two percent of those i~dividmals enteriag the Scouting movement; and W~ERKAS, growing through his experiences in Scouting, learning the lessons of responsible citlzsnship and priding himself on tho great acoomplishmsnts of his County, Ashby is indeed a ~e~mb~r of s ~ew generation of ~repared young citizens of whom we can all be v~ry proud. NOW, THEP~FORE ~E IT RESOLVED, that the Chesterfield county Board of Supervise~a hereby extsn~s its oo~gratulations to Mr. Ashby Steph~ Wilson, ITI and acknowledges the good fortune of the County to have such outstanding young man ae one of its citizen~. Vote: Unanimous Mr. Warren presented the executed resolution to Mr. Wii~QD, accompanied by me~bers of his family, and congratulated him on his outstahding achievement. EV.A, TO CONSIDER AMENDIN~ ARTICLE X, T~X ON TELEP~ON~ BERVICE FOR E~i~ SY~TFAH AND ANTICLE XII, CONSUMER ~97~. ~S aMeNDED, TO EEEHPT GOUNTY VOL~I~TEER Chief manes stated ~iS date and ti~ has b~n advertised for ~ public he.ring to consider an ordinance relatiBg to tax on telephone sarvic~ for =-911 sys:~ and concumer utilities taxe~ to exempt County volunteer ~escue ~quadE from ~uch ~. George Beadles ~tate~ he wa~ opposed tu the ex~mptlon of taxes in general and, therefore, did not support the proposed Chief manes introduoed Captain Linwood ~atthews, ~resld~nt of the Forest View Volunte~ Rescus Squad. cap, aim Matthews stated the Re.cue Squad supported ~e ~ropo~ or~inance~ to exempt County volunteer re~cu~ s~ads f~om teleph0~e and ~on~umer utilities taxes. He e~ressed appreciation to the Board for past support of the re.cue ~quads ~n~ .~tat~d such 1/13/93 support enables the squade tn purchase ,needed equipment and maintain operations in serving the co,unity. chief ~an~s then introduced Ns. Kathy Eubank, President of the Manchester Volunteer Re~cua squad; Mr. Jesse Croom, Jr., P~e~ident cf the Ettriok-~atoaoa Volunteer Rescue Sqnads; and ~Lro Richard ~arri~on, President of the Bensley Volunteer There being no one ~ls~ to add~ess these ordinances, the ~ublio hearing was closed. Board to adopt o~dinences to emend th~ Cede of the County of chesterfield, 197~, as amended, by amending and reenacting system and Article XII, relating to consumer utilitie~ taxes. ~r. Barber stated exemption of the County volunteer rescue squad~ woUl~ be approximately $s85 in utility taxes and ho support~dadoption of th~ ordinances. following ordlnanee: AN ORDINANC~ TD A~ND TEE COD~ OF THE COUI~T¥ OF ~E IT ORDAINED by the Board of Supe~vieor~ of (I) That Article X of the Code of the County of chest=r£ield, 1975, aa ~mended, i~ amended und reenacted by The following pers0nm shall be exempt from the pnyraent (a) The Un,ted Stat~s el America, the commonwealth of agencies, ocmmieeiens an~ auV~orities of the state. (b) Purohaeers ar lessees o~ local exohanqe telephone (=) Volunteer r~cue squads. (2) That this ordlnanoe shall become effective immediately upon adoption. And, furtheP, the Board adopted the ~ellowing the ordinance: BE IT ORDAINED by the Board of Supervisors of Cho~tarfi~ld County: (1) Tha~' Articls XII of the cod~ of the County of chesterfield, 1978, as amended, is amended and reenacted to read as follows: 93-~7 1/13/93 The~ United States of America, the Com~ODwealth of Virginia, and the political subdivisions, boards, exempted from payment of =axes imposed and levied by this article with respect to the purchase of utility services used by such governmental entities. (b) The tax hereby imposed and levied on sonsu~sr~ with not apply to services which are psid for by (¢) Volunteer rescue squads. (5) That this ordinance shall become effective immediately ~Den adoption. T~E ~NERAL ~SREMBLY T~AT CHEZTERFiELD ~LTERNATIVE pR0~RTIBS. INC. BE ~Y~TE~ FRO~ R~L ESTATE AND P~SON~ ~Op~RTY TAXATI~ ~. Micas ~tate~ this da~e ~Dd time has be~n advertised for a p~b]ic hea~i~g ~o con~jder adoption o~ a resolution Alternative Prope~i~, Inc. b~ exempts0 from r~al es%at~ ~md pe~onal proper=y taxation. ~e further stated Chesterfield Alternative Prop=rtie~ Inc. is a non-profit corporation located within the County and is planning tc b~il~ two home~ to provide housing and services =o m~tally handicapped oitiz~n= of the County. He ~oted the homes would be servi=~d and ~taffed by the County'~ ~ental Health/Men, al Retardation stated the resolution would be forwarded to =he ~e~eral Assembly if the Board r~co~en~s the tax ~xemption. S~rvio~s Board representing Be~uda District, ~tatad she supported the request by Ches=erfluld Alternative, Properties, Inc.; that Construction uf the two homes 9ould provide housing and servlc~s to ~entally han~i=apped per~ons; that the homes would reduce the waiting li~t for these ~er~ic~s and would be handicapped accessible to serve indivi~ual~ with physical limitations; that the home~ would enhance residential options within the County; and r~quested ~. George ~eadl~s stated he w~s opposed to r=q~e~t~ for tsx address o=her o9~ions regar~le~ of the reason th~ tax- There being no one el~e tc address ~is resolution, the publi= hearing was ulo~ed. Di~c~ion, co~ents and ~uestionu ~n~ed relative to the location of ~e two lot~ own~d by Chesterfield Al=~rna~iv~ ProDertie=, inc. in which the propo~e~ group home would b~ built; the pu~ose of the ta~ e~ptlon re,es= ~elng to oo~s%ruot bo~ hom~; and whe~r ~ proposed group ~ome~ differed from o~er group homes owned and operated within ~he County. On motion of Mr. Mc~ale, seconde~ by Mr. Colbert, the Board adopted th~ following resolution: 1/15/93 RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF CKESTERPIELD ALT~/qATIVES, INC. AS .EXEMPT PROM TAXATION BY THE G~N~RAL ASSEMBL¥OF VIRGINIA W~EREAS, Chester£1el~ Alternative PrOperties, Ine. is non-stock, non-profit corporation which provides housing and services to the ~entally handloapped citizens cf Chesterfield County; and ~r~EREAS, Chesterfield Alternative Prop~ti~, Inc. owns r~al property located in the Matoaoa District of chesterfield County; and W~E~AS, ~ha rea~ property u~d exclusively for organize%ion shall be exem9~ from taxation as au~orized by Article ~, Section 6(a) (6) of the constitution of upon action by the General As~e~ly of Virginia and so long which the organization i~ classified; and ~R~, ~he Board of ~up~rvisors of Chesterfield County~ Virqinia ha~ aonsideTe~ the following ~actors before status of Chesterfield Alternative Properties, Inc. 1. Chesterfield Alturnative'Properties, InC. i~ ~x~mpt from federal income taxation pursuant to S~tion 501(~) of the In~rnal ievenue Code of 19S6. (BIN 2. No current annual alcoholic beverage license for serving alcoholic beveragem ha~ been issued by the Virginia Alcohotio Beverage Control Bosrd ~o ~esterfield Alternatlv~ Properties, Inc. fo~ us~ on ~h~ organization's Inc. is pai~ any compensation ~or service in such with the corporation. 4. No part of the nmt ~arnings Of ~e~te~field Alternative PropeTtles, In=. inures ~o the benefit of any individual. 5. C~esterfiel~ Al%~rn~tiv~ Properties, Inc. provides 6. No part Of the activities Of Alternative Properties, Ina. involv~ carrying on propaganda or otherwise attemptin~ to influence legislation. The corporation dues not participate in, or intervene in, any political campaign on behalf of any candidate for office. 7. Chesterfield Alternative Propertie~, In¢. has no rule, r~ation, policy or p~actice which discriminates ~e basi~ of religious oonvio=ion, race, color, ~ex or national origin. TH~R~0RE, be it resolve~ by the Board of supervisors of Chesterfield County as 1. That this Board supports t~e request Chesterfield Al~ernativ~ Properties, Inc. for exemption' taxation of it~ real an~ personal ~roperty pursuant to Ar=icle X, Seotlon 6(a)(6) of the Constitution of Virginia ~nd the provisions of C~apter 36 of Title 58.1 of ~he Code cat~gorlzad a~ charitable and benevolent. 