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03-23-94 Minutes
MINUTES ~&ruh 23, 1994 M~, Whaley H. Uulbert~ Chairman Mr. 3. L. Ms~al~, III, Vice Chrm. Mr. Edward B. Barber Nr- H~rry G, 0aniel ~r. Lane B. Ramsay County kdmiDistrator Office on Youth Registrar Mr. CrKig B~y&ht, Dir., ~uilding Offioial Fire Depar~meQt Deputy CO. Admin., Hanagement Service~ County Ombudsman Mr. William H. Howell, Dir., Plana~ng Ms. ~ary Luu Lyle, Dir,, Transportation ~r. Richard ~. MeElfish~ Dir.~ ~nv, ~ngineering County Attorney Dir., Health Police Department Ms. The~eea M. Pitts, Community Development Sheriff's Department Dir., Human Resource Mgr. Colbert sailed the regularly scheduled ms~ti~g to order at ~:05 p.m. 1. ~PPROV~5 OF MINUTES On motion of ~r. ~arbers seconded by Mr. McHale, the Board appraved the minutes of March 9, 1994, as submitted, Ayes: Kr. Colbert~ Mr. MoHale, Mr. Barber~ and Hr. Wa~en. Abstention: ~r. Daniel as he was not present at the ~arch 9~ 1994 meeting. 2. COUNTY ADMINISTRATOR,S COMMENTS ~r. Ramsay stated in t~e pas9 ~wo w~eks, s~veral Board members have held constituents meetings relating to the issue of shrink/swell soil and introduced Mr. Stsl Parthemos, ~enior A~i~tant County Attorney, to present a repnrt on those meetings. Mr. Parthamss stated a Midlothlan District constituents m~eting wa~ held on March 7, 1994; that approximately 75 people attended; %hat citizens who spoke at the mee~inq included individuals with foundations in need of r~pair us a result of s~rinR/~well soil and citizens who have had their foundations repaire~ through h~ne warranty claims; that th~ that many cf the speakers favored a County as~istan=~ program that would pay for all or a portion of shrink/swell repairs. M~ further ~tated a joint Clover Hill/Matoaca Districts constituents meeting was held on March 14, 1994; that approximately 260 people attended; that citizens who spoke at t~e meeting included individuals with foundations in nasd of repair~ individuals who have had their fcundation~ r~palred either through home warranty claims or on their own; that of t~e spea~ere favored a County assistance program that would pay for all or a portion of ~hrin~/swell repairs~ that the speakers believe assistance should be provided as soon possible; that th~ speakers requested the County assist homeswner~ in clarifying the appropriate repair for their homes; and one speaker requested the assistance program include homes =hat have already been repaire~. He stated a joint approximately 40 citizens attended; and tha~ none of tbs speakers supported a County assistance program fe~ s~i~k~swell repairs, however, s~veral persons privately indicated, a~ter the meeting, that they favored some type of finenoial assistanse. ~ ~rt~er stated a separate Bermuda Dis~rict constitu®nts m~ting was held; that approximately 1~15 citizens attcnds~, includin~ two ~omeowners w~o have made ~hrink/swell repairs to their hemal; and that none of the speakers expressed eup~or~ for a County financial program in paying for shri~k/swell rmpairs. There wa~ brief discussion relativ~ to advertising of the Bermuda District oonmtituents nesting. Mr. Parthe~os reviewed staff options for f~ture shrin~/swell a~i~tance including Option I., completing the existing assistanoe program; option IIA., adding additional noR- financial mervice~ to the eximting a~i~tance program; option IIB., extending ~he current citizens assistance program to new applicants; Option III., paying ~ngln~r~ to design r~palr~ and supervise repair construction; smd Option IV., cresting real reviewed options from citizens for shrink/swell assistance including 0p~ion I~, p~ying for r~p~ir~ by i~suing bonds after --l ' 't a telethon to rai~ voluntary eontzlbutlons; Option IV,, buil~srs to volunteer labor and materials to reduce repair eosts~ Option V., using the projected L994 ~iscal year Option VI., establishing ~ home repair meliaf fund from County revenues~ Option VII., estaDlimhlng a home repair from rmvanues received fMCS ~he bUildin~ industry; Option VIII., waiving r~a% property taxes fe~ homes shrink/swell soil repair until the repair cost is cov~r~d7 and Option %~., getting builders more actively involved in repalrlnq the homes they built. ~r. Daniel stated be feels an additional option should b~ added relating ts homeowner warranty insurance policies to ensure the provi~ionf cf ~ueh policie~ are being met as he has received input from citizens throughout the County indicating conflicte between the engineers end the homeowners warranty group~. wt. Barber stated he has spoken with engineers who have done both County end HOW work and it is hie understanding that conflicts ha~e also arisen between the engln~rs and warranty Mr. Warren crated he doee not feel enough ~mphasi~ has been placed on the r~sponsibility of the h~ms build~r~ and ean~ra~tor$ and that the county ~ho~td bear part responsibility du~ t~ inspections not always being done p~cperly ~lbhsugh the county has implemented ~easure~ te avoid this from happening in the future. ~a further stated he feels ~h~ County should move forward and oc~e to closure on this issue as soon as posslble. Hg then referred to Options I.~ Iv., and VII as presented by homeowners and inquired as to th~ timefrm~e and mechanis~ the County can use to include repairs on a bond referendum. Mr. Ramsay stated it could be place~ ena ~sferendum in the Fall of 199~ and ~he Board would need to petition the C&rcuit Court to place the iLam on a referendum at least 60 days prior to the referendum. ~r, Warren requested staff ~o further revimw the possibility of placing such an item on a bend referendum and ts submit ~el~vant information to th~ Board as soon as poE~ible to de,ermine the feasibility of a referendum. TAere was ~rief ~isoussion relative to this information including the impact a bond referendum would have on the county's borrowing capacity for school and oth~ ~apital projects. Nr. Warren mtatmd h~ feels the County should pursue th~ Gptlon of asking builders to voluntee~ labor and materials to reduce repair costa and requested staff to identify, by specific lieting~ home builders who have built home~ in mhrink/ewsll soil areas and those builders who have built hemes identified a~ having serious shrink/swell moil problems. H~ further stated he feels ~his type of information should bs documented and name~ of those hemm builders should be on public When amked, Mr. Ps,themes stated h~ is unawar~ of e~y typ~ of mechanism which would allow the County to require home builders te contribute to a .superf~nd, for the purpose of using the funds %o repair hames damaged by builders. There was brief discussion relative to whether the Board of ~upervisor~ could approach the General Assembly to advocate establishment of a "euperfund" to include Stake participation or for authority by the Board of Supervisors ts implement such a fund within the County. Mr. Ramsay clarified the Board can submit a resolution to the General Assembly reguesting legislation to that effect. ~r. Warren stated he £eals the citizens have presented productive solutions to this problem, that the County has a moral and ethical duty to represent the eltizens, and indicated his support of the oiti=ens in developing a solution. He then inquired as to the mechanism availaBIa for the County to implement Option VIII., waiving real property taxes for homes needing shrink/swell soil repair until repair cos~s are covered, Mr- Micas stated under existing legislation, property taxes cannot technically be waived, hcwever~ thc Board could usa a mechanism similar tc ~ounty Option Number IV.~ in which a trust account could be created and th~ ~ax money woul~ go Mr. Warren stated h~ feels the County should aggressively involved in repairing tbs hones but not eliminating the responsibility of tb~ County and others involved in the Mr. Daniel stated he supports the citizens and the citizen use ta×payere' money in repairing homes damaged by s~rink/swsll indicated he could consider citizen Option II., which would ~ate to Day for repairs if it is a tax district and not applied County-wide; tha~ he does not Support using the projected F~4 establishing a home repair relief ~und from County revenu~ and VIII., which would waive prup~rt~ taxes fo~ homos needinq indicated hs ~ues not £eel th~ public would vo~e ~or ~uch a bund pool. He expressed concern relativ~ to the finenclal justification ia pursuing a ~ond pool as the County i$ currently at the maximum level of its borrowing capacity ~nd i~ not able to have a bond referendum for Schools un~il a~ least homes attributable to ~hrink/~well soil have had their further stated he suppor~ developing a pocl cf money to repair the County would be better s~rved in contributing to the long- Mr. McMale ~tat~d h~ is concerned about the County paying for sellers are private transactions, but could support assisting experiencin9 problems but feel the i~sue ie a private transaction a~d home repairs should not be funded by eiti~en~. Mr. Colbert instructed staff to present the informatlc~ requested and ~© brinq reselution of thim i~ne back to the Board at its April 27, 1994 meeting. Mr. Warren stated when the four new Board members took office, they visited homes damaged by shrink/swell soil and showed compassion for the citizen's. Ee requested ~aoh Board member to personally revisit sums o~ the damaged homes prior to addressing the issue on April 27, 1994. Mr. Daniel stated he also ha~ compassion fop the homeowners but tho County has limited financial resources and each ~uperviso~ may feel differently in p~ioritizi~g the needs of the County. He further stated he recognizes the personal tragedies citizens experiencing problems, but i~ concerned about precedent that may possibly be ~et. H~ res~ated he cannot ~pDcrt, in any fashion, public tax dollars being used for repair of homes damaged by shrink/~well soil. ~r. McH~le made R me,ion for the Beard ts add his option of the County creating s loan-guarantee program to include Options completing =~e existing assistance program and IIA., adding additional non-financial services tc the existing a~istancu program, tn sllow homeowners who have suffered damages to homes attributable to shrink/swell soil to borrow the fun~s ~e restore their hsme to its design standards. Mr. Warren secsnded the motion and requested tho Board to also There was brief discussion tala=ire ~o whet~sr a motion was required at this time. Mr. Warren stated h= feels the requests should be made in the form of a motion to clearly identify =he issues discussed and to let the citi~en~ know the Board of Supervisors is moving forward and will vo~e on :his issue on April 27, 1994. Mr. Daniel clarified :he intent of the motion b~ing for staff tO add, ess all issues discussed by the Bomrd of ~upervisors w~th the shrink/swell soil issue bein~ scheduled on the agenda for tho April 27, 1994 Dourd mepting. Mr. McHal~ concurred with Mr. Daniel. There was brief discussion relative to voting on th~ motioD at this time. On motion of Mr. Warrsn~ seconded by ~r. McHale, the Board suspeo~ed it~ rules at this ~ime and added ~c the agenda an item to clarify ~hrink/ewell moil asuistance options and timeframe £or resolution. Vt=e: Unanimous On motion of Kr, Warren, seconded hy ~r. McHale, ~he Boar~ added an sption for shrink/swell soil assistance far the County te consider cr~ating a loan-guarantee program including County Optio~ I., a~d IIA., to allow homeowners who have suffered damaged to their homes attributable to shrink/swell soil to ~tandards; instruched staff to present the information requested; and to bring this issue back to the Board at its April 27, 1~94 meeting for resolution. Vote: Unanimous S. ~OARD CO~4MITT~ ~ORTS There were no Board Committee ~epor%s at this time. 4. REOU~STS TO POSTPONE ACTION. E~SHGEHCY ADDITIO~, O~ On motion of Mr. McHale, seconded by Mr. Barber, the Deard added Item 8.B.14., Adoption of Resolution Recognizing the Honorable Marvin L. Garner Upon his Retirement ~rom the Juvenile and Domestic Relations District Court to follow Item Owned by Longm=adcw Farms Associates, Incorporated; added Item $.B.15.~ Refer to Planning Commission, for Their Review and Chesterfield, 1975, as Amended, Dy Amending and Eeenacting E~tabli~hment~ tm follow Item S.~.14.; s~ded Item 14.B., Adoption of R~solution E~cognizing ~BT Channel 12 for Sponsoring a Guns-for-coupon~ E~chang~ Prsgram to f:llow Item 14.~ Resolution Eecegni~iDg Meadowbrook Monarchs for their Outstanding Representation of Chesterfield County; and ~eplaoed the Bond Resolution for Item 15.~-, A Public H~aring tc Consider Adoption of Resolution to Authorize the County to Contract a D~bt and Issue its General Obligation Public Improvement Bonds in the Pr~nsipal Amount of $5,125,O00 end Interest ~arnings in the AmQunt of $145~0Q0 for a ~obal Increase in Appropriations in the FYP¢ Budget of $$~271,000 f~r the Purpose of Financing the Costs cf capital School Improvement P~ojeots in t~e County and~ adopted the agenda, a~ amended. Vote: Unanimous ~. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no R~$olution~ and Special Recognitious scheduled at this time. Mr. gtegmaisr stated this time has been scheduled for a work session to review the proposed FY95 budget and introduced ~. ~ammer to review the budget for ~anagsmsnt Services. Mr. Hammer presented an overview of Management Services including funds and cost centers; COnstitutional offioers; f~nancial and information e~rvices~ and 19~ technology initiatives consisting of the Treasurer's and Commissioner of Revenus~ collection and assessment systems, the Geographic Information SyStem (GIS] project~ the Proffers and conditions ~ystem, the Juvenile Justic~ case ~anagemen% $ystem being demigned~ improving the EMS Dispatching System, and the Police Records Managemen~ (RRS} System. There wes brie~ discussion relative to the Geographic Tnformatlon ~ystem being the main large file which shares information between systems and some e~ the systems b~ing micro and mainframe~based. Mr. ~am~er stated CommUnity Development ha~ d~velop~d a m~rat~g~c initiative cal~ed ANTEC which will provide bc~h division and architecture mechanisms and the county's Information sysLem Technology (IST) Department is working en development of an integrated database software system that will provide software logic, ~r. Ramsey no,ed the Department c~ IST al~o reviews cost benefits over the long term for project~ and higher prioritie~ are given to projects that show a benefit te the County. 3/23/94 Nr. ~ammer then presented an overview of the Depertment of Risk Management. There was brief discussion relative to the ~eneral Assembly flrefighters and enhances the coverage formally related to lung cancer and heart attacks. Mr. Ramsey clarified there was an increase in the fleet with the County, however, the costs have not increased County- wide. Hr. Ha~umer then pre~ented an overview of Solid Waste Management including ourbside recycling, d~op-off centers, transfer stations, the Northern Area Landfill closure, leaf ceilec~ien, trash collection, bulky waste, and contracts. He noted an on- demend call-in program for bulky waste will b~ added thi~ year. transfer stations and the coat effectiveneh~ of recycling. Mr. Kamm~r then presented an overview of Adminlstra~ion of Justice; Taxation Systems; and the T~tal Quality Improvement Program and noted Management Services has approximately 271 employees trained. He then reviewed consolidated service~ ~etween the County and · he~e was brief diseussiQn relative ts consolidation efforts between the County and Schools. to schools and ~he fleet management prs~ra~. He noted a cost savings to the School System of $360,000 will be guaranteed if certain fleet ~anagement £unGtlens suoh aa self-fueling of consolidation of the Walmsley Garage into the Krause Road facility are implemented. There was brief discussion relativ~ co the $960,000 savings being placed in School classrooms and services provided to the School SyEtem by th~ County. Mr. Hammer then introduued Nr- stith ~e present an overview of community Development. consists cf the Dep~rtments of Building Inspection, ~cenomic Development, Environmental Engineering, Planning, Transportation, Community Develu~man~ ~lock crank, Utilities, and the Office of the O~budeman. He presented an overview of the Building Inspec=icn Department and reviewed major responsibilities of the D~partm~nt including enforcing the Virginia Uniform State%~ide Building Code, the Building ~r, ~n~el $×cused himself from the meeting. ~r. Stith then reviewed productivity and efficiency meamur~ of the Department including training initiatives and skill upgrades of staff; addressing citizen concerns vislationa~ commu~licstion/networking~ and total reality incentive efforts focused on csn~isu~us improvements. He stated issues and UnfUnded requests for the Building In~pection D~partm~nt include important automation projects; implementation cf Coopers and Lybrand'~ audit ~4-193 3/23/94 requiring additional funding over the nex~ four fisca~ years; and funding for residential proffer inspections requirin~ a continuing commitment sf funds. Th0re was brief discussion relative to funding for residential proffer inspections requiring s continuing commitment of funds as it relates to additional personnel. Mr, Stith then presented an overview of the Economic Development Department and reviewed major r~ponsibilities of the Department including facilitating the development of sites, industry; developing, maintaining, and distributing current in~urma%ien required to effectively market chesterfield County[ d~veloping and ~aintaining a positive working relationship between the County and business/industry; increasing the commercial and industrial tax base by successfully locating desired businesses an~ industry through effective marketing activities; improving community ~nd~rstandi~q of ~ow businesses and industry help citizenry; and the C0unty'~ fiscal need for additional g~owth in the c~mm~rcial/industrial sector. Mr. Daniel returned to the meeting. There was brief discussion relative to the ~conomic D~velopment D0p~rtma~t having funds set aside for incentives; the County setting aside approximately $~00,9OO two years ago for incentives; and the rocom~sndation to s~ aside $10O,OOO for Mr. McHale excused himsel£ from the meeting. ~r. stith then reviewed productivity and efficiency me~ur~ of the ~conomic D~velopment Department and stated the Department's continued investments in in£ormation technology have improved efficiency, increased productivity, and reduced cost~. He s~a~ed issues an~ unfunded rsqumsts for the Economic Development Department include replacement of four microccmputer~ to accommodat~ usage of thm Geographic Imformation System (GIS) and LAN upqraoe end increasing the i~N operation to auto.ate additional operational tasks, ae then pre~ented an ovmrview of the Planning Department and re~imwmd major responsibilities of the Department including planning and ~maging th~ physical d~velupment of the County; preparing and updating the Comprehensive Plan utilizing citizen p~rticipation; ~inis~ration of th~ County's development ~eview ordinances - zonlng, su~dlvisicn, substantial accord, site plan, and other prus~ures an~ enforcement of said ordinances; and preparation of ~hnrt and long range ~opulstion projects and other demographic analyses. There was brief discussion reSative to sending out a news release regarding ~hesterfield Ce~nty recently surpassing ~enrico County in population. Mr. ~c~ale returned to the meeting. ~r- Stith then reviewed productivity and ~fficiency measures cf th~ Planning Department including changes implemented to the zoning procedures based on Planning Commission recommendations having improved public notification in zoning c~ses. Me ~t~tnd issues and unfunded priorities for the Planning Departmen~ includ~ an additional zoning inspector to maintain an active staff assistance to the Preservation Committee; and resources to prepare a Mistorio Preservation ~lan. Me then presented an overview of the Transpcrtatisn Department and reviewed major r~ponslbilities of the D~partm~nt including development review for ~ezonings, site plans, and tentative subdivisions; coordination with th~ Virginia bepart~ent of TraB~portation (VDOT) on primary and secondary allocations; construction/design projects for industrial access, revenue sharing, end VDOT projects; and participation, in regional organizations such as the Richmond Area ~etropolitan Transportation and Planning Organization, the rtl-cities Metropolitan Transportation and Planning organization, the Greater Richmond Transit Company, and Ridefinders. ~e then reviewed productivity and efficiency measures of the Department including managing and coordinating major construction p~ojects in order to accelerate progress schedulss; emphasizing quality custamer service by more i~vulVement ~ith citizen contacts; and involvement in reviewing and approving construction plans to ensure compliance with development requirements. E~ stated issues and unfunded priorities for t~e Transportation Department included preliminary engineering fur future transportation facilities; funding for major regional t~ansportaticn facilities such as Route 2gq and ~oute ~957 and the Clean Air AC% requirements for the Richmond nonattainment urea. He then presented an overview of the Environmental Engineering Dspsrt~snt and reviewed ma~or responsibilities of the D~part~ent including storm~at~r quantity and quali~y management; geographic information systems and mapping; house number admini~tratlon; soil evaluation and co~servation~ drainage facilities maintenance; str~t sign production, installation, and maintenan~ and streetli~ht program a~mlnistrati0n. Ee then reviewed pruducti¥ity and efficiency measures of th~ Department including ~ptlo permits and Chesapeake Bay Preservation Act (CBPA) reviews for FY9~ b~ing 11 perc©nt ahead of FYPZ; plan~ review workload for FY94 being ~ peroen~ ahead uf FY93; land disturbance permit issues for FY94 b~ing 19 percent ahea~ cf FY93; the streetl~ght workload program for FY94 being 40 percent ahead of FY~ in~psctions field activities fur F¥94 averaging S percent ahead of FY99; and current staffing not increasing which is %1 percent below 1991 authorized manpower levels. He sta~ed issues and unfunded priorities for th~ EnvirOnmental Engineering Department include the Environmental Protection Agency's National Pollution Elimination system (NPDES) p~rm~t compliance; funding mechanisms for NPDES compliance; and staffing needs for a GIS database ~dministrator, GIS spe¢i~list~ two senior construction/drainage inspectors, and two construction/drainage insp=ction supervisors. He then presented an overview of the utilities Dupartment and stated the Department is rated one of the best in the nation. K~ reviewed the Department's Capital Improvement Program for water and wastewater; the FY95 proposed operating budget for water mn4 wae=ewater~ end bi-monthly bill~ and Tapi~al cos~ Recovery (CCR) charg%~. There was brief diseKuuion relative to the issue of raimi~g rates system-wi~e to cover the anti=inured cost of separate metering for ir~zgation systems. Far, MeHate stated he feels a rate increase ~hould be deferred until the County realizes the actual numbers of thc~e individuals applying for the s~parate metar~. Ee requested sta£f to review the issue further before mubmitting a final recommendation on the amount of the rate increase. Mr. stith stated st~ff anticipates there wilI ~a a minimal number of hooka~s in existing homes, however, the impact will occur when new subdivisions are built. Mr. Stith continued to present an overview of the Utilltlss Department including pressure on rat~ being due tQ new environmental and safety regulations, inflation, and additional infrastructure; cost of regulation on th~ avarag~ residential bi-monthly bill; comparing a 19~9 combined 18 CCF bill increased by tko Consumer Priced Index (CPI] verdun actBal changes; the co~pa£i$0~ between"c~eate~field~ Henrioo, and Richmond in terms of average utility bills; and additional 3/2~/94 Treatment Plant ExDsnsion, the James River Trunk Sewer~ the James River Odor Control Facility, and the B~r~da H~dred pump Station. He then reviewed cost effective programs including Itrun hand-held computer~] the ~out~ Management Systems; the Electronic Document Management System; Customer Billing and Information System; in-house d~sign and construction; Capital Improvement Program rehabilitation projects; reducing overtime by more than 52 percent; providing a m~t~r lock program; increasing the number of ~¢~e~e ~ead Der day~ reducing staff ~rom 12 to 8 meter readers; reducing repair materials; and improving customer service. H= than revi=wed awarde recently won by the Department including t~e 1993 united Way Award of ~xcellence; the 1993 NACo Award: the Third Part~ Notification; and the 1992 Itron International ~et~r Reader of the Year an~ 1992 First Runner up. There was brief discussion relative to the site plan and subdivision revie~ revisions in Community Development. It was g~ner~lly mgreed tn recess for ~en minutes. Chief Eanes stated the Fire Department represents a customer- driven organiJation in whloh ~he citi~en~ health~ ~af~ty, and welfare are the focus of the Department. He emphasized important elements o~ the DeDa=tment including workload and utilization of personnel; ~tretch resources; amd r~spense tim= to emergencies t~at is increasing and ha~ inereese~ from 6 minutes in 19~3 to 6.8 minutes in 1994. Me noted the Fire Department continues to reinforce a quality circle and briefly reviewed the prooos~ followed im time of citizens' needs. He them reviewed major responsibilities of the Department iDulud~ng r~pu~ding to fire and related emergencies; pre- hospital emergency medical care; rescue and entrapmen~ situations; ha=ardons materials and environmental issues; and unusual conditions amd public service calls not assignmd to other County agencies such ~s industrial acoidsuts, ~ater- related rescue, &~d to,nodes and eevere weather. He reviewed the Department's preventive services including the Fourth Grade Fire Safety Program; citizen