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12-15-93 Minutes
Fir. Arthur S. Warren, Chairman Mr. Edward B. Barber~ Vies Ch~m. ~r. Whal~y M. Colbert Mr. Retry G, Daniel Mr. J. L. McKale, III ~r. Lane B. Ramsay County Administrator sta~£ in Attendance: Ms. Patsy Brown, Asst. Dir., Accounting Mr. Craig ~ryen~, Dir., Utilities ~s. T~rrl ~urgeaa, Interim InfsrmaUien Serviues Mr. N. E. Carmichael, Commissioner of Revenue A~st. CS. Admin.t · ntergevern. Affairs ~4r. William D. Dupler, Building Official Chief Robert L. ~ane$, Jr., Fire Department 5tv- zichael Golden, Dir., ~r. Bradford S. ~ammer, Deputy Co. Admin., Management Services County Ombudsman Dir., General Services Dir., Planning Mr. Leu Las~it~r, Dir~, Inksrnal Audit Dr. Burr LQW~, Dir., Mental Health/Retard, Mr. Rsber~ L. Masden, Deputy Do. A~min.~ Mr. R. John MeCracken~ Dir., Transportation Mr. Richard M. McElfish, bit., ~nv_ ~ngineexlng Mr. Gary R. McLa~e~, Dir., ~conomic Development Mr. ~teven L~ County Attorney col. J. E. Pittman, Jr., ~oli¢~ uegartment Deputy Co. Admin.~ Dir., Librariea Mr. Frederick Willis, Jr., Dir., Human Resource ~t. 93-821 IL I ~ _ L J I Mr. Warren called the regularly 3:10 l, APPROVAL OF MIN~TE~ l.A. OCTOBER 29-$0, 1993 On motion of Mr. Colbert, seconded by ~ir. McHale~ the Board approved the minu~ee of October 29-30, 199~, as amended. Vote: Unanimous On motion of Mr. colbert, seconded by Mr. McKale, the Board approved the minutem of November 23, 1993, a~ submitted. 2. ~OUNTY ADMINISTRATOR'S COM~SNTS Mr. Ramsey in~redueed ~. Jack Berry, Hanover county Manager and United W~y $0ver~ental Campaign Chairman. Mr. ~erry expressed appreciation, on behalf of united Way, to the Board of Snparviscrs and emDloyee~ of the County for the County's outstanding campaiqn in ruiuing over $75,000~ which is an increase of 18.8 peroent over las= year- Ke further ~tated the County had th~ highest average gift per employee in the entire region. Mr. Warren and ~. Ra~sey, ao~s~panle~ by ~r. Berry, presented Certificates of ~pprecietion recogni~in~ the largest total pledge for 1993 to the Fire Department, tba Nursing Home, t~e Police Department, and the Utilities Department and presented a Certificate of Appreciation recognizin~ the l~rgest total pledge increase fo~ 1993 te the ~ental ~ealth/M~ntal Retardation/Substance Abuse services Department. ~r. Ramscy and Mr. Warren expre~=ed appreciation t© ~taff for their involvement and accomplishment~ in this year'~ United Way Campaign. Mr. Ramsey stated the Budg~ and Audit committee reviewed the County's audit an~ m~t with the auditors to review the Comprehensive Annual ~in~neial statements for fiscal year ended ~une 90, 1993. He introduced MS. Pat~y Brown, A~ietant Directer of the AcCounting Dep~rtment. reflect~ ~oun~ financial manaqement policiem, property tax exceeded lOl percent of the amounts bl]led during FY93; that available ~nd Balanc~ increased approximately 22 percent and total Fund ~alanoe increased approximately 26 percent; and that due to the County refunding debt to take a~vantage of lower interest r~tes, reduced the ratio of debt ~ervice compared to total general qovernmen= e~anditures from 11-~ to 10.~ percent- ~h~ expressed appreciation to the Board County in a responsible and progressive ~a~er. ~r. R~sey then introduced Mr. Robert ~ooney of Coopers and Lybrand. 93-822 Mr. Mesney stated Coopers and Lybrand has completed t_heir audit for fiscal year ended June ~, 1993 and have rendered clear and unqualified opinion on th= County's Financial ~tatements. ER expressed appreciation to County sta£f for ~heir assistanoe in conducting the audit. Mr. Ramsay then i~t~0dueed Mr. James J. L. ~teg~sisr, Director of Budget and Management, and stated The Gewarnment Finance Officer~ A~sociation of the U.S. and Canada has recently notified the County of receiving the Award For Distinguished BUdget Presentation for fiscal year beginning July 1, 1993. ~e further stated ~n order to ~aeive this Award, a budget document must meet rigorous program and this is the County's tenth Consecutive award under the leadership of ~r- Stegmaier. He noted the County was one of approximately 300 localities, nationwide, to win this Award mud one of very few localities to receive it for tau consecutive year~. He expressed appreciation ts Mr. Step, ajar ~n~ ~t~ff for their efforts in obtaining the highest fo~ of recognition in governmental budgeting. ~. Warren expressed appreoiation~ on behalf of th~ Board, ~. ~t~gma~er ~Or his e~orts and conservative M~. St=~ai=r ~ressed appreciation to Mr. Ramsay and the Board fo~ th~ s~ppor~ given to ~t=ff in enabling the County to mak~ sound financial decisions. ~. Ramsay them introduced ~s. Suzan Craik of Service and ~%a=e~ Ms. Craik was recently selected a~ one of Excellence winner by the National Association of County Agricultural Agent~. ~e f~th~r stated th~ Award r~cognizes ~e~ waa~ ~ality education program in Oheste~field County. Ee congratulated her on this outstanding achievement. Ms. Craik e~ressed appreciation to the Board, her supe~isors~ and cc-workers for their support. Mr. Ramsay then introduced Ms. Kulla Winslow, business ~tated M~. Winslow was recently appointed by Governor Virginia ~conomic Developers Association. He further stated ~is ~o~rd will advise on how to attraut th= film industry the Co~onweulth and educutx Virginians on the advantages of increasing production 0pp0rtuni=ies ~%a=ewi~e. He noted Winslow is currently serving as the County's liaison %o th~ Virginia ~ilm office and ~ coordinating with the Film Office on the production of "Lassie" that i~ ~hooti~g on-location in the County. ~s. W~nslow ~tated ~he i$ C~rrently coordinating with the Virginia Film Office on the production o~ "~assie"; =ha= portion of the feature film wa~ filmed on-location in the County and %he Richmond area; that the Film o~ice i~ County can continue attracting film offices to the County a~ effort to i~prove ~ County's involvement in ~romoting economic developmen~ tourism, and th~ quality of life in Chesterfield County. Ms. winslow th~n ~xpr~ssed appreciation ~o County ~taff the Building InsDeotion, Fi~e, Police, and Co~unity Development Departments for their a~i~taD¢~ in ~ "Lassie" 93-823 12/15/93 Mr. Ramsay then introduced Battalion Chief David Barfield Of the County's Fire Deportment. Chief Bar£ield introdUCed Firefighter Roy Hamilton and ~tated ~ppington and pre~ente4 the house as a gift to the Board. Mr. Ramsay then introduced Chief Robert L. ~anes of the Fire Department. Chief Eanes introduced Captain ~ichael Pemnino who presented a brief overview of ee~l mine safety related to the number of abandoned mining sites. He rsview~ the remaining abandoned mining sites and future improvement projects. He then reviewed the completed pro~ects including repair of ~ mine shafts in the County and the improvement of ~11 known sites in the nort~er~ part of the county with the exception of the Grove Mina Shaft and tbs Black Heath Bond. He stated completion cf this p~oject makes a improvement in the area OZ safety for th~ County and expressed appreciation to the Division of Land Mine Reclamation who assisted in this Project. Zr- Ra~ey e~pressed appreciation to CaDhain Pennino and stated with his efforts, the County received the necessary funding to make ~afety improvements to the mines. Mr. Ramsay then ~tated at the October 23, 1993 Board meeting, the Board apDrove~ the testing of Police Department hands,/ns and for staff to present the methodology ~hich would be used to te~t the weapons. Ke reGognized Chief Pitt.~an who introduoed Mr. Letter W. Rown, Chief Engineer an~ General Manager of H. P. whi~a Laboratory, Incorporated. Mr. Row]~ briesly reviewed the testing methodology; police ~un standards of the National Institute of Justice; federal regula~ion~ rage:ding guns; there being no established ~tandards governing the gun industry; a~d the standards established by the National Institute of Justice for variou~ typ~ of 9ollce equipment including the 9mm and 45 caliber weapons. He then reviewed ~he te~t~ used to de,ermine th~ reliability of guns under the National Institute Of Justice Department standards. Discussion, eo~n~ants, and ~uestions ensued relative to Board action ta]~en at the October 23, 199~ ~eeting regarding the use of Police handguns; the tests deternining the reliability o~ th~ Police Department's weapons~ and wh~th~r the 10 weapon used by the Police Department performs equally as reliable or ~etter than a 9 ~uu weapon. ~. BO~.CO~L~ITTEE REPORT~ Mr. B~rbe~ ~tated he attended the Capital Region Airport Commission meeting; that he attended the Taxicab Advisory Service Merohandiee and TGI ~riday'~; that he held his "First Monday" constituents meeting on Deoember 6, 1993 Wit~ the ~epic of disoussion being legislative issues; that he attended the Midlothiun YORt~ SOOOe~ League annual meeting; that he e~tended an ~agle scout Court o~ Honer as w~ll as a Weeblo cerenony~ that he attended the joint Beard of Supervlsors/$ehool Board meeting on December 13, 199~; that he will b~ holding him next "First Monday'~ constituents meeting on January 3, 1993 with the tepid of discussion being wetcomin~ new citi~e~ to the County; and that he attended Mr. Danlel stated he attended the Metropolitan Economic Development Cou~oil (MEDe) ~eetinq. I : Mr. Barber excused himself from the meeting. ~tr. Daniel briefly r~viewed the MEDe meeting and, specif±cal!y, the proposed restructuring of the MEDC Board of Dire~tors. M~. MoHale stated ne and tho Director of Budget and Managemen~ presented a brief overview on preliminary budget information to the presid~nt~ and officers of various civic associations. Mr. Warren s=ated he is currsntly assisting ~ith organizing the 1994 Inter-City Visit, that the City of Cincinnati has been s~leoted, and briefly reviewed the reasons it was ~ml~ct~d. Mr. Barber returned to the meeting. Mr. Warren further stated the County hosted a successful "State of the Metro Area" dinner ~po~sored by the M~tropolitan L~agu~ of Women Voters, wi~h the topic o~ discussion being transportation i~ues e~ NOvember 30~ 1993; that he par~ieipate~ in the Jayeees' Christmas Parade on Deaembe~ &, 1993; that he attended the Central Virginia Coalition Legislative Reception on December ?~ 1993; that he and Mr. Barber attended a C"nief ~lect~d Officials meeting on Deo~be~ 10, 1993 and selected %he chairman for =he Regional Crime Ta~k Force; that he held his constituents meetlnq on Dsc~mber 6, 19~3 wi~h the topic of discussion being the Route 360 Corridor Study; that his next constltuent~ nesting will bs hsld January 3, 1993 with the topic cf discussion being protection of neighborhoods and dealing with crime in Wagstaff Circle Volunteer an~ Career Firaflqhters Awards Ceremony om December 14~ 1993. 4. REOUZSTS TO POSTPON~ k¢TION. ~M~RGENcY ADDITIONS, O~ CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Colbert, seconded by ~r. Barber, th~ Board moved Item 14.A., Resolution Recegnizin~ Captain Linweod Matthew~, Police Department, to immediately follow this item; deleted Item 7.c.17.a., Rsquest Sot Permission from Dougla~ R. Sowers for Portions of Three Foot Bridges to ~ncroach wi%bin TWO Existing Easement~; a~de~ Item Regional Support for University of Richmond Bid for NCAA Final Four $00eor ~ven= to follow !=em ?.c.21.o., Approval of Utilities Contract for Swift Creek Baptist Church; replaced I~em 7.C.11., Rsc/uest~ for Bingo/Raffle Permits; replaced Pages ~2 and 30 for Item 6.B., Consideration of Request R~lating to the Cutting of Trees; and added Item I.D., Adoption of R~olution ~efunding of Series 19S7 Certificates of Participation with $17,510,000 certifieate~ of Participation, Series ~993, =e follow Stem 14.A. and, adopted the agenda~ as amended. Vote: Unanimous MATTHEWS, POLICE DEPARTMENT Chief Pittman introduced Captain Linwood Matthews and stated Captain Matthews has ~rovi~ed 25 years c~ service to the C~asterfield County ~olic~ Department. Be further stated Tap=aim Matthews has brought recognition and honor to the Department and has served with pr~de~ d~di~ation, and oourage. He noted Captain Matthews has served as a volunteer m~mber cf the Pore~ View Rescue Squad for 29 years. 93-825 12/15/93 On ~oticn of the Board, the following ~escl~tio~ wa~ adopted: WHEREAS, Captain Linwond S. Matthews will retire from the Chesterfield County Police Department on December 31, 1993; and WEEREA$, captain Matthews has provided 25 years of quality service to the citizens cf Chesterfield County; and W~EREAS~ Captain Matthews has served Chesterfield with dedication, commitment, and coura~ in the capacity of Patrol officer, sergeant, Lieutsnant, and Captsin; and WHEREAS, Captain Ma:thews has directly impacted the ~afety Of th~ community by th~ implementation and coordination of the D.A.R.E. Program an~ various safety education and ~ri~ prevention programs during his the SUpport Services Unit with the Police Department; and WHEREAS, Captain Matthews has provide~ the Chesterfield County Police Department with many years of loyal and dedicated service; and W~R~AS, Captain Matthews ~a~ contributed 29 ynar~ ef volunteer service to the community thrQUgh the Forest View Rescue Squad, a~ well as assisting ot~er rescue squa~s, and as an associate of the virginia Association Of Volunteer ~o~cu~ Squads, has instructed in rescue teoBniques and competed in various rescue competitions; and WHERF2kS, Chesterfield County and the Doard of Supervisors will mis~ Captain Matthew~' diligent service. NO~, T~ER~OR~ BE IT P~SOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Captain Li~wood ~. Matthews and extends, on behalf of its Re, bars and the citizens of Chesterfield County, their appreciation for A/~D, BE IT FURT~ ~$0LV~D, that a copy of this resolution be pr¢~ented to Captain Matthews and that ~his resolution be permanently recorded ~mong the papers of this Board of Supervisors of Chaste~flald County, virginia. Vote: Unani~oum Mr. Warren presented the executed resol~tio~ and a Jefferson Cup to Captain Matthews, accompanied by members of him family, congratulated him on his outstanding service to the County, and wished him wall in his 7.D. ~DOPTION OF R~SOLUTION FO~ R~FUND~N~ BOND~ Prud~n=ial Securities, Incorporated is ~he successful at 4.19 percent and the arbitrage truc interest rate cost is 4.02 percent, one of =he lowes~ rates County's has realized. He further stated staff recommends adoption of the to effectuate the ~al~ and a~proval of the sale to ~cur~t~es~ Incorporated. When asked, he stated the will sa~e the County apprnxi~ataly $530,~00 over s~vente~n year life of the bonds~ averaging appro×in%ately 12/15/9~ On motion of Mr. Daniel, seconded by Mr. McHele~ the Boar8 adopted the following resolution: ~$0LUTION OF THE BOARD 0F $~IPERVISORS OF THE COUNTY OF UNESTERFtELD~ VIRGINIA~ APPROVING THE FO~4 AND THE T~R~S, CONDITIONS ~/~D PROVISIONS OF A GROUND LEASE, TO BE DATED AS OF DECE~ER 15, 1993, TO BE E~RED INT0 BY ~D BETWEEN THE C0~TY, AS LESSOR, ~D SIGNET ~ICI~ L~ECORP, I~C., LESSEE, PROVIDING FOR TEE LEASING BY THE SITES FOR A ~N S~VICES BUILDING, A DATA PROCESSING BUILDING ~D A COURTS BUILDING AND SUCH THE T~S, CONDITIONS AND PROVISIONS OF A R~L O~ DEC~DER 1~, 1999, TO BD ~TERED INTO BY ~D ESCROW AG~T, ~D AUTHORIZING TNE COUKTY EXE~TE ~D DELIVER SUCR E~CROW DEPOSIT AGREEMENT; T~$ACTION~ CO~E~TED AFOREMENTIONED GROUND LEASE, REAL PROPERTY ESCROW DEPOSIT AGREEMENT; AND MAKING CERTAIN FINDINGS AND DBT~L~INATIO~$ ~AS, th~ sourd u~ Sug~rvisors (the "Board") of th~ County of Chesterfield, Virginia (the "County") ha~ dstermined that ~t is advisable for the County to enter into a ~roumd Lease, to be dated a~ of December 15, 1995, by ~d between the County, a~ le~sor, and Signet Municipal ~easecorp, Inc. (hereinafter ~£ined as the "Corporation"), as lessee, providing for the leasing by the County to th~ Corporation 0£ the sit~ f~r a Human Service~ Building, a Data Processing Building and a Courts Building and such buildings now or hereafter existing thereon; and WKEREAS, the Board has ~termin~d tk=t it is advisable for the County to enter into a Real PrOperty/Lease Purchase betwe~ th~ Corporation, as lessor, and the County, as lmssmm, providing for the leasing by the Coun=y from the Co~/~oration cf a ~uman S~rvic~ Building, a Data 9recessing suilding end a courts ~uilding and the si%es therefor; and 93-827 12/15/93 WHeReAS, in accordanc~ with the budget adopted by the Board for the Fiscal year commencing on July 1, 19~3 and ending on June ~o, %994, there have been appropriated ~uf££ei~nt monies to provide for the payment Of the rental payments as required to ~e paid by the County under the Lease/Purchase Agreement; and W$I~R~A~, the Board has determined that it is advisable for the County to enter into s Trust Agreement (hereinafter ~e£ined as the "Tr~$t Agreement"), to be dated as of December 15~ 1993, by and among signet Trust company, ae Trustee (hereinafter defined as the "Trustful'), the Corporation and th~ County; and W~ERF~AS, ~he Board has determined that it is advisable for the County to snter int~ an ~scrow Deposit Agreenent to be dated as of December 15, 1999 by and between =he County and signet Trust CO~pany, as Escrow Agent, to provide for the refunding and defeasance of t~e outstanding portion of $23,370,000 aggregate principal amount of Certificates of p~rticipation, dated as of october 1, 1987~ issued under a Trust Agreement, dated as of september l, 1987, by and among the Co~nty, Signet Leasinq and Financial Corporation and ~ignet Trust Company~ as trustes; SUPERVISORS OF THE COUNTY OF C~STRRFIELD, VIRGINIA: "Corporation" shall mean signet ~unisipal Inc., a corporation orqanized and eximtin~ under and by virSue of the laws of th~ Stat~ of Maryland. "Escrow Acen~" shall mean ~ignet Trust Company, a t~ut subsidiary compuny organized under th~ laws of C~onw~al=h of virginia and havin~ it~ principal corporate trngt office in the City of Richmond, Virginia. "~scrow D~Dosi% A~reemenk" shall ~a~ the Escrow Deposit Agreement in the fo~ attached hereto as Exhibit D, to dated as of December 15, 1993, to b~ ~ntered into by and between the County and signet Trust Company, as Escruw Agent, to 9rovlde for tho refunding and defeasance of th~ outztandinq portion of the 1987 Certifica~e~. Lease/Purchase Agreement iB tBa fo~m attached hereto Exhibit B~ to bo dated as of Dec~ber 15, 1993, to be entered County, a~ !