2. That th~ County Administrator is directed to 93-29 ~/13/93 forward a certified ~py.of this re~oluti0n to the members of thm General A~embly repreeen~ing the county sf Chester£ield with the request that the proper legislation be intToduced in the General Assembly %e achieve the purposes sf ~hie resolutxon. ~. The effective date Of this resolution shall be January 13, X993. Vote: I~Ranlmeus ~O CONSIDE~ THE EST~BLIBHMBNT OF THE CHESTERFIELD ~OUNTY HEALTH CENTER Mr. ~sden ~tated ~his date and time has bsen advertieed for a publlo ~earing to consider the =stabtiehment ef the Chesterfield County Health cen~er ~o~unisslon. Ee further stated 9.he ~oard previously established the Nursing Transition Committee to study and r~port on matters to the eetablis~ent Of a health center cotillion t~ the LuCy Corr Nursing Hom~ and after careful study, the a co~ission. He recognized Mr. Tom callahan, Chairman of the LoGy Corr ~ursing Eom~ Advimory Board; Mr. Tom Hen$~aw, Chairman of the L~y corr Nurzlng Home Family Council; Bill Green~ Cha~an of thm Lucy Corr Nursing Home Council; ~nd ~. Bob Kaplan~ chairman cf the Nursing Home ~ansition co~itt~e. ~e noted Mr. Jacob Mast, Director ~e ~ur~ing ~o~, ~d vu~iou~ employ6e~ w~re also pr~Dt at '~e meeting. Corr Nursing Home who wer~ present. ~. To~y ~enshaw, Chairman of the Luoy Corr Nursing Famil~ Co~noil~. stated h~s wife has been a r~ident of Nursing Home ~or approximately five y=ar~ and concern r~latiVa to the Nursing Home continuing to r~ceive its current quality service~ and ~uppli~ and also expressed concern regarding the benefi=s the ~r~e~ currently and, specifically, th~ County's retirement program. good Job in providing quality service~ and e~ressed relative to th~ nu~er of issums decided by the Board and hearing wa~ =losed. ~ployees at ~e Nursing Home con=inuing to receive the same b~n~fit~ and, specifically, the ~eti~ement program; services continuing ~o b~ ~ance~ a= the Nursing Kom~; membership to ~e health center co~ission cunslsting of five to seven mu~e~s; whe~er a ~e~er of the Beard coul~ ~erve on th~ co~is~ion; whether the five members should be designated die.lots; and whether %~r~ woul~ be any adverse impact on %he ~ality of car~ r~c~ived at the Nursing Home- Mr. McHule ~de a motion, Seconded by Mr. Colbert, for the Mr. Barber mtated he felt the membership of the Health cotillion ~hould ~ons~st of r~presen=ative~ from each dlm~ict and two members =t-l~zge. ~. MoHale stated h~ wa~ ~n a~eement with member~ of the 93-40 1/i3/95 hut, in particular, he felt members to ~he commission should display certain disciplines such a~ expertise in the health care industry and financial managemen~.2 Mr. Warren stated if establishment of' the Health Center Commission was approved by the General Am~e~ly~ the same process should be followed iN implementing thi~ Ccmmieslon as was done in establishing ~he Disabiliti-m Services Boa~d and, in particular, including the tyI~e~ of disciplines outlined. Discussion, comments and questions ensued relative to the reqUeSt submitted by th~ Csunty .to the General Assembly regarding the Health Center c~mmission and, ~pecificelly, as it related to membership; whether the commission could be established under the guidaline~ of the County C~arter; end action needed by the Board a5 this time. Mr. Warren called for %he vote on the motion ma~e by Mc~ale, seconded by ~. Colbert, ~or the Board to establish the Health Center Co~immion t~ govern t~e operation of Vot~: Unanimous anticipated to be considered at the regularly scheduled Board meatinq on February 10, ~O COMSIDBR AN,,ORDTN~d~CE TO A/~ THB OODH OF THE COUNTY OF CHESTERFIELD, lg78, ~ ~E~ED. B~ ~T~ R~TIN~ TO ~ILIN~. PR~E~tNG ~ n~ROV~L OP SITE pLUS ~r. Jacobsen stated this date ~nd ti~ ha~ been adverti~ed for a public ~earing to consider an or~nance relating to filing, ~rooessing and approval of site planS. ~e further stated the site plan prooes~ i~ th~ ~roGess in which =he County enfor=~s and interDre%~ th~ $0ning conditions applied on specific p~eces of property and revi~w=d ~ Current process. He stat=~ th~ planning Co~ission reviewed s~veral amendments in an effort to ~ncrea~e public participation in the ~i=~ plan process an~ review~ th~ an~n~ent~. ~e stated the Planning co--lesion was reco~nding denial of ~en~ent I which wout~ require all si~e plans to b~ approvud' by.the ~lannlng Co--lesion and udoptio~ of ~endments II a~d III which ~ould re~ir~ written notification of adjacent property Owner~ of site p~an submittals and ps,ting of signs on all property whats mi~e ~lan approvals was pending. He norad if Amendment TI was adopted by the Board, thc effective date would be July, 1993 in order to allow staff to ad~e~$ %he n~cessary co~put~r ~y~ten changes and r~viewmd the associated Mr. George B~adl~s stated h~ felt ~e filing of administrative site plans should b~ advertim~d in the newspaper am migns locsted on the property weru dlffio~lt =o find. Me further state~ he felt thi~ type of procmsm would keep concerned citizens abreast of t~ese types of is~ue~ and indicated public h~arings for site plans should be hmtd ut 7:00 p.m. instead of ~:~0 p.m. in ordmr ~o allow citimens an Mr. Brian Murphy statmd h~ is a resident of th~ County and infringing on property owner~' rights and how thlm t~e of process wool4 impact th~ building industry. M~. Carolyn Powers, Pr~sldsnt of the Chesterfield Regional ~nvironmental League, stated they felt this process is interpretive and input provided ~y citizens would be 93-4t 1/13/93 invaluable an~ enhance the ~ite, plan approval There being no o~ else to address these amendments, the public hearing was closed. Mr. Daniel stated he felt adjacent property owners should be aware of development in their neighborhoods and th~ County has the responsibility of informing citizens of the proposed develop~ent and should make such information accessible to citizens. Mr, Daniel then made a motion, seconded by ~Lr. Barber, for the Board to authorize a permanent Sull-=ime receptionist position in the Planning Department to bc filled no earlier than May 1, 1993; to deny Amendment I to require Planning Commission rsvlew and approval of all ~ite plans; and to notification on properties included in site plan submittals and Iaailing of Dotification to ~djacent property There was brief discussion r~lative to the various review processes including site plan and administrative being used during the zoning process. M~. Barber stated the ~lanning Co--lesion meetings are ~eing televised in an effort t~ make the p~bllc more aware of development issues facing the County. He further ~a~ed felt in o~de~ to ensur6 probl~s arm no~ ~nCO~tered during ~a site plan review process, the effort ~hould take Mr, Warren stated he f~lt adoption of thews ~en~ents wo~ld m~e ~e process easier eno nak~ information mor~ accessible enabling public participation. H= further stated he felt consideration ~hould be given to th= Planning co~ission m~t~m~s being held at 7~00 p.m. instead of 3:00 Mr. Warren thud called fo~ th~ vote on the mot~on made by Mr. Dmniel, seconded by ~. Barber, for the Board to authorize permanent full-tim~ receptionist po~ition in the Plannln~ Department to be filled no earlier than ~ay 1, 1993~ to deny Amen~nt I to req~ir~ Planning Co~i~sion review and approval of all mite plan~; and to adopt Amen~en~s II and III to require ~osting of notification on properties included in mite plan submittal~ and mailing of notlficat~on to adjaoent property owner~: ~ ORDINANCE TO ~D T~E COD~ OF THE COUNTY OF CHEST~FIELD~ 1978~ AS ~ENDED ~Y ~E~DI~G ~D SECTIONS ]1.1-~72 T~OUG~ ~1.1-280, R~TING TO FILIN~, ~ROCESSING ~D APPROV~ OF SIT~ $~c. 2R.l-~?~. Use%_R~irlnc Site Plan ADDrOV~i, The following umem re.ire a site plan when ~hey require a building permit or involve a l~nd area greater than 4,000 (a) Nonconfidential uses to includer but not limited institutional buildings, p~bl~c buildings, parks and pluy~rounds. (b) ~y land use or ~v~lopm~nt in multi-family industrial districts. (o) A~y non-re$id~ntla! land use permitted by right in (d) Any land uss or development for which a conditional Section 21 1-273 ._Prenaration and ~ub~i~ion of Site Pla~... (a) Site plans, or any portion thereo£, involving engineering, landscape architecture, architecture or land surveying, shall be prepared er c~rtifisd respectively by an engineer, landscap~ architect,'a~chitect or land surveyor duly ~sg.isterad by the State to practice as such. (b) Requests for ~ite plan review and approval shall be accompanied Dy the following: (1} A completed application form. copies as required by the Director of Planning. ($} Selection by the applicant cf the Administrative or Planning Cor~mission ei~ plan review and (4) Fees a~ required by Beetles 21.1-280. (5} Copies, the n~mbe~ of which shall be determined by t~e Director of Planning, of all commission's and ~oards' minutes relating to zoning and development of the p~eperty. (c) Every site plan s~all be prepared in the following masne~ an~ zhow the following information and lgcatlon of land use~ w~ere necessary and applicable: (1) A site plan may be prepared in one or more sheets ~o show clearly the infoz-mat±on required by this Article to facilitate review and approval of the plan. If prepared in more ~han one sheet, match lines shall clearly indicate where the sheetm join and each sheet shall contain an overall sket=h plan showing the relationship of (~) A master site plan may be submitted for-la~qe a~eas to be developed in phases. Further changes, or deletions may be submitted aS mite plans wherein only that portion of the land or bu~ding affected need be shown. (3) Clearly legible blue or black line eoples of alta plan prepared in a~cordance with t~e requirements of this Article are ~eq~ired to he s~b~it%ed for approval as provlde~ in this Article. (4) Land use. (5) Parkin~ areas and driveways. Recreation or open spaces. (7) Name and location of developmsnt. (8) Boundary er the entire tract by eeur~ and distances, including two points connected to 'the virginia Coordinate System of 1983 (NAD 83). (Amended 12-11-91) (9] Area.and present zoning of tract. Ilo) Names and addresSeS of the owner or owners of record of the tract and the applicant. 93-43 1113193 ........ ]J;!i il! ....... I ..... I ......... I . (11) .