CPR training; environmental Committee; fire prevention inspections; plans review~ Code enforcement, tko swim Safety Program, and $~¢ Kids Coalition. He noted because ef the Swim Safety Program the County has significantly reduced ~he loss of llfe during the p~st two Program is very valuable tu young ~hiidr~n, Chief Eanes stated the emhanoement of the Clover Hill Fire were brought in under budge~. He then reviewed the number of annual responses for the Fire Department. increase in staffing during the time of increased ~nnual increases in staffing. Discussion, oommen~s, and quamtions ensued relative to the majority of response call~ being ~mergency Medical Service calls as compared ~o flre~calls; additional manpower needed in order for th~ Department to manage effectively in the the decline of volunteer fir~fi~hters at the Dale Fire Station; the needs at the Dale Fire Station as compared to other fire stations in the County; and contracting so,vices for high- demand areas as opposed te hiring full-time employees. Chief Eanes then reviewed the number ~ County-wide ~sr~eney Medical Service regpons~s; Bagie Life SUpport (BLS) care; and Advanced ~ifa Support (A~S) Care. He stated the goal of the Fi~e Department is to have emergency me~ical s~rvic~ unit~ on th~ scene o~ an EMS call in six minutes or less S© percent of th~ time and that the Department has achieved ~3 percent of that goal. He further stated due to increased workloads and less volunteers, through the re~cue mquads, it hem teen reduced to 49 percent attainman% of the six minute response time in 199] and hms decreased to 4~ perce~% this year. ~nen asked, he ~tsted in order to move toward meeting the goal, the Department would need additional staffed ambulances on duty at ice.floss. Mr. Mc~sle requeste~ ~taff to submit to the Board a recommended response time. heu=ed in the same building and addinq additional crews the schools to provide medical attention. Chief Eases then reviewed firs% unit on ~he scene ~riority 1 County-wide in 199]; percentages of volunteer fire apparatus Driver Safety Pregram~ and the County's Pire ~epartment being QuaSity Improvement (TQI) initiatives and achievements including the Stzategic Implementation Plan; the Strategic Trainia~ Program; quality council sontinulng to receive (EIG); emergency operations Process Action Team (PAT); and circulation of TQI infurmutien. He stated unfunded priorities include for the Fire Oepartment included reinstating three firmfighter/EMS-D positions; min%~um s~affing funding; relmst=ting six fir~fighter/EMT-S positions due to ambulance staffing; replacement pumpers; incrmame in engine company Station; increase in engine company staffin~ from three ~e Sour company staffing from three ~c four firefigh~er/EMT-D's at apparatus replaoemen~ and ~raffis control equipment. He further stated the philosophy of th~ Tire Department i~ to 94~197 strive to always leave the customers with more than they ~r. Ramsay requestsd the Board to take no action at this time to consider adopting an ord±na~ce rolatin~ tc prnh~biting leaf burning when it onuses or ~or~n~ the medical condition or illness of certain neighbors. On motion of Mr. Daniel, seconded by Mr. Warren, the Board deferred, indefinitely, uQnsideration to adopt, on an emergency ba~i~, end ~et date far public hearin~ ts readopt an crdin~nne ~o amend ~he Code ~ the County of Chasher£iald, 1975, as amended, by amending and ~eanaetin~ S~ctien 10-26.1 relating to prohibiting leaf burnin9 when it causes or worsens the medical condition or illness of certain neighbors. CONSIDERATION OF PORTIO~ OF A~ ORDINANCE TO D~MEND THE CODE O~ TH~ COUNTY OF CEESTERPIELD. 1978. AS A~ENDED, BY Mr. ~icas stated consideration of an ordinance rel~ing to boundaries of magisterial districts and voting pr~inctn and location of polling places was defe~r=d frc~ t~e Board ~eeting on March 9, 1994 and would s~lit the Meadowbrook and Beulah Voting Precincts to create a ne~ Bird Voting Precinct. There was brief discussion relative to the activity level at bhe ~aadmwbroek and seulah Voting ~reeincte in 19~2;' the ~eoe~t~endatien te ~plit Precincts being ~ore convenient for voters; whether i~ i~ necessary to split the Precincts at this time~ and Reaping t~e Precinot~ at t~e voter number re¢onnended by =ha state Board e9 ~lec=ions. On motion of ~r. Daniel, ~eoonoad by ~r. Warren, the ~eard adopted the following ordinancs: CHEBTERFIELDt 1978~ AS AMSNDED, BY A~ENDING AND REENACTING SECTION 7.1~1. RELATIKG TO BE IT ORDAINED by the Board of ~upervisors of Chesterfield County ~hat the Code o~ the County of chesterfield, l~TS, as &m~ded, is &~ehded by a~nding section 7.1 2 us follOWs: Section 7.1-2. Precinct boundarie~ and pollinc place~. Th~ following ~hall b~ the precinct boundaries and polling places fur magisterial districts in the county: DAL~ F~iBTSRIAL DISTRICT Beulah votino Pre~inct: commencing et the point.whore the canter:line of ~opkin= (State Route 637) intersects the center %ina of Cbippenham Perkwmy (state Route l~0}] thence p~Oeeedin9 southeastwardly along the centmr line of chippenham Parkway ('SLate Route 150} to its intersection with Dalebrook Drive (State Route 2455); thence southeastwardly along the center line of Dalebrock Drive (State Route 2455) to its int~r~ection with the Seaboard Coast ~uch right-of-way to its intersection with Kingsland cent~r line of Kingsland Road (~tat~ Rout~ 6%%) to in~ermectlon with Salem Church Road (State Route 642}; thence northwardly along th~ ~entar line of Salem Church Road Route 641] to its intersection with Beulah Road (State Route 641); th*ncc northeastwardly along the center line of ~eulah Road ($ta~e Route 64I) to itm intersection with Hopkin~ Road (State Route 637); thence preceedin~ northwardly along the center llne of Hopkine Road (State Route 637} to its inter,action with Chippenha~ Parkway (State Rou~e l§O} t the point and place of beginning. The vctin~ place for Beulah Votin~ Pre~inct shall be Beulah Elementary School. 4~%6 ~eulah Road. Bird Voting Precinct Commencing at the point where the center line of Iron Bridge Road (State Route 10) intersects the center line of Kingmland Creek; thence eastwardly along the can~er line of Eingsland Creek to its intersection ~ith Beulah Road (SLate Route 64I); thence mouthwestwardly along ~he center line of Beulah Road (State Route 641) to its interzection with Salem Church (State Route 642); thence sou~hwardly alon~ the center llne of salem Church Road (St~t~ Route 642) to its intersection with creek known as Great Branch; thence westwardly along the center line of said creek to its intersection with Krause Road (State Rou%e ~o~); ~henoe northwardly along the center line of ~rause Road (State ~cuta 905] to its intersection with Courthouse Road (State Rou~e 2099); thence westwardly along the cente~ line of Courthouse Road (State Route ~099) to its intersection with Iron Bridge Read (State Route 1O)~ thence proceeding northwardly along th~ center line of Iron ~rldge Road {State Route 10} to its intersection with Eingsland Creek~ the point and plac~ of beginning. The voting p~ao~ for ~lrd voting Precinct shall ~e Bir~ High seheol~ lQ301 Courthouse Meedewbrook Votin~ P~ecinct: Co~eneihq at the point where the canter line of Iron Bridge Road (State Route 10) intersects the center lin~ cf chippenham Parkway (State Route 1~0)7 thence proceeding southeastwardly along tRe center line of Chlppanham Parkway (State Route 150) to it~ intersection with Mopkins Road (State Route ~37); thence ~roceeding sou~hwardly along the center line of Hopkin~ Road (State Rou%e 6~7) to its intersection wi%h Seulah Road (State Route 641); thence proceeding gouthwe~t~aTdty along the center Kingeland Creek; thence we~twardly along the center line of Kingsland Creek to its intersection wi%h Iron Bridge Road (SteLe Ro~te 10); thunc@ proceeding northwardly along the center line of Iron sridge Road (state Route 10) to its intersection with Chippenham parkway' (state Route iS0). the pole= and place of beginning. The voting place for Meadowbrook voting Precinct shall be NEw covenant Presbyterian Churoh~ 6415 Iron Gate (2) That this ordinanea shall ~scome immediately upon adoption. Vote: Unanimeus Mr. Warren, =he Board tabled consideration of a s~reetlight Road and Whistlin~ Wstl Court, in Dale Magisterial District. ~. N~W BUSINESS 8.A. 89REETLI~HT IN~TALLATION COST approved the followin~ streetlight inetullation cost Countv-wide Streetli~ht Account Amd, further, the SQard deferred consideration of a str~etlight Drive and Northland Drive, in Clover Hill ~aglsterial District, UPGRADE AT COUNTY JAIL On motion of M~. Barber~ seconded by Mr. NcHale, the Board appro¥~d a request from the County's Sherif£'~ 0£~c~ to CorrectiQns for lighting uggra~s a~ the County Jail. (It i~ returned to the General Fund+) Vote: Unanimous AWARD OF CONSTRUCTION CONTRACT TO SALE CONSTRUCTION On mctlon of Mr. Barber, seconded by Mr. McHale, the ~oard awarded a construction contract to Sale ConstruCtio~ Company, in the amoun5 of $1,527,600, for construction of the new Ben~iey Fir~ Station #3. (It is noted this project is a substitution for Ce~terPoin~e as part of the FY 1988 bond refarendum and funds for CenterPoint~ were designated in th= 94-200 3/23/94 time of this substitution,) p~oject~ (available FYgB) mt the AUTHORIZATION FOR COMMUNITY SERVICES BOARD TO F~R~F APPLIOATION POS g~DERAL TRANSIT ADMINISTRATION IF AWARDED authorized the Community services Board tc make application for the Fmderal Trangit Administration Section 15 Grang from the Virginia Department o~ Transportation and accepted and appropriated funds, if awarded. VD=e: Unanimous (It is noted approval ~f ~pplioation for =his grant and appropriation of funds received will all©w %he department to do the following: Lo¢al Match Mental Health Operating ~ud~ 1,900 Lift Total Uses $49,500 Any additional operating/maintenance oost~ will be funded through operating lines of the degartment's existing budget.) ADOPTIO~ DF UPDATED ENHaNCEMeNT PROJECT ~RIORITY 60/MIDLOTRIAN ViL,~AGE LANDSCAPING PROJECT O~ Rotion Of Mr. Barber, seconded by Mr. Mc~ale, th~ Board adopted the u~dated FY95 Enhancement Project Priority List and adopted the followin~ resolution: ~EREA~, in accordance with Common~¢~alth ~uar~ (CT~) construe%ion allocation procedure~ it that the local governing body requ~t~ by resolution, approval c~ ~ha proposed enhancement project~ NOW, THEREFORE BE IT RE~OLVED, that th~ Board Of Sup~rvi~or~ of Chesterfield County request~ the CTB to establish a project to provide Phage I of the Route E0/M~dlothian Village Landscaping/Sidewalk Project. AND, BE IT FURTKER ~E$OLVED, ~ha~ the Board hereby agrees that the Village of Hi,lothian voluntcer Coalition will pay 20 percent of the to%al ~etimated co~t oS $20,000 for planning, de~iqn, right-of-way~ and construction cf the landscaping/sidewalk projsc~ and ~hat~ if the Board Ches=erfield hereby a~re~s ~ha~ ~he virginia Department of Trahupertatiun will be reimbursed for the total amount Of the costs ~xpe~de~ by the Department through the date the D~partnent i~ notlfi~d of ~uch canc~llation~ 3/2~/94 Vote: Unanimous (It is note4 a copy of the updated FY95 Enhancement Prnject Li~t i~ filed with the papers of %his Board.) OD motion of Mr. B~rbe~ seconded by Mr. McBalo~ the referred to the Planning Commission, for their review and recommendation, an ordinance to a~end the Code of t~e County Chesterfield, 1978, as amended, by a~ding Sections and ~1.1~11.2 relating to conditional zoninq; se~ the date of April 27, t994 at 7:GQ p.m. for a public hearing to c~nmlder the a~endment$; an~ waived th~ zoning disclosure requirement. vo~e: Unanimous SET DATE FOR PUBLIC H~AR~N~ TO CONSIDER GRATING OHE~T~R~I~LD CABL~VIZION, INC. A R~EW~L OF ITS CABLE TELNVISION FRANCHISE A~D ADOPTIO~ OF ~ME~DHENTS..