~ee, providing for the leasing of the Project to the "~987 C~tificates" shall mean the ~2~,370,000 principal amount of Certificates of Participation, 1987, ~ated October 1~ 19~7~ issued undsr a Trust Agreement, dated as of September 1, 1987, by and among the county, signet Lea~ing and Finanoial Corporation and Signet Trust Company, a~ "1993 Certificate~" shmll mean the Certificate~ of Participation, Series 1993~ dated December 15~ 1993~ to issued under th~ Tract "Predent" ehall have the meaning given to such term in Article I of the Lease/Purchase Agreement. "Trust Agreement" shall mean the Trust Agreement in the fo~m attached hereto as ExJ%ibit C, to be dated as of December 15, 1993, to be entered in~o by and among the Trustee, the Corporation and the County. I'Tru~tee" shall mean Signet Trust Company, a trust subsidiary company organized under the laws of the Commonwealth of Virginia and having its principal corporate SECTION 2. Findinds and Determinations, The Board hereby finds and determines that: (I) The leasing of the Project is preeently essential to the County and is a~ticipated to continue to be emeential to the County. (2) %~e representatlcns set forth in Section 2.1 cf the Lea~e/Pureha~e Agreement are true and correct un and as of the date cf adoption of this Re~olution. {3) The statements set ferth in section 3.4 0~ the Lease/P~rchase Agreement accurutely reflect the intention of to th~ qualification recited therein that the Board is not empowered to make any commitment beyond the current fiscal year of the County. (4) A Summary ~otice of Sale of the 19~ Certificates (the "Sugary Notice of Sale") wa~ published on December 7, 1993, in ~e Bond ~uyer, a financial journal published in the City of New York, New York~ and a Detailed ~otice of Sale of the 199~ Certificates, dated December 6, 1993 (the "Detailed Notice of Sale"I, an Official Proposal Form relating ~o the 199~ Certificates (the "0ffioial Proposal Form") and a Prelimina~ Offering Statement, dated December 6, 1993 relating to the Certificates (the "Preliminary offering Statement"), were prepared and distributed to prospective of Sale pFovided that sealed proposals for the purchase of the County, at Room 402, 4th Floor, Chesterfield County A~mini$~ra%ion ~uil~ing, ~901 Lori Road, C~es~erfield, Virginia 23232, until 11:00 A.M., Eastern Standard Time, on Wednesday, December 15, 1993, at which t~ and place all sealed proposals would be publicly opened. (6) Pursuant %o the D~tailed Notice of ~ale, four (4) proposals for the purchase of the 1993 Cert~ficatm~ we~ received, each accompanie~ by a certified or bank treasurer's or ca~hler~ ~ood faith check payable tm the order of the County of Chesterfield, Virginia, in the amount Qf $173,400, Or in li~u thereof a Surety Bond as provided in th~ Detailed Notice of Sale. {7) The names uf the bidduru aubmieting each such propomal and Th~ true interest mm~t tm the County r~ulting from much proposal are as follows: Name of Bidder Prudential securities, Inc. Craiqie Incorporated Merrill Lyne~ & CO. Wheat First Securities 4.19885% 4.364766% 4.5~36% (8] After due consideration of all such proposals, the Board has determined that (i) Prudential ~ecurities, Inc. (the "Purchaser") i~ a responsible bidder; (ii) of the "PrOposal"] is the proposal to purchase the 1995 Certificates at the lowest true interest cost to the County, determined in accordance with the previsions of the Detailed Notice of ' Sale~ and {iii) the Proposal is the best p~aDosal received, is in accordance with t~e De,ailed Notice of Sale and should be accepted. (9) Th~ Doerd ha~ detsrmlned that the Proposal, Deing a Droposal ts purahase the Certificates at ~ true interest cost o~ 4.19b~%, plus accrued interest from the data af the 1993 Certificates to %he date of delivery thereof by the Trustee and payment therefor by the pur~ha~er~ with the 1993 Certificates to bear interest at the rates per ~DD~ specified in the Proposal, shall be accepted and the 1993 Certificates shall be awarded to the Purchaser. (lc) The Connty Administrator is ~ereby authorized to confir~ the final principal amounts of the 1993 Certificatem in acserdance with the provisions uf t~e De,ailed No~iee of Sale. (11) The details of the 1993 Certificates shull be as set forth in the Detailed Notice of Sale, the Preliminary O~fering Statemen: and the ~roposal of the Purchaser accepted pursuant to Section 2(i} of this Resolution. The 1993 C~rtlficates shall De in the form set forth a~ Exhibit A to the Trust Agreement and shall b~a~ interest at th~ rate~ sst forth in t~e Proposal o~ %he Purchaser. SECTION ~. ADproy_~l of the Form of tb~ Ground Leas.~ and the Terms, ..~pndition~ and ~rovisions Thereof; Authorig~tien and Direction of =x~cution and Deliverv of the Ground L~age. The form of the Ground Lease presented to and filed with the minutes of the meeting of the Board at Which this Resolution is being adopted, a copy of the form of Which is attached hereto as Exhibi~ A, and the terms, conditions and 'provisions thereof~ ~re hereby approved, ratified and confirmed, and, subject to the holding of thc public hearing required by Sec%ion 1~.1-26i.1 of ~he Co~e of Virginia, 1950, as amended, the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute Lease/Purchase Aureement. The form of tho Lea$~/~urchame meetinq e~ the Board at which this Resolution is being adopted, a copy of the fs~ o~ which is attached hereto as Exhibit B, and the terms, conditions and provisions thereof (including in particular the Ba~e Payments required to be paid under section 3.3(a) thereof as the same shall be set forth in Exhibit B t~erete and the other rental payments requi~ed to ba paid under such section 3.~(a)) are hereby Deputy County Administrator is hereby authorized and ~ireGted to execute and deliver to the Corporation the Lease/Purchase be approved by the County Administrator or Deputy County 93-830 12/15/9S Administrator executing the same upon the advice of counsel to the County, ~uch approval to be conclusively evidenced by SECTION 5. ApDrovaI of tbs FOk~m of the Trust A~eeme~t and ~he Terms. Condltlons and Provisions Thereof~ Execution and Delivery of the Trust A~raem~nt: APPrOVal Of AD~ointment of Trustee. (a) The form of the Trust Agreement presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a uepy of the form cf which is attached hereto as Exhibit C, and the ~erms, conditions and provisions theras£, ars hereby approved, ratified and eonfi~ned, and, subject to th~ execution and delivery hy the County of the Ground Lease in accordance with Section 3, the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver the Trust Agreement to the Trustee and the Cor~oration~ together with such changes as shall be approved by the County Administrator or Deputy County Administrator executin~ the same upon the advice of counsel to the County, such approval to b~ conci~ively evld~n=ed by his ewacution thereof. (b) The Board hereby approves the appointment of Signet Trust Company as Trustee under ~he Trust Agreemen=. S~CTIO~ 6. Ap~roval o~ the Form of %he Escrow Deco. it A~eemunt and the Terms. Conditions and ~r~yislons Thereof: Execution and Delivery ef the Escrow Deposit Acreement: AmDroval of AnDoint~en~.~ E~crow Agent. £orm o~ th~ Escrow Deposit Aqreement presented to and filed with the minutes of the meeting of the Board at which thi~ Resolution is being adopted, a copy of the form of which attached hereto a= ~xhibit D, and th~ terms, conditions and provisions thereof, are hereby a~proved, ratified and confi~ed, and, subject to the execution and delivery by the County Administrator or any Deputy County A~mini~trator is ~mcrow Deposit Agreement to the Escrow Agent, together with ~uoh chan~s as ~hall be approved by the County Administrator or D~puty C~u~ty Administrator executing th~ ~ame upon the conclusively evidenced by hi~ (b) Th~ Boar4 hereby ~pproves the appointment u~ Signet (c) The County Administrator and any Deputy County the County, subscriptions £or Unitod S~atas Treasury ~scrow Qepusit Agreement) to bs purchased by the Escrow Agent from moneys depesited in the 199~ ~cro~ Deposit Fund created United ~tates Treasury Obligations State and Local Substitute Government Securities so purchased shall b~ held by the Escrow A~ent under and in accordance with the redemption on December 15, 1996 Of the ou=standing 1987 including December 1~, ~OOl, all a~ contemplated by and provided for in the Escrow D~po~it Agreement. 93-831 12/15/93 SECTION 7. Offerin~ Statement; Certificates Con~ernino Offering ~tatement; Ra~,ification of Actions Taken With Respect to %uDmar¥ Not~p.s of Sale. Detailed Notice Sale. official proposal Form and prelimlnarv Of~e~ine Statement. The delivery to the Purchaser of an O~fering Statement, dated December 15, ~993, relating to the 1993 CertiSicates, in ~ubstantiully the form of the Preliminary offering Statement presented to the m~ting of the Board at which this Resoluticp is being adopted (the "offering St~tement")~ after the same has been completed by the insertion of the maturities, int~r~&t ratem and other details of th~ 1~9~ Certificates and by making such other in~rtlons, changes or corrections as the County Administrator, based on the advice of the county's finanoial advisors and l~gal counsel (insluding Bond Counsel), deem~ necessary or appropr~ate~ is hereby approved; and the Bsar~ hereby approves the use hy t~e Purchaser of the Offering statement and the information contained therein in connection with the sale of the 1993 Certificates. The Preliminary Offering Statement is "deemed final" for purposes of Rule promulgated by the Securities and Exchange co~izsion pursuant to th~ Securitie~ ~xchange Act of 1934. T~e County Administrator and the Director oS Accounting and the County Attorney are hereby authorized and directed to execute on behalf of the County and deliver to the Purchaser csrtiflcates in s~bstantially the fok~s referred to in the Offering Statement under the caption "CERTIFICATES CONC~P~NING OFFERING STATeMeNT". The Doard ratifie~ the actions ta]~en w~th respect fo the preparation and publication cf the Summary Notice cf ~ale and th~ preparation and distribution of the Detailed Notice of Sale~ the o~icia! Proposal Form and the Preliminary off~rlng Statement, all in the forms presented to and filud w±t~ the minutes of the meeting of the Board a= which this Resolution is being adopted. SECTION ~. Tax Covenant. The County covenants amd agrees to comply with the Drovi$ion~ of Sections 103 as~ 150 of the Internal Revenue code of I986 and the applicable Treasury Regulations promulgated thereunder throughout the ter~ of the 1993 certificatem. SECTION 9. Further Action Of the Board and of t~e Officials and EmuloV~es of the County. The me~nbers of the Board and the officials ~nd employees of the County are hereby authorized and d£ructed to take any amd ali suoh furthe~ action as upon advice of oounmel to the County they shall ds~m necessary or desirable in order to carry out~ effect to end consummate the transactions contemplated by ~his Kesolution and by th~ terms Of the Ground Leame~ the Deposit Agreement mnd by any of the documents referred to herein er therein or approve~ he~eDy or ~hereby including the re£~ndlng and defeasance ~f th~ 1987 Certificates and the termination of the transactions entered into in connection with the issuance of th~ 19~7 Certificates, SECTION 10. Repeal of Confllcti~ Resolutions. All resolutions, or portion~ ~-hereof, heretofore adopted by Board which are in conflict or inconsistent with thlg Resolution ar= hereby repealed ~o ~he extent cf inconsistency. SECTION il, Effectiveness ~f Resolution. Th~ Resolution shall be effective from and after its adoption. -I 5. WORK SESSIONS There were ~o Work sessions scheduled &f this time. 6. DEFERRED ITEMS $,~, TO CONSIDER ADOPTION 0F AN ORDINk~O~ TO A~END THE CODE ANENDINGA~D REENAOTING SECTIONS 21-67,1 ~tND BY ADDING ~ NE~ SECTION 21.~-24~.~ REL~TIN~ ~0 8ALE OF ALCOHOLIC ~I~'V~.AG~S EEAR SCHOOLE Mr. Micas ~a~ed the Board held a public hearin~ on November 10, 199] to con~ider an ordinance relating to the ~ale of alcoholic beverages within 500 feet of schools. Ha further stated after public comment, the Board closed ~hs public ~ea~ing and ~equested a revision to the ordinance which would grandfather all existing b~sincsses and exls~ing land within 500 feet of County school~. ~e ~eviewed each of the three if any version of the ordinane~ is adopted, the Board aliminat~ th~ requirement that all bnsinesmes who apply ~or Alcoholic Beveraqe Cont~o1 (ABC) licenses also transmit that Mr. Colbert stated he doe~ not f~el versien one of the ordlnanea rs~lects th~ intent of the motion he mad~ at the being required to obtain a conditional use permit to sell alcohol on-premise within 509 feet of a County sohoul. He intended it to be for existing schools. There wa~ brief discussion relative to the in=ant of =he one of the ordinance. ~r. Daniel requested staff to draft an amended ordinance to grandfather existing businesses and land ~ut require a beverages for on-premise oomsumption within 500 feet of futura new County public ~chools and to bring the ordinance afternoon ~ession of the age, da. On motion of Mr. Colbert, seconded by ~r. Daniel, the Board ~e~erred consideration of adoption of an ordinance to a~end the Code of the County of Chesterfield, 1975, as amended, by amending and reenacting Section~ 21-67.1 and by adding a new Section 21.1-243.2 relating to sale of alcoholic beverages Pursuant to Section 2.1-344(a)(1), Code of virginia, 1950, as Amended, Relating to the Performance of a Specific Appointee of the Beard. Unanimous CONSTDERATIO~ O~ LEGISLATIVE REOUEST RELATI~ TO THE CUTTING OF TREES Mr. Micas stared Consideration of a legislative request relating to the cutting of tr~e~ wa~ deferred from the Novembe~ 23, 1993 Board meeting to allow participation by Mr. Warren as he was absent from the legislative ~ecticn of the 93-833 12/15/93 m~et±ng. He further stated existing local and State law exempts ti~borlng activity from StAte ~ores%r~ regulation and the request would amend State law to allow the County's lo, at environmental onginse~ to apply erosion and sediment control obligations %o the cutting of timber for development activity. Discussion, comments, and questions en~uad relativ~ to timbering as it applies to the subdivision or site plan process; the regulation applying when the property is zoned oe~xmercial ~at~er than after submittal of a mite plan; the =urr~nt County proGem~ for timbering operations; and limiting Board authority to regulate timbering only at mite or subdlvi~ioD plan stage. Mr. Warren stated he would like the request to include limiting Boa~d authority =~ rmgulate ~imberiDg only at site plan stage. Mr. Mo~ale stated he f~@ls the ismue is not clearly defined and the industry and homeowners should have an oppor~ity to provide input. Me requested the Board to consider delayin9 the request until next year and address the erosion control ~r. Warren clarified if this issue is adopted by ~he General Assembly, the Board will be required to hold a public hearing to consider adoption of an ordinance. ~e stated he feels the issue deal~ with a specific item and he su~orts the request. There w~ brief discussion relative to the request permitting localities to environmentally protect the removal of tree~ mt sib~ plan or subdivimion approval stage and tho request ~sing initiated to prevent land ~tripping. On motion of Mr. Warren, seconded by Mr. colbert, the Board included ~he following legislative request in its 1994 Legislative Program: 26. A~end Section 10.1-560 of tho Code of Virginia, the state grosion and Sediment Control Law, to permit localities to environmentally Dro=eot the removal of trees et ~its plan o~ subdivision stage (except for disease eradication) when it is Dart of real estate development. Vote: Unanimous (It is noted a copy of the ruvised %994 L~gislative P~ogram is filed with the papers of thio Board.) RESOURCES BO~D ICDI~ On motion of Mr. Colbert, seconded by 1~_~. Barber, the Doard suspended its rules at this time to allow simultaneous nomination/appointment cf a member to ~erve on the Chesterfield/Colonial Heights CO~ity Correotion~ Board Vote: Unanimous 93-834 on motion of Mr. Warren, s~conded by Mr- Colbert, the Board simultaneously nominated/appointed Major Garland Stafford, representing the County at-large, to serve on The Chester£iel~/Coloniai ~eight~ community Corrections Resources Board (CDT), whose term will be effective January ~, I994 and Vo~: Onun~mous On motion of ~. Mc~ale, seeon~e~ by F~. Barber, the Board suspended it~ rul~ at this time to allow simultaneous ncminatlon/a~ointment o~ members to serve on the Community ~ervice~ Board. Vote: Unanimous On motion of Mr. McBale, seconded by Mr. Barber, tho Board simultaneously nominatsd/appoin=ed Dr. Caroly~ S, Cockrell~ r=prescnting Bermuda District, and ~r. ~rneet ~. Johnson, re~resenbing ~idlothisn District, to serve on the Community Services Board, whose terms will be ~ffectiv~ San~ary 1, 1914 On motion of Nr. Daniel, seconded by Mr. MoHalk, the Board Foundation. Vote: Unanimou~ suspended it~ rul~ at this time to allow simultaneous nom~natlon/appoint~ent of a me~be~ ~o serve on the ~ersonnel Vote: Unanimous ~im~lta~eo~ly ~o~i~ated/appointed M~- Diane Rebert~ to serve Vote: Unanimous ........ L ............ L ................... / ., i ........ J I 6.Oo~. SOLID WABT~ ADVISORY COMMITTEE on ~otion of Mr. McHale, seconded by Mr. Barber, th~ Board suspended its rules et thi~ time to allow simultaneous nomination~rauppOintment of ~smbers to serve on the golld Waste Advisory committee. vote: Unanimous on motion of Mr. HCHale, seconded by Sir. Barber, the Board simultaneously nominated/reappointed the following members to serve on the Solid Wast~ Advisory Cum~itt~e~ whose t~rms will be effective January 1, 1994 and ek~ire December 31~ 1994: FLr. ~ill Barthlow Hr. Hugh C. Hawthorne Ma. Jill Quinley Vote: Unanimous On motion of Mr. Colbert, deferred consideration District, to ssrve on un~il ~anuary 12~ 1994. Vote; Unonimous Distric~ Clov~r Hill Clover Hill ~idlcthian s~cond~ by Mr. Barbe~, the Hoa~d of members, representing Dale the Solid Waste Advisory Committee 7. NEW BUSINESS Mr. ~icas stated %he County Cod~ incorporates all driving in floss going to the County treasury rather than the State. He further ~tat~d a r~c%nt ]udicial decision detarminsd the incorporate the hroade~ penalties for drunk driving end, basi~, a revision to the existing County Coda which would all driving violatlona into the County Cod~ and adopted the Chesterfield County: (1) That Section 14.1-1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted read as follows: See. 14.1-1. AdoPtiOn of state law. Pursuant to the authority of sections 1-13.39:2 and 46.2-1~13 of the Code of Virginia, 1950, as amended, all of the provisionm and requirements of the laws of the state contalse~ in title 46.2 end erticle 2 of chapter 7 of title 15.2 and article 9 of chapter 11 of title 16.1 of the Code of Virginia, as in force on July It 1992 and as mey he amended from time to tim~ by the General Assembly, except those provisions and requirements the violation of which constitutes a felony, and except those previsions and requirements which by their very nature can have no application to or within the county, are hereby adeptsd and incorporated in this chapter by reference and mede eDplioable within the county. The foll0wing articles of Title 46.2 of the Code of Virginia are specificelly excluded from 5ach adoption and incorporation: ArtiCle 2 of ChaR~er 2; Article~ 6~ 13~ 14~ 15t 16t 17t 18 and t9 ef Chapter 3; A~ticles 4 and 5 cf ChaRter 6; Articles 2 and 23 of Chapter Z0; and Chapter 14. References to "highways of the state" contained in the provision~ and requirements hereby adepted an~ incsrporat=d shall be deemed to refer to the streets, hlghway~ and other public ways within the ceunty. Such provisions and requirements are hereby adopted, mutatis mutandi~, and made a part of this chaR~er as fully ae though sst forth at length herein, and it shall be unlewful for any per,on, within ceunty, te violate er fa{l, neglect or refuse to cemply with any provision of title 46.~, article ~ of chapter 7 of title 18,2 or article S of chapter 11 of title 16.1 ef the Code of Virginie which i~ a~opt~d by this ~ectlcn, and the penalty imposed for the violatien of any provision er requirement hereby adopted shall be the same penalty imposed ~or s similar offense under title 46.~, article 2 of chapter 7 of title 18.2 er article 9 of chaRtur 1I of title 16.1 cf the Cede of Virginia. (2} This ordinance shall become effective immediately upen adoption. ?.B, STRB~TLIGHT INSTALLATION COST A~ROV~LS On motion of Mr. McHale, seconded by Mr. Colbert~ the Board aRRrUVad the following strestli~ht installation cest approvals: Bermuda District * Intersection Of Sandy Oak Road and Steney Creek ~arkway Cost to install light: $334.00_ * Intsrssctiom of Dode~ead Street and Railread Street No cost to install light. Intersection of Stanwix Lane and Strathcona Road Cest to upgrade and in¢OrRerate light into the County system: $350.00. (Due to ~afety concerns] * ~win~ford Road, vicinity of 2811, on ~xlnting pole ~o COSt to install light. * Drewrys Bluff Road, opposite 2644, on existing pole No co~t to install light. 93-~37 Matoaea District * Cul-de-sac of Candlelamp Lane, between 981~ and 9816 Cost to install light: And, further, the Board deferred :he fol~owin~ etrmetlight installation cost approva!~, in Bermuda District, until J~ne ~ North cul-de-sac of Tralrwiok Drive ~ Intersection of Bermuda Avenue end Traywick Drive Vote: Unanimou~ ?.~. CONSENT ITEMS Mr. Micas disclosed to the Board that his children are members of the Poseidon Swim Club, declared a potential conflict of interest pnrsuant to the virginia comprehensive Conflict ef Interest Ac~ fur Item ?.C.II., Requests for Bingo/Raffle Permits, and excused himself from the meeting. W~R~AS, Mr. Moore has provided over eighteen y%ars of wa~ transferred to the new garage facility on ~rause Road in ·une, 197~ to organize and supervi~ the mchool bus body mhop until his retirement~ and standards with the addition of only one s~aff ~mb~r; and auto~ot~ve re~air will be sorely missed by the supervisors County Board of supervisors publicly recogniz~ Mr. Donald L. Chesterfield County their appreciation for his ssrvioe to the County. AND, BE IT FURTHER RESOLVED, that e copy of this resolution be presented to Mr. Moore and that this reselutien be permanently recorded amon~ the paper& of the Board of supervisors e£ Chesterfield County, virginia. Vote: Unanimous RECOGNIZING M~. W. U. ~'BILL" ATKINSON, iCI FILMS On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the foltowln9 resolution: WHEREAS, MW, W. J. "Bill" Atkinso~ announced his ~etirement effective December 31, 1993 from ICI Films where he served as Director of MELI~EX Operations since April t95B; and WH~As, ~uring his tenure at the Chesterfield site, Mr. Atkin~on ha~ been the champion of many inibiati~es to improve the competitiveness of the U.S. Films businesz~ which includes the successful MELINEX Manufacturing Strategy, safety programs, and quality programs a~ the Ches:erfield plant; and WI{EREAS, Mr. Atklnsen has demonstrated l~adersh~p, sensitivity, and oo~u~itment to issues within his community by ~erv~ng on the Education Committee of th~ Virginia Manufacturers Association; by being an active participant, ho~t, end contributor to the County'~ Existing Industry Proqram; by spearheadlnq the co~itment to environmental NOW, TH~EPORE BE IT ~SOLVED, that the Chesterfield County Board of Supervisors does hereby express its gratitude and admiration toward Mr. W. J. "Bill" A~inson fo~ his ~e~ice to ICI Films and to Chesterfield county. ~D, ~ IT F~T~R RESOLVED, that a cody of this Atkin~on. Vote: Unanimous On ~ution of ~r. ~¢Hale, seconde~ by M~. Barber, the Board adopted the following resolution: WEEREAS, Mr. J. Ruffin Apper$o~ served the citizens of Chesterfield County as a me,her of thc Board of Supervisors from 1~63 to 1979 representing the Dale District; and WHEREAS, Mr. Apperson was a member of the ~oar~ of Supervisor~ which ~stablished the Chesterfield County Public Library System in 1965; and WEEREAS, Kr. ApDerson's ~adicaticn to the community has been exhibited by his ~vioe on numerous boards and ccmmi~nien$ including serving as chairman o~ the Richmond Regional Planning District Commission; Chairman of the Social Services welfare Beard; and as a founding ~irectsr of ~he Central Virginia M~alth Systems Agency; and WI~XR~AS, Mr. Apperson played a major role in thm establishment of the Lucy Corr Nursinq Home; and 93-839 12/15/93 chaired the Board of Supervisors' Fire Commission which recommended paid pr:fe~ional firafighters and assisted in ~{EREAM, Mr~ App~rson has been an active charter member of the Dale Ruritan Club; an active supporter of the Bey Scouts of America, Robert ~. Lee Council, ~ervin~ as Shawondassee Districf Chairman within the Manchester Dis=riot; an active supporter of th~ American Legion, Post 137, f~om Which he received its citizenship Award; and in 1976 served a= National Hietoriun for the American Legion. Meadowdal~ ~ranch Library in honor of Mr. J. Ruffin Appermon. 7.C.2. ~DOPTION o~ ~BSOLUTION TO ¢J~NC~L EXISTING ~T~ B, GENE~L%L OBLIGATION. SCHOOL BOND; ISSUAN~ O~ NEW RBFUI~DING SERIES 1994A G~NEP2%L OBLIG~TIO~ BOND: ACCEPT~/~ OF ~ $2S~,9S~ L~HP S~M C~SH PAY~ENT~ AND AUTHORIZATION OF ~OUNTY OPPISIALS TO EXECUTE CL0~ZN~ On motion n~ Mr. McHale, seconded by Mr. 5arber, th~ Board adopted the following ~emolutioo: RESOLUTION AUTHORIZING T~E ISSUANCE OF $14,75Q~000 GENEP~L O~LiGA~IOK SCHOOL BOND, REFUNDING SERIES 1994 A OF THE OOUNTY OF Wq{ER~A$, the ~oard of Supervisors (the "Board") Of the County of C~esterfield~ virginia (the "county") has raoeive~ a written offer dated 0ctob~r 29, 5993 from the Virginia Public Sshool Authority (lhe "Authority") to exchange certain outstanding general obligation school bond= of the County held by the Authority for (1) an aggregate li~e principal amount of non-callable bonds of the ~ame tenor and (ii) a rsfunding bond in e~chanpe for an aggregate lik~ principal lump sum payment ~0 b~ made, hy the Aunhor~ty; l. Authorization of t~e Re~undin~ Bond. The Board hereby determines that it is advisable to issue its refunding bond in the amount cf $14,750,000 (~he "Refunding Bond") for the purpose of refunding an aggregate like principal a~ount of outstanding general obligation school bonds of the County the principal terms of which are set forth in E~hibit A (the 12/15/93 "Refunded Bonds"). The issuance of the Refunding Bond in exchange for the Refunded Bonds and a lump sum cash payment upon the to~me eetablishad pursuant to thio Remolution hereby authorized. 2. Details of the Bonds. The Refunding Bond shall have the principal provisions sat forth in, and shall be issued as a mingle, typewritten bond substantially in the for~ attached hereto asr ~xhibit C. On twenty (20] days written no:ica from the Authority, the CounZy shall deliver, at its expense, the Refunding Bond in marketable form in denominations of $5,000 and whole multiplee thereof, as requested by tile Authority, in exchange for the typewritten Refunding Bond. 3. Pavmen~L_P.~z~n~ Anent and Bond Registrar. The following provisions shall apply to the Refunding Bond: owner of the Refunding Bond, all pa~rment~ of principal of, made in i~mediataly available funds to the Authority at, or before 11:00 a.m. on the applicable In,ernst Payment Date, Principal Payment Date o~ date fi~ed fm~ prepayment or redemRtion, if applicable, ~r if such date is no~ a business day for virginia banks ok fur th= Commonwealth of Virginia, t~en at or before ll:OO a.m. on %he business day n~xt preceding such Iht=rest Payment Date, Principu% Payment Date er date £i~od for prepayment o~ redemption, if applicable. Cb) All owerdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Refunding Bond. Cs) Central Fidelity Bank, Rimhmond, Virginia, designated as Bond Registrar and Paying Agent for the Refunding Bond. 4. Exesution of the Bonds. The Chairman or Vice- Chairman and the Clerk or any Deputy Clerk cf the Board are authorized and directed to execute and deliver the Refunding Bond in the principal amount of $1~,7~0~000 and to affix th~ seal of the County thereto. 5. Pledge of Full Faith and Credit. For the prompt payment of the principal of and interest on the Refunding ~ond authorisud by this Resolution as the same ~hall b=come ~U~, the full faith and credit of tea County are hereby irrevocably pledg=d, und each year while the Refunding Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem ta~ upon all taxable property in the County subject to local taxation in amount to provide for the payment of the principal of and the interest on the Refunding Bond as ouch principal and interest shall become due, which tax shall be without limitation as te rata or amount and in a~dition to all other taxe~ authurlzsd to be levied in the County to the extant other funds of the County are not lawfully available and appropriated for such purpose. 6, Tax Covenant. The County covenants to take all action, and to refrain from taking any action, necessary ensnre that interest o~ the Refunding Bond will remain excludable from gross income for Federal income tax to the same extent as it is ~xcludabl~ on the date of thereof. 7. Certificate. T~e appropriate officers and agents of the County are h0reby authorized and directed tc execute 93-841 12/15/93 and deliver the Certificate eubmtantially in the form attached ~ereto as Exhibit D, including the Form 8. Exchange of the BoDds. ~t is determined bo be in the best interests cf the County to issue the Refunding Bond to the Authority in exchange for tko Refunded Bonds and ~e lump sum cash payment set forth in E~d%ibit B. The appropriate officers cf the County are hereby authorized and directed to ~xchange the Refunding Bond with the Authority for the Refmnded 5ends and the lump sum oa~h payment, The Boar~ hereby ~etermin~n that it is in the best inter=etS of the County to authorize and direct the Coun=y Treasurer to participate in the Stat~ Non-Arbitrage Program in connection ~ith the expenditure of the land sum cash payment. 9. Certification and P~lin~. The Clerk of %he ~card is ~ereby authorized and directed te file a certified copy of this Resolution with the circuit Court of the County. 10. Furthe~ Action~. Each Supervisor and ell other officers, employees and agents of the County are muthorized to take ~uch action as they or any one of them may consider necessary or desirable in connection with the issuance and exchange of the Refunding Bend for the Refunded Bonds and lump sum ea~h payment and =e accept and comply with the terms of the offer of the Authority. 1I, ~ff~ctive ~ate. This Resolution shall take effect immediately. And, further, the Aoard appropriated the $288,933 l~p payment to the Reserve for ~chool Capital projects and corresponding amount to be transferred from the R~serve for School Capital prej~ct~ to a r~nerv~ for future debt mervic~ Vote: Unanimous 7.C.3. ADOPTION OP REEOLUTION STATING TH~. BOI~RD OF shortfall in State revenues for the upcoming biennium; and to be reduced by $~4.4 million; and eliminate funding of i%~ ~har~ of fringe benefits for Ccnstita~ional Offieer~, which would result ~n a lo~s of W~RR~AS, the State Compensation Board has in past years share of the costs of the budgets rom t~e Constitutional o~ficer~ te a~dre~s prior State budget shortfalls; and WHEREAS, the State Cempen~atlon ~ear4 ha~, i~ an effort to reduce the impact of its reduced fundinq, indicated that it will be proposing to the General Assembly a fee for civil process for Ceneral District court and circuit Court caeem, a fee which has ~een proposed in the past by other entities and has yet to be approvs~ by the Gsneral Assembly and, therefore~ appears to he a wasted effort. NOW, TKBREFORE BE IT RESOLVED, by the 5card of Superv~serm of chesterfield county, virginia that it does hereby express it~ opponitie~ to a current proposal by ihs State Compensation Beard to addrems its share ef Gevernor Wild~r~ ant&¢ipat~d $500 million shortfall by reducing fund~n~ of the Ccnnty's Constitutional Officer~. AND, BE IT PURTHER RESOLVED, that the Board does hereby call upon the State Compensation Board, the Governor, and the General Assembly to add~ State shertfall~ of raven~e in a forthright manner and to be epen and honest with the citizens Of the commonwealth and not to addres~ this issue by passing along its revenue shortfalls to local ~overnment so as to may that it did not increase taxes. ~/~D, B~ IT PtTRTHER RESOLVED, that a copy of this resolution be sent to the State Compensation Board, the ~onorable Douglas L. Wilder~ and the County's representatives in th~ General Assembly. Vote: Unanimous On motion of ~r. ~e~ale, asconde~ by Mr. Barber, the Board appropriated, subject to approval by granting authority, ~n a~ount not to e~csed $z50,~0, for aonstru~ion of turn lane improvsmant~ to Wa~b~o Ro~d and for a 1,200 foot long entrants road to the Warbre Road A~hte~ic complex. vote: Unanimous On mo~ion o~ ~r. ~cHale~ seconded by Mr. Barber, the Board adapted the following remolutlon: W~R~A~, the Warbro Road Athletic Co~plex is owned and i~ to be develope~ by the County of Chesterfield a~ recreational fa=ility serving th~ r~id~nts of chesterfield county and adjoining counties; and WHERBAS~ the ~acility i~ i~ ~eed of aduquat~ access; and WHEREAB~ the right-of-way of th~ proposed access is provided by the County 0£ ches~srfisld at no cost to the State; and Wq{EP~AS, the preceders governing the allocation of Code of Virqinia 1966, as amended, require~ joint autlun by %he Dire¢tor of conservation and Historic Resuurces and the Highway and Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director amd Beard approves the use cf ~uch funds the construction of a~c~ roads to ~ublioly-owned recreational arabs; and Wl{ERF~AS~ thm Beard of Snpe~visors of Chesterfield County has duly adop~sd a zoning erdinance pursuant to Article (section 15.1-486 et seq.), Chapter 11~ Title 15.1; and WHEREAS, it appears to the Board that all requirements of the law have been met to permit ~he Director of Conservation and His%eric Resources to designate Warbro Road Athletic Complex aa a recreational facility and further permit the Virginia Eighway and Transportation Board to provide funds for aocese to this public recreation area accordance with Section 33-136.3, Code of virginia 19~, amonde~; and W~R~AS, t~e Board a~know~dg~ that pursuant ~o the prouisio~ of Section 33.1-233, as amende~, this road Shall be designated a "virginia Byway" and recommends the ~t~te Migbway ~nd Transportation Board, in cooperation with Direotor of Con~ervatlcn and Historic Re~Qurae~ take the appropriate action to implement this designation. Further~ the Board agrees, that in keeping with the intent of ZectioN 3~.1-~3, to u~e it= good ~ffice to reasonably protect the aesthetic or cultural value of t~i~ road. NOW, THEREFORE SE IT RESOLVED, =hat the Hoard of Supervisors cf Chesterfield County hereby requestm the Director of Conservation and Historic Resources to designate the Warbro Road Athletic Comple~ a~ a public recreation area and to r~co~end to the state Hiphway and Transportation Board that recreational access fuBd~ be allocated for an access road to ~erve said athletic complex. AND, BE tT FURTHER RESOLVED, that the Virginia Highway 8nd Transportation Board is hereby requested to allocate the ~cessary recreational access f~ds to provide a =ui~able access road as hereinbefore described. ~.C.