~Owner, zoning, and pre~ent use e~ all contiguous or abutting prepertyl (12) Date, scale, north point, and nuttier of sheets. Scal~ shall be one (1) inch sguale ~00 feet or larger, for all plan sheets showing buildings or building lots, a~d at least one (1) inch equals 600 feet on plan sh¢ot~ shewing no buildings or buildlng lots. sheet size shall not emceed twenty-four (24) by thirty-six (36) inckee. (15) Vicinity sketch. [14) Ail building restriction lines, highway setback lin=S, utility oa~ementa, oovenant~, r~ervations and e~!s%ing, as well as ultimate, rights of way, ~s shown on the General Plum. (15) E~isting and finished topography with a maximum ef one (1} foot contour intervals. Planm depicting any off-site drainage areas shall show off-site topography with a maximum ef five (5) foot contour intervals. (16) Name, address and t~lephone number of the person preparing the plan. (17) Storm d~ainage systeme amd natural and artifi0ial watercourses. (18) All existing improv~ments excluding privately owned underground utiliticu and the like. Limits of any .establishe~ lQ0 year (19) floodplains. (20) (2~) architectural Sidewalks, streets, alleys and easements. Buildingm and structures tc include elevations/randerings; dimtancee between buildings; number of stories~ area in ~ress square feet of each floor; number of dwelling units or guest ~ooms; building height; and location and size of required ~treet address s~gn. (22) D~iVeWnys, entrances, exits, parking areas and leading ~paces to include number of parking ~aces; number cf handicapped parking spaces; and number of le~ding ~paces. (23) Public sanitary waste water systems. (24) Public wa~=r mains and fire hydrants. (25) Gas, ~owcr and telephone lin~s, utility $1ope~, terraces, retaining w~lls~ fencing and sore=ming within ~he required yards. (27) Plans for collecting and depositing ~torm wa~e: in accordance with the requirements of the ~nvironment=l Engineering Department amd method of treatment of natural and artifioial watercourses, including a delineation of proposed limits of floodplains, if any, ae crested er e~larged by the proposed development. (I~) Conceptual outdoor lighting, provided detailed plans are et%b~itted prior ts instellation. (29) Conceptual landscaping, provided detailed plans are submitted Drlor to installation. (~O) Qravee, objects Or ~tructures marking of b~rial. (Amended (31) Chesapeake Bay Preservation Areas. (Mended 10-10-~0) (~2) Any other feature of t/us development which required by this Chapter to be ~hswn on a site (~mended 1-24-90) (Amended 10-10-90) (4) The Director of Planning or hie agent shall ba responsible for reviewing the site plane for general completeness and compliance with adopted plan~ or such ackministrative requirements as ~ay be established prior to forwarding copies thereof to other reviewing agencies or Section ~I.1-274. Sit$..~3an Proce~in~. (a) At the time a ~ite plum is Bubmitted, the applicant shall elect whether to seek approval under the adelnistratlve review and approval process set forth in S=ction 21.1-275 or forth in SeotloD 21.1-~7~. If the applicant fails to make such a selection his application will be procpseed un,er aclminiztrative review and approval procedure. (b) The Director of Planning or his agent shall written notice of site plan submission to adjacent property owners by registered, oar:iliad or first cla~s nell as soon .after site plan. submission aS ~racticable, but in no event lass than twenty-sss (~) days prior to approval or Oi~approval of the site plan. If such%r titian notice is sent by first clas~ mail, th= Director of Planning or hie agent shall make affidavit that such not,ce has been sent and shall file the affidavit with the application far approval. (This A~endmant ~hall become effective on July 1, 1993). Section ~1.1-~7~. Administrative Review.-. (a) All site plans which are properly submitted provided in this Article for administrative review and approval shall be reviewed and reCOmmended for approval denial by: (1} The Director of Planning ur hie agents, relative to: a. compliance with th~ r~quiremente of this Chapter, including, but nut limited to, setbacks~ Side yards and rear yards, heig~% of building, lot area end lot COverage, fencing, screening, la~d~caping~ lighting, a~chltectural design; an~ pedestrian access. b. Location, desi~]l and adec/uaey of automobile parking a~ to number of ~paces, square footage per ~pace including movement lanes sn~ ~otal (2) The Director of Transportation or hi~ agents, relative to: a. Location and d~ign of ve~ioular entrances and exits in relation to streets giving access to the site. Adequate provision for ~nternel and external traffic circulation including, but not limited to access to adjoining prsper~y; traffic control devlce~, and (~) Virginia Departmpnt of Transportation E~gi~eer relative to highway (4) The Director of Environmental Engineering er ~i$ agents~ relative to: . Adequacy cf drainage and erosion control Flood protection. Compliance with applicable established design eriterie~ construction standards and specifications d. Compllanc~ with the regulations and (A~ended 10-10-90} (5) The Director of Utilities or his agents, a. Adequacy of water supply an~ sanitary b. Compliance with applicable e~tablished design sriteria, Oon~truCti0n gtandard~ end specifications for all required public Water and wastewater !mprovement~. (6) Building official or hiu agents, r$1ativ= to fire protection and compliance with the prcvision~ o~ County...~i~e Prevention Co~e and the ~ star,wide (7) Director of ~ealth or his agents relative to private wastewate~ and water ~y~tems. (s) chief of Police or hie age'ts relativ~ to police prctectioa and County ~a£~ty codes. (b} The Director of Planning, or his agent shall be responsible for posting a si~n notify~nq the public of site plan submission ~r administrative review as soon as practicable, but in no event less than ~wenty-one (21) days prior to approval or d~a~rova~ of the site plan. Such posting shall bo performed in th% ~ame manner required for public hearing~ described in section 21.I-1~ (c) The Director of Planning shall approve or disapprove site plane in accordance with the reviewing authoritieS' r~ca~u~endatienE. Me shall notify thm applicant of his dec,sloe ~o approve or ~isapprove the site plan within thirty (30) Oays of the date of submission of the plan, if practicable. (d) In t~e event the applican: disagrees with th~ final decision 0£ t~e Director Of ~]annlng, he may file a written appeal with the Planning commission within ~i~tean (1~) days of that decision. In addition, adjacent property owners, and ether aggrieved persons who desire to appeal i~ues pursuan~ to Division 5 of Article 4, Article 7 or Seotlon (b} cf this Chapter, may appeal the final decision of the Director of Planning by filin~ a written appeal with the Planning Commi~slon within fifteen (15) days of thm~ decision. Other than issues appealable by any aggrieved person pursuant to Division 5 of Article 4, Article 7 or Section ~1.1-~g9.~ (b) cf thig Chapter, appeals by adjacent property ownsrs ~hall be limito~ to conditions which ~ir~¢tly affect pro~erty ow~er~ and include access, ~tility locations, buffers, conditions of zonieg~ architectural treatment in the C-i an~ 0-1 Di~trict~ and land u~e transitions. The commission shall fix e reasonable time for h~aring of the appeal and decide the s~me within sixty (60) days. The Co~mission ~ay affil'm, modify or revers~ ~he decision. O~ring this period the Director of Planning ~hall not approve the si~e plan er tee building permit. [Amended 9~ction 21.1-276. Pia~ni~ Commission Review. All site plans wh'ich"ars properly s~bm~tted as provided for in this division for Planning Commi~slon review and approval shall be reviewed and recommended for approval or denial as follows: (a) The apprepriato departments and/O~ agsncie~ will review and make recs~endatlons relative to approval or denial as outlined in Section ~1.1-~75 (a) of this Al~ticle. (b) Tho Director of Planning, or him agent, ~hall be rs~pon~ible for po~ting a notice of the s~te plan ~ubtie hea~ing in accordance with section 21.1-18(b). (c) The Director of Planning shall ~ubmit recommendations to the Planning commission for approval or denial of the site plan in accordance with the reviewing authorities' recommendations. (d) If the Planning commission fails to aD,rove or disapproue th~ proposed site plan within sixty (60) days after it has been officially su~mittud ~or approval, the applicant, after t~n (~0} days' notice to the Co,mid,ion, may petition the circuit Court to decide wh~ther the ~ita ~lan should or sho~id not be approved. The Court ~hall hear the matter and shall approve O~ disapprove the plan~ in accordance with ~hi~ chap=er. (e) In the event the applicant ~isag=ees with ~he final dscislon of th~ planning Commission, he may file s written appeal with the Circuit CoUrt within sixty (60) ~ay~ of that decision. In ~ddition, adjacent property o%rnsrs may appeal the final decision of the Planning Co~rmission by filing a written appeal with the Circuit Court