~ CHABTER 7 OF TK~ COUNTY CODE RELATED TO PROVIDING OABLE the da~e of April 12, 19~4 at 7:00 D.m. for a public h~uring to renewal of it~ cable Television ~ran=hi~e and adoption of Ches~r£ield, 197S, as amendsd~ r~lating to providing cable television services in the CoUnty, Vote: Unanimous RECONFIRM REaOLUTION~ AND SPECIAL ~ea~d meeting. EECOGNIZING THE FEDERAL ~R~ENCY ~ANA~M~NT AGENCY VIRGINIA BEACH, FOR T~IR SUPPORT A~D ASSISTANCE TO only 25 ~pecially equipped and trained search and reso~e t~ams ~EREAS, On August 6, 19~3, tho Che~terf~el~ County Fire H~ights, V~rginla, wh~re multiple collapsed buildings and widespread destruction occurred in %~e Darn of a killer 2 Team promptly mobilized 5S team members and responded to am~ ~he Team arrived with sslf-~ufficlemt capabilities for 72 hours; the ~peeial~ed reconnais~amco t~ams included rescue and medical technicians and structural engineers; and the support and staff included documentation and logistical technicians, phy~ician~, a mobile .f,i~ld office, and. a mobile medical intensive care unit; and 2 Team readily integrated into the established Incident Command System a~ provided b~chnical advice~ detailed search and NOW, T~EREFO~E BE IT R~$OLVED, that th= Chesterfield County Board of Supervisors recognizes and extends its respect and ~titude to the Urban Search and Rescue - Virginia Task and responses rendered to the emerqency services personnel of checterfiel~ County, Virginia. AND, BE IT FURTHER RESOLVED~ that a copy of this re~olution be pre~eDted to the Urban Search and Rmscua virginia Task Force 2 Team and this r~snlution be permanently recorded among the papers of this ~oard cf ~upervisors of Chesterfield county, Virginia." RECOGNIZING ~RS. MELVINA T. JUSTUS UPON HER RETIREMENT 'rWHEREA$~ ~rs. Mslvinu T. Justus will retire from the Chesterfield County'~ ~partmeD% O£ utilities en ~arch 31, 1994; amd WHEREAS, Mrs. Just~s beg~n her public ~ervice with chesterfield County in 1964 ac General office Worker in the Engineering and Utilities Department and, by virtue of her posi~iuns until her promotion in 1979 ts Billing and customer a relatively small utility to one that now has aver 69,700 Operations by assisting with the selec%ion~ training, and implementation of a modern state-of-the-art billing syscom (CUBIS} and an Electronic Automated Call Distribution Telephone System (ACD). Ceunby ~o~rd of Supervisors publicly recognizes ~rc. Nelvina T. J~tu~ and extends, On behalf of its members and the citizens of chesterfield County, their appreciation for her 30 yssrc of resolution be presented to ~rs. Jus~us and that t~i~ resolution Supervisors of Chesterfield County, Virginia.'~ RECOGNIZING MRS. LUCILLE CHEATHAM MOSELEY UPON HER RETIRE~ENT 'IWHEREAS~ Mrs. Lucill~ Cheatham Mo~lsy, will retire on ~aroh 1~ 1994, after serving from 19~4 ~c 1~4, as Executive Dirncter of the Chesterfield Historical society~ and WHEREA$~ duriuq Mrs. Moseley's ten years of ~erviee she has promete~, ~upervi~d, and m~intmine~ a progressive, comprehensive program developing interest in the history of chesterfield County through the Chesterfield Historical $ociety~ its cammittees~ and facilities; and WHEREASt Mrs. Mnselsy was a principal promoter of £orming to preserving e~id~nce of Chestarfi~Id County's history; and WH~R~AS~ Mrs. Moselcy served as the society's first program chairman, its second president, and a member of the Board of Directors~ as w~lt as serving on numerous committees; promoted the donation cf arti£ac~s by County oiti~eD~, thus enlarging the collections of th~ Museum and Maqnolia Grange; and annually produced and coordlna~sd "Plantation Day~ which sei~brated the opening of Magnolia Grange a~ a house mu~ezh~; WHEREAS, Hrs. Heseley inspired, notivatad, and traine~ volunteers who contributed %heusends of hours at the museum complex; initiutud the collection of materials for the Research Library of She society even before the Society was organized7 was responsibl~ for an energetic educational program for Coun=y a=hool child:an by conducting sokool tours t~rough the museum complex for over ~©©0 students each year; and was responsible for ~he Old Courthouse and Courthouse Square beiug accepted on the National Ke~ist~r of Historic Places; and WHEREAS, Mrs. ~eseley ~a~ b~en a major fund raiser for the society's operating fund and special projects by encouraging donations, writing grant propouals, and ensuring that historic properties were in sound financial eondltisn; and offioers~ and directors well informed regarding the ae~ivlties WHEREAS, ~=s. Moseley's dedication, loyalty, and involvement has been of such magnitude it has brought credit not only upon ~erself and the chesterfield ~istorical Society, service to the Chesterfield Historical Society and wishes her resolution be presented to ~ra. Mossley and that this Committee for =he past ~hlrty ysara~ since ~ovemb~r ~, 1964, ~inoe 1983 as a Museum Guide ~or school shildren and adults; numerous museum conferences and meetings of historical societies in Virginia; and WHEREAS, Mr. heseley has contributed bib talents of design and carpentry in the creation of display areas and the "County meetings and special svanhs by assisting in the preparation of these m~etings and by always providing a smile and warm welcome appreciation to Hr, Edward A, hoseley, Jr. for his service to AND, DE IT FURTHER RESOLVED, that a cody of this authorized the County Administrator to make application for Chesapeake Bay Local A~si~taDc~ Department Grant Funds and Local Assistance DepartMent Grant. (It is noted the $1~,000 is included in the appropriations resolution for FY95.} Mr. ~icas ~aul~red a conflic¥ of interss~ under ~he Virginia Conflict of Interest Act for the request by St. Michael's =pis¢opal School as one of his c~ild~en at=ends the School. approved the following bingo/raffl~ p~rmits for FY94: Oruanixation Type The Ben Air ~ Midlothian Lions Raffle ~t. Michael's ~piscopal School Parents Association Raffle of Police f47 Raffle Thomas Dale ~areaTs Graduation Committee, Inc. Raffle Cavalier Athletic Club~ Inc_ Bingo ~/23/94 $.B.iO. STATE RO~D ACCEPTANCE This day the County Environmental Engineerr ~n accordance With directions from tkis Board, made report in writing upon his examination of the roads in Forest view, section l, Matoaca District, and Whereas, th~ Resident Engineer for the Virginia Department of Transportation has advised the Director cf Environmental Engineering, the street(s) in Forest View~ Section 1, Matoec~ Dis%rice, m~at tho requirements established by the Subdivision Street Requirements cf the Virginia Department Transportation, and Whereas~ the County and ~ha Virginia Department of ~ransportatlen have entered into an agreement, r~corded in Deed Book 2&59~ Page 405, Janna~y 21, 1994, for all detention/retention facilities in the County- Therefore, upon consideration whereof, and on motion ~f in Forest View~ Section 1, ~atoaoa District, be and they hereby are established as public And be it further resolved~ that t~e Virginia Department of Transpcrtation~ be and is hereby requested to take into the Secondary Syste~, pursuant to Section 33.1-229~ ~ode of Virginia, and the Department's ~ubdivisien Street Requirements, the followi~g~ N~mo of ~treet: Birdbrook Drive Length: .11 miles To: the dead end Guaranteed Right of~Way Width: 5~ fee~. Name of Street: Rollingside Drive Len~h: -0~ miles Fro~: the inter~ction of Birdbrook Drive To: the end of Forest View, Section 1 Guaranteed Righ~-of-Way Width: 50 feet. Name of Street: Frye Court Length: .03 miles From: the intersection of Rollingslde Drive To: ~h~ eui-da-sac Guaranteed Right-of-Way Width: 50 feet, This request ia inclusive of the adjacent slope, sigh= distance, clear zone and designated Virginia Department of Diet. These roads serve 20 lots. Thi~ day the County Environmental Engineer, in accordance with directions £rom this Seard, m~de report in ~ritihg upon his examination ef the road in Forest View, Section 2, ~atoacu District, and Whereas, the ~eeident Engineer for the Virginia Department of Transportation has advised the Director of Environmental ~ngineering, the street in Forest View, Section 2, ~etoaca District, meets the requirements established by the subdivision Street Recuirements of the Virginia Departmen~ of Transportation, and 94-20~ 3/~3/94 Whereas, the County and the Virginia Department of Transportation have ~ntef~d into an agreem~ht, recorded in Deed Book ~453, Page 405r January 2%, %994~ for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Barber~ eeoc~ded by Mr. ~cHale~ it is resolved that the road in Fores% View, Section 1, Zatcaua District, ba and it hereby is established as a public road_ And be it further resolved, that the Virginia Department of Transpertstion, be and is hereby requested to take into the Secondary System, pursuant t~ Section 3~.1-~, Co~e of V~rginia, and the Department's Snbdivisien Street Requirements, the following: ~n~ of ~treet: Rollingside Drive Length: .14 niles ~rom: =he end of Rollingside Drive, Section 1 To; the cul-de-sac Gna~ant~ed Ri~ht-ef-Way WidthJ 50 feet- Thi~ request is inclusi~e of the adjacent slops, sight dlstanc~, ol~ar ~one and d~signsted Virginia Department of Transportation drainage easements indicated on the devel:pment This read ~erves 16 lc~$, This section of Forest view is recorded as follews: Section 2, Plmt Book 65, Pag~ 59, March 6~ 1989. vote: Unanimeu~ This day the County ~nvironmental Engineer~ in accordance with directions from this Board~ made report in writing upon his e×amin~tion of th~ read in the remainder of Triple Crown, Section 2~ M&tcaca District, and Whereas, the Resident Engineer for th~ Virginia Department of Transportation h~s a~vi~ed ~ha Dirmcto~ of Environmental Engineering~ the ~tr~st in the remainder of Trip%e Crown, Section ~ ~a~oac~ Dis~rlc%~ meets the raquirementm as~abliehed by the Subdivision .street Requirements of the Virginia Department of Transportation, and Whera~s, ~ha County amd ~he Virginia Department of T~ansportaticn hay= entered into an agreement~ recorded im Dee~ Book 2453, Page 40~, Jmnunry 21~ 1994, for all stormwater detention/retention facilities in the County. Therefore, upon Consideration ~h~reof, and on notion of Mr. Bar, ar, seconded by Mr. MoHale~ it is resolved that the road in the remainder of Triple Crown~ Section 2, Matoaca District, be and it hereby is emtablimhed as a public road. And be it further resolved, that the Virginia D~partment of Transportation, be and is h~r~by requested ~n tak~ into the Seoondary Syste~, pursuant to Sectio~ 33.1-229~ Code of Virginia, and the Department's subdivision Street Requirements~ the following: Na~e of Street: Deer Run Drive Length: .09 miles rrna: o.01 mile east cf Ruute 490& Guaranteed Right-of-way Width: 60 feet. 94-207 3/23194 This request im inclusivu of the adjacent slope, sight distance, clear zone and designated Virginia Department of Transportation drainage ~ago~nts indicated on the development plat. Thi~ road serves az acc~s~ to adjacent residential subdivisione. This section o~ Triple crown is recorded es follows: Sectio~ 2, Plat BOO~ 55, Pages 27, ~, ~ 29, December 9, 1988- Vote: Unanimous ~AIE O~ DREWRY'S RLUFF ROAD On ~otion of M~. Barber, seconded by Mr. McHale, ~he Board authorized ~he Ceunty Attorney to proceed with eminent demain, water main on Drewry's Bluff Ro~ and authorized the County 24, 1~94 of the County's intention to take possession of the easement. Iii is noted a c~py of the plat i~ filed with the papers ef thi~ ~oard.) necessary deed. (It i~ note~ a copy of the p~at is filed with th~ papera of thi~ Board.) ~.B.12.b. ALONG RHODES LAmB ~ROM ~R. WILLIAm4 ~REDDI~ I. OVERB¥~ MR. ~CNAL~ C. O~ERBIND: AND ~R. OTIS ~- AND MS. J~J~E ~. ROYBTER On motion of Mr. Barber, meconded by Mr. ~cHale, th~ Bcerd accepted, on behalf of th~ County~ th~ conveyance of the following psrcela of land along Rhodes Lane and authorized t~he County ~dmini~trator to execute the necessary deeds: Otis ~-, Jr. and ~e. Jane Y. Royster ACREAGE 0.0~ 0.08 0.26 O.O1 0-15 (It is noted copies of the plats ere filed wi~h the papers of this soar~.) .~ ~ authorized the Cnalrman of the Board and the County width drainage easement (private), a 16 leah temporary d~aina~e ~as~m~nt, au~ a 16 foot t~porary ingress and egres~ ea=ement A virginia Corporstion~ in proposed Lyndhurst, Section T. (It is noted a copy of the pla= is filed with the papers of this Board.) ~ARVTN L. GARNER UPON HIS RETIREMENT FRO~ THE J~VENILE adopted the following r~solutiun: County Police Dispatcher and Patrolman from 195~ - 1963; end ~EREAS, upon ~raduatian from the T. C. williams School Of Law at the University of Richmond in 1966, ~arvin L. Garner practiced law in Chesterfield County from 1967 - 1979 -- until Deo~mbar, t96~; and W~EREAS, In 1976, Marvin L. Garner ~as appointed to serve in the capacity of substitute Judge of th~ Chesterfield County Juvenile and Domestic Relations Dimtrict Court and in 1979, Was appointed a~ Judge of this Court in the Twelfth Judicial Diatrlct~ where he ~ervad for fourteen year~ and concern for th~ youth of Chesterfield County; and career as a Juvenile Court Judge on ~arth 1~ 1994. NOW~ THEREFORE BE IT RESOLVED, that the Chesterfield Nar¥in L. Garner for his distinguished and dedicated service to the field of Uurisprudsnce and expresses ~heir be~t wi~hes for AND, BE IT FURTHER RESOLV~D$ that a copy of this re~olution be appropriately prepared and presented to Judge Garner and that this resolution be permanently recorded among the papers of this Board of Supsrvlsors of Chesterfield County, Virginia. Vote: Unanimous 94-2o9 ~12~194 ........ , ........ 1 1-- q ITM -.r - . REFER TO PLANNING COF~ISSIO~, ~OR TEEIR REVIEW AND OOU~T¥ OF CHESTERFIELD, 1978, AS ~MBNDED, ~Y AHENDING AND R~NAOTING ~E~TIO~$ ~1.