~. ~PPR0~RIATION OF F~'ND~ FOR REDESigN OF THE 1-95~ WALTH~LL ~TERCHANGB 0~ ~otion of Mr. MoHale, senonded by Mr. ~arbsr, the ~oard appropriated funds, in th~ amount of $50,~00, fre~ the Industrial Access Road Account for t~e preparation of a preliminary reconstruction plan for the 1-95/walthall Interchange and authorized t~e County Administrator to enter into agreements with the Virginia D~partment of T~an~portaticn (VDOT) or private consultants for the d=slgn. (It is notmd a copy of %he vicinity sketch i~ filed with the papers of this Board,) 7.~.~. TI%A~BFER OF FUNDS FOK d0N~TR~dTION 0P TURN. L~/~EE adopted the foilowing resolution: W~EREAS, citiz~n~ have requested the Board of Lane/Route 10 intersection; and County Board cf Supervisors requests tho virginia Departm~n~ of Tr~nsportatioD {VDOT) to transfer $65,000 from previously appropriated Ceunty/VDOT matching funds (revenue sharing) for the Centr~ Street Ext~sXon Project to the Bermuda Orchard Lane/Route 10 Turn Lane Project. --! AND, BE IT FURTHER RESOLVED, that the Board of Supervisors requests VDQT to i~ediately proceed with the construction of these turn lanes. Vote: Unanimous (It is noted a copy of the vioiDity ~k=%¢h is filed with the papers of this Board.) 7.C.7. APPROVAL OF AN ~ENDNENT TO THE QUALITY ALERT INSTITUTE ~ONT~ACT FOR FY94 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved an amendment to the Quality Alert Institute Contract in the amount of $~0,000 fo~ F¥94. ~2~NAGEKENT AUTHORITY FO~ EXPiKNSION OF THE C~RBSIDE On motion of Mr. Mc~al~, secun~e~ by Mr. Barber, the Board proj~c~ agree~n~ with the Central Virginia Waste Management Authority (C~¢MA) for expansion of the County's Curbside ~ecycling Pro,ram. (It is noted on Au~us~ 25, 1993, %he Board authorized expansion of the Curbside Recycling Program Services Division. Funding for FY95 will be addressed is the authority to execute the necessary special project agreement with C%54~LA for the April 15, 1994 expansion.) 7-~,~, REFER TO PL~NNIN~ QO~ISSION CONSIDERATION OF DESIGNATING CERTAIN CATEGORIES O~ S~ECIAL EXCEPTION U~E~ AS eO~ITIONAL USE~ On motion of Mr. McHale, seconded by M~. Barber, th= Board referred to the Planning Commission, for ~heir review and rec0~mendation, considsrstion of designating certain categorle~ of ~pecial ~XCPp%ion u~e~ a~ conditional usam. ?.C.10.~, TO CONSIDER AN ORDINANCE TO ~ND THE ~0DE OF TH~ COUNTy OF ~HE~TBR~IELD. 19~S0 AS ~ENDEDo BY AMENDING 1%ND REENAC~IN~ ~ECTiON 14.1-~7. i~ELATING TO RESTRICTION ON ~EEPING INOPERATIVE MOTOR VE~CL~S: AND RBHOVA~ OP SUCH %-E~ICLRS On motion of Mr. McHale, seconded by Mr. Barber, ~he Board ~et the date of January 12~ 1994 at ?:00 p~m. for a public hearing to oon~ider an ordinance to amend the Code of the Cett~Dy of ~hesterfield! 1978~ a~ &~e~ded, by amending and r~na~tlng ~ction 1~.1-27.1 relating to r~st=icti~n ~n keeping inoperative motor vehicle; and re, oval of ~uch vehicl~. Vo~s: Unanimous 93-845 12~1~/93 [ ?.C.10.b. TO CONSIDER ~HB PROHIBiTiON OF TBROU~W TRUCK set the date of January 12, 1994 ab 7:00 ~.m. for a public hearing Co oo~sidor tbs prohibition of through ~ruek or truck add trailer or semi-trailer combination except pickup or panel trucks fro~ ~sing Wadsworth Drive, from 0.24 mile ~outh of Midlethian Turnpike to Rsdbridge Road; S=otti~qham Drive, from Wadsworth Drive to Providence ~oad; and Redbrldge Roa~, from Ar¢h Kca~ to Wadsworth Drive. Vote: Unanimous On motion cf Mr. McHale, seconded by ~r. Barber, the set ~he dat~ of ~anuary 1~, 1994 at 7:0~ p.m. for a public hearin~ to c~n~ider a lease of a Darcel in the Airport Industrial Park %o C. K. Richmond Business Services L.P. construotion of ~n approved industrial pad on said paroel- On motion of Mr. McHale, seconded by Mr. Barber, t~e Board s~t tho date o~ January 12, 1994 a~ 7:Q0 p-m- for a public hearing tc consider the Zonin~ Conversion P~o~ect and r~lated ~onimg Ordinance amendments. 7.C.li. REQUE~TE FOR BINGO/RAFFLE On motion of Mr. MoHalk, ~conded by Mr. B&~b~, th~ Board aDproved the following bfngo/rsffle permits: La Societe Des Bingc/Ra££1a 1994 Cavalier Athletic Club, Bingo ~994 Poseidon Swimming, Binqo/Raffle 1994 InoorDorated Knights of columbus, ~ingo/Raffle A1 ~artraw Jr., chapter Disabled Ameriman Veteran~ Brande~mill Lions Club Bingo 1994 Bingo 1994 93-846 St. Augastlna Roman Catholic Church ~otre Da~e Club of Richmond Thomas Dale Band Boosters Beach Community Grange #95~ Midlothian Rotary Club, Incorporated Mid-cities civic Association, Incorporated Manchester-Richmond Chapter ~1078 Women of the Moose Vote; Unanimous Binge 1994 Raffle 1994 Raffle 1994 Bingo 1994 Raffle 1994 Bin~o/Raffl~ Raffle 1994 ?.C.~2. STREET NAME CHANCES FOR TWO SECTIONS OF OLD HORRIN~ Kopkins Road, south of Kingsland Creek (Section Two) to "~o~kins ~surt." Vote: Unanimous 7.~.2~. STATE ROAD This day the County ~nvironmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of D~n~urant Drive and Jodie Terrace in Finchley~ Section F, Clover Kill District. Upon consideration whereof, and on motion of Mr. McRale~ seconded by Mr. Barber, it i~ r~olv~d that BoDdurant ~riv~ and Jodie Terrace in Finohley~ Section P~ Clever Kill District, b~ and they hereby ar~ establlsh~d as public roads. A~d be it further resolved, that the Virginia Department of Transportation, be and it hereby is requeste~ to take into th~ Secondary System, Scndurant Drive extends .14 miles from t~e sod Of Rout~ ~567 to ~Be cul-de-sac. JoUle Terrace e~ends .~9 mi]es from th~ intersection of Bondursnt Drive to the oul-de- Thie request is ioclumive of the adjacent slops, sight distance, clear zone and designated Virginia Department of Transportation drainage e~sements. These roads serve 20 lots. And be it farther resolved, that the Board of guarantees to the Virginia Department of Transportation an ~nrestricted right-of-way of 60' with necessary easements for c~ts, fills and drainage for Bundurant Drive and a 50' right- of-way for Jodie Te~ace. Thi~ ~eotion of Finehley is ~ecorded as f~llows: Completed plat of Finchley. Section F. Plat Book ~1~ 28, ADrll 27, 1988. Vote: Unanimeus 93-847 12/15/93 with diroeti~n~ from this Board, made report in ~rriting upon his examination of Carters way Road and carters way Place in carters Mill, Section 2, ~atoaca District. Upon consideration whereof, and cn motion of Mr. M~ale, and carters way Place in carters Mill, Section 2, Ma, casa Dxstrict, be and they hereby a~e eztablished as public roads. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is =~que~ted to take into Place extends .08 niles from the intersection of Car,ars Way Road to the cul-de-sac. Thi~ request is inclusive of the adjacent slope, ~ight distance, clear zone and designated Virginia Department of Thi~ day the county Environmental Engineer, in accordance with directions from this Board, m~de report in writing upon his examination of Prince ~hilfp Lane, Prince Phili~ Court, Prince Philip Place, Sylvan Ridge Ro~d and Princess Mary Road in windsor Par~, section 1~ ~etoa~a District. Upon consideration whereof, and on motion of Mr. Mc~ale, secsnded by Mr. sarber, it is resolve~ that Prince Philip Lane, Prince Philip Court, Prince Philip Place; Sylvan Ridge Road and Prince~ Mary ~o~d in windsor Park, ~ection ~atoaca District, be and they hereby are e~tabl~had as public raad~. And be it ~urther remoleed, that the virginia Department of Transportation, be and it hereby i~ ~equezted to take into t~e secondary system, prince Philip ~ane extends .~ miles from th~ int~r~ction of Route 659 to the cul-de-sac. Prince Philip court ex, ends .~0 miles from the intersection of Prince Philip Lane to the cul-de-sac. Prince Philip Place eM, ends .OS miles from the intersection of Prinse Philip Lane ~o tbs cul-de-sac. ~ylvan Ridge Rood extends .12 ~iles fro~ t~e intersection of Prince Philip Lane =n the cul-de-sac. Princess Mary Road exten~s .3§ miles from the west Cul-de-sac to the east cul-de- sac. T~is rogues, is inclusive of the adjacent ~lope, eight distance, clear zone and designated Virginia Department of Transportation drainage easements. These roads serve 53 lots. Amd be it further resolved, that the Board of Supervisors ~u~ran~ees to the Virginia Oepartment of Tranmportatlon mn unrestricted right-of-way of 50' with necessary easeme~t~ for cuts, falls and drainage for all of these roads except Prince ~2/15/93 Philip Lane which hem a variable width riqht-of-way of 90~. This section of Windsor Park is recorded as follows: ~ection l. Plat ~ook 68, Pages 65, 66, 67, & Thi~ day %he County Environmental Engineer, in accordance with dirsc%iong from this Board, mad~ report in writin~ upon his examination of Leafield Drive and Royenwood Road in Rosomont, Section A, Midlothian District. Upon consideration whereof, and on motion of Mr. McMale, ~eoonded by Mr. Barber, it is resolved that Leafield Drive and Royenwood Road in Rosemont, Section A, Midlo~hian District, ba and they hereby are established as publia road~. And be it further resolved~ that ~he Virginia Department of Transportation, be and it hereby is requested to take into the Secondary gygte~, Leafield Drive extends .~S miles from the intersection of Routs 7%~ to th~ dead end of Section A. Royanwood Road ¢×tcnds .0~ miles from the intersection of ~his request is inclusive of the adjacent slope, s~ght distance, clear zone and designated Virginia D~par%ment of TranspcrBa~ion ~rainage easements. And be i~ further resolve~, %hat the Board of Supervisors g~arantees to the Virginia Department of Transportation an unrestricted right-of-way of 50' with necessary easements for cuts, fills and drainage for Royenwood Road and a variable width right-of-way of 50' - 80' for Leafield Drive. This section of Rosemont is recorded ae follow~: Vote: Unanimous This day the county Environmental gngineer, in aocordanoe with direetio~ from this Beard, made report in writing upon his examination of Lea£iald Drive, Ayl~sferd Drive, Aylesford Court, Whitecastle Drive and Broughton Road in Section B, ~i~lo~hien District. Upon consideration whereof, and on ~otion of Mr~ Mc~ale, seconded by Mr. Barber, i~ is resolved that Lsafield brive, Aylesford DriYe~ Ayleefnrd Court, Whitec~stle Drive and Broughton Road in Ro~emont, Section B, ~idlothisn District, be and they hereby are established as public rcad~. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is requested ~o ~ake into the Secondary Syste~, Leafield Drive e~tebds .29 miles from the odd of L~a£ie14 Drive of Section A to the cul-de-sac. Ayleefard Drive extends .11 miles from the intersection of ~eafield Drive ~c the cul-de-sac. Aylesfsrd Court ~xtend~ .03 miles from th~ inter,action of Ayle~fcrd Drive to eel-de-sas. Whi%eoastle Drive extends .30 miles from the intersection of Leafield Drive to th~ cul-de-na¢. Srongh~sn Rea~ extends .84 ~iles from the intersection of Whitecastle Drive to th~ dead 93~49 12/15/93 This request is inclusive of the adjacent slope, sight distance, clear zone and designated Virginia Department of Transpertaticn drainage easements. Ths~ roads serve 40 gnarant~es to the virginia Department cf T~an~portetion an unrestricted right-of-way of ~o' with necessary easements for C~tg, fills and drainage for all of these road~ Aylesford Court which has a 40' right-aZ-way. This section of Res~J~ent is recorded as follow~: S~ction B. Plat Book 73, Pages 30 & 31, September 7, 1990. Vote: Unanimous This day the County Environmental ~ngineer, in accordance with direction~ from thi~ Board, made report in %rritin~ upon his examinatinn of walton Lake Drive, Johanna Bey Drive, Johanna ~y Court, Walton Creek Drive, Hal~ Moon Bay Co~rt~ French Creek Trail~ Troon Bay Drive, Waterlily Court, Lechmere Circle and Triton Springs Drive in Walton Lake, Section A, Midlo~hian District. Upon consideration whereof~ and on mutlun cf Mr. seconded by Mr- Barber, it is resolved that Walton Lake Drive, Johanna Bay Drive, Johanns Bay Court, Walton Creek Drive, Half Moon Bay Court, French Creek Trail, Troon Bay Drive, Waterlily Court! Lechmere Circle and Triton Springs Drive in Walton Lake~ MeetioD k, Midlothian District, be and they h~reby are established as public roads. And be it further reselvsd~ that the Virginia Department Transports=ion, be and it hereby is requested to take into the Secondary System, Walton Lake Driv~ extends .~9 miles Bay Drive extends .15 ~il~ from the intersection of Walton Lake Drive te the cul-de-sac. Johanna Bay Court extends miles from th~ intersection of Walton Lake Drive to the cul- de-sac. Wattnn Creek Drive extend~ .07 miles frQm the north dead end to th~ ~outh dead end. Half Mo~n Bay Court extends .03 mile~ from the interseetiQn of Juhauna ~ay Drive to the cul-de-sac. French Creek Trail extends .05 miles from the intersection of Johanna Bay Drive ~o the cul-de-sac. Troo~ Bay Drive extends .18 miles to the intersection of Walton Creek Drive to the col-de-mac. Waterlily Court extends miles from the intersection of Trson Bay Drive to the cul-de- ~ac. Loshmere Cirole extend~ .04 mile~ from ~he intersection of ricoh Bay Drive to the cul-de-sac. Triton Springs Driv~ extends .05 miles from the intersection cf Walton Lake Drive to th~ dead end. This request is inclusive of the adjacent slope, might distance, clear zone and designated Virginia Department of Transportation ~rainag~ eam~m~nts. These roads serve 69 And be it further resolved, that the ~card of Supgrvisorm guaranteez to the virginia Department of Tranmpcrtatlon an unreetriote~ right-of-way of DO' with necessary eamemen=~ for cuts, fills and drainage for ell of these reeds except Walton Lake Drive which has a variable width right-of-way of $0 This section of Walton Lake ia rocordod as follows: Section A. Plat Book 6S, Pagos ~6 & S7, September 27, 1989. Vote: Unanimous This day th~ County Environmental Engineer, in accordanc~ with directions from this Board, made report in writing upon his examination of Walton Creek Drive, Whi~perlake Court and Clearwater Drive in Walton Lake, Section B, Midlnthian District. Upon consideration whoreof, and on motion of Mr. seconded by M~. Barber, it is resolved that Walton Creek Drive, Whloperlako Court and Clearwater Drive in Walton Lake, Section B, Nidlothian District, be and they her=by are established as public roads. And bo it further resolved, that tho Viruini~ Separtmont Transportation, be and it hereby is requested to take into from the interjection of Route ~750 to the end of Section B. extends .07 miles from the intersection of Walton Creek Drive This request is inclu$ive of the adjacent slope, sight distanee~ clear zone and designated Virginia Department of Transportation drainage easements. And be it further resolved, that tho Board of supervisors unrestricted right-of-way of 50~ with necessary easements for cut~, fills and drainage for ell of these road~ except Walton Croe~ Drive whic~h has a voriable width right-of-way of 50 V,~.14. AUTHORIZATION FO~ COUNTY ADMINISTRATOR TO AOOEPT BEST ~ANA~F2(ENT PRACTI~E/~ASEHENT ACREEME~T$ ON BEHALF OF THE COUNTY On motion of Mr. McHale, seconded by Mr. Barber, the Board b~ha~ of the County. vote: Unanimous On ~stion of ~r. MoHale, seconded by Mr. Barber, the Board $~3,61~, for work at the new Utilities building. (It is ~ot~d f~ds a~e available in the project contingency.) 7.C.16. AKE~D~BNT TO MINUTBS OF SEPT~M~$R 8. 1993 Be'motion of M~. MeHale~ seconded by Mr- Barber~ the Board a~ended the minutes of September 8, 1993 as follows: PROM: "On motion of Mr. McHale, seconOed by ~r. Culber~ the Doard adopted the following ordinance: AI~ ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA~ ('~RANTQE") vacates tu su~L~IGH W. REIBSAM~N and KAR~N M. REIBSAMEN, ("GRANTEE"), a portion o£ a 16' drainage easeDent within Cedar Run Subdi¥isio~, Bermuda Magisterial District, Chesterfield County, Virgini~ as ~hown on a plat thereof dul~ recorded in the Clerk's Office of the Circuit Cour~ of Chesterfield County in Plat Book 64, gag= 55. ~qIEREAS, B. ~. Reibsamen, petitioned the Board Supervisors of C~eeterfield County, Virginia to vacate par%ion of a 16' drainage ~asement within Cedar Run Subdivision, Bermuda Magisterial Dis~riot, Chesterfield County, Virginia mc~e particularly sho~rn on a plat of reCOrd in the Clerk'm Office of the Circuit Court of ~aid County in Plat Book ~4, Page 5~, by J. ~. Timmons & Associates, Inc., dated M~y 2, 1988. The portion of easemen~ petitioned =o be vacated is more fully ~e~crib,d as follows: A portion cf a 16' dralna~e easement within Cedar Run S~bdivi~ion, the location of which is more £ully shown, on a plat made by J. K. Timmous & Associates~ P-C., dated July 6, 199~, a copy of which ia attached hereto and made a part of this Ordinance. W~EREAS~ no,ice has been given pursuant to Section 15.1- 431 of the Code of Virginia, 1958, as amended, by advertising; and, WHEREJ%$, no public necessity exists for the continuance o~ the portion of easement sought to be vacated. That pursuant to Section 15.1-4al(b) of the Code of be and is hereby vacated. Thiz Ordinance shall be in full force and effect in aooordanoe with ~octlon 1~.!