within siMty (60) days of that decision. Adjacent property owners' appeals ~hall be llmitad to ~ondition~ which directly affect the p~operty owners and include aesess~ utility lo0ations, buffers, ccn~ihicn~ of zoning, architectural treatment in the C-1 and o-1 Districtm and land usc transitions. The Cour~ s~all Six a reasonable ti~e for hearing of the appeal. During this period the ~i~eotor of Planning shall net a~prove =he site Section 21.1~277. Perie~ of $it~ ~San Validity. An approv6d site plan ~hall become null and void if no ~ignlflcant work is done or development i~ made on the site within twelve (12) months a£har final site plan approval. There shall be no clearing or grading of uny site without approval cf a grad~n~ and/er erosion control plan by the Director Of Planning and the Director of Envi=o~e~tal Engineering. Construction or development may begin upon approval of the site plan by the Direct~ of Planning and of building permit~ by the Building Official. ~e~ticn 21.1~2!D. Minor or Major Adjustment in APProved $it~ Plan. (a) After a site plan has been approve~,' minor adjustments of th= ~ite plan, which comply with the spirit of %hi~ Article and other provlsion~ of thi~ Chapter; with the intent Qf the approving bodies in their approval cf s~ta plans; an~ with ~he general purpose of %he Caners1 Pled for d~velopment of the area, may be approved by the Director of Planning with concurrence of the rmvi~wlng authorities Concerned. Deviation from an approved ~ite ~ian without the written approval of the Director of Planning shall void the plan an~ the Director of Planning shall require the npplicunt to resubmit a new site plan for consideration. ~3-47 {b) Any major revision.of an approved cite plan shall be made in the same manner a~ Originally approved. For such revisions, a~y requirements of this .Article which eFe found by the Director to be unnecessary to assure compliance with ~%e requirements of this Article may be waived. ~an; PrDre~uisita to Issuan¢~ of Perm~. {a) It shall be unAawful for any person to Co~trust~ erect or structurally alter any buildin~ or structure develop, chan~e or improve land for which a site plan is ~e~ire~, except in accordance with the approved site plan- {~) NO building permit shall be imsued ~o construQt, erect or alter any buildi~ er structure or develop, or improve any lane, that im mubject to the ~rovisions of this Article until a site plan has been ~ubmitted and approved. Sec. .~.1.1-~9.I. Uses re~uirin~ improvement An improvement sketch must b~ submitted and approved for any uso in ~ Chemapeak~ Bay Premervation Area which exceeds 2,500 square feet Of land disturbance ~nd for which neithe~ mite plan approval pursuant to Division 2 of this Azticle nor subdivision approval pursuant to Chapter 1S.1 i~ required. Se~. 9~.1-~79.2. Preoaratlun and submismion of improvement (e) Request~ for improvement ~kekoh review mhd approval shall be accompanied by (1) t~e applicant'm m~rtificaticn that he will perform the measure~'included on the sketch and [2] copies of ~he improvement she%ch a~ required by t~e Director of Environmental ~ngineerinq~ For any land nme or development as describe~ in Section ~1.I-279.1 re,siring a building permit, the building permit application shall be accompanied by a request for ~mprovement sketch review and agproval and the applicant'm signature on the building permit application ohall eonotitute his certification that he will perform the meanure= inClUded on the i~provement sketch. For any other land use ur develol~ment~ the improvement sketch shall b~ submitted directly to the Department Of Environmental En~ineerin~ C~r review and approval. . (b) Every improvement sR~tcn shall ~a prepared in th~ following manner and show the following information, where neceosary and applicable as ~to~mined ~y th~ Director of Environmental Engineering; $oundary of entir~ tract by mates and bounds. Pa~kiDg area~ and driveways. ($)R~erea%ion area~ and open space. (4)Aras Of entire tract and imperviuua areas. (5) Suilding re~triotion lines to include Chesapeake Bay Preservation Areas~ e~istin~ and proposed u~ility easement(s) and setback(s) required by thi~ c~apter. (6) Existing and finimhed topography with a ~ximum of five (5) foot contour intervals. {7) Sto~u~ drainaqe systems to ~nclude natural artificial water,curses. (~) All a×istinq and/or proposed i~provements including well~ a~ primary and secondary drainfietdm. ~3-48 (9) Limits cf any ~shablished l~9-year floodplain. (10) Buildings an~ ~tru~ture~. i . . (11') Limits of l~nd disturbance. (12) Erosion control (13) Pollutant removal requirement calculations. ' (14) Best management practices satisfying pollutant leading rsquire~ntz. (c) The Director of Environmental Engineering or his agent ~hall be responsible for reviewing the improvement skstsh for g~neral =ompletenes~ and COmpliance with the regulationm and ~equirements of the Chesapeake PreservRtion Areas. (a) Am agent for ~he Planning Director, the Director of Environmental ~ngineering shall approve or disapprove the ±mprovament sketch in accordance with the regulations and thirty (30) day~ of the da~a of submission cf the i~provement sketch, if practicable. Such approval or disapproval may be the Environmental Engineer'm approval or disapproval of the building permit application. (b) Any person aggrieved by a deci=ion of the Director of Environmental Engineering approving er disapproving improvement ~ketch may file an appeal in accordance with the procmdures provided in Section Sec~ ~1.5-179.4. .~riod of i~nrovement sketch validity. An approved improvement sketch shall become null and void fl no significant work is done or development is made.on the mite within six (5) months after final approval. There shall be nc clearing or grading Of any ~ite without approval of am improvement sketch by the Direstor of E~viTenmsntal Engineering. ~eo. 21.1-279.5. Minor or ma~or adjustment in (a) After an improvement sketch ha~ been approved, minor adjustmehts of the ~ketch, which comply with the spirit of this Division and uth~ Drovizions of this Chapter ~ay be approved by the bites:er of environmental Deviation fro~ an approved improvement sketch without the written approval of the Director of ~nvircnzental Engineering shall void the skf%oh and th~ Director of Environmental Engineering shall require the applicant to resubmit a new improvement sketch for consideration. (b) Any major revision of an approved improvement sketch sh~ll be made in t~e same manner as originally approved. For such revisions, any requirements of this Division whish ere found by the Director of Environmental Engineering to be unnecessary to assure compliance with the ~e~uirenen~s of thi~ Division may be waived. improvement sketch; prerequlslte .~.o issuance of build~n~ permit. (a) It ~h~ll be unlawful for any pe~son to develop, structurally alter any building or structure for W~ieh an imprOVement ~ket~h isr~Uire~'~!'eXcept in acoord~nos witk an approved improvement ~ketch. (b) NO buiZding permit ~hali be i~ued to erect or ~%ructurally alter any building or ~ubject to the ~rovi~ions of t~is Di¥i~ion until an improvement sketch has been submitted and approved. (sactlons 21,1-Z79.~ - 21,~-279.6 In addition to any other fees required by the County, fees shall be payable to the County Treasurer and submitted to the Planning D~partment upon filing as follows: (~) sitm plan: ¢1) original submittal, including up to two (2) ~esub~ittsl~ Third and snbs~quent resubmi~tals K~Jor adjustment including up to two (2) resu~mittals (4) tinct adjustment to approved ~ite plan (b) Schematic Plan Appeal to dscision cf Director of plannin~ This 0rdinance shall be effective upon $75~.00, plu~ $45.00 per acre per r~ubmitSal $$00.00, plus $25.00 per acre $250.00 p~r ~ubmittnl or r~dbm{ttai $1,025.00, plu~ $50.00 par acre for the firz~ 50 acre~ a~d $25.00 per acrs thereafter. $260.00 th~ da~e mf adoption. Vote: Unanimous (It is noted in order to accomplish ~he notification required ~or a~jao~nt propsrty ownsr notification. An additional $1,100 will be needed for staff costs this fiscal y~ar and if ~he Planning Department cannot absorb the FY9~ cost $4,400, a year-end adjustment will ba made. Th~ estimated ecs% is $19,000 whi=h will be addressed durlnq the TO COEsXDER ~N ORDINAWe~ TO V~TE A ~IXTEEN ~OOT Mr. stith mtatsd this date and time ha~ been advertised for a 9M-50 of a mixteen foot easement on Lots 29 and 30 within Cambridge Subdivision, Section 3. ~ No one came forward to speak ~n favor of er againmt the ordinance. adopte~ the following o~dinance: (,,gP~INTOR") vacates tc PAGE DABKEY CALISC~, ("GRAnTeE"), a Der%ion of a ~6~ easemen~ acrosc Lots 29 and 30, Black D, Cambridge Subdivisien, Midlothian Magisterial Chesterfield County~ Virginia, as ~hown on a plat thereof duly recorded in the clerk'5 office of the Circuit Courk of Chesterfield County in Plat Book 1~, Page ~. WE~R~$, Pa~e Dabney caliseh, petitioned the Board Supervisors cf Chesterfield County, virginia .