~-%76 AND~X.1-2~i RBLATIN~ TO ADULT E~TERTAI~MENT ESTABLIEHHBNTS After brief discussion, on ~etien sf Mr. Barber, seconded by Mr. McHale~ the Board referred to the Ptannin~ Commimmiun, for their review and rscommendation~ an ordinance to am~d the Cede of the County of Chesterfield, 1978, as amsnded, by amending and reenacting Sections 21.1=176 and ~1.1-2~1 relating to adult a~tertainment establishments and ins%ruo~ed the Commission to bring its re~o~mend~tion to the Board by May 25, 1994. Uote: Unanimous 9. ~EARINGS OF CITIZENS OM UNSCHEDULED ~ATTERE OR CLAIMS There were no ~earing~ of Citizens on Unscheduled Matters or Claims scheduled at this time. 10. RE~ORTE On motion of Mr. McHale, seconded by ~r. ~arber, t~e Board accepted ~he foll~wing r~ports~ Mr. Ramsay presented the Board with a water and ~ewer contracts executed by the County Administrator. Mr. Ramsay presented th~ Bonrd with a status report on the General Fu~d Balance~ Reserve for Future Capital Projeots; District Road and Street Light Funds; L~ase Purchases; and School Board Agenda. Mr. Ramsay stated the Virginia Department of Transportation has road~ into the State Secondary System: FINCHLEY. SECTION F - ~Effectivu 2 29-945 Route 2597 (Bnndurant Drive) - From Route 3992 mile East Eou~e 3~9~ 0.~4 Mi Route 5994 (Jodie Terrace) - From Route to 0.09 mile North Route 2567 0.09 Mi TRIPLE CROWN, SECTION B - iEffec~ive Route 4906 (Belmont Stakes DriYe) - From RoUte 4700 tO 0.17 mile northeast ~QU~e 4700 Q.i~ Mi Route 4916 (Belmont Stakes Court) - From Route 4906 to 0.09 mile East Route 4906 0.09 Mi Rout= 4920 (Kentu=ky Derby Drive) - From Route 4700 ~e 0.~ mile North Route 4?00 0.t2 ~oute 4700 (Deer Run Drive) - From O.01 mile Route 4921 (War Admiral Drive) - From Route 3/23/94 Route 4917 (Count Fleet D~ive) F~om Rou~e 4921 to 0.~6 mile ~orth Route 4921 Route 4919 (Affirme~ Drive) - Fro~ Routs to 0.15 mile North Route 4~21 Route 4918 (Assault Drive) - Fro~ Route 4917 to Route 49~9 NEW ROCM~LLF - (Effective 9-7-94) Route $25 (Bermuda Orchard Lane) - From 0.87 mile South Route 4870 to Route 4877 0.15 Mi Route 4874 (Rothschild Drive) F~em RoUte g28 to 0.~9 mile East Rou~e 828 8,19 Mi Route 487~ (Hotlingsford Drive) - From Route 4874 To Route 4876 0,07 Mi Route 4876 (WellshJre Place) - From 0.1O mile West Route 4875 to O.Q9 mile Ea~ Route 4875 0.19 Mi Route 4877 (Martlne~u Drive) Pr~m Route 828 to 0-~ mile East Roufe ~2~ 0.25 Mi Route 4878 (Coppertcn Circle) - Prom Route to 0.04 ~il~ South Route 4877 0.04 Mi ANTLER RIDGE, SECTION 5._.7 (Effective 5-9-94) Route 4920 (Kentucky Derby Drive} - From Route 4700 to 0.27 mile Southwest Ro~te 4?OO 0.27 Mi Route 4~08 (Gallant Fox Drive) - From Route 4920 to Route 4909 0.11 Mi Route 4823 (Galla~ Fox Turrace) - Prom Route Route 4924 (Ken%~cAy D=rby Court) - From Route 4920 to O.0~ mit~ Northwest R~ute 49~0 HOLLY TRACE. S~CTION B - reflective Route 38~S (Holly Trace Court) - Item 0.01 ADDITION - (Effective 3-11=94) Route l~71 (¢kestertown Road} - Seoeion three Project: 00~0-020-~],8,C001,8616 0.83 211 Route 395~ (Kou£ax Drive) - From 0.03 bile Route 39~7 (Koufax Court} - Fram Route 3951 Vats: Unanimeus 11. on motion of ~r. Colbert, s~conded by ~r. ~arber, the Board ~eoessed to t~e Administration ~uilding, Room 502, for dinner. Vote: Unanimous 12. Mr. Colbert introduced Reverend Rite Calli~, Pastor of Bermuda Hundred United Nethediat Church, who gave the invocation. ~24~RICA led the Pledge of Allegiance to ~e Ylag of the unite~ etat~s RESOLUTIONS A~b SPECIAL RECOGNITIONS COUNTY Mr. etith i~t~oduued t~s coaches and players of the High School Monarchs boys basketball te~m who w~re present to reeeiv~ th~ r~solutions. On motion of the Beard~ the following resolution was adopted: W~EREAS, participation ia ~ig~ SOhOO1 Sparta has long an integral part cf Chesterfield County's e~ucational program tu de~elop students~ and W~EREAS, th= 1993~94 ~eadowbrook ~onarohs boys basketball ~sam finished ~he season wi~h a 25-~ record; WHE~EA~, ~hs Meado~roo~ Monarchs won ~he central District Championship; the Central Reqion Championship; and the State Cham~ionshi~ in G~uup AAA~ and wHEREA~ the Msadowbrook Monarchs were the Associated Press top ranked team in the State during January and February of 1994 and top rankmd team at the conclusion of the and WHEREAS~ the Meadowbroek Monarchs ranked 9th in the Southern Re,ion by ~SA Todav and tied for 3and nationally in the United Sta~es by USA TodaY; and sasketbalI championship ever in chesterfield county; and W~REAS~ the citizens o~ Cheeterfiel~ County continue to support the interscholastic activity programs for students. { { County Board of .Supe¥~i~o~ does hersb.y recognize the Meadowbrook Monarchs boys b~ske%ball Zeam for its'outstanding representation cf Chesterfield County. AND, B~ IT FURTHER RESOLVED, that the Board of Supervisors, oh behalf of the citizens of Chmst~rfield County, does hereby commend the Meadowbreek Munar~hs for their commlt~ent to excellence in the classroom and on the court and express their bast ~iehes for continued suucess. Vote: Unanimous Nr. Daniel presented the executed resolutions to the players and coaches, congratulated them on their outstanding achievements, and wished th~m well in their future endeavors. On motion o% ~r. ~aniel~ seconded by Mr. ~cHale, the Board ~nspended its rules at this time and amended the agenda by appropriatin~ $2,000 from the Dale Magisterial District Three Cent Road Fund to ~eadowbrook ~igh School for ~raveling expenses for the Meadowbrook High School Monarchs Basketball Team. Coach gutton expresmad appreoia~ion~ on behalf of the team, for the recognition and finaneial auui~tanc~ and presented championmhip T-Shirts to each Board membsm. On m~tion of the Board, the following resolution was adopted: WHEREAS, %~WBT Channel 1~ sponsared a Guns-for-Coupons o~%i~ens who exoh~Dged them for coupons wor~ $100 in weapons, effectively removin~ them from the str~tu; and WHEREAS, WWBT cut their own operating budget drmmuticmlly the $92,600 needed tu puruhas~ th~ coupons; an~ W~=R~A$, ten of ~he weapons turned in were identified as stolen; and WHEREAS, 9~BT has made a ~ajor c0DtrXbuticn ~o crim~ prevention through this Program. initiative and sacrifice in i~plementing and supporting thi~ Program which will reduce the number of crimes involving Mr. Colbert presented the executed resolution to Mr. Shreavee, accompanied by Ms. Nancy Ta%e~ a reporter for ~%~T Channel 12, and expressed appreciation to Channel 12 for their sponsorship of the Guns-for-Coupons Exchange Program. Mr. Shraaves expressed appreciation ts the Board for the recognition. 15. PUBLIC NEARINSS 15,A. TO CONSIDER AUTHORIZING THE COUNTY ADMINISTRATOR TO CO~rV~Y TO J. M....~LTS~ I~0., OR ITS DN~NEE TWENTY ACRE~ MORE O~ LESS,___O~ A pARCEL CURRENTLY OPTIONED BX THE COUNTY FRONTING RUFFIN ~ILL ROAD A~PROXI~TELY 550 FEET FRCM CONTINENTAL BOULEV~/~D Mr- Ramsay stated this date and time has been advertised ~or a public he=rin~ to consider authorizin~ the County AdministratOr to convey to J. M. Mullis, Incorporated! or its designee, twenty acres, mor~ or le~s, of a parcel currently opti~ned by the County front Ruffin Mill Road approximately 550 feet from Continental Boulevard; however, staff is requesting th~ Board d~f~r the public hearinq until April 12, 1994- On motion of Mr. Daniel, seccndud by M~, Warren~ the Board deferred a public hearing to consider authorizing the County Ad[ministrator %0 convey to J. M. Mullis, IncurpOrated~ or its deeignes~ twenty acres, more or l~ss, of a parcel currently optioned by the County fronting Ruffin Mi>l Road approximately 55~ feet from Continental Boulevard until April 12, 1994. THE COUNTY TO OCNTKABT A DEBT AMD ISSUE ITS ~E~ERAL OBLIGATION PUBLIC IMPROVEMENT BO~Ds IN THE EARNINGS IN THE ~OUNT O~ ~146,000 ~0~ A TOT~L INCREASE IN A~BRO~RIATiO~$ IN TRE ~Y94 BUDGET OF C~IT~L SCHOOL iMPRBVEMBNT PROJECTS IN THE COUNTY Mr. ~te~Tmaier stated thi~ dak~ and ti~e ha~ been advertised for a public hearing to consider adoption of a r~solution authorizing the County to contract u debt and issue its general obligation public im~revemant bonds in =b~ principal amount of $5,525,000 and interest earnings in the amount of $146~Q00 for a ~otal inor~a~ in appropriations in the FY94 budget of $~,27~,000 for the purpose of financing the cost of Capital School Improvemen~ Projects in the County an~ to authorize the County officials to e×ecute n~ce~sary bond sale documents. No cna came to forward to speak in favor of or against thi~ On motion of Mr. McHale, seucnded by ~r. Esther, %he ~oard adopted the following resolution and authorized County RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TQ EXCEED $8,125~000 GENERAL OBLIGATION SCHOOL BONDS County of Chesterfield, Virginia (the "County")~ ha~ det~rmlned 94 21~ 3/23/94 $8,125,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for sohool purposes; end · ~-:: ~ ".' ~"' ~ WHEREAS~ the County held a public burring, duly noticed, below) in accordance with the requirements of Bection 15.1- ~27,$.A, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School B~ard of the County has, by rauclu~ien, requeste~ the Board to authorize the isnuanoe of the Bends (as hereinafter defined) and consented to the i~sma~oe of the BoRds; ~OW~ THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TN~ COUNTY OF CHESTERFIELD, VIRGINIA: l. Authorization cf Bunds and Usa of Proceeds. The Board hereby determines that it i~ advisable to contract a deb% and issue and sell its general obkigatlcn school bonds in an a~gregate principal amount not to exceed $S,~5,090 (the "Bends*') for ~h~ purpo~ Of financing certain capital prcjeet~ for school purposes. The Bna~d hereby authorizes the issuance established pursuant to this Resolution. 2. Sale of the Bonds It is determined to be in the best interest cf ~he County to accept the offer of the Virginia ~ublic School Authority (the "VPS~") to p~rehase from the County, and to sell ts the VPSA, the Bond~ at par upon the terms established pursuant ts this Resolution. The Chairman of the Board, the County Administrator, and such officer or officers of the County as either may designate ara hereby authorized and directed to enter into a Bond Bale Agreement dated March 18, 1994, with the VPSA providing for the sale of %he BO~ds to %he VPSA in substantially t~e form submitted to the Board at this meeting, which form is hereby approved Ith~ "Bond Sale Agreement"). 3. Details of the Bonds. The Bends shell be issuahle in fulSy registered for~ in denumlna~iona of $5,QQQ and whole multiples thereof; shall be dated the dat~ of issuance and ~elivery of the Sonde; shall be designated '~Gsnsral O~ligaticn School Bonds, Series 1994A"; shall bear interest from the date of delivery thereof payable semiannually Qn each January 1~ and J~ly 15 beginning July 15~ 1994 (each an "Interest Payment Date"), at the rates established i~ aooer~e~oe with Section 4 of this Resolution; und shall mature on July 1~ in the years (each a "Principal Payment Oats'~) end in ~he amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject ts %ha provisions of Section 4 of this Resolution. 4. Interest Ra~a$ and Pr~nc~pa~ Installments, The County Administrator is hereby authorized and directed to accept the interest ratea on the Bends established by the VPSA, provided that each interest rate shall be ~en one-hundredths of one percent (Q.1O%) over the annual rate to be paid by th~ VPBA for the corresponding principal payment date of the bonds ~o be issued by the VPSA (the I'VPSA Dcnds~'), a portion of the proceeds of which will be used to purchase ~hs Bonds, and provided further~ that the true interest cost of th~ Bond~ does Dates and the Principal Installments ar~ subject to change at the request of the VPSA. The County Adminiatrater is hereby authorized and directed to accaph changes in the Interest Payment ~a%es and the Principal Installments at the Pequest of the VP~A, provided that the aggregate principal amount of th~ ~O~S shall DOt exceed the amount authorized by this Rs~clution. The ~xecu~ien and delivery cf the ~onds es 94-215 3~23/94 ~esoribed in Section $ hereof shall conclusively evidence interest rates established by the VPSA and Interest Pa~rment Dates and the Principal Installments requested Dy the VPSA as having been so accepted as authorized by this ~. Perm cf the Bonds. For as long as the VFSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attach=d hereto as Exhibit A. On twenty (20) days written notice from the VPSA, the Caunty shall deliver, at its expense, the Bonds in ~arketabl~ form in denominations of $5~00 and whuls multiples thersoZ, as re~ussts~ by the VPSA, in exchange for the temporary typewritten Bund- 6. Payment; Paying Agent and Bond Reqlstrar. The following provisi~ns shall apply to the (e) For as long as the VPSA is the registered o~ner of th~ Bonds, a~l pay~nt~ Of principal, premium~ i~ any, interest on the Bonds shall be mads in i~ediately available fends to tbs VPSA at, or before 11~00 a.m. on the applicable Interest Payment Date~ Principnl Payment Date o~ date fixed for for Virginia bank~ or for the Commonwealth of Virginia, then at or before 11:00 a.m. on tko business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b} All overdue payments 0~ principal and, %o the extant permitted by law, inter,st shall bear interest at the applicable interest rate or rates on %he (a} Crestar Bank, Richmond, Virginia, i~ ~esignated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The ~rincipal Installments m~ ~ha ~unds hsld by %he VPSA coming due on or before ffu~y 15, 2004, and the definitiv~ Bunds for ~hich the Bonds held by th~ VPSA may be exchanged that mature on or before J~iy 15, ~004, are not subject to prepayment or redemption prior to their stated maturities. The ~rincipal installments of the Bonds held by the VPSA coming due after July 1~, ~004, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 1~, ~004, are subject to prepayment er redemption at the option of the County Drier to their stated maturities in whale or in part, un any date mn or after July 15, ~004~ upon payment of t~e prepayment redemption prices (expressed as pmrsen~agea of principal installments to be prepaid or the principal amount of the Bonds to be redeemed} s~t forth below plus accrued interest ~o ~he date eot for prepayment or redemption: Dates Prices July 15~ 1004 to July 14, ~00~, inclusive July 15, 2QQ~ to July 14, 2006, inclusive 102 July 1~, ~00~ to July 14, 2007, inclusive July 15, 2007 and thereafter ....... 