-482(b) oS the Code of Virginia, together with the plat attache~ hereto shall be recorded no amended- ~89 i~ to de~trey the force and effect of the recording of the portion of the plat vacated. Thi~ Ordinance ~hall vest fee simple title of the portion of easement hereby vacated ~n in the owners of Lot 22 within Ceda~ Rtt~ Subdivisios~ fr~e cod clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as gran~or and Burleigh W. REIBSAMEN and F~REN M. RETBSAME~, or their 'successors in title, as g~antee, Vote: U~ani~eu~" TO; "On motion of Mr. McHale~ seconded by Mr. C~lbert, ~he Board adopted the following ordinance: AN ORDINANC~ whereby the COQNT~ 0P CHESTERFIELD, VIRGINIA, ("GRANTOR'~) vacates to SUNTRACE, INC., A Virginia Corporation, ('~P~SJ~TEE"), a portion of a 16' drainage easement w~thln Cedar Run Subdivision, Bermuda Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorde~ in the Clerk'~ office of the Circuit Court of Chesterfield County WHEREAS, B. W. Reibsamen, petitioned the Board of s~pgrvi~or~ cf Ch~Et~rfi~ld County, Virginia to vacat~ a portion of a 16' drainage easement within Cedar Run subdivision, ~ermu~a Magisterial bi~trict~ Chesterfield COUnty, Virginia more particularly ~how~ on a plat of record in the Clark~s office of ~he circuit Court of maid County in Plat Book 64~ Page 53, by J. K. Timmonm & Asmociatem~ Inc., da~ed Hay 2, 195~. The portion of masement petitioned to be vacated is more fully described us follows: A portion of a 16' drainage easement within Cadet Run Subdivision, the location of which i~ more fully ~hown, on a plat made by J. Timmons & Associate~, P.C., dated July 1999, a copy of which im attached hereto and made a part cf this Ordinance. W~EP~AS~ notice ham been ~iven pursuant to Section 15.1- 4~1 of ~he Code of Virginia, 19~0, a~ amended, by advertising; and, W~BMEA$, ~O p~blie ~e¢~ity exi~t~ for the continuance o~ the portion cf easement sought to be vacated. MOW T~R~FO~, S~ IT OR~AIN~D BY T~ ~OARD OF SUPERVISORS OF CEESTERFIELD COUNTY, VIRGINIA: ~at pursuant to Section 15.1-48~(b) of the Code of virsinia, 1950, as amended, the aforesaid ~urtion ~f easement be and is hereby vacated. This Ordinance shall be in full force and effect in asoerdanse with Section 15.1-482(b) of the Cede of virginia, l~s8, a~ amended, and a certified copy of this Ordinance, together with the plat attached hereto shall ba ressrded nc sooner than thirty days hereafter in the Clerk*s Office of the Circuit Court of Chesterfield County~ Virginia pursuant to Section 1~.1-48~ of the Code of Virginia, 19~0, as amended. The effect of this ordinance pursuant to section 4s3 is to destroy the force and effect of the recording t~e portion of the plat vacated. This ordinance shall vest fee eimple title cf the portion o~ easement hereby vacated in the property owner of the portion of easement hereby vacated in ~e owners of Lot 22 within Cedar Run Subdivision, frae and clear of any rights of public use, Accordingly, t~i~ Ordinance shall ha ~n~exed in the na~es of the County of Chesterfield as grantor and S~NTRACE, INC., A Virginia Corporation, or tkeir ~uccessors in title, grantee. Vote: Unanimoum ROAD On motion of Mr. ~cRale, ssconded by ~r. Barber, th~ Board approved a request from Nr. a~d ~trs. Rlchard M. Miller to extend a private two inch water service to their existing house at $425 Belmont Road as their well is not adequate, subject to the e×ecutisn of a license agreement. (It is noted a copy of the vicinity sketch and a copy of the agreement is filed with the papers of this Board.) Vote: Unanimous deletion cf access road construction to the Odor Control Facility. ~,..C.19. AW~A~D OF WATER CONTACT TO ~. L. HOWARD CONSTRUCTION OF THE J~R~KE ROAD M~IN RROJECT On motion of Mr. McHala, seconded by Mr. Darber~ the Board awarded a water contract to C. ~. ~oward, in the amount cf $1~81,271~ for denstruction of the Jahnke Road Trmnsmlsslcn Main (Contract Number 900~$~) and a~thor~zed the County Administrator to execute the neos~sary documents. (It is noted funds for construction are ap9rQpriate~ in th~ current capital Improvement Program and a co~ of th~ vicinity map is filed with the papers of thi= Board.) WOODS/WSSTDURY O~FSlTB ?~NK ~EWER On motion of ~r. McHale, succndud by ~r. ~arber, the Dsard approved a wastewater contract fo~ Saint Ja~es Woods/Westb~ry Offsite Trunk Sewer, Contract Number which project includ~ the ~xtcn~iOn Of 1,855 L.F.+- of oversized (10 inet through 18 inch) wastewater lines and authorize~ the County kdministrutor to execute any ~eoe~ary Developer= Contractor: Coastline Contractors, Inc. 93-~54 I I contract Amount: Estimated Total Total ~stlmated County Cost: Wastewatsr - Oversizing Wastewater - Offsite (Refund th~u Connections) Estimated Developer Cost: (OYer~izing) (0f£site) District: Dale Vote: Unanimous 98,626.70 11,2G8.05 13,948.69 71~469.96 7.¢.21. ~PpROVA5 OF UTILITIES CO~T~AOTB On ~o~ion of Mr. ~cHale, seconded by Mr. Barter, ~ Board approved a utilitie~ contract for Bayhill Point~, S~ction 1, Contrac~ Numar 91-D079~ as follow~ which pro~ect Consists of ~00 L.F.+- of lg inch off~ite water lines and au=horized Co~tract ~ount: E~ti~atud Total $~,l~.15 Wate~ - 0ffsitu $ 7,497.50 (Refund thru connection~) Estimated Developer Coat: $17,7~7.65 Code: (0ffsite) 5B-S72VO-E4D approved a utilities contract for Saint Michael's Episcopal 258 L.F. +- of 6 inch sewer lataral~ (additional work) and 8~thoriz~d th~ County Administrator to execute any necessary Total Eetlmate~ County Cost: Wastewater - (Additional - Refund $ ~,951.00 Wastewater - (Offsite - Camh Refund) $ 9,950-~0 Estimated Developer Cost: $76,~81~60 Code: (Additional Work) 5N-57~VO-E4C (Offsits Work) 5N-$72V©-E4D DisCric~: Midlothian Vote: Unanimous ?.~.~l.e. SWIFT ~EER BAPTIST CHURCH On motion of Mr. McHale, seconded by Mr. Barber, the Board a~roved a utilities centract for swift Creek Baptist Church, Contract Number 90-8497, as follows, which project consist~ of ~04 L.F.+- of $ inch offsite we~tewater lines and 16 L.F. of 5 inch sewer lateral end authorized ~e County Administrator to execute any necessary documents: 93-855 12115/93 ; !! I ................. L ...... ! L ................. !, Developer: Contract Amount: ~stim~ted Total Total Estimated County Cost: Wa~tewater - Additional Work Wastewater - Offsite Work (ReZun~ thru connections) Estimated Developer Cost: Code: (Addi:icnel and Offsite) District: Clover Sill Vote: Unanimous swift Creek Baptist Church Neal Barno~ Construction Company - $36~9D3.41 - $ 1~4.00 - $ ~,646.36 - $34.113.05 7.C.~. REGIONAL SUPPORT FOR UI~IVERSIT¥ OF RI~O~D Bib ~OR on motion o~ Mr. KcHale, seconded by Mr. Barber~ the Board approved a request for regional support for the University of Richmond's bid for NCAA Final Four Soccer Event by guaranteeing $19,220 in the event that ticket sales do not go beyond the commitments being made by NCAA and the Richmond Sports Backers. Vote: Unanimous Mr. Micas ~eturn~d to the m~etlng. Kr. Ramsey ~tate~ Mr- Caubl~ ha~ contacted staff and requests withdrawal of hi~ request to address the Board. 9. REPORTS On motion of Mr. Dan~el~ seconded by Mr. MoKale, the ~oard accepted the following reports: Mr. Ram~ey presented the Board with a report on th~ developer water and ~ewer contracts executed by th~ County A~ministrator- G~neral Fund Balance; Reserve ~or Future capital Proj~¢t~; District Road and Street Light Funds; Lease Pu~cha~ee~ and the Christmas Mother Program Space Report. Vote: Unanimous Mr, Ramsey introduced Ms. Shirley ~ud~on, 1993 Christmas ~o%h~r, who briefly updated the Board on the christmas Mother Proqram' and its space needs. She stated :hey would lik~ a multi-functional building constructed at the Fairqrounds for use for their Program and other orqanlza~ions. Mr. Ram~sy stated the r~quest for tho proposed multi- functional building is being considered in the Capital I~preve~ent Program. · 0o EXECU~IV~ SESSION P~RSUA~P~ ~O SRCTIO~ R.~-~44{~) {~)r CO~ O~ V~RGZN~ 19S0, ~ ~E~DED. ~L~T~N~ ~O T~E P~RFORFJ~NCS OPA SPECIFIC APPOiNTeE OF THE BOARD On motion of Nr, M~Hute, seconded by MC, Barber, the Board went into Executive Session pursuant to Section 2.!- 344(A) (1), Cod~ of Viruinia. 1B50, as umundud, relating to the per~o%~a~ce of a specific appointee of the Board. vote: Unanimous Reconvening: on motion of Mr. McBale, seconded by Mr. Barber, the Board adopted thm following resolution: into Executive Sea,ion in accordance with a formal vote of Virginia Freedo~ of Information Act; and WI~ERBAS, the Virginia Frued~ of Information Act eIsective July 1, 1989 pxovide~ for certification t~et ~u¢~ Executive Hemsion was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED~ the Board of Supervisors does hereby certify that to the best of each member's knowledget i} only public business matters lawfully ~xempted from open meeting requirements under the Freedo~ of which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed, or considered by the Board. Ns member dissents f~om this certification. The Board being polled, the vote was as follows: Hr. ~cMale : Aye. Mr. Daniel : Aye. Hr. Colbe~t: Aye. ~r. Barber : Aye. Mr. Warren : Aye. CF TNB COUNTY OF C~RSTER~IELD, 1~78, ~S ~MBNDBD~ EY BEVERAGES NEAR S~HOOL8 Mr. Micas briefly reviewed the modified version one of the ordinance relating to the sale of alcoholic beverages near ~chools which would grandfather all existing businesses and ~xieting land within ~00 feet e£ County schools and require a ocnditienal us~ permit to ~ell alcoholic beverage~ for on- built in the future. Mr. Cctbert made a motion, seconded by Mr. Daniel, for the Board %0 adept version eno oZ an ordinance ~0 amend the code of the County of Chesterfield, 1978, as a~ended, by amending and reenacting sections 21-67.1 and ~y adding a new section ~i.1-245.~ relating to mal~ of alcoholic bev~rag~ n~ar ~chool~. 93-857 12/15/93 Er. McEal~ stated he feels adoption of this ordinance is net taking any affirmative action, but only sending a mamsage without any method to measure whether the ordinsnce would reducs underage youth drinking alcohol. He noted it will co~ ~he county appro×imately $10,000 a year to administer ~he ordinance. He referenced police statistic~ of various facilities located in the County and stated the Board should ta~e an affirmative action in addressing underage drinking and, therefore, offered a substitute me~on for the ~oard to direct s~aff ~o establish a drug and alcohol assistance program~ through its Youth services Dopartmen~ allooa~ ~he funds it would cost tc administer the proposed ordinance to the program, and for staff to include private individuals and businesse~ in the es~ablishment of the program. Mr. Barber ~scended the substitute motion. Mr. Daniel stated he could support such a progra~ as a separate requent, however, he doe~ not support t~e ~ub~titute motion in lieu of the original motion. He further stated he could support e~tabliahing a d~ug and alcohol asmistance program in addition to adopting =he proposed ordinance. ~r- Warren concurred with Mr. Daniel. Ho ~tated he feels adoption of the proposed ordinance and establishment of a He ~urther stated items ~aling with zoning or planning involves a certain eozt and indicated he dues not feel the $1O,QQO cast to admiPi~ter the ordinance has been formally identified at t~is time as the true oo~ to administer the proposed ordinance. Mr. McHale clarified staff identified the $10,000 cost during their presentation of the proposed ordinance. Mr. Barber stated he supports the ~ub~titute motion as h~ dce~ not feel the modified version one of th~ proposed ordinance addresses the problem of underage dr~nklng. He further stated he feels the substitute motion is tho correct approach in d~aling with youth and alcohol. Mr. Warren then called for the uot~ on the substitute motion made by Mr. McHale, seconded by Mr. Barber, for the Board to dirsct staff to establish a drug and alcohol assistance program, through its Youth Services Department, allocate the funds it would cost to administer the proposed ordinance to the program, and for staff tc include private individuals and businesses in tho establishment of the program- adoption of the proposed ordinance and ~ubmitted into the and, therefore, the cost would ~e adjusted accordingly. Mr. scaale stated he could not support the motion, but in deference to Mr. Colbert efforts, he would abstain a~ he does not ~eel the motion re~lsots an affirmative action, amended ordinance. Mr. colbert concurred. Mr. Warren then called for =he vote, cn tho mo%ion made by ~he £ollowing ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMeNDiNG AND REENACTING SECTIONS ~1-~7.1 ~D BY ADDING TO SALE OF ALCOHOLIC BEVERAGES NEh-q SCHOOLS BE IT ORDAINED by the 5card of Supervisors of CHesterfield County that: (1) ~hat Division 11.1 of the Cede cf the County of Che~terfieldj 1978, a~ a~nd~d, i~ a~ded ~o read follows: DIVISIO~ 11.1. SALE OF ALCOHOLIC B~E~GES N~ SCHOOLS. (2) That Section 21-67.1 of the Code of the County of ~e~terfield, 1978, a~ a~e~d~d, is amended and reenacted to read a~ follows: ~e contrary, a oonditional u~* permit ~hall be ~equired for beverages~ as d~fined in ~ 4.1-100, Code of Virginia, for on- i~ owned o~ operated by the county and which i~ built license a~plicatio~, the director of planning, or his akcoholio ~av~raqes for on-premise ~onsumption and whether it is located within 500 linear feet of a school which is owned or opsrat~d by %he county. If the director of ~lanning or his d~ignee cannot d~t~r~ne with a reasonable degree of ~rt~inty wh~th~r the ~ommeroial es~aDlishment is located more thaD ~00 linear fee% from a school which is owned or operate~ Dy ~he county, the plannin~ director ~hall require, ~nd ~e co~ercial e~tabli~nt shall provide, Gertification from a registered ~urv~yo~ confi~ing the ~chool. If the co~rcial establishment fails to provide the e~tablis~me~t is within 500 linear feet of a school which owned or opera~ed by :he county. (o) NO celestial establishment which hol~s a valid alcoholic b~vera~e licans~ from the Virginia Alcohol Beverage Control Board at the time a school which is owned or by the county locat~ withi~ 500 linear feet of th~ =o~mrc~al e~ta~Sis~nt ~hall become a non-conforming u~ or be required to obtain a conditional us~ permit solely by virtue of th~ lo~ation Df ~uch ~hool, SO long a~ such lioen~e r~m~ins in fo=c~, i~ reissued as provided by law ur i~ ~uch e~tablishment i~ ~old to a new ewner, a valid lic~n~ is issued ~* the new owner and such license remains in force or is reissued as provided by law. (d) Th~ di~tanc6s prescribed in thi~ ~ection ~hall be measured by extending a straight llne from ~he nearest property line of the e~tabli~hm~nt ~elling alcoholic (3) That Section 21.1-~4~.~ o~ the Code of t~e County of Chesterfield, 1978, as a~ended, is added to read as follows: 93-$59 12/15/93 Sec- 21_1-243~2. Use limitations: sale of alcoholic beveraues near schools. (a) Notwithe=anding any provisions in this chapter to ~ke contrary, a conditional use permit shall be required for all ~om~er~ial establishments Basking to sell alcoholic beverages, as defined in ~ 4,1-100, Code of virginia, for on- premise consumption, within 500 linear feet of a sc~hocl whlc~ is o%r~ed or operated by tko county and which is built after December 1~, 1993. (b) As part of its regular review of all hmsinesa license applications, the director oX planningf or his designee, shall determine whetheM a commercial establishment which has applied for a business license intends to alcoholic beverage~ for on-premise consumption and whether it is located within 508 linear feet of a school which is owned or operated by the county. If th~ director of planning or ~i~ designee cannot determine wi~h a reasonable degree of certainty whether the commercial establishment i~ located more than 500 linear feet from a school which is Q%q]md or operated by the county, %he planning director ~hall require~ and the commercial establishment shall provide, a certification from a registere~ ~urveyor confirming the distance from the commercial establishment to any such school- If the commercial establishment fails to provide t~e surveyor's certification, it shall be presumed tmat asUablishment is within 500 linear feet of a school which is owned or'operated by the county. (c) No commercial establishment which holds a valid ~lcohollc beverage lic=ns~ from the virginia Alcohol Control Board at the time a school which iu o~ed o~ operated by the county locates wi=him 500 linear feet of th~ commercial ~tabli~hment shall b~come a non-conforming be required to obtain a condi:ion~l us~ ~ermit solely by virtue of ~h~ location of such school, ~o long as such if ~uch e~tablishment im ~old to a new o~er, a v~lid license is i~ed to the new owner and such license remalu~ in force or is reissued as provided by law. (d) The distancms 9r~scrib~d in thi~ ~ection shall be measured by e~tandin~ a straight line from th~ property line of the establishment selling alcoholic beverages to the nearest property line of the sc~ool. This ordinance shall beco~ ~ffective upon adoption. Ayes: Mr. Warren, ~. Colbert, and Mr- Abstention: Mr. Barber and ~- Ther~ was brief discussion relative t~ th~ Boa~d e~tablishing a drug and aluohul assistanc~ program and ~r. ~cH~le ~tat~d he will defer his request for the pro,am until such time ~he Youth ~ervic~ D~partment presents a report to the Board. 11. .~INNER MEE~_IN~ WI~H MEMBERS OF THE ~OF2~ITTEE ON FUTURE On motion of Mr. Warren, seconded by Mr. colbert, thc ~oard rece~d to the Ad/~ini~ration ~uildlng, ROO~ 502~ fo~ a dinner meeting with members of the Committee on the Future. Vote: Unanimous Mr. Warren welcomed everyone to thc me,ting and Ms. Nancy Hudson, Chairman of th~ Co~mittee on the Fuutre, end 12/~5/93 ~in~er meeting to review their "Economic Development in ~$o~ Uevie~ed the Report includin~ creating a council for adult education and literacy in thz county; ~stablishing a workforee development center as the primary resource for infornation on employment as well as for training, workforca l~t~raoy, un~ technical eduuation p~ograms; restructuring the Chesterfield Technical Center to e~pand its use of t~chnology; and developing a stTateg~c plan for the ed~=a~ional needs and training requirements of the County;s w0rkforee, and encouraging the development of state-of-the- art ~rTech Prep" programs. She then reviewed ~trengthening the Countys' workforce, growth, a~d development; ~esidents~ ns~s end thei~ impact on economic development; and ~cce~ful inplementetion cf Committee recommendations. Mr. Daniel requested that a tracking system be developed to measure ~he sucoe~£ul imDlementat£on of Committee There w~s diso~$sio~ relative to the rspcrt and Mr. Warren sxpre~m~d appreciation for the oppor=unity to msst with the Committee. It was the general consensus of the Board to recess to the Public Meeting Room to continue the regularly ~cheduled Reconvening: X~. INVOCATION ~r. Warren introducc~ K=vurend ~d ~tan~£ield, ~a~or of Che~t~r Baptist Church, who gave the invocation. 