~e vacate a portion of a %5' easement in cambridge Subdiv~mlon, Section ~, Midlothian Magisterial Distriet~ Chesterfield County, Virginia more particularly s~own on a plat Of record in the Clerk's office of the Circuit Cou~t of said County in Plat Book 13, Paqe 21, ~ate~ January 31, 1~5~, ma~e ~y Bras. Thm portion of sa~nt petitioned to be vacated is ~ore fully described am fellows: A portion of a 16~ easem~n~ aorom~ Lotm 29 an~ 30, Block D, Cambridge gubdivision, Section 3, MidlOthia~ District, Chesterfield, Virginia, ae ~hown on a pl~t thereof by LaPrade Bro~., dak~d January ~l, 1963, a copy of which is hereto and mede a part of this Ordinance. ~R~AS, notice has bean ~iven p~re~ant to s~mtion 16.1- 431 of the Code of virginia, 19~0, a~ ~mea~ed~ by advertising; and, W~REAS, no publi~ necessity exist~ f~r the continuance of the portion o~ easemen: sought to be vacated. NOW THEREFORe, ~ IT OP~DAI~D ~Y T~B BOA]kD OF SUpeRVISORS O~ CHESTERFIELD COUNTY, VIRGINIA: That purmuant to S~ction 15.%-482(D) Of the ~o~e of y. ircinia~ 1950, as amendeR, ~he aforesaid ~or~ion o~ easement De and io b~r~by vacated. This ordiDance shall be in full force and effect in accordance with section 15.I-492(b) of the ~de of virginia, 1~$0, as amended, add a certified copy of this Ordinance, together with the plat attached hereto ~hall ~e recorded no sooner %hen thirty days hereafter iD the Clerk's Office of the Circuit Court of Chesterfield County~ virginia'pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amende~. The effect of this Ordinance pursuant to Sodtien 15.1- 483 is to destroy the force and effeot of the recordbng of the portion of the plat va~uted. T~is ordinance shall vest fee simple ti=lc of th~ portion of easement hereby vacated in the property owner Of Lots 19 and 30, Block D~ Cambridge Snbdivieion, Section. 3, free and clear of any right~ of public use. ~o¢ordingly, this Ordinance shall be indexed i~ =~e names of the County of Chesterfield ss ~rantor and Page Dabney Calisoh, or their successors in title, as grantee~. vote: Unanimous 93-51 1/13/95 ~,F. TO COM~ID~ ~-N ORD?W~CE iT~ ~ACATE A PORTION OF A TWENTY ,F,OOT BASEMENT ON LOT 6, BLOCK B, BID~E ~UBDIVISION Mr. Stith stated thi~ date and time has been ~4vertlsed for public hearing to ¢0ns~der an ordinance tO vacate a portion Of ~ twenty foot easement on Lot 6, Block ~, within Winterberry Ridge Subdivision. No one came fo~ard to speak in favor of or against the ordinance. On motion of Kr. Colbert, ~econded by Kr. Barber, t~e Board adop=ed ~he following ordinance: ~ ORDIN~UE whereby %h~ COUNTY OF CM~T~RFIELD, VIRGINIA, (~G~TO~") vaGat~s to R. LEON~ VANCE and TONILY~ T. V~CE, (husband and wife) ("G~TE~'~), a portion o~ a 20 ea~em~n~ across Lo~ 6, W~nt~rberry Ridg~ Subdivi~ion~ Hill Magisterial District, Chesterfield county, Virginia, shown on a plat thereof duly recorded in t~ Clerk'~ Office of the cir~it Court of Chemterfleld County in Plat Book 22, Pa~e 64. ~E~S, Mr. R. Leonard VaDC~ and Mrs. Tonitynn Vance, petitioned the Board of Supervisors of chesterfield county, Vir~inla =~ vacate a portion of a 20' easement in Wi~terberry Ridge subdivision~ Clover Hill Distrlc=, Ches=erfield ¢o~ty, Virginia more partioKiarly Circuit Cour~ of said County in Plat Book ~, Page 64, dated July ~4, 1974, made by J. K. Ti~On~ & A~ociat~m, Inc. The de~crlb~d as follows: A portion of a 20' eas~ent across Lot 6, Ninterberry R~dge Subdfvimion, Clover Hill Di~trlc%, Chesterfield, Virginia, as ~hOW~ on a plat thereof by J. K. Tigons & A~o~ciate~ P.C., dated October 28, 1992~ a copy of which is attached and ma~a a Dart of this Or4inance. WHER~S, no%ice ha~ been given pursuant to Section 15.1- 4~1 of the Code of Vir~inia~ '1950, as amended, by advertising; ~ER~S, no public necessity exists for th~ continuance Of the portion of easement sought to be vacated. ~OW ~ER~FORE, BE IT ORDAINED BY T~R BO~D OF SUP~VISORS OF CH~ST~RFIE~ CQ~T~, V~GINIA: ~at p~uan% to S~ction 15.1-45~(b) of the Co~e of Vir~inla, 19~0, as amended, the aforcuaid portion of be and is hereby This Ordinance ~all be in full for=~ an~ effect in accordance wi~ Section 1~.1-48~(b) of the Code of 1950~ as ~ended~ and a c~rtlfied copy of this Ordinance, =o~e~er wi=h the plat attached hereto shall be recorded sooner than ~irty days h~reaft~r ~n =he Clemk's Office the Circuit Court of Chesterfield Count~, virginia to Section 15.1-485 of the Cod~ of Vir~iD.iA, 1950, ~ effect of this Or~inan~ pursuant to Sec=ion 15.1- 483 i~ to destroy the force and effect of ~e r~cordi~g of the ~ortlon uS the 91a% vacated. 9hi~ Ordinance shall vest ~m property u~ers of Lot 6, C~mbridge ~ubdivision, free and clea~ of any rights of public u~- 93-52 Accordingly, this ordinance shall bm indexed in the names of the County of Chesterfield as ~rantOr a~d R. Leonard Vance and Tonilynm T. V~nce, (husband and wife), or their successors in ti%lo, a~ grantees. Vote: 'Unanimous TO CONSIDER AN ORDINANCE ~UILDIN¢ ~IT FEE ~D TO C,ONSIDER ESTABLISHIN8 FEER~ ~RRRORRIATIN8 FUNDS AND AWARDING CONTRAQT~ ~EG~DIN~ T~E SHRINK/SWELL SOIL PROCR~M Mr. Micas stated thio data and ~ime has been ~dv~r~ised for a public hearin~ to consider an ordinance relat~n~ to the residential building pormi~ fee and to consider e~t~blishing fees, appropriating funds and awarding contra~te ~egmrdlng the shrir~/swe!l coil program. ~e outlined the recommendations made by the Shrink/Swell Soil Task Force. Mr. ~srnard Schmelz, Team Leader of the S~rink/Sw=ll Soil TaCk Force, reviowsd the i~plemen~Rtion of varlou~ resommendatlo~s ineludlng ~-~e computer based tracking syotem; the ~tand~rdized soil testing and fedoras policy; the standardize~ footing 4esign r~qulrement; %~e separat~ fra~ing and insulation inspections; the separate veneer inspaation; the celestion/hiring of the ombudsman ponltion; the legal and engineering asoistunce programs; the short-for~ an~ long-~crm informational brochures relating to =hrink/~well soils; th~ revisions to the subdivision ordinance; eoils mad preparation; th= academic grant wish Virginia University; the skills enhancement trainin~ program for staff in the Build~ng Inopection Department; th~ dovelopmant of the mission statement of the Building Inspection Department; and the reorganization of space ~o the Building Inspection Department. ~a stated staff ~ould roport back to the Bosrd on the Coopers & Lybrand porformance audit report on Janu~r~ 27, 1993. ~e then reviewed the dost estimates for tho ombudsman position and the ~$%imated revenue based on the building permit surcharg~ and application fee. Discussion, co--eats and questions ensued ~elative to the co~t est£~ate for tho englnearing investigation and the rol~ of the engiue~r; the cost esti~mt~ for l~gal assistance and the service that would be received £or the proposed eZ00; whe=~er there wer~ any other jurisdictions with thi~ type of comprehensive program currently in place; and the purpos~ of the academic grant with Virginia University. It wad generally agreed to rsQees for five minutes. Mr. TC~ Scstins referenced a report regarding shrink/swell ~oils conducted and submitted by a geologist from Colorado and orated ha has been unable to reoolva his problem to date. Ee reviewed the hi~tory of tb~ ~oils in the county and how it relates to shrink/swell and the available avenues he ha~ ~cught in aa e£feit to resolve the problems he is e~eriencing and the impact these problems have ~ad on his family. Ms. Kathy Kon~yals stated she has experienced problems attributable to shrink/swell soilS; that her home had bean inspecte~ pric~ ~o purchase; tha~ sh~ f~lt a ~rge majority of the probl~n~ balng ex~erlanced were attributable to poor workmanship rather than shrink/swell soilo; that in the past, the County did not document oomplainta; that she ~id not feel an ombudsman, lawyer or engineer~ would be able to a~ist her; that she has repaired her home'at ~er own expense; that she felt the ombudsman position should not be housed at the Courthouse; that she felt the ombudsman should Be fair minded and objective and no: be afifiliated with any special interest group; that a complaint tracking system should be implemented with thc information being aoaesslble to clt%zens; and that she fe~ a solution needed to be d~termined at this point in time. ~he submitted into the retard a copy of the in~pection report ccnducts~ on her ho~e. F~. George Beadles stated he felt any fees enacted ehould be reviewed approximately every six months and that no amount of money would re,tore the loss and feeling cf helplessnese by t/lo~e homeowners who have experienced damages. Mr. Bob ~arn~s stated he felt the foundation pour inspections, additional inspections, the engineering prppesal and enf0rcemen% Of the Building Code would assist the situation; that the problem ~kould be resolved and these fssnes only address protecting t~s future; that all ~f the homes experiencing damages should be fixed n~w and not be delayed; that the ombudsman position role s~ould · include other constr~ction related issues and reviewed thc quelifi~ationm for t~e positioD; that the position should Dm temporary and eon~iderati0n shauld be given to th~ individual