100 Provided, however~ that the Bonds shall not bo subjoc~ to prepayment or redemption prior to their stated maturitie~ a~ described above without ~irst o~aininq the written oo~se~t of the VPsA. Notice of any ~uch prepayment or redemption shall be given by the ~ond Registrar to t~a registered owner Dy registered mail eot ~ure than ninety (90) and not l~n than sixty (~0) days before the data fixed for prepayment or redemption. 8. Execution of the Bcndst The Chairman or Vice ~uth~rized and directed ~ ~x~cut~ ~nd deliver the.Bonds and to 9. Pledue Cf Full Yailh and Credit. For the prompt payment of the principal of and premium, if any, and the in%crest on the Bonds a~ ihs sams shall besoms dus~ the full faith and credit of the County are hereby irreveoably pledged, and in each year while any of the Bonds shall be out,tending there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable ~roperty in th~ County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium~ if say, and the interest on the ~on~s as such principal, premium, if any, and interest ~hall become due, which tax shall be without limitation as to rate or amount and in addition to all other tmxes authorized to be levisd in tho County to the extent other funds of the County are not lai.gfully available an~ appropriated for such purpose. 10. Use of Proceeds C~rtificate and Certificate as to A~bit~a~. The Chairman of ~he Board, tho county Administrator and such officer or officers of the County as ~ith~r may designate are hereby authorized and directed to e×acute a Certificate as to Arbitrage and a Uss of ~roce~d~ C~rti£icate each ~etting forth the expected use and investment of the procseds of the Bonds and containing $~¢h covenants as may Be necessary in order to show compliance with the provisions of applicable r~ulatiens r~lating t~ the exclusion from gross income of interest on the ~ends and on the vPgA Bonds. The Board covenants on behalf of th~ County that (i) the proceeds from the issuance and sale of the Bonds will ~e invested and expended ae set forth in such C~rtificate as to Arbitress and such Use of Proceeds Certi£ioa~e and ~hat the County shall comply with the other covenants smd representations contained therein and {ii) %he County shall comply with ~he provisions of the Code ae that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax 11. State Non-Arbitra~e Pro rqram~ Proceeds Agreement. The Board hereby da%ermines that it is in the best interest~ cf the County to authorize and direct the County Treasurer to participate in ~he S~ate Non Arbitrage P~ogram in connection with the Bonds. The Chairman of the Board~ the County Ad~isistrator asd s~ch officer Or officers of the County as either may designate are h~rsby authorized and dirscted to deposit and invsstment of proc~ed~ of the Bonds by and among the County~ the other participants in the sale of the VPSA ~ub~tantlally in tbs form sdb~itted to the Board at thi~ meeting, which form is hereby approved. 12. Filing Re~ulutlsn. The appropriate efficerE or agent~ of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of tke County. 13. Further Actions. The members of the Board and all sfflcers, employees and agents of the County are hereby authorized to t~ke such action as they er any one of them may and sale of the Bonds and any ~uch action previously taken i~ hereby ratified and confirmsd. 14. Effective Date. Thi~ Re~olution ~hall take effsct immediately. 94-217 3/2~/94 Principal Payment Date 1994 1995 2996 1997 1998 1999 ~00o 2001 2092 2004 2005 2006 2007 2008 2009 2010 2012 2012 SCHEDULE I Principal Installment 410 420 900 420 OOO 410 410 405 &05 605 OOO 405 OOO 405,000 405000 405000 405000 ~05000 405000 4ODOOO 403 SO0 405 000 405,000 $8,125~G00 Rate EXHIBIT (FORM O~ T~PORAR¥ NO. TR-1 $8,125,000 OOM~{O~WEALTH OF VIRGINIA ~E~ERAL OBLIGATION SO~OOL BO~D ~ERIE~ The COUNTY 0P, CH£ST~RFI~LB, ViRCINIA (the l'County")¢ for value received¢ hereby acknowledges itself indebted and promises to pay ts the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of EIGHT ~ILLION ONE HUNDRED TWENTY-FIVE T~O~S~D QQL~A~$ [$~,2lS,QOO)~ in annual installm~nts in the amounts se~ forth on Ss~e~ule I attached ~ereto payable on July 15, 199~ amd annually on July 15 thereafter to and including July 15, 2013 (each a "P~inoipal Payment Date'~)~ together wi~h intere$~ from ~he da~e of this sond on the unpaid installments, payable semi annually on J~nuary 15 and July ~$ of each year, commencing on J~ly 15, 1994 (maoh an ~Int~est Payma~ Date"; together with any Principal Payment Dat~, u "Payment Date"), at the rates par annum set forth cn Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. ~cth principal of and interest cn thle ~end are payable in lawful money of the United States of A~erica. For as lung as the Virginia Public School A~tho~it~ i~ the registered owner of this ~ond, Creater Bank, as bond registrar (the ~'Bcnd Registrar"), shall make all payments of principal, premium, if any~ and interes~ on ~his Bond, wi%hou~ the presentation or surrender hereof, to the V~rginia Public School Authority, in immediately available funds at or before a.m. on the applicable Payment Date or date fixed for prepayment or redemption. IS a Payment Date or ~ate ~ixa~ for prepayment or redemption is not a business day for bank~ in the Coi~i~enwealth oS Virginia or ~or the cummunwealth of virginia, then the payment of principal, premium, if any~ or interest on this Bond shall be made in immediately available funds at or scheduled Payment Date or date fixed for prepayment or rsdemption. Upon receipt by the registered owner of this Bond of said payments of princlpal~ premium, if any, and interest, written acknowledgment uf the receipt thereof shall be given promptly to the Bond Registrar~ and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bend shall be surrendered to the Bend Registrar for cancellation. The full faith and credit o£ the County are irrevocably pledged for the payment of the principal of and the premium, if any, and int~r~t on this Band. The resalution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and $estion 15.1-227.~5 of tko code of Virginia 1950, as amended, requires, that there shall b~ levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal~ premium~ if any~ and interest on this Bond a~ the same shall become due which ta~ shall be without limitation as to rate or amount and shall be in addition to all ether ta~es authorized te b~ levied in tho County to the extant other funds Qf the C~unty ~re not lawfully available and appropriated ~or S~Ch p~rpo~e. This Bond is duly authorized and i~Eu~d in ao~pliance and pursuant t~ the Constitution and laws ef the Commonwealth of Virginia, including the Public Pi~sce Act of 1991, Chapter ~.1, Tit~e 15.1, Cods of Virginia 1950, as amended, and the County and the School Board ef the County to provide funds for capital projects for schoo~ purpase~+ This ~und may be exchanged without dost at the s~fice the Bond Regietrar for an equal aggregate principal amount of bend~ in definitive form having maturities and bearing ~ntsrest at rates corresponding to the maturities af and the interest rates on tko installments of principal of this Bond them unpaid~ issuable in fully registered form in denominations of $~000 and whole multiples ther~o£, on twangy (20) day~ written notice from th~ ~irginia Public School Authority, County ~h~ll ~eliver, at its expssaa, this ~ond in marketable form, in e~change for the temporary typewritten Bond. This Bend is ~egiutered in the name ~f Virginia Public Schsol Authority on books of the ~ounty kept by the Bend Registrar, and the transfer of this Bond may be effected by the registered owner of this Bend andy upon due execution of an ussignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for d~fi~itive ~onds az harainabove provided, such definitive Bonds to be registered en such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bend caminq d~s On or b~fore JU~y ~$, Z004 and the definitive Bonds for which this Bomd may be exchanged %hat mature on er berate July 15, are not subject to prepayment ~r redemption prior ts their stated maturities. The p~ineipal installments of this Bend cOmiUg du~ after ~uly 15, 2004~ and the da~initlve Bands for ~hi~h thi~ Bond may be exchanged that mature after July 15, 20Q4, are subjec~ to prepayment ar redemption at the option of the County prior to their ~tat~d maturities in whole er in part, en any date on or afte~ July 15, 20Q4~ upon payment of th~ prepayment or redemption prices (expressed as of principal installments to be prepai~ or the principal amount of the Bonds to be redeemed) set fertb below plus accrued interest to th~ date set for prepayment or redemption: Date~ July 1~, 2004 to July t4, 2005, July 15, 2005 to July 14~ 2006~ July 19, 2005 to July 14, ~Q07, July 15, 2007 and thereafter inclusive inclusive i~¢lusiv~ · · . 10O; Provided, however, that the bonds shall not be subject to pre~a~men~ er ~edemption prier to =heir stated maturitie~ as described above without the prior written consent of the Virginia Public School Authority. Notice of any such prepayment or redemption shall be given by the Bond Registrar ts the registered owner by registered mail not more than ninety (~0) and not less than sixty (60} days before the date fixed for prepayment or redemptien. Ail aot~, conditions and thin~s required by t~e Constitution and laws of the Commonwealth of Virginia to happen, e×ist er be performed precedent tc and in the issusnee ef this Bond have happened, exist and hame been performed in due time, form and manner as so required~ a~d thi~ Bcnd~ tu~ethsr with ell ether indebtedness of the County, is within every debt and other limit prescribed by the constitution and laws of thm Commonwealth of Virginia. of Chesterfield has Caused this Bond to be issued in the name of the County of Chesterfield, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and a~ee~ed by the signaPur~ of its Clsr~ or any of its Deputy Clerk~ and thi~ Bond to be dated ~ t99&. COUNTY OF C~ESTERFIELD, VIRGINIA Chairman of the Board of SuDervimors County of Cha~terfield~ Virginia (SEAL) AT~EST: Clerk of tbs Board cf Supervi~or~ Ceunty of Chester£iei~, Virginia FOR VALUE RECEIVED, the undersigned sells, assigns and (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDE ZIP CODE, OF ASSIGNEE) PLEASE ZNSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange such Bend for definitive bond~ in lieu of which thi~ B~nd im imsued and kept for registration thereof, with full power of substitution in the ~resises 94-22~ 3/23/94 [NOTE) Signature(e) must b~ guarantaed by a member firm or a commercial bank or trust Principal Payment Date I~ulv 1997 2002 2004 ~007 Registered owner NOTICE: The signature above must c~rrespen~ with the nam~ ~f the Registered Owner as it appears on the front of thi~ Bond in every particular~ without alteration or change.) SCHEDULE I Principal 4%0 000 410 gOO glo 000 410 405 OOO 405 no~ 405 000 405 000 40~ ooo 405 000 405 000 40S 000 405 GO0 40~ 00o 405 000 ~25 ooo Interest Rats requested rezoning from Agricultural (k) to Residential (R-9). A e~ngle family residential aubdivlaion havinq a minimum lot eiz~ of 9,000 ~quare fe~t im plann~d~ R~identiat u$~ of up to 4.S4 unite per acre ia permitted in a Residential (R-9) District. The Comprehensive Plan designates the property for residential use of 1-51 to 4.0 units per acre. Thi~ request lies on a 1~.15 acre parcel located at a point cn the mouth River Road~ and also located off the west line cf atone River ~d-221 3/23/94 recommendation was acceptable. The~e wa~ no present. 0m ~otlon of Mr. Warren~ seconded ~y Mr. McHale, approved Case 94SN0160 and accepted the following conditions: representing the applicant, stated the opposition the Board proffered 1. The applicant~ suDdivider or assignee(s) shall pay the following ~o the county o2 Chesterfield prior to th~ time of buildimg permit application for infrastructure improvements wishin the service dis%riot for the prcperty~ a. $~,043 per lot, i£ paid on or prior to June ~0, h. The amount approved by the Board of Supervisors ~ot ~O exceed $5~043 per lop adju~tgd upward by any ~ndex between July L, 1993, and July 1 of the fiscal y~ar in which the payment ig mad~ if paid after June 2. F~lic water an~ ~ewe~ ~att b~ u~nd. The Developer 5kall provide ~t~rm dr~ina~ measures along Droposed i<pervioua areas of develepe~ building lnt~. 