1~. PLEDGE OF ALLEgiANCE TO THE PLA~ O~ TME UNITED STATES O~ SERV~CR ~8 ~OMMUNIT¥ W/~N~ER OP BtkAWDEPd{ILL ~r. Stith introduced ~r. christopher ~. Wheeler who was present to receive the re~oluticn. O~ motion Of the Board, the following re~olution was adopted: WHEREAS~ Mr. Christopher K. Wheeler has been Cc~nnity Manager of the Brande~ill Community Association since 19S7; and ~R~A$, Mr. ~eeler guided th~ direction of the An~ociation by computer~zin~ its operation; designing and bu~ldlng a reserve fund for repair and replacement of buildings, equipment, and amenities; establishing w~itten Village Mill, a nationally ~ecognized model for newsletter~; 93-~61 12/15/93 WHEREAS, The Association transitioned from developer involvement to an independent and nature co,unity; management; provided training programs for Association emplo~ee~ in an effort to better serve the community; and negotiated a contract with the County's Police Department to WHEREAS, ~r. Wheeler is a member of The community Associ~tion~ Institute (CAI)~ past Presiden= o~ the CAI Central Virginia Chapter; Secretary of the Swift Creek Professional Advinory Group; member of the Metropolitan Richmon~ Chamber Future Focu~ Group; and actively involved in other CAI affiliations as well ss being a member cf Brandermill Aotary Club; and selected to hoot the prestigious national ~arge Scale with County staff on various projects rangiag in nat~r~ from zoning and transportation i~sue~ to utility/waterehed issues r~lated tn Swift Creak Reservoir. community leadership of Mr. christopher K. Wheeler and service :~rough the ~randermill Community kssociatlon. ~r. Wh~lem expressed appreciation for th~ r~cognition and SCOUTS 0~ motion of the Roard, th~ following resolution was adopted: W~R~$, th~ Roy Seout~ of America was incorporated by ~r. Willi~ D. Boyce on February 8, 1910; and WHEREAS, t~e Boy Scouts of America was founded to promote citizenship training, personal development, and fitnes~ of in~vidualn; and WHER~%S~ after earning at leamt twenty-one merit in a wide variety of field~, ~rvlng ~n a leader~hlp position in & troop, carrying out a service project beneficial to community, being active in th~ troop, demonntrating Scout spirit, and living up to t~e Scout oath amd Law; and WHEREAS, ~r. Chris Andros, Troop B97, sponsored by Mount standards of commitment and hs~ ~eaohed the long-~ought goal of Eagle Scout which i~ resolved by le~s than two p~rc~nt of tho~e individual~ entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of r~sponsible citizenship, and priding himself on th~ great accomplishments of hi~ County, Chris is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its eengratulatlons to Mr. Chris kndrus and acknowledges the good fortune of the County to have such an eut~tand~ng young nan as one of its citizens. Vote~ Unanimou~ Mr. Barber presented the executed resolution to Mr. An~rus, accompanied by members of hi~ family, and congratulated him on his outstanding achievement. 14,~,2. MR. ~RI~TOPKER RY~/~ ~PIVEY On motion of the Board~ the following resolution was adopted: W~EREAS, the Boy Scouts of America was incorporatmd by Mr. William D. Beyoe on February 8, l~10; and WHEREAS, the Boy Scout~ of Amerisa wa~ founded to promote citizenship ~raining, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badgem in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scent spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Kristophar Ryan Spivey, Troop 852, sponsored by the Church of J~sus Christ of Latter Day saints, ha~ accomplished those high standards of commitment and ha~ reached the long-sought goal of Ea~le Scout whleh is received by le~ than two p~rcent of tho~e individual~ ~nte~ng the Scouting movement; and W~=R=AS. growing through his experiences in Scouting, learning th~ la.sons of r~spousible citizenship, and priding himself on the great acnomplishmamtm of his County, Eristopher is indeed a member of a new generation of prepared young citizens of who~ we can all bs very proud. NOW; THEREFORE BE IT RESOLVED! that the Chesterfield ¢o~grat~lation~ to Mr~ Krist0pher Ry~n SpiYey and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Vote~ Unanimou~ Mr. Barber presented the executed resolution to Mr. Spivey, accompanied by members of his family, and congratulated him on his outstanding achievement. 14.D. RECOGNIZING THE METRO LEAGUE OF WOM~N VOTERS ON A S~CCE$SFUL "STATE OF T~= METRO AREA" DINNER ~r, Stith introduced M~- Oonna Reynolds, ~rogram chairman of the Metropolitan League of Women Voters, who was present to receive th~ r~mclution. 12115/93 On motion of the Board, the following resolution was adopted: W~EREAS, the League of Women Voters of the metropolitan Richmond area is a Donpartlsan organization that promotes political responsibility through inSermed and active participation of citizens in government and acts on s~l¢cted governmental issues; and WHEREAS, on November 30~ 1993 the League sponsored the %ocalitie~ of Chesterfield, Hanover, Henriou! amd Richmond; and WHEREAS, :he first annual "State of ~he M~tro Ar~a" dinner was held in Chesterfield County and at the rage/est of the League, Chesterfield was honored to serve a~ hcmt for the dinner7 and W~R~A~, the focu~ of the dinner was on "Transportation Opportunities and Challenges" covering such toplce as transportation planning, public transportation, trmnsportation for special populations, and ~igR speed rail; and WHeReAS, sams 300 citizens, community leader~, elected officials, and business leaders from the metropolitan Richnond area attended the program sponsored by the L~ague; and WHEREAS, the "state of the Metro Area" dinner prsvi~ed another opportunity to further regional cooperation and promote building relationships in Central Virginia. NOW, T~ER~FO~ BE IT RESOLVED, that the Chesterfield County Board of Supervlsora recognizes Ms. Donna Reynol~ and th~ Leagu~ of Women Voters of the metropolitan Richmond area for their efforts, on b~half of the metropolitan Rich_mend community, and so--ends the League on a successful firmt annual "state of the Metro Area" dinner. Vote: Unanimous Mr. Warren presented tee e~eouted resolution ~o Ms. Reynolds and expressed appreciation to h~r and th~ Metropolitan R~chmond League of Wo~en Voter~ for their efforts in sponsoring the first annual "State of the Metro Area" dinner. MS. Reynolds sxpremsed appreciation, on behmlf of the Metropolitan League of Women Voters, for the r~cognlt~un and for t~o vision and leadership the ~oard and County staff demonstrated throughout thim event. chief ~ittman stated agencies throughout Virginia will be initiating aotlvities during the month of December to foou~ attention on ways to prevent drunk and drugged drlvlng. ~e further s~ated the goal of the three D's is to "Don't Drink On motion of the Board, the fallowing resolution was adopted: ~I~R~AS, driverm and pedestrians impaired by alcohol and uther drugs account for nearly 17,000 U.S. highway deaths annually; and WHERF~AS~ there were 13,830 alcohol related crashes in Virginia in 199~, resulting in 379 £atalities and 11,493 injuries; and WHEREAS, nationwide, alcohol is involved in nea~ly half of all traffic f~talities; and W~R~A~, injury and property damage resultinu from impaired driving cause physical, emotional, and economic hardship ~or hundred~ of thousand~ of adult~ and young people; and W~F~%F3%~, a d~cad~ of int~ns~ public education ~ffort ham proved that aloohot related highway crashes are not accident~ a~d can be prmv~nted; and ~EREA$, comprehensive co.unity-based strategies to further ~educe and prevent impaired driving tragedies are known. NOW, TM~FOR~ B~ IT R~$OLV~D, that the 1993 am "National Drunk and Drugged Driving Preven=ion Month" in Chesterfield County. ~D, B~ IT FURTM~R R~SOLV~D, ~mt the Board public and private institutions, businesses, hospitals, and ~chools in Ckester~ield County t~ ~romo~e awarene~ of of driver impai~nt, existing and proposed laws intended opportunities to establish safer and healthier m~thods regarding the use of alcohol and other druqs for all ci%izen~. Vote: Unanimous Pittman, congratulated him on his leadership role in thim work being done by ~e Police Department. 15. RU~LIC HEA~ING~ CHARTER 1~.~.~. TO 9ERMIT ~ ~IT¥ OR COLTNTY~S INTERNAL ~UDITOR TO REVIEW THE A~O~NT8 AND RECORDS OP dONBTITUTION~L OT~ICERS OTHER ~ ~HE CL~RK OF THE ~IRCUIT AI~D (2) 00NDUCT PZRFOR~AN¢~ OR MANAGE~ENT AUDITS OF DBVELOPMENT THE COUNTY 93-865 12/15/93 TO ~ROVIDE FOR TH~ APPOINTMENT OF DEPUTY COUNTY ADMINISTRATORS BY THE COUI~TY ADMINISTRATOR U~ON THE AB~ROV~L OF T~E BOARD OF SUPERVISORS ~r. ~ica~ stated thi~ dace and tim~ has ~n advertise4 ~or public hearing to consider amendments to the Chesterfield County Charter. Mr. Warren stated Mr. Ramsay ha~ reque~e~ =o wi~raw Item 15.A.2., a red.es= for a Chart~r amendment to permit a city records oS constitutional officers other than the Clerk th~ Circuit Court regarding reven~es derived from Co~ty of constitutional officers fur County-related revenue. appointed School Board member~; the re~est to allow an Internal Auditor to revi~ the accounts and records of constitutional officers; Deputy County A~ministrators at %he pl~agur~ of the County Adminiztrator~ and stated ~e feelm ~ cobb=tee should be established to r~view any proposed amendm=ntm to th~ Charter. received commmnts regarding ~h~ propo~d Charter amen~ent fo~ School Board members tm~ to run =~ncurrently wit~ Board of supervisors te~s. ~he expressed concerns relative t~ the current selection Drocess for School Board membars allowing sufficient citizen participation and stated ~he does nut feel the majority of the co.unity is awar~ of consider placing this imbue on a referendum. Ms, Verena McCall stated ~he i~ a resident of the County and members term~ tc run concurrently with Board of terms; %he i~pact on the School Sy=tmm in possibly having five n~w School Board members; and h~wly appoin=ed School Board members taking offica du~ing the middle of the budget process- She stated she f~el~ this type cf change ~hould b~ voted o~ by the citizenship of the County and she is to the proposed Charter ~s. Beth Dunkum stated ~he i~ ~ resident of ~e County and expressed concerns relative no the rm~mst for School Board members te~s to run concurrently wi~ Doar~ of terms and t~at s~e is opposed to ~he propos~ amendmen=, she expressed concerns rulatlve to the meth~ in how the~e appointments will be made and the impact pstentially new school boar~ oould have on th~ ~chool System. She stated she feals this change will bring eleoC~d concurrently with Board of Supe~iso~S te~; that her f~ve children graduated ~rom county schools; that ~he has actively involved in variou~ County activities~ that feels the current selection process is sufficient; that feels th~ citizen~ hav~ not been ade~ately info.ed considered when addressing thi~ John COgbill, Es~iTe, representing the Chesterfield ~usiness Council, s~a/ed the ~uslness Counoll ~upport~ a public hearing process %o discuss the issue of School Board ne.ers ~rms to run concurrently with Board of Supervisors that the Citizens for Responsible for Government aa well sm the Governuncu Committee of th= Chesterfield Focus on Future have endorsed this proposal; that the Business'Council has mot formally taken a position on the proposal~ that he personally feels this request will allow everyone to work together better for the common good of the children; and ex~ressed appreciation to the Board cf Supervisors and School $oard in striving to maintain quality education. There being ne else to address the proposed Charter amendmentS, the public hearing was closed. Mr. Daniel stated he supports the Charter process and briefly reviewed the process undertaken in drafting the ori~inal Charter and, specifically, as it addresses the selection of School ~oard members. ~e stated he is concerned about the timeframe in sending this proposed request to the General Assembly and cannot support the request at this time. He further stated the changes made to the Charter, since its adoption, have been philosophical and he =a~ls a citizen group Should be established to address the issue of School Board msmbers terms. Mr. Barber stated he feels when new Board of Supervisors the current School Board member. He further ~tated the process, that there ha~ bee~ p~blio di~o~ssio~ ~n~ notie~ regarding this particular issue, and t_ha issue is an effort to address cooperation and efficiency. He stated he feels the County deserves an ef~iclsnt method of guvernmen~ and he believes elected school boards will become a reality at point in time. ae indicated he ~upperts the proposed Charter amendment relating to the terms of School Board members. Mr. Colbert expressed concern relative to new School Board members taking office during the budget process and stated he feel~ there needs to be sufficient citizen input on the F~r. NcHale sta~ed as an elected uf£iois!, he is accountable for him votes and on those he appointm to public office and he ham received mumercu~ comments from constituents with expectations of holding him accountable for decisions made by his predecessors, He f~rther stated he realm if the Board of $~pervimorm ar~ accountab~, they mhould hav~ th~ opportunity to make such a change. He inquired as to the beginning and ending d~tes of ~ehool Board member~ te~m. Mr. Micas ~tated concurrent terms for Sahoel Board e0~ld begi~ in July rather than in January. Mr. McEale stated he ~upperts the request. 15.A.i., a request to amend ~he County Char~ar to provide that newly appointed School Board members serve terms to run concurrently with the terms of Board of Supervisors members from its 1994 LegislatiYe ~rogram and for the Board of Superviscr~ to appoint a citizen committee to review, following the same process undertaken with the Charter, the i~uee relat{ng to School Board appolntmen~ an~ for the Commlt%%e to bring back recontmendatlons to the Board cf Supervisors for consideration. Mr. Warren seconded the motion. He clarified the Committee 93-867 Mr. Daniel stated the Committee would make r~ee~endations and would provide for a citizen input process. Mr. Barber expresse~ concerns relative to the issue being placed on a referendum an~ indicated he felt the concurrent terms issue could be confused with the ~lected school hoards issue. He inquired ae to whether the motion included holding a referendum on the issue. Mr. Warren clarified the motion includes holding a referendum. He inquired as ta the process used by other jurisdictions with elected school board~. Hr. Micas ~tated the first elected school boards take office in the November, 1995 election. There wa~ brief discussion relative to elected ~choal boards as it relates to this issue. Mr. Warren stated he feels there is so~e confusion about the p~opos~d ChaTter amendment and there Should be ~ufTicient citizen input, therefore, he supports the motion. Mr- McHale stated ha feels the issue needs to be resolved and the motion is a mechanism in addressing the concerns expressed, therefore, hn could ~upport the motion. Mr. Barber stated he could support the motion in an effor~ for the Board to move forward on the issue. Mr. Warren called for the vote on the motion made by ~r. Daniel, seconded by Mr. Warren, for the Board to delete Item 15.A.i., a reques~ %o amend th~ County Charter to provide that n~wly appointed School Board members serve terms =o run concurrently with the terms of ~oard of ~upervisors members from its 1994 Legiolative Program and for th~ Board of Supervisors to appoint a citizen committe~ to review, following the same process undertake~ with the Charter, the is~ua~ relating te School ~oard appointments and for the Committee to bring back recommendations to the Board cf Supervisors for consideration. Vote: Unanimous ~r. Daniel stated that Item 1~-A-1-, a request for a Charter amendment to provid~ for a separately reuognize~ Depart-men% Development; Item 1S.A.2.~ a re,nest for a Charter amen~ent to include the Director of Economic Development among County officials who meet periodically to cssrdlnate the financial needs o~ the County; and Itum 15.A.3., a request for a Charter amendment to provide for the appointment of Deputy COUnty Administrators by the county Administrator upon the approval cf the Board of Sep~vis~ w~e recoY~mended by the Governance Committee, are amendments that will strengthen the Department uS Economic Development, as well as allow the County Administrator to function as the chief executive. MM. Daniel then made a motion, seconded by Mr. Colbert~ for =he Seard to include the following requests for Charter amendments in it~ 1994 Legislative Program: 1. Amend Section 4.2 of the Charter to provide fo~ the appointment of Deputy County Administrators by the County Administrator upon the approval of the Board of 2. Amend section 4.1 of tho charter to provide for a separately recognized Department of E~omomic Development and a Direato~ of ~conomic Development. 3. Amend Section 6.6 of the Charter to include the Director of the Department of Economic O~velopment among County official$ who meet perlodlcally to coordinate =he financial needs of the county. Vote: Unanimous On motion of Mr. Barber, me¢onded by Mr. McHale, the Board withdrew Item 15.A.2.; a request to amend the County Charter to permit a city or county's Internal Audit to (1) review the aoco~t~ and records of msn~titutionsl officern other than the Clerk af the Circuit Court regardin~ revenues derived from County aotivitiee and (2) conduct performance or management audits of oonstltuticnal effiasrs for Coun=y- r=lut=d revenue. Voter unanimous Mr. Mica~ =tared thi~ dat~ and time ha= b~en advertised ~or a public hearing to consider an ordinance relating to permissible areas and times for the open burning of leaves. He furthe~ stated the Chesterfield Ccunta Code limits the eden burning af leaves to the hours between 8:00 a.