being hired from the state er federal government; that be did not feel anyone working fo~ :ha County should be given consideration in XilliDg the position and expressed concerns relativ~ to th= f~nding coming from the general fund; and t~et th~ County should s~lect objective, independent engineering firm~ and indicated he di~ not feel the proposed $600 would cov~r t~e necessary ~ngineering. F~. Tim $oatlno stated he re~ide~ in a house damaged by shrink/~w~ll s~ils; that the problems h~e family have experienced has created a stressful envlronm~nt; that he felt the problem would continue to worsen if net corrected and the County should resolve thm ~ssue; and requested the Board to assist the affected hom%o~nerS. ~r. ~anford Byer stated he reside~ in Brandermill; that ha has experienced etruotural damage to hi~ home due %~ rotting foundations; that his home was inspected and he was informed t~e house met the Build~ng Code; and he fel~ the standards of the Building Coda should also be addressed in the proposal. MC. Brian Murphy stated he is a builder~ re~id~ in the County and has become involved with issues regarding shrln~/~well coil,s that hu reviewed the performance audit report submitted by Coopers & Lybrand and was familiar ~ith t-ha various Work session~ a~d public hearings which have bees held; that he felt most of the reports s~bmittsd on the recommendations documented in the reports and expressed concern r~latlve to th~ ombudsman positioD; and that he felt the add~tlonal inspections implemented were su~{~cien~ without the r~quirement to have a foundation pour inspection. and has experienced Building Code violations with her home; related to poor workmanship and the builder would not make the necessary repairs; that she filed a slaim with ~0W which was accepted; that ~he received two conflicting engineer hame; that in order to have her house repaired, she would have to sign an insurance release farm prohibitin~ her from Mr. Thoma~ Browski stated he resid~ in Brandsrmill; that he felt there were more homeowners experiencing damages who have not yet coma forward; ~' ~bat a relie~' fund should be established to assist those homeowners experiencing damages; thut he supported the new building re~latlons as it would assis= in protecting homes in the future and expressed concerns relative to homeowners seeking legal recourse without assistance; and r~que~ted the Board to assist homeowners in need. Nr. Philip Hal~ey ~tated that he ~s a real estate developer, a~chltect and developer of Windsor Park Subdiui~ion; that ha support~d the con.eDt of an ombud~msn positio~ b~t felt the position should be funded ~hrouqh general fund dollars; that he did not feel the imposition of a fee wa~ fair or that there was a need for the foundation pour inspection due to the resent building practice~ implemented~ and that he was concerned about th~ qualifications relating to building inspectors. Mr. Robert ~- Talbert stated he resides in Woodlake; that he felt the Board should follow the. recommendations $u~itted; an~ that the £~su~ should be followed throuqh and then revisited at a later date to see what can be done to help those who have already been adversely affected. Mr. Graham Henderson stated he r~ide~ in the County; that he i~ a structural engineer, is familiar with shrln~/swell soils and r~ferenoed the history of tho County's soil; that the study on soils was not beneficial at this point ~n time; that the five year warranty on builders would agsi=t homeowne~ in ULt. Richard Henshaw snared he resides in the County and is lisensed contractor; that ~e felt when there were problems, the development~building industry was impacted and held responsible the m~jority of the time; that it would ha difficult for a building inspes:or from the County or soncrst= inspector to be on th~ job when footings are and expressed concern relative to safe=y issues; that there and, speeifically~ as the reports r~late to damages and actively involved in varieu~ civil qro~p~; that he felt the ~s~uss relatln~ tu shrink/swell soils ~n a serious concern; that there was not sufficient information available to clearly define the scope uf the problem on specific ~itee at this ~oin% in time; that the County could no= afford to provide as~istanse to all individuals requesting it and the repairs made should be done on a cost share basi~; and that d~f~ned before any solutions are implemented; that he oould ~upport e~hancements to the Building Code; that there would be problems associated with coordinating the pouring of the footings and th~ actual inspection; that h~ did not feel County could charge jus~ a select few to repair th~ damage~; and that the County should not be financially responsible in repairing the damages. Dr. Harold Matthews stated he resides in the County and is a soil~ ~Cienti~t; that he supports the recol%~eadabions with the ~XC~ption of ~¢ OO~t for th~ ~ngin~r£ng ~rv£¢e a~ felt it was premature at this point in Mr. John Dyke~ .~pre~ident of .Endicott Construction Company, a~ated ke resides in the County and was a member of the Co~i~eion on Soils and Foundations; that the ¢~arges imp0~ed wo~ld be passed down to new home buyers and he felt it was ~nf~ir to o~arge these buyers tko cost of Eponsorinq the o~budsmU~ position: that the needed reVenUe should ~ome ~rom the general fund; that he supplies references to prospective home buyers e~ previou~ ho~e~ he has built; that it should t~e responsibility of the homeowner and ns~ the County to supply individuals with informatfon/references o~ builders; and that the fundm designated for legal assistance should be spent to repair the ~amaged home~ rather than the County providing that type ~f service. ~s. Teresa Gabbert stated ~he resides in =he County, has experienced damages to her hone and e~pre~sed concerns relative to the criteria to be u~d during the selection process for the ombudsman, legal and engineering firms. Mr. ~ichael Kelser stated ~e resides in ~ood!ake Zubdiui~ion and e~reseed concerns relative to tl~e selection of tho engineering Mr. Bob Kerns= exp=e~zed concernm relative to the legal assistance issues and funds being spent on a soil study; and that he felt the builders responsible should ~e identified and held deCCan=able. Mr. Dnpler reviewed the role of the engineer and stated the engineer wo~ld ~urvey th~ foundation, ~xamlne the cracks and make a J~dgement as to the initial cause of the cracks two Crack locations and d~g teat pits do~ to the footing att~pt to s~a if there are cracks in the footing. fur~er sta~d %~e engineer would then document the wi~ photograph~ and wC~ld conduct ~ serie~ ~f tests' such initial sampling and laboratory work to assist in the e~ent of shri~/~well soil. Di~cu=~ion, co~ents and questions ensued relative individual oomDlaint= an~ Code vlolatlsn~ b~ing cited and info~ation being ~ade available to citizens; the difference i~ definition be%ween the wording of "ci%~" and "document" i5 relates to Code violations; wh~thar thee ~ype uf service would 51d the homeowner when attempting to resolve pr~blem~ through legal recourse; and implementation of the proposed Mr. MoBale stated h~ felt th~r~ was a differdDe~ between the taken when documenting =hi~ inS~r~ation in the tracking ~. Daniel submitted into the record a letter from the Homebuilders Association of Richmond requesting deferral of new residential building construction, inspection and surcharge requireme~5~ a~ =he Association h=s r~sted an interpretation .from ~ ~tate's Tec~ical Review Board which would nut meet ~til later i~ t~e month. ~e further h~ felt the extent of the ~tuation had not been clearly defined and e~ressed conc~rn~ as to t~e qualifications ~quality in the building industry in muter of engineering firm~ which would b~ u~ed; Conflicting enginee~inq reports; =~e legal ms=i~tance which 93-56 1/13/9~ would be received; the cutoff date for ci%izen~ to apply to the County for assistance; the ¢os~ estimates £or ~he ombudsman position and legal and engineering services; whether the programs could be funded through fees or general fund money; whe%ker the County ~ouId guarantee quality workmanmhip beyond ~nforcemsnt of the Building Code; and the role of the Building Inspection Department ~h~n ~nfor~ing the Building CudS. Mr. Warren ~xpre~sed appreciation to those who have participated during th= public hearing process and sta~ed the Board has attempte~ to addr~ and re~ol~a i~s~s~ related to shrink/swell soils. ~e further stated the County was unabl~ to guarantee quality werk~an~hip ~nd could only assist homeowner~ within certain legal confines and noted issues related to shrink/swell soils end pour wor~J~a~shlp were prevalent throughout the state. ~e reviewed mhrlnk/swell soil i~sues and stated these issues exist in other states and h~ felt citizens Should contact their l~gislativo and state representatives to reque~ assistan¢~ at th~ ~tate level. He inquired a~ to the legalities associated with the County disclosing documented complaints against thugs builders who hav~ b~en identified with consistently having