4. T~ere ~all be no timberin~ until a land disturbance permi% has Dean issued ~y the ~nvirenmental ~nginearing 5. At time cf recordation of the first subdivision plat, thirty~£ive (351 feet of right of way on the sou~h side of of ~lkhardt Road immediately adjacent to the property shall be dadicatad~ frae and unrestricted, to and for benefit of Ches<erfield County. 6. There snell be no dire~t access to Elkhardt Road. 7. with the exception cf flys lots, all eth~r lots shall have a ~inimum ~f ll,O00 square f~at. The five l<ts sheS1 haV~ a minimum cf 9,000 square feet. 8. A maximum :f furry-two (42) lots shall be permitted. 9. The minimum ~quare foliages of dwelllngs shall be as follows: a) Two story 1,~00 squar~ feat [finished) b) Cape 1,500 gross square feet 1600 ~ross squar~ feet e~olu~ive of decks~ porches, least iSOG ~quare feet of finished ~Dace exclusive of decks, porches, garages and basement~. 10. A member of the ~tonemill Homeowners Association and owners of the lots in stonemill sub'tivision that adjoin this parcel shall b~ notified by the developer prior Co submittal of a tentative subdivision. 11. The following Declaration cf Remtrictions shall be recorded in conjunction witk the recordation of any subdivision plat: 94-222 3/23/94 TEE OWNERS dc hereby declare thet said property is to be held, owned, conv~yed, used and occupied subject to ~ho fallowing restrictiv~ covenants: ..,3. . ~e lot shall be used except for residential end related purposes. Nc residence shall be erected, altered, placed e~ permitted to remain on any lot other than one detached single-family dwelling not to ~×ca~d two and one-half stories in height and a private garage for no more than two cars. No fence or wall, except approved fences, approved by the Architectural Control committee, shall be erected! placed or altered on any lot. Nothing contained herein shall be deemed to prohibit the use of a lot or Iotn for the purposes of providing re=idential utility services to and for other lots. The minimum square footagos of dwellings shall be ae fellows; a) Two story 1~600 ~uare feet (finished) Cape and one s~ory dwelling styles shall have a mi~i~u~ of 1600 ~ross squar~ feet exclusiv~ of decks, porches, garages~ and basements. TWO Story dwolling~ shall hav~ at least 1600 square feet of finished space exclusive of docks, porches~ garages and b~sem~nts. No building shall be located on any lot nearer to the front line of a lot cr nearer to the side street than the minimum building setback shown on recorded plat. (4) Any dwelling or building constructed cn this property sha~ bays an ex~erior finish of brick, stcne~ or Grade B or hotter weather boarding or wood siding, or any other finish approved by the Architectural Control Committee~ except that guest house~ servant cottage or d~pendancy buildings may bs constructed of other types clapboard or masonry, provld~d alt buildings sb~ll Do painted or stained, and finished in a workmanlike ~anner and similar in appearan¢'e to dwelling. All buildings shall be Covered with De,moment typ~ roofing of slate, high quality asbestos or asphalt shingles, tile, or other equal or similar roofing. Nc lot owners/builders shall use plastic er aluminum siding, paneled siding such a~ T-111, plywood or masonite type panels as siding mn any homes. A~ foundations shall be of brick~ stcn~ or equal as approved by the architectural committee. Successors in title to lots shall not be permitted to further ~ubdivide any lugs without the consent or approval of the developer or their assigne~ or as otherwise provided herein. Ns building shall be erected, pla~ed, or ultercd on any lot until the construe%ion plans and speeifie~%i©~s and a plan ~huwing tho lucation of the s~ru~uro hays been filed wi~h amd ap~rove~ by the Architectural Control Committee am to quality of workmanship and materials, harmony of exterior d~sign with existing mtructurms of Stonemill Subdivisien~ and es".~6' location with respect to topography add fiDish grade elevation, ~c fence or 94=223 3/23/94 wall shell bs erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. I?) The ArchitecTural Control committee io ¢ompeoed of the following three persons: The developer, a member of the Stonemill Homeowners A~soo~ end e third msmbez appointed Dy ~he developer. act for it- In the event of the death or rosignstiom cf one of the members of ~he Committee, the remaining members shall hav~ full authority to the owner of a lot in the subdivision. Neither the member~ of the committee nor its designatmd representative shall be entitlsd to any compen~atlon for services performed pursuant to this covenant; provided~ however, the Committee may ~mploy an architect to assist in its work, in which event~ a charge not in excess of $B0.00 may be made for services of said architect, such amount to be paid ~y amy 1Qb owner, the consideration of whose plans~ in the opi~io~ Of said C0~ittee require the servicss of said architect. The committee's approval or disapproval as required ~ these covenants shall be in writing. ShOWn on t~e recorded plat. The right is reserved to tko developer their successors and assigns~ to establish and ~rant any addit~onsl easements along, over, upon and a~ros$ any lots owned by it~ (located when possible along lot lines) and along, over, upon and across any streets, alleys, avenues or drives for the purpose of furnishing utilities and/or drainage in or through said subdivision. (1O) No structure of a temporary character, trailer, basement, tent~ shack, garage, barn, other outbuilding shall ~e used on any lot at a~y time as a residence, ~ither temporarily or permanently. (11) No animal~ livestock or poultry of any ~ind shall ~e raised, bred, or kept on any lot, sxoep~ dogs, eats~ or 0the~ household pets which ~ay be ~ept, provided t~y ar~ not Kept, bred or maintained for any commercial purposes. (11) No sign of any kind shall be displayed to the public view on any lot except on~ sign o~ net more than four (z) square fe~t advertising the property for sate~ and a siyn used by a builder to advertise the property during the constructJ.on mad smles period be blndlng on all partlem and al~ per~mm claiming date th~e c~venanbs are recorded~ after which time successive periods of ten y~arm unl~ an inmtrument in whole or in part. (14) Enforcement shall be by p~ocesdingo at law or in equity against any person or persons violating or attempting tn violate any covenant either to 94-22n 3/~3/94 (~) (16) ~estrain violation or to recove~ damages. Invalida~isDj ~ any cna of ~hese covsmant~ hy judgement or.court order 5hall in no way affect any of the other prnvisiens which shall remain in full force and effect. The Architectural Review Committee by unanimous cona~ntr their s~cceasors and assigns~ expressly reserve the right to waive, amend or chang= any or all of said conditions and re~triction~ as to any lots owned ~y them; and, with ~he consent of the hereaf=er sold or conveyed by them. The sole right Of the Committee to amend th~s~ remtrictions shall terminate when all of the above described lots ~hall have teen sold or conveyed by them, ~nd thereafter, ~hese conditions and restrictions may be waived, amended or changed by ~he owners of a majority of shall be made which will permit any lots in ~he mubdivieien to be used for any purpose ~ther than for a sin~le family dw~lllng ~i~e or far providing residential utility services Co the subdivision. 94~N0168 In Midlothian Mapist~rial Di~rio~, MARSHALL ~RDMAN ASSOCIATES, I~., r~quested amendment to Conditional Planned Development (cate 8SSNO065) relative to uses on ac=es, pl~$ Conditional Use Planned Development to permit use and bulk ~×ceDtions on 4.4 acres, office and limited retail usam, in association with an existing nursing ho~e, are plann~, The d~nsity of such am~n~men~ will b~ controlled by zoning conditions or Ordinance stmndardm. The Comprehensive ~lan d=signa~e$ ~h~ pruper~y for office use. This request lies in a Ccrporat~ Offic~ (O-~) District on a total of 9.7 acres fronting approxlma~ely 63Q feet on th~ south line of Rebious Road, appro×imat~ly 300 feet ~ast of wi~singer Lane. Tax Map 8-15 (1) Parcel 2 (Sheet the Planning Commission and staff recommends approval subject to conditions and aooeptanoe of the proffered conditions. reoommenda~ien was acceptable+ There was no opposition a~proved Case 94SN01~ subject to Lha following conditions: 1. Tract S shall ~e that ~rao~ as designated on ~he plat submitta~ wXth the appliGation, k nursing hom~ and customary accessory u~; ~ubj~ot to modified by Cas~ $8$N006D, (P) (NOTS: This condition supersedes Condition 1 of $8S~00~ relative to uses on Tra~t B (i.e.r the nursinu home site). All other conditions of zoning approval for for nutting Roma use,) TRAdT A ~ra=t A shall be that tract as designated Om the plat oubmittsd with the apDlication, (P) 2. The f~llowing u~es shall ~e permitted on Tract A: i, (a) All Corporate Office (0-2) uses except (b) Clo=hes stores, f~cri~t ~hops, and specialty shops provided that these uses are limited to a floor area of any floor within any and that s~ch ~$es dm not u~e sepa~at~ entrances from the other u~e~ in the structure; and Banks and Savings and Loans ~ith or without drive-in windoWS or with or without an outsi~e public address system. 3. In conjunction wit~ t~e ~ran~in~ of ~his rJqu~st, a thirty (~Ol foot e×c~ption to the minimum fifty [501 foot parking setback requirement alon~ Robioue Road shall be granted. This area shall be landscaped in a manner to be approved at the time of sits plan review. (3) stories or forty=five (4~} feet, whichever is less. 5. Structures shall have an architectural style compatible with that of adjacent n0n-residentkal development. 6. The publlo wastewater system shall be used. (NOTE~ This Conditional use Planned Development gup~rsed~s all pr~iou~ Conditional Use Planned Developments applicable to Tract A.) And, further, the Board accepted the followiDg proffered conditions: TRACT A 1. Prior to mite plan approval~ a tan (1O) foot wide right way on the south side of dubious Road for the property frontage shall be dedicated~ free amd County~ ~. There shall be no direct acces~ onto Robious Road. Vote: Unanimous In Dale Msglsterial District, RICHMOND QELLULA~ ~P~O~ COM~N¥ requested a~endm~nt to Conditional Use Planned Development {Ca~e 94SN011J) ts increase the height sf a feet. The density of such amsndm®nt will ~e controlled by 3/23/94 Plan designates the property far residential use cf 1.51 to 4.0 units per acre.., phis rpquest lies in .~n Agriculturul {A) District en 0.3 a¢~s lying approximately 1,2QQ feet off the west line of ~opkin'm ~cad~ measured from a point approximately 100 feet north of Route 2S8. Tax MaD 81=9 (1) Part of Parcel ~r. ~acobson presented a summ~ry ef Case 945M0180 and stated the Planning Commission and ~taff recommend~ approval subject to e condition, Mr. Walter ~edd, representing the applicant, stated the recommendation was acceptable. There was no opposition present. There wa~ brief discussion relative to the potential visibility of a 185 foot tower versus a 150 foot tower. On motion of Mr. bani@l, seconded by Nr. Warren~ the Board communications purposes for a period exceeding twelve consecutive months$ ~he owner/developer shall dismantle and remove the tower and ail mmsociated equipment from the ~roperty. Vote: Un~nimau~ In Midlothian ~agisterial District, CONSOLIDATED SALES INCORPORATED O/0 JULIAN B. JACOBS roguestsd resorting from Agricultural (A) to Regional Business (C-4) ~ith conditional Use to permit outside storage. A shopping center, with outside storage in excess of ten (10) percent of the grQSS floor area of prin0ipal uses, is planned. Hewever~ with the apDrovai of thio request~ the property could be developed for other regional business uses. The density of ~uch amendment sill be Comprehensive Plan designates the property for regional mixed use. This requsst lies on 59.0 acres fronting approximately 53 feet on th~ east line of Huguenot Road~ approximately 50 feet north of Al¥~ruer Drive an~ lying st the southern terminus of Green Spring Road. Tax Zap 16-4 <1) Parcel ~1; Tax Map 1~-8 (1) Parcel 18~ and Ta~ Map 9 13 (1) Part of Parcel 10 (Sheets 7 and the Planning Commission and staff recommends approval ~ubject to Oondition~ and acceptance of the proffered conditions. He noted the request confor~s to the MU~Uenot/Robious/Midlethian Area Plan. He stated in response to concerns expressed by adjRcent office property owners located to the w~st, the a~plicsnt reuently submitted Proffered Condition Number 17 to prohibit reduction of the side yard setback to less than twen~y~five (2M) feet. On motion of Mr. Barber, seconded Dy Mr. McHale~ the Board suspended its rules at this time and amended the agenda to accept Proffered Condition Number 17 for Cass 945N0110 to prohibit reduction of the side yard setback to ies~ than twenty-five (15) f~et. Vote: Unanimous 94-227 3/23/D4 Joh~ Cogbitl~ ~sguire, representing the applicant, stated the recommendation was