~. on Monday until noon on Friday, from March 15 through April 15 and from November l~ through December 1~ and leaf burning is further ~estricted to the hours between 4:~0 ~.m. and midnight when it occurs within 300 feat af any woodlands. Ha noted the ordinance will be ooneistent with state law and become effective JanUary 1, 1~94. ~e introduced Mr. ~ichard Reuse, chesterfield Forester with t~e Virginia Department of Fore~try, =o preaent a brief overview af :he Forestry Department's ~csition on the Mr. Richard Reuse, representing the Virginia Department of Forestry, requeste~ the Beard to amend the County's leaf burning ordinance to make it consistent with State law. He occurs within ~00 feet of woods or grass fields. He further conditions experienced in the spring which make fires easier to atari and spread; that it is safer to burn after 4:00 because humidity nn~nally rises and winds diminish; that County residents are confused as to when they eau legally burn and numerous illegal burnings are taking place in the county; and that the proposed amendment will eliminate aomply with SCats law. implement a system to collect leaves for recycling. hearing was closed. On motion of F~r. Me,ale, seconded by Mr. Colbert, the Board adoptud the following ordinance: AN ORDINANCE TO A~END THE COD~ OF THE COUNT~ OF CH~ST~BFIELD~ 1978, AS AMEnDeD, BY AMENDING AND REENACTING SECTION 1~-25 RELATING TO PERMISSIBLE AREAS AND TIMES FOR THE OPEN BtTRNtNG OF LEAVES RE IT ORDAINED by the Board of supervi~or~ of Chesterfield County: (1} That Section 16-25 of the Code of the County of Chesterfield, 1978, as amended, i~ amended and reenacted to Sec. 10~25. Leaf burninc date~ and time~. (a) It shall be unlawful for any psr~am in the county ~e ~urn leaves from trees on property where the~ remide~ except: From ~arch 15 to April ~5 from 4:~O p.m. to ~idnight Monday through Thursday and from ~ovember 15 to D~cember 15 fram 8:00 a.m. on Monday to noon on Friday. (~) That this ordinance ~hall become effective Deoe~ber 31, 1993. Vote: Unanimous 1~.0. ~0 OO~SIDER ~/~ ORDINI%NCE TO ~ND THE COD~ OF TH~ PLA~NING ~-ND FEES ~r. Stlbh stated this da~e and time has been advertised for a public hearing to con~idcr an o~di~ance relating to administrative variances granted by t~e Director of Planning and Fe~. He further stated the G~neral Am~embly ha~ amended the County Charter to permi~ the Planning Director to administratively grant variances of up to two feet from a~y Mr. George Beadles expressed concerns relat~vo to the number of variances granted by th~ Board of zoning Appeals. There being no one else to address this ordinance, the public hearing was closed, After brief discussion, on motion of Mr. Barber, s~oended by Mr. Colbert, the Board adopted ~he following ordinance: AN OROIN2%~C~ TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978~ AS AMENDBD~ BY ~ENDING AND REENA~ING SECTIONS 21-3, 21-9, 21-1~, ~1-17, 21.1-14, 21.1-17~ 21.1-281 ~D ADDING A NEW SECTION 21-16.1 V~I~CES G~TED BY THE DIRECTOR 0F P~ING AND FEES BE IT ORDAINED by t~e Board of Supervisors 0f chesterfield county: (1) That section 21-3 of the cede Qf ~k~ County of Chesterfield, 1978, as amended, is amended to ~ead as follows: 12/15/93 ~ec. 21-3. DefiD3tienn. two (2) feet from any building setback regulrement granted by the director of planning when he finds in writing Chat the strict application of the ordinance ~equi~ement would produce undue hardship; (2) such hard~hip i~ not ~hared generally by other properties in the came zonin~ district and the same vicinity; and (3) the authorization of such variance will not be of substantial detriment to adjacent propnrty, and the character of the zoning district will not b~ ~hanged by the granting of the variance. (2) That Section 21-9 of the Code of the county of Chesterfield, 1978, as amended, i$ a~ended to read as follow~: Sec ._2.1-9. Fees for h=arinq~. (c) All other fees shall be imposed in conformity with (3) That section 21-15 of the Code of the County of Chesterfield, 1978, as amended, is a~eDd~d to r~ad an follows: Sec. ~-15. Powers and The board of zoning appeals shall have the following (a) Except aa provided for in section 21-16.1, to hear and decide appeals from any order, requirement, decision or determination made by an administrative offioer in the ad~i~istratlon or enforcement of this chapter. (b) ~xcept as provided for in section 2[-16.1, to a~horige upon a~peal or original application in specific cases such v~riance from the term~ of this chapter an will net be contrary to the public interest~ when~ owing go special conditions a literal enforcement of the provinicns will result in unnecessary hard,hiD; Drovi~e~ that t~e of thi~ chapter shall be observed and substantinl justice (o) Except an provlded for in section 21-16.1, to hear and decide appeals from ghe decision of %ha director of planning. NO such appeal shall be heard e~ceDt after notice and hearin~ as provided by Code of Virginia, section 15.1- 431. (4) That Section 21-16.1 of the Code of the County of Chesterfield, 1978, as amended, is added to read as fellow~: Sec. 21-16.1. Director of. Plan~.i.~ - Authority to Grant (a) At th~ time an application is submitted, the applicant shall elect wh~ther to seek an administrative variance as set forth in this seotion er whether to seek a 93-871 12/15/93 the applicant fail~ to make such an election, his application will be proceeded ender the procedure ~et forth in this coctlon. (b) The dlractor of planning may grant an administrative variance of not more than two (2> feat from any building eetback requirement contained in this ~bapter. We ~uch administrative variance ehall be authorized by the director of planning unless he makes the following findings iD writing: (~) that the strict apDlidation of the ordinance ~e~uirement would produce endue hardehiD; (2) that such hardship is net ~hared g~nerally by other propertiec in the same zoning dictrict and the same vicinity; ~nd (~) t_hat the ~utherization of such administrative ¥~iance will not be of ~ub~tantial detriment to adjacent property and that the character of %he ~oning district will not be changed by the granting of the administrative variance, (c) Any application for an administrative variance ~eseribed in thio ~eotion shall he mad~ in accordance with the provisions of Chapter 2~=~, ~ection 21.1-16. (d) The director of planning, o~ hi~ agent, shall, at lsast seven (7} days befors acting on any application made pursuant to this section, post on the land or building Xnt~rval~ along streets abutting th~ ~ubject property or, if there is no abutting street, than at the proposed pmblic ~treet entrance to %h~ property. The notice ~hatl be in loeationc ~o a~ to be reasonably visible from ~ublio (2) The validity of any action on an application shall not he affected by the unauthorized removal of a notice which ha~ been duly po~ted in aacordance with this (e) The director cf planning or his agent shall send written notice cf an application made purcuant to this action tc adjacent property owners by registere~, certified or first class mall ten (1~) days before acting On any application made pursuant to this a~otion. The notice shall specify that the director cf planning will approve or disapprove the of s~bmisslon of the application. If such written notice is provided by f~rst clacc mail, =he director uf planning cr his agent =hall make affidavit that e~o~ ~otice ha~ been sent and (f) T~o dirn~tor of planning shall approve or disapprove an application made p~suant to thio ~ectien not less than fourteen (14) days after the date of submission of %he application. (g) Any appeal of tbs final decision of the director of planning on an application for am adminietrative variance shall be made to the circuit court of the County within forty-five (45) days after date of final decisicn and ehall be in writing and ~p~effy the grounds therefor. (6) That Section ~1-17 of the Cod~ of th~ County of Chesterfield~ 1978~ ae amended~ is amended to read as $~e- ~1-17- Appeals to board. the Z~cept as provided for in section 21-16.1, an appeal to board of zenieq appeal~ may be taken by any person 12/15/93 aggrieved or by any officer, department, board or bureau of planning. ~uch appeal shall be taken within thirty (~Q) days after the decision appealed from by filing with the director of planning, and With the board of zoning appeals, a notice of appeal specifying the grounds thereof. The director of planning shall forthwith transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the director of planning certifies to the board of zoning appeals that By reason of facts stated in the certificate a stay would in him opinion caum~ imminent peril to life or property, in which case proceedings shall not be stayed zoning appeals or by a court of record, on application and on notice to the director of planning and for good cause shown. {7) T~a= section 21.1-14 of the Code of the Coun=y Chesterfield, 197S~ as amended, is amended to read as follows: Sac. 21.1-14. ~oard of zoning..~Dneale - Power and duties. (a) Except a~ provided in section 21.1-15.1 and in article IX, the beard of zoning appeals shall hear an~ decide determination made by an administrative effie~r in the administration or =nforcement of this chapt=r as follows: oeo (c) Except as previded for in section 21.1-15.1 and in article IX, bha board of zoning a~peals shall he~r and decide appeals from the decision of the director of planning. No such appeal shall be heard except after notice and hearing as provided by section ~1.1-18. (8} That Section 2~.1-1~.1 ef the Code of the County of Chesterfield, 197S, as amended, ia a~ended to read as follows: ~ec. ~l.l-15.1. Director of 91anninq - Authority to Adm~nletratlve Variances. (a) At the time an application i~ ~nbmitted, the applicant shall elect whether to seek an administrative variance as met fo~th in this section or whether to seek a variance as set forth in mection 21.1-14 of this chapter. If the applicant fail~ to mare such an election, his application will he processed under the prccedur~ sst forth in this (b) The director of planning may grant an administrative variance cf not more than two (2) feet from any building setback requiremen= =entaine~ in this chapter. No such administrative variance shall be a~th0rised by the director of planning unless he makes the following findings in writing: (1) that the strict application of the ordinance hardship is net shared generally by other properties in the same zening district and the sams vicinity; and ($) authorization of such administrative variance will not be of substantial detriment to adjacent property and that the 93-873 12/15/93 cAaracter of the zoning district will not Be changed by granting of the administrative variance. (c) Any application for an administrative variance ~escrited in this s~tion ~hall be made in ~ccordance with th~ provisions of Chapter ~l.1, section 21.1-16. (d) The director of plannin~ or hi~ agent, shall, at least seven (7) days before acting On any application made pursuant to this section, p~t on the land or bn±ldin~ involved a notioe of the application as follows: (1) Said notice sh~ll be posted at reasonable intervals along ~treets abutting the subject property or~ if there i~ no abutting street, then at the proposed public street entrance to th~ property. The notice shall be posted in locations ~e a~ to be reasonably visitle from p~bli¢ (2) The validity of any action on an application shall not be affected by the unauthorized removal of a whioh has been d~ly posted in accordance with this section. (s) The director cf planning or his agent shall send written notice of an application made pursuant =e thi~ action to adjacent property owners ty regi~tere~, ~ertified or first class mail ten (10) days before acting on any application made pursuant to this section. The notice shall ~pecify that the director of plannin~ will approve er d~sapprove the application net less than ~uurteen (14] days after the date of submission cf the application. If such w~itten notice is provided by first class nail, ~ha direotom of planning or ~gant ~hall make affidavit that much notice has been ment and filed such affidavit with t~e application. (f) The director of Dlannio~ shall approve or disapprove an application ~ad~ pursuant to this section not less than fourteen (1~) days after the date o~ suhnlssien of the application. (g) Any appeal of the final decision of the director of planning On an application for an sdninistratlve variance shall be made to the circuit court of the county within forty-fi~e (45} days after da~e uf final decision and shall be in writing and specify the g~ounds therefor. (9) That Section ~1.1-17 of th~ Code of the County of (e) Variances~ Administrative ........ $~0.00 C~e~terfleld~ 197B, as amended, is amended and reenacted ts two (2) feet from any building setbmck requirement granted by th~ director of planning when he find~ ~n writing that (1) produe~ undue hard~hip; I2) ~uch hard~hip is not shared the sa~e vicinity; and (3) the authori=aticn of such variance will not be of substantial detriment to ~dja¢~nt property~ and the character of the zoning district will not be changed by the granting of the variance. (11) This ordinance shall become effective immediately upon adoption, i~.D. TO ~ON~IDER THE PRORIBITION OF ~/4~ T~OU~ TRB~K OR TRU~K AND TRAILER OR SEHI-TRAILER OOMBINATION EXCEPT PICK~ OR ~NB~ TRU~K~ ~ROM USIN~ O~D C~NTR~LTA ROAD FRO~ CHESTER ROAD TO WEST HUNDRED RO~D Mr. Stith stated this data and time has been advertised for a public hearing to consider the prohlbltlon of through tr~ck traffic on Old Centralia Read. Mr. Barber excused himself fram the ~e~ting_ Mr. Georg~ Beadles expressed concerns relativs to th~ number of through =~c~ traffic prohibitions being a~proved in the County und stated hx fxelx the Board needs to consider refusing to g~ant sa many restrictions. Mr. ~arber returned to ~he meeting. There ~einq ns one else to address this issue, the public hearing was closed. On motion of Mr. MeHale, ~¢onded by Mr. Barber, the Bsard adopted the following resolution: WHEREAS, the Chesterfield County Board cf Supervisors received a request from citizens to prohibit any through truck or truck and trailer or semi-trailer combination e~cept pickup or panel truck~ from u~ing Old Centralia Road (Route~ 609 and 717) from Chester Road (Routes 144 and 1~5) ts We~t ~undred Road (Rout~ 10); and W~R~$, the recommended a!ternare routs i~ shes=er Road and Route 10; and WHEREAS, the B0a~d has conducted a public hearing on the prohibition. NOW, T~RZEQRE S~ IT RESOLVED, that the Board of Supervisors r~que~ts the Virginia Department of Transportation te prshibit through truck traffic on Old Centralia Road. Vote: Unanimou~ APPROPRIATE $~8.000,000 IN REVENUES AND' E~ENDITURE~ THE INTEREST ON ~HE NON-CALLABLE ~O~DS W~ICH WOULD Mr. Stegmaier stated this data and time has been advertised for a public hearing to consider an amendment to t~e F¥93-94 budget to appr~prlat~ up to $1~,00~000 in r~v~nu~ and 92-~75 12/15/93 expenditures for tke refinancing of lea~e/pu~ohase proceedst which is ba~ed on paying transaction expenses, refunding $15,560,000 in callable bends, and paying the interest on the non-callable bonds which would have otherwise been paid. He further eta=sd ~his item is a formality tc appropriate fund~ to proceed with the refunding. Mr. ~¢Hale stated du~ to staff's sound financial management, the County will save approximately $.5 million on this transaction. No one came forward ~c speak in favor of or against this issue. on motion of Mr. MeHale, seconded by Mr. Colbert, the Board approved an amendment to the FY99-94 bB~g~t to appropriate up to $18,000,000 in revennes and expenditures for ~he refinancing of lease/purchase proceeds which is based on paying t~ansaction expenses, refunding $15~560~000 in callable bondm, and paying the interest on the non-callable bc~ds which would have otherwise bee~ paid a~d aufhorized the County Administrator to execute a new Ground Lease, Real Amsign~ent Agreement. vote: Unanimous OFF BKAND~RS BRID~E ROAD Mr- Stith ~tated this date and time has been advertised for a public hearing %o con~ider th~ conveyance of excess right of way located off Brand~r~ Bridge Road. Mr. Joe Yedlosky orated h~ is the reque~ter'e builder end ~hsy would like the Board to consider vacating th~ .ntire right of way instead of a portion- Discussion, comm~nt~, and quezticns ensued relative to the request to vacate the entire property rather than a ~ortlon; the r~asons for staff's recemmendatio~ i~ vacating only a portion; the property being landlocked if the entire vacation ~s grant~d; wh~ther the request should he deferred to address the sntir~ vacation; and the request involvln~ tWO Bridge Road, recorded in ~eed ~ook 1161, Pag~ 934. (It ks Vc~e: Unanimous 16. REOUEST8 FOR REZONING In Midlothian Magisterial District, R~%D F. ~OODE~ TRUSTEE requested rszoning from Agricultural (A) ~o Residential (R- 25). A single family residential subdivision having a maximum density oS one (1) dwelling unit per gro~s asrs i~ planned. The Comprehensive Plan designates the property for rmsid~ntial us~ of 1.OS units par acre or less. This re~uest lies on 33.5 acres fronting approximately 1,200 feet on the west line of ~uguenot springs Road~ approximately 3,600 feet north of Midlothian Turnpike. Tax Map 6 (1] Parcels 1 and 3 {Sheets 1 and 6). M~, Jacob~on D~esented a sugary of Case ~4SN0141 and stated Mr. Barber i~ requesting a thirty-day deferral. Mr. Barber stated the applicant is in agreement with the thirty-day d~ferral. There wa~ no opposition present. Om motion of Mr. Barber, seconded by ~r. Warren, the Board deferred Case 94SNQ141 until January 26, 1994. In Clover Hill ~a~i~terial District, LUCKS L;~Ng ~eq~eet~d ~ezcning f~o~ Neighborhood office (O-l} and Neighborhood Business (C-2) with Conditional Use and Conditional Use Planned Development to Neighborhood Office (O-l) and ~$ighborho04 ~u~iness (=-~) with conditional use and Conditional U~e Planned Development. A shopping center conJunotion with a ~Onvenience ~tore with gasoline selma and office uses are planned. Office and commercial usaa of u~ 50 S,000 square feet pe~ acre are permitted in a Neighborhood office {O-i) District. The density oS thm ammndmsnt in Neighborhood Business (C-l) tract will be controlled by zonimg condition= cr ordinance standards. The Plan designates the property for residential use of 1.51 to 4.0 units per acre. This reguest lies on a total of 1~.84 acres fronting approximately ~00 feet on the we~t line of Courthouse Road, approximately 200 feat north of Lucks Lane, also fronting approximately 1,300 f~et on the north line of Lu~ks Lane, appr~ximately 350 feet west of Courthouse Road. Tax Map 38-2 (~) Parcel~ ~5 ~hrough 21, Parcel ~2 and P~rt of Parcel 22 (Sheets S and Mr. Jacobsen presented a ~um~ary of Ca~e 945N0124 and ~tated the applicant is requesting a thirty-day deferral. Mr. Michael Kelly, representing the applicant, stated he is requesting a thirty-day deferral. There was no opposition On motion of ~r. Warren, seconded by Mr. Daniel, the Board deferred c~e ~45N0124 until January 25, 1994. Vote: Unanimous 94SN0109 In Bermuda ~agi~terial District, PIEDMONT MI~I ~TORAGE ~EEO~I~TE~ requested rezoning from Light Industrial (M-l) to General Business (C-5). U~e~ would he restricted tn wffice/warehcu~e~, and tu motor vehicle, utility trailer and truck rentals. The density of such amendment will be controlled by zoning conditions or ordinance standards. The comprehensive Plan desiqnates t~e property fo~ commercial u~e. This request lies on a 4.1 acre parcel known as 2000 West H~nd~ed Road. Tax Map 116-6 (1) Parcel 22 (Sheet 31). Mr. Jacobsen presented a summary of Ca~e ~N0109 an~ stated the Planning Commission and a~aff recommends approval and acceptance of the proffered conditions. ~e noted the T~ansoortation Plan- Mr. David McEanzie, representing th~ applicant~ sta~ed the present, On motion of Mr. MuHale, seconded hy ~r. colbsrt, the Board approved Case 9%$N0109 and accepted the following proffered conditions: 1. Use under the C5 zoning shall bc limited to the following: A) Office/warehouses B) Motor vehicle rental ¢) Utility trailer and truck rental Prior to issuance of a b~ilding per, it for any new building or ~xpan~ion of an existing building, the public wastewster system shall be extended to the site and all buildings requiring domestic water and wsstewater facilities shall be connected to the public waetewater system. With the exception of one motor vehicle which shall net include a rental truok~ all other rental vehicles shall be parked to the rear of the closest building to Route 10. No more than one motor vehicle for rent which shall nut include a truck, shall be parked between the rear of the buildinq and Route 10 and such vehicl~ shall be parked tu the east of the closest building to Route 10 and between the front and rear facade of the building. Vote: Unanimous 945N0~37 In Dale Magisterial District, MUTUAL HOLDINGS, I~CORPOR~TED requested rezoning from Light industrial (I-1) to General Business {c-5). Uses would be r~tricted to light industrial uses plus a motor vehicle body repair and painting facility. The density of such amendment will be eon%rolled by zoning conditions or o~dinance mtandards. The Comprehenmive Plan designates the property for light industrial use. Thi~ request lies on a 1.17 acre parcel known as ~117 Virginia Pine Court. Tax ~ap 79-6 (3] Industrial Park, Lot 35 (Sheet Mr. Jacobsen presented a summ~ry of Case 94SN0137 and stated the Planning Comm±seion and staff recommends approval and acceptance of the proffered conditions. H~ noted t~e request conforms tn the Central Area ~and USS and Gle~ ~oore, Esquire. r~presenting the applicant, stated the recommendation was acceptable. There was no Opposition ~pproved Case 94SN0137 and accepted the following proffered conditions: 1. The only uses permitted on the Property shall be those uses permitted in am I-1 Light Industrial District, and motor vehicle body repair, painting and incidental 2. All damagsd motor vehicles awaiting repair shall ha stored in~ide a building located on the Property. Vote: Unanimous In Bermuda Magisterial District, JAKES W. BLACKBURN requested rezoning fro~ Community Business (B-2) to General Business (C-5). Saneral commercial uses are planned. The density of such amendment will be controlled by zoning ccnditie.e or 0rdinanne ~tandard~. The Comprehensive Plan designates the property far general ¢ommerelal use. This request lies on a 0.76 acre parcel known as 11430 Jefferson Davis Highway. Tax Map 133-3 (2) Mid-City Farms, Block A, Lot la (Sheets 32 and Mr. Jaoobson presented a summary of Case 945N0139 and ~ated request conforms to the Chester Village Plan. M~. Ja~es Blackburn~ representing the applicant, ~tated the On motion of Mr. McHalc, seconded by Mr. Colbert, th~ Beard conditions: 1. Prior to site plan approval, sixty (60) feet of right of way on the west mide of Route 1/301 measured from the oenterliDe of that part of Route adjacent to the property shall be dedioated~ free and unrestricted, to and for the benefit of Chesterfield County. 2. Prior to issuance of an occupancy permit for any ~evelcpment that would generate a significant increaee in traffic above the traffic generated by the current ~pecialty retail u~e, as determined by the Transportnticn Department, an additional lane of pavement ghall be congtructed along ~he ~outhbound lance of Routs 1/301 for the entire property frontage. 94~N0142 In ~etaaca Magisterial District, THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS requested rezoning from Agricultural (A) and Light Industrial (M-l) to Industrial uses are planned. The density of such amendment will be ~ontrolled by zoning conditions or Ordinance acree fronting approximately 8~0 feet on the east line of Woods ~nd Road, approximately 1,600 feet on the CS~ Railway right of way, and the west line of Route 1-~, and 1coated approximately 290 feet south of th~ intersection of Woods End and Woods Edge 4M, 49 an~ 50). Mr. Daniel disclosed =o the Beard that his employer, Philip Merrim, could ben.fit financially from thin r~zoning and mtated he has not participated iB this case. He declared a poSen%iai conflict of interest pursuant to the Virginia Comprehensive Conflict of Interemt Act and excused himself from the meeting. Mr. Jacobsen presented a sumlnary of Came 945N01~ and stated the Planning Commission and ~taff recommendm approval and acseptance of a proffered condition. He noted the request eonform~ to th~ Southern and Western Area Plan, Ms. Carolyn Tiller, an arem resident, stated the develolIment will directly i~pact her propsrty; that she would lik~ the trees along the CSX Railroad to be retained; that if a mound barrier is built, the noime from the railroad will ~ increased; and requested she D~ informed of what will be built On t~e property, There was brief discussion relative to required buffer, as proffered by ~he applicant, versus the trees located betwee~ the railroad track and Ms. Tiller's house. Mr- ~eorge Beadles ex~oressed concern that the property owners had not pro,fared cash for free protection consistent with the Board of Supervimorm' policy. Mr. Colbert stated he attended s~veral meeting~ ~e~erdlng On motion of Mr. colbert, meeende~ ~y Mr. ~arber, the Board approved Case 945K0~4~ and accepted the followin~ proffered condition: SO am to minimize the view from the west into the property, a fifty (M0) foot buffer shall be provided along the wemtern property boundary adjacent to the CSX Railroad right of way. Facilities, utilities and other improvements and uses, including acsess, shall be permitted within this buffer provided the spirit and intent cf the buffer is maintained, as determined at the time of site plan review. The exact treatment of the buffer shall be approved at t~e time of site plan r~¥iew. Further, this Duffer may be modified or reduced at the time of mite plum review in aecordan=~ with Sec:ion ]1.1-~7 (ii of the zoning Ordinance. Ayes: Mr. Warren, Mr. ~arber, Mr. Colbert, and Mr- McKale. Absent: Mr. Daniel. ~r. Daniel returned to the meeting. 93SN0229 (Amended) In ~atoaca Magisterial District, SOLAR D~VELOPF~ENT ~ERVIOE CORPORATION requested a~eu~msnt to a previously grunted Conditional Use (Ca~e 87S005) to permit s~redde~ ~ires to be utilized solely in the drainage and drainage protection layers of landfill cells in an existin9 permittsd construction/demolition/debris landfill. The density of such amendment will be controlled by zoning conditions ur ordinanc~ standards. T~e Comprehensive Plan designates the property for residential use of 1.50 unit~ Der acre er less. This request lis~ in an ~gricultural (A) District on a 22.0 acre parcel lying approximately 21~ feet off the ~orth line of Belcherwood Road, Tax ~ap 77 (1) Par~ of ~arc~l 1 (Sheet ~). Mr. Jacobsen presented a summary of Case 93BN8229 and stated the Planning Commission and staff recommends approval s~bject to conditions. ~/~/~ Mr. MoHale inquired as to length of time this Landfill has been in operation. Mr. Jacobsen stated the Landfill has been in operation since 1987. Fur. James Theobold, representing the applicant, stated the recommendation was aooepta~l~, ~Lr. Thomas shumuker s~ate~ he is a resident of =he County; expressed appreciation to the Board for their efforts in mmkimg the County a better place to live; that he is actively involved in school and scouting related functions; that he is representing residents of Reedy Mill Subdivision; that they are net opposed to the Landfill, but are opposed to this particular request; and submitted into the record a copy of a zoning opinion request dated February 5, 199~. ~a expressed concerns ~slative to the impact the Landfill will have nn area development and the environment; the use of shredded tires aa a landfill drainage liner; and the potential for ~ires ~o catch on fire. He ~han submitted into the record copy cf a petition in opposition to this request. There was brief discussion relative tc the process which would be undertaken if any tires caught on fire; Condition relating to the storage of tires; and Condition 1, relating to restricting tire materiel. ~r. Ed Saunters ~teted he iea resident of Reedy Mill and expressed concerns relative to the storage of tlre~ during oonmtruotion; the impact the request will have on wells in the area; and stated citizens in the area are opposed to th~s request. There wa~ b~ief discussion ~elative to dralnag~ from the Landfill as it relates to ~r. Saunders property. Mr. Tim rex=on stated he is a soil scientist and he feels slope of the land is not the issue, because wells draw off fractures in rock and not from surfrace water runoff. fur~r stated, in his opinion, the Landfill surface runoff would have no impact on area wails. potential of the tires catching on fire. Mr. George Beadles stated hm feels th~ State should decide %here ~e of issues and he does no= feel ~he use of tires in the Landfill to be of particular concern. Mr. James Theobold stated the applicant'm requemt im to amend oma condition to allow the use of a limited number of tires; that th~ Landfill i~ mouitored by th~ $t~t~ an~ has approxlmat~ly 15 year~ of operation left; and reviewed the ~esign of the c~ll layer cf the Landfill. Ke further stated the original request was amended to guarantee =ha~ tires cannot and will nut be discarded in %his Landfill as Dar~ th~ ~na~at material and th~ Du~Do~ of th~ ~qu~t b~ing utilize shredded tires for ~he construction of drainage layers and cell liners; that this method i~ an enviro~entally saf~ process to recycle a portion of tires generated by the County; and provides the County with additional recycling credits that can be utilized toward reao~nd~d approval of the rmquemt and the Landfill has had There was brief discussion relative to installing liners for the storage area of the tires awai~in~ placement in the 93-eSl 12/15/93 Landfill and it was noted this ~sue would be addressed at site plan review. Mr. Colbert stated a tre~endou~ amount of work and effort ha~ been put into this case and the protection of the envlrQnme~t and the impact of any action which has the potential to effect the environment is of vital concern to everyone. He expre&sed appreciation to all for their input into the request and stated this issue is about allowing an already operating Landfill to u~e ~hredded tire chips as a part cf its drainage layer and cell liners. He noted %0 use shredded tire chips, both County and Stat~ approval are further stated in addition to the Planning Commission recommendln~ approval of the request, the applicant must comply with numerous conditions and 29 pages of State regulations. Mr. Colbert then made a motion, seconded by Kr. MaHale, for the ~oard ts approv~ Case 93S~229 SUbjeCt tO the follcwin~ conditions: 1. Fill naterial shall be limited e~clusively to soil, stone, rock, land ¢l~ared and building ~aterisls, end shredded tire natarlal to be used solely in the construction of the drainage layer and drainage protection layer of landfill sells. (Not=: This condition supersedes Condition II of Case ~xcept for a period no~ to exceed ninety (PO) day~ per calendar year during the construction of the dralna~e and ~rotective liners, ne more ~haa 5,000 cubic feet of whole or shredded tire material may be stored on-site. Durin~ the ninety (90) day period only tho~e tires or ~bredded tire material necessary to sonstruct the drainage and protective liner which is under construction at that time shall be stored on-site. other than durinq the ninety (90) day period, no tire~ shall be mhredded on-site. Stock~iled tires or tire material shall be stored ss as to minimize the potentisl for tir~s or ~hredded tire material to become a breeding ~abitat f~r vectors (mosquitoes, rodents, etc.) and further mlnimi~ th~ potential for ti~e~ ar ~hredded tire ~aterial to become a fire hazard. The exact method of storing tires and Shredded tire material shall be approved by the Planning Department and the Fire Prevsntion Bureau at the time of mitm plan review. (P&F} The~e shall be no burning of tires. (P) 4. At such time that public water is e~Ycended to within feet of =he parcel upon which the landfill is located (Tax M~p 77 (1} pa~eel 1), public water ~hall be extended to the landfill site and fir~ hydrants shall be installed for fire protection. ~he exact number and location of fire hydrants shall be approved by the Chesterfield County Fire Prevention B~eau. 5. Until such time t~at fire hydrants are installed on the landfill site, existing 9en~s located on the landfill site shall be maintained a~ draft ~ites for fire suppression water. Prior to any on-site storage of or filling with tires, a fire control plan for maintaining these ponds as draft sites, and for providiaq fire access to these ponds, shall b~ snbmitted to the Fire Prev~ntlon Bureau for a~proval. (F) conditiono of zoning approval for 875005. h.) E~cept ac noted herein, alt other conditions of zoning approval for case 87S005 remain in effect. o.) In addition to these conditions and conditions of zoning appraYal for Case 87S005, the Virginia Department of ~nvircnmantal Quality regulations for con~truntion/demolition/debri~ landfills would apply to thio use. Such regulations, if more restrictive and appropriate to thio facility, would supersed~ the requirements of ~oning ordinance and/or theoe conditions.} dr. Sarber expressed appreciation to those who provided input into th~ request end stated the Planning Commission and staff recommend~ approval, therefore, he support~ the request. Thera was brief discussion relative to th~ reuponsible party at the time the Landfill is clo~ed and the original request in 1987. Colbert, oeconded by 5Ir. NeMale, for the Board to approve Caoe 93SN0229 a~bject to th~ following conditions: 1. Fill ~aterial mhall be limited exclusively to soil, ~tcne, rook, lan~ cleared and building ~aterialm, and shredded tire material to be ~ed ~clely in the construction of the drainage layer and drainage pret~etie~ layer of landfill cells. (Note: This condition supersedes Condition II of 87s005.) 2. ~oep~ for a ~eriod nor to exceed ninety (90} days per calendar year during the co,striation cf the drainage and protective liners~ no more than 5,~00 cubic feet of whole or ~hr~dded tire material may be stored on-site. During the ninety [90) day period only tho~e tir~ or construction at that time shall be otored on-site. other than durin~ thc ninety (90) d~y period, no tire~ shall be shredded on-sAte, stockpiled ~ires or shredded potential fur tires or shredde~ tir~ material to become a breedin~ habitat for vectors (monquitoe~, etc.} and further minimize the potential for ti~es or shredded tire material to becom~ a ~ire hazard. The exact method cf storing tlre~ and ehredded tire material ~hall bo approved by the Planning Department and the 9. There shall be no burnln~ of tires. [P) 4. At s~ch time %hat public water is extended to within 200 fact of the parcel upon which the landfill is (Tax Map 77 (t) Parcel 1}, public water ~hall be installed for ~ire protection. The erect number and location of fire hydrants shall be approved by the Chest~r£ield County Fire Prevention Bureau. (F) Conditions 2 through 5 ere in addition to 12/15/93 Until such time that fire hydrants are ~n~talled on the landfill site, eRi~ting ponds legated on the lan~£ill ~i~e shall be maintained as draft sites for fire ~uppression water. Prior to any these ponds as draft site~ and for providing fire access ~o these ponds, shsll be $~bmitted to the Fire Prevention Bureau for approval, (NOTES: a.) Conditions 2 through 5 are in addition to conditions of zoning approval for Came b-) ~cept as ~oted herein~ alt at,er conditions of zoning approval for Case $7s005 ~emain in effsct. o.) In addition to these condihion~ and conditions of zonin~ approval for Case STS00B, the Virginia Department of Envirorg~ental Quality regulations for conGtruatien/de~molition/iebris landfills would apply to thi~ uae. sus~ appropriate to t_his facility, woul~ supersede the r~qUirements of Zoning Ordinance and/or theme conditions.) i~. ~DJOURNMENT On ~otion of Mr. Colbert, seconded by Mr. Warren, the Board adjourned at 10;uo p-m- until 3anuary 12, 1994 st 3:0~ p.m. Vote: Unanimous L~n~ B- Ramsay County Administreto~ Chairman