problems. violations left uncorrected. Mr. Ramsay clarified the county complaints and violatinn~ and would be provided as public information. Mr. Warren i~quired a~ to insurance companie'~ requiring signed relesse~ prohibiting homeowners from discussing their claims. Mr. Micas stated insurance ¢ompanieg could impose praoti~e. Mr. Barber stated he did not feel this action would be th~ final ~tep regaPding the ~hrink/swell ~oil ~ue and the County was pursuing ob=aiming a declaration of public purpose thi~ issue with representatives at the state level and stated he felt the solutions utill needed to be identified for homa~ currently experiencing damages to shrink/~well ~oils although the 'Board ~o adopt =~e ~hrink/swell soil ~ro~rum ~eco~endations submitted by the Shrink/~well ~oil Tusk ForC~ =nd extending the application time to June !, 1993 instead of kprit 1, 1993; to adopt an ordinance to amend ~ Code of the 6-4 relating ~o r~sXd~ntial building pe~it' f~e~ by permit iu~ed after January 1~, 1993; a~d to ~ppropriate the necessary $~62~000 for the implementation of ~e shrink/swell program. Mr. McHale stated, in Drinoiple he agreed with ~. Barbgr a~ i% related to the proposed application date of Jun~ 1, 1993 and ~e fel~ the sunset date should be keye~ ~o thirty days after the ulo~i~g data of the General Assembly o~ June 1, Karch 1, 1993 and stated he would be in agreement with a May the motion made by ~. Barber, seconded by Mr. Warren, fu~ 93-57 ~13/93 the Board to adopt the ~shrink/swell ~oil p~ogram r~ooK~endations s~bmitted by the Shrin~]swell$oll Task Force and extending the application time ~o May 1, 1993 in~tead of April 1, 1993; =o adopt aa ordinance to amend the ~ode of the County of Chesterfield~ 1978; as amended, by ~mending Section 6-4 relating ~e residential building permit foes ~y insr~a~£ng the fee by $1~5.00 effective on every building psi-mit issued a~tsr January %3, 1993; and to appropriate the necessary $362,000 for the implementation of the shrink]swell program from tho sources below. ~r. RamSey clarified s=af~ had ceatmitted to the proposed timeframe for the engineering work to bo completed by June 39, 1993 and ~oted ti%is action world move the completion date tO July 31, 1993. Mr. Warren called for the vets on the m~tien mad.e by Mr. Barber, seconded hy Mr. Warren, for tho Board to adopt ehrink/awe!l soil program r~commendat±ons submitted by t_he Shrink/Swell Soil Task Force and extending the application t~me to May 1, 1993 inst~a~ of April 1, 1993~ to appropriate the necessary $362,000 for the implementation of the ~hrink/sw~ll program pmr the following chart; and for the Board to adopt the following ordinance: ~ilding ~erl~i~ surcharge (through 12/31/~3) Application Fee General Fund Balance $250~000 20~000 92 0oo $562.000 ombudsman Off,ce salary and benefits Operating oost~ and equipment Sub~otal $ 42,000 Bngineerlng contracts $240,000 Legal services contrasts ~0,00.Q noted because a ~e~tion of the building permit $30,000 12,000 sure,argo will be collected in FY94, a temporary appropriation of Fund Balance in the amount of $125,OQO will ho n~cessary. This will be re,toted when the re~enue is collected.) AN 0RDI~ANC~ TO AMEND TNE CODE OF THE COUNTY OF CHESTERFIELD! 1978, AH A~ENDED, BY A~NOING SECTION ~-4 RELATING TO RESIDENTIAL BUILDING PERMIT FEES BE IT ORDAINED by the ~oard of Supervisors of C~ee~erfield County that: {1) The Code of the County of Chesterfield, 1978, as amended, is amended by amending section 6-4 as follows: Sec. ~-4. Permit fees. [e} Generally. Unless otherwise except=d, no permit to ~eglm work , for new con,traction, alteration, removal, de~molitien or other building operation for ~on~truotion r~qulrod by the several provi~ion~ cf the Virginia uniform Storewide Euildihg Code shall be issued un=il the fees prescribed in this section shall have been paid. No a~e~d~e~t to a permit necessitating an additional foe because cf an increase in the serifa%ed coat Of the work involved shall be approved until the additional fee ~as been ~aid. All such permits shell be issued Dy the building official on £or~s approved and furnished by hi~ office. The fees for permit~ shall be based upon the projec~ cost ~or labor and materials. Costs submitted ~hall be no lower than those listed in thz Marshall and Swift Index or other evaluation of building costs as approved by the building official. ~inimum accepted costs Will be adjusted annually On July 1 to reflect change~ an oust 0£ construction, The building official may assess additional fees when a review of the per,it application sr plans shows that sufficient fees have not b~en paid. Tees will be Charq~d in accordance with the following schedule: (1) RESIDENTIAL NEW CONSTRUCTION a. Finished square footage: Minimum fee beginning ~anuary 1, 1994 . · · $185.00 Minimum fee until January 1~ 1994 ..... $310.00 seginning January 1, 1994, each one thsus&nd dollars or fraction thereof of =he estimated cohstructlon cost ....... $4.25 Uutil January 1, 1994, a faa of $12~.Q0, plus $4.~ for each one thousand dollar~ or fraction thereof plus $4.25 b. Unfinished inturio~ uq~are footage: Minimum f~ ................ $~0.00 Each one thousand dollars or f~aotion thereof of the estimate~ eonstrustion ¢o~C .................... $4.25 c. Unflnis~ed ~t~rlor ~quare footage: Minimum fe~ ................ $~.00 ~ach cna thousand dolla~ o~ fraction thereof of the estimated construction cos% .................... $4.~5 d. Interior remodeling and ult~rations, accessory buildings an~ ahems costing Minim~ fee ................ $25.00 =ach cna thcu~an~ dollar~ or fraction thereof of the e~tima~ed construction cos= ............ $4.2§ a. CarDer,s, canopies, pole buildings, and pavilisns: Fixe~ rate ............... $~.00 f. Mobile homes: In mo~ile home parks . ~ ......... $50.00 On private property ........... $2S.00 g. Residential temporary certlflcatss of occupancy & extensions .......... $~5.00 h. Residential request for refund (administrative charge) ........ $2S.O0 (2) This ordinance shall b~¢em~ effective for all permits issued after January 13, 199~. Vo~: Unanimous F~- Mica~ stated t~ie date and tima has been advertised for a public hearing to ¢onsXder an ordinance increasing residential building permit fee to defray ~he cos% of foundation pour inspections. Me further stated in I~2, the Doa~d increased the nu~0er of r~sidentlal building inspections to twen~y-~wo wi~ cna of thosa inspections anticipated to b~ a visual inmpeution of th~ foundation pour for new r~$idence$ built within the County. He stated the inspection would be accomplished through contracting by the Building Inmp~otion Department wi~ a private engineering ~i~ DO visually inspect the founda~io~ ~our and in order accomplish ~e additional inspection, the proposed ordinance would increase the building permit fee. H~ re~sted Board con~ider adding additional languag~ to the ordinance an~ clarified this proposed language would apply an additional fee if the inspector needed ~o go hack to t~ zite more ~an one ~en asked, Mr. DuRler reviewed the proca~s in whic~ inspection would be coordinated with the County. Discussion, co~ents a~d ~uestio~s ensued relative to the process that would take 9Iaea if an inspection needed to con~ucte~ on a holiday; the inspection b~ing conducted by privat~ engineering company versus the County; the purpose of th~ in~pp~tion bsing to verify ~e pour is don~ correctly and in compl~anoe wi~ s~andardu; the DroGes~ which would follow 'if the in~peotion i~ not conduct=d; a~d whe=her there alternative metho~ available for tasting the foundation pour. ordinance, submitted into =h~ record photograph~ of his and reviewed the damages his home hum experienced. furthe~ ~tated he supported the implementation of thm complaint ~racking $ygt~m; that damag~ to his ~ome was attributable to poo~ inspections an~ workmanship; that h~ being experienced~ and requested the Boar~ to adopt the Mr. Bob Olden ~a~d he ~erve~ on tho co~ission on Seil~ and Fo~dationm; that ~e problem was relatsd no% only to shrink/swell soil but Door workmanship; that he is familiar with various type~ of construction and he fel= proper standards and 9rocudures should be followed; that ot~er localities hav~ experienced similar pro~lem~; that no o~her govsrnmentaI en~ty hau any similar uomprehsnsive t~e of program in place; and that he supports a~o~tion of Mr. George ~adles stat~ he f~lt con~deratio~ cf the ordinance should be d~ferred to allow tim~ to observe the impac~ of recently implemented building regulations. cond~ot the inspection and referenced ~E County's soils Mr. TOm King, P~esident of Mid-Atlanti~ Builders, ~ta~ed they ink,motions. ~e s~ted he felt the problemo currently bein~ Mr. Lloyd Poe, President of Lifestyle Builder~, axpra~ssd eenesr~s relative ~o ~he inspection progess in general and stated although ha support~ protective measures for the future, he felt the solutions were excessive and costly and the County should seek a more cost effective solution. He further stated he felt input should be receive4 from the building industry in