acceptable and reviewed the issue of access stating the applicant is willing to provide $7~Q,000 worth of road isprovements to accommodate access to the property to be opened. He stated thi~ si~e has the potential to baoome an econsmic power center similar to $outhpark Hall; that 12 of th= 60 acres of land ara G~rrsntly in site plan review; tha~ 48 acres r~main for d~velopment of large user power centers; and that the economic benefits of this zoning would be signi£ioant. ~e requested th~ Board to approve 340,000 square feet of development potential in the first phase -- a ten percent variation over staff's r~co~eDdation amd ~tated th~ variation would be at ~o cost to the County. ~e then reviewed certain actions being undertaken by the applicant ~o bens£it neighbor~ in the area including providing access to the Woodlands property; providing access across the prsperty for Huguenot Forest Associates; providing a cross access over p~rcel belonging to the applicant along the southside of loop road; providing access across the applicant's the Woodlands property at the tire t~ey provide access to the applicant; providin~ certain landscap~g and b~ffe~; and providing a 25 foot landscaped area along ~ke wes=era boundary of tbs applicant'~ property to provld~ a visual screen the two properties. He further stated the applicant has continued discussions wi~h the n~%ghbors regarding this request alone has an estimated construction oust of $4-~ million; that t~e store will produce 100-15Q new jobs in the county; and that of $$1,00U per yea~, sales tax of $900~000 - $1.25 million, amd relative tu the lack o~ parking decks in the County and the fact th~ applicant~ continue to su~mit ]>rnffsrad conditions ie not granted as submitted. Mr. David Shes, managing partner of Huguenot Aseociates~ stated he his speaking on behalf cf ~he partnership; that they o~n loop road and Hugueno~ Road; tha~ they have i~vested approximately $4 ~illion to build five office buildings in campus-style setting; that approximately 4~ p~roent of their to his property as it relates to the proposed loop road; th~ additional emphasis on the buffer along the ~roper~y edg~ by providing additional landscaping by the Lowe's store, ~or the site to have access from the southeide of his property to the new loop road, and for elimination of the monument sign. Discussion, commsnt~, and questions ensued relative to the =iti~sn ms,tings which had been held to discuss thi~ r~qu~st; 94-228 3/23/94 Oliver Ru~y~ E~gulre~ repressotlng Huguenot Association, stated his clients are not opposed to th~ r~quest, but feel several issues need to be addressed such as crime~ specifically vandalism, and eke reguest beSng csmpatible with the su~ounding a~ea and D~bitted uses. He fu~th~ stated the request should remain compatible wi~h =he land use plan for that u~eu; that the applicant should bu required to provide necessary protection to surrounding property uwner~; and requested the Board t~ impo~e the necessary buff~r~ to protect properly owners. There wa~ brief dlsouselen relative to the adjacent day care c~nt~r play ar~a b~ing fenced in. Mr. Cogbill stated the request was approved by the Planning Co~ission last nont~ that adequate notification was sent to adjacent property owners; that the applicant did meet with property owners to address their concerns; and thmt perking available. He further ~tated areas ~uoh as this a~e not violenoe~ overall, has decreased; that impoeinq additional ~u£~ere or fences i~ not appropriate e~ She ordinance and proffered conditions already address th~se concerns; and requested the ~oar~ Co give favorable oon~i~eratlon to =he Discussion, comments, and questions ~nsued r~lative to ~rovision of additional buffers and fencing along ~he western and northern boundariem; the Bcard~s ability to impose buffer conditions; and vehicle 8scene to adjacent properties. Mr. Darber stated he feel~ inztmllation of a fence is a decision between th~ applicant and th~ adjacent buminem~s. further seated the Planning Commission and staff did not recommend installing a fence because the Ordinance does not require ~he applicant to do so; that this request has a shared access; that he fe~i~ the positives of ~he request outweigh the negatives; and that this project will generate ~obe and tax dollars in the County. ~r. Barber then mad~ a motion~ ~econded by ~r. ~arren~ for the Board to approve Came 94SN0110 subject to the following conditions~ 1. If modifisations to pre-determined drainage area limits exceed the 2-year~ 10-year, or lOO-year pre-developed runoff rate. (EE) 2. With the exception of the limitation on th~ square footage comply with Section ~1.1 160 And, further, the Board accepted the following proffered 1. The Property shall uss publi~ water and sewer. 2. Prior to obtaining e building permit, eno of tho following shall ~u accomplished for firs protection~ a. The owner, developer or assignee(s) sha~l pay to the Co~n~y $150 per l,O0O equate feet of ~ro~s floor area adjusted upward or downward ~y the ~ame percentaUe that the Marshall swift Buildinq Cost t~dSX increased or decreased between June 30, 1991 ~nd the data of payment. W~th the approval of th= County's Fire chief, ~he owner, developer or assignee(s) ~hall r~c~iv~ a credit toward the 3/23/94 required payment far the ocs% of any fire suppression sys%~ not otherwise required by law which is included as a p~rt of the development. OR b. Th~ owner, developer ur assignee(s) shall provide a sir~ suppression system not otherwise required by l~w which the County's Fire Chief determines au~stanLiatly reduces the need for county facilltie= otherwise necessary for fire protection. 3. The access points for the Property are identified as "Access 1, ~, 3 and ~" cn the Pentative site plan by J-K- Timmons and Associates dated December 21, 1993, and amended February 1, 1994~ tit/ed "chesterfield Plaza Master Plan" and attached a~ Exhibit A. Access directly to/from the Loop Read into the Property s~all be limited to three (~] entrances~exits. A~oess 1 ~hall be limited to right-in/right-out traffic movements. 4- Prior to cite plan approval, si~ty (60) feet of right-of- way on the east side uf Huguenst Road, m~aemred from the cente~lin~ of that part of Huguenot ~oad immediately adjacent to the Property, shall bm dedicated, free and unrestricted, tS and for the benefit of Cheeterflel~ County. 5. Prior to site plan apDrevat~ the right-of-way for the ninety (90) foot wide east-west major arterial {LOCD Road] from Hu~ueno~ Ro~d through the Propsr~y shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this major arterial shall be approved by the Transportation Department. 6. Direct acces~ to HUgUenot Road eha~l ~e limited to the Loop Road. 7. Prior ~e site plan approval, if required by the Transportation Department, an access easement acceptable to the Transportation Department, ~hall b~ recorded from th~ Loop Road to the southern Property line to serve parcel is on Tax ~ap 16-12~(11 (Chesterfield ~all Associate~]- This access ~ase~ent ~hall align with Access 2 as generally shown ss Access 4 on Exhibit A. The exact location cf thio access easement e~all be approved by the Transportation Department. $. A cross access easement steep=able to the Transportation Department across the Property frO~ the eastern boundary e~ a~e PreDsr~y [adjacent ~o Par~el 11 on Ta~ Map (Woodlands Associates}] to Access 2 shall be dedicated for the ben,fit of t~e woodlands Associates parcel and upon the first to occur of (a) issuance of a certificate of occupancy for more than 3~5,Q00 square feet of shopping center (or equivalent densities for C-4 uses as approved by the Transportation Department), ur (b) a reciprocal crass access easement agreement is recorded for ~riv~ Extended at a location or locations acceptable to the Transportation Department. 9. Prior %o site plan approval~ an access easement acceptable to th~ Transportation Department, ~hall be recorded to serve parcels 22 and 40 on Tax ~ap 16 $ (1} (5uguenct Forest Associates}. The e~act location of thi~ access Acoes~ ~hall be provided to Mall Drive ~xtended from the eastern portion of the Property generally at Access 3 aho~-n on Ex~bit,41A~ Access 3~Shall ~be lo~ated apprexlmate%y 1000 ko llO0 feet from the Mall Drive/Loop Ruud intersection. The exact configuration of the internal ciroulation on the Property and the design of mn entrance/exit to the shopping center from Mall Drive Extended ~hall ba approved by the Transportation 11. The maximum density permitted on this Property shall De limited to 450~000 square feet of shopping cenhe~ plus to m~v~n (7) out parcels or equivalent denmlti~z for C-4 u~e~ am approved by the Transportation Department. 12. Prior to the i~uance of any occupancy permit for the initial development of the first ~,000 square fee~ of shopping center (or equivalent densities, including out the following improve~ent~ described below and generally ~how~ on g~bibit A shall be complete~ ae determined by the Constr~ction of additional pavement along Huguenot Road at the Loop ~cad intersection ~e provide dual southbound left turn lane~ onto the Loop Road. h. Construction of additional pavement along the north~oun~ lanes of Huguenot Road at the Loop Road intersection to provide ~ right turn Contribution of up to 50% of th~ ~o~t signal at the intersection of the Loop Road and Huguenot Road, if warranted. d. Construction of a four (4) lane divided road (Loop Road) from Huguenot Road t~rcu~h its intersection w%th Access g an~ then tapered to the existing two lane section of the Loop Road, Construction of a six (6) lan~ typical ~ection ~estbound lan~sI of the Loop Road at it~ iDtersectien wi~h ~ugoenot ¢ons~ruot~ion of additional pavement along the Loop Road at A~¢emm 1 and 2 to provide a right turn lane i~to %he Property a~ eac~ of ~he ~wo acoe~s pointeo g. Construction of additional pavement along the Loop Road at Access ~ to provid~ dual l~ft h. Bond or other ~ur~ty for the full cost for traffic ~ignallzation of the Loop ~oad/kc~ess intsr~ction, if warranted~ i. Dmdication to the County of Chesterfield~ free and unrestricted~ any additional right-of-way (er easements) required for the construction of the improvements identified above, 13. Prior to the issuancm of an occupancy permi~ ~or out parcel 7 shown on Exhibit A or in c~njunction with thm ~eve%opmen~ of an access to Ches~arflsld Mall A~aoiates a~ indicated in Proffer 7~ whlchevar shall occur firmt, additional pavement shall be provide~ along the Loop Road at Access ~ to provide' a right turn lane fro~ ~ke Loop Read. 14. Prior to issuance of an occupancy permit for ~0~e then 325.000 square feet Of s~epping center (or ~qui~alent densities for C-4 uses aG approved by the Transportation Department), the following improvements as generally shown on Exhibit A shall be completed as ~etsrmined by the Transportation D~partmsnt. a. Construction of an additional two (2) lanes of the four (4) lane divided road (LOOp Road) from its then t~rminu~ at the eastern Property line to the Mall Drive intersection. b. Construction of a six (S) lane typical (i.e., two (Z) w~$tbound lanes and four (4) eastbound lanes) of the Loop Road at the intersection west of ~atl Drive- Construction o~ two (~) lanes of the ultima~e (4) lane divided LoOp Road from the ~all D~ive intersection to Koger center ~oulevard. d. Construction o£ a four (~) lane typical section (i.~. one (1) eastbound lane and three (3) westbound lanes) of the Leop Road at its interssctisn east of ~all Drive. e. Ccns=ruction cf two (2) lanes of the ultimate four (4) lane Moll Drive Extended from i~a intersection with th~ Loop Road north for a distance of approximately 1000 to 1100 feet. The exact length cf the road shall bs approved by the Transportation f. Construction cf a four (4) lane typical sestion (i.e., cna (1) northbound lane and three (~) southbound lanes) of Mall Drive Extended at its intarsectlon north cf the Loep Road. g. Construction of additional pavement along Mall Drive h. Traffic signalization of :he Mall Drive Drive Extended/Loop Road intersection, if warranted. are r~quired at the time of initial and prior te full site Additional squore footage may be approve~ by equate footage exceed the maximum density outlined in Proffer 11, if the additional studies indicate ~hat the traffic generation rates and distribution~ differ materially from the original projections in the "Traffic Impact Analysi~-ch%zt~rfield Plaza" prepared by J. January 1994, and an acceptable cf service ia provided, as determined by the Transportatien 0apartment. 1~. Any alta plun fur the Property within 200 feet of Tax Map ~-18 (1) Parcel 17 (Mugu~not village Apartments) shall be approval. 17. The western 9roper~y line side yard setback shall not be reduced ~o lees than twanty-fiv~ (25) feat. In fha avant th~ d~v~lope~ ~lects to provide a setback greater than twenty-five {25) feet~ perimete~ landscaDing B, option I, ~hall still be installed within th~ ~etback. Unanimous on ~otion of Mr. warren~ seconded Dy ~r, McHate, the Board adjourned at 9:05 p.m. until April 1~ 1994 at Vote: Unanimous Chairman