addressing this situation~ Mr. Barber stated he has met with representatives from the HomeBuilderm Aeeooiation~ indicated he was unaware m~ any proposals being submitted from the association and i~q~ired whether the County had received any solutions in the form of a proposal from the HomeMuilders Association. Mr. Poe stated he was net speaking on behalf cf the HQm~Builderm Asmociation, however, he felt the Association Was willing to offer solutions in an effort ~o ad,rems the Ms. Terry Pruitt expressed concern~ about the proposed ordinance a~d stated she felt the issue should be deferred until a decision is rendered by the State Teohnloal Review Board; and that she would like the opportunity to address the issue of improving building practices with the appropriate inspeCtOrs which would be needed to conduct the foundation pour inspection ~nd the proposal to charge the additional she would lika to review the proposed policy prior to action W_r. Brian Murphy e~p~essed concerns relative to shrlnk/ewell soil issues versus poor workmanship issues and ~tate~ he felt ~o consider other uolutioss. minimum etandar~ ~oeting; that they did not feel every home studies conducted by the County. expressed concerns relative to enforcement of the Building Code and variou~ publications prodncsd by the ~onsBuilder~ the building industry and proo~¢e~ in general. ~r. John Dyke, Pr~sldent of ~ndioott Construction Company, foundation pour inspection and stated the ~oseBuilders A¢~ociation has been involved in the process- from the beginning; that he felt any qualified engineer should be able to condu¢~ the inspection; that there wur= other options available to the foundation pour inspection and expressed co,corns about the erdinan¢e being adopted at this time. of Riohmond~ s~sted the Aseooi&tlon was rsguesting deferral of th~ ordinance pending the d~cisien of the State's Toe~nioal Review Board which would~ net most until late: in the month. · h~r~ b~in~ ne one else to address this orOinancm, the puDlic ~maring'was closed. When a~ke~, Mr. Qupl~r stated the inspection would be offmre~ by the County and world al~e De~mlt builders ts meek the ssrvic~ independently allowing ~bs contractor to ~e .able te select the Cuunty'~ engineerins in~pe¢~r or at the time of 93-61 1/13/93 .I permit application, the contractor could declare he would using a registered engineer. 'E~ further stated the County has selected two flrm~ who do not deal directly with Disoua$ion~ comments and questions en~ued relative to Whether builders could certify their own foundation pour inspection if a certified engin~er; the service the inspection provide to the hamebuilder; and whether engineers from the sa~e conetrI~e~ien fi~m actually doing thm building, could conduct the foundation pont inspection.. Mr. ~e~ale stated he was not comZo~tab/e with the censtru~tlon ~irms doing the building also beinq able to conduct the foundation pot~r inspection and stated he felt the wording should ~e changed ~e reflect that the inspection will consideration of the Ordinance until the next sc~he~ule~ Board meetiDg on JanUary 27, ~r. Barber stoned he f~lt the foundation pour inspeczion would a~si~t in preventing problems related to the eo~struotlon o~ founda~io~ in the future and, therefore, he supported t~e proposed ordinance. He ~rth~r stated he willing to continue dialogue with the various affecte~ groups add if the o~dinanoe wam adopted, the Board could revisit it at a late~ date. Mr. Ba~er then mad~ a motion, seconded by ~r. McEale, f~r the Board to adopt an ordi~an~ to amend th~ Cede of County of Chapter,eld, 1978, as ame~d~d~ by amending S~ction 6-4 relating to r~sldential building De~i~ ~es and, specifically, incr~mslng the residential building permit fee to defray the cost of foundation pour inspections. ~. McHale ~tated philosophically he felt the =ransaction ~tween buyer and ~ller was a private transaction and role of the Building In~pedtion Department should be monitor ~a process. ~e further stated the system does not work ~at way and he felt if foundati0nz were con~truuted properly, th~ majority of strn~tural problems Wi~n the County, to allow an oppor~unlty to redefln~ th~ inspection to be conducted by ~n independent retained by the builder. and stated it was his intention to initiate =he fee on any implicated on building permits i~s~ed after Jannary 1~, 1993. There was brief diso~m~ion relative to independent engineers con~uoting ~ foundation pon= Mr. Barber restated th~ motion made by him, sac0~ded by ~. McHale, for ~ Board to a~oDt an ordinance to amend the Code specifically, increasing %he residential building permit fee to defray the cost of fo~dat~on pour inspections on all building p~rm~t= issued after ~anuary 15, 1993; to l'I ~he ordinance has on building practices within the County in an effort to provide an opportunity to redefine the if necessary and to permit the foundation pour inspection to bE conducted by an independent engineer retained by the builder. Mr. Warren called for the vote on th~ notion made by Mr. Barber, ~econded by Mr. MeHale, for the Board ~o adopt the following ordinance e££eotive on all buildiDg permits igsued after January 13, 1999; te include review of the ordinance by the Beard at its regularly scheduled meeting on October 1993 to determine the impact the erd~nance has on practices within the County in an effort ~e provide an opportunity to redefine the proceSS if necez~ary and to permit the foundation pour inspection to be conducted by an independent engineer retained by the b~ilde~: AN 0RDINANC~ TO AMEND THE CODE 0~ TEE COL~NTY OF CBESTERFIELD, 1978, AS ~END~D, ~¥ ~RDI~G BECTIQ~ PERMIT FEES ~ IT ORDAINED by the Board of Supervisor~ of Chesterfield County that= (1) The Code of the CoUnty of chesterfield, 1978, as emended, io amended by amending section $-4 as follows: Sec. 6-4. Permit (a) ~enarally. Un,les~ otherwloo e~eepted, no permit to begin work for new construction, alteration, re~oval~ demolition or other ~uilding operation for construction required by the s~verai provisien~ of the virginia Uniform Statewide Building Code shall be issued until the fee~ prescribed in this section shall have been paid. NO amendment to a permit necomsitating an additional fee because o£ an increase in the e~timat~d comt of t~e worR involved shall be approved until the addigional fee has been pai~. All snob p~rmitm shall be issued by the building official an forms approved and furnished by his c~iee. The foes for permits shall b~ based upon the project cost for lubor und materials. Costs ~ub~itted shall be no lower than those lis=ed in th~ ~arshall and ~wift ~nd~x or other evaluation of building coats um upproVed by =~e building official. Minimum accepted casts will be adjusted annually on ~uly 1 to reflect change~ in cost of construction. The building official assess additional £oos when a r~view of th~ permit application or plans show~ that sufficient fee~ have not paid. Fees will be chargs~ in accordance with the following schedule: (1) R~SIDENTIAL N~W CONSTRUCTION a. Finished square Minimum fee beginning January 1, 1994 . . . $185.00 Minimum fee until January l, 19~4 ..... $310.00 Beginning January 1, 1994, each .one thousand dollars er fraction =here0f of the estimated construction coat ....... until January l, 1994, a fee of $1~5.00, plUS $~.25 for each one ~housand dollars or £ractio~ thereof of the estimated con~truction oasdi25.00 plus $4.25 b. Unfinished-interior square footage~ Minimum fee ............... $50.00 Each one thsusand dollars or fraction thermal o£ the estimated construction cost ............. unfinished exterior ~quare footage: Minimum fee ................ Each en~' thausand dollar~ or fraction thereof of the e~timated constructien cost ...... ' .............. $4.25 Interior remodeling and altaratlon~, accessory buildings and sheds cosfing over Minimum fcc .... - - - · $25.00 thereof o£ t/~e e~timated con~trnction cost .................... Carports, canopies, pole buildings, and pavilions: Fi×~d rate ............... f. Mobile homes: In mobile homo parks ........... On private property ........ $25.00 g. Residential temporary certificates of eccupanuy & extensions .......... $25.00 Residential request for refund {administrative charge) i. Foundation po~r inspections ....... $~.00 (a)If concrete testing is required ~ecause cut-o~-specification concrete is utilized · $100.00 (additional} (b) Rein~pection when in~pecte~ is p~e~ent end the concrete has been ca,celled or delayed in e×~ess of one hour. . $100.00 (additional) (2) As an alternativ~ to the county's feundation pour inspection provide~ for in subsection (1) i. herein, the building official shall accept inspection reports from enqineers satisfying indopendeno~ qualifications and roliabillfy requirements pursuant to Section 110.6 of the Uniform 9tatewi4e ~uilding Code. (3) This ordinance shall b~come effective for all posits issued after January 13, 1993. ~ay$: Nr. Colbert. It w~ ~he g~n~ral consensns of the Board to adjourn at 12:40 a.m. until January 27, 1993 a~ 3:00 p.m. ~thur $. Chairman