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05-11-94 Minutes
Supervisors im Attendamce: Hr. Whaley M. Colbert, Chairman Mr. J. L. McHals, III, Vice Chrm. Hr. Edward E. Barber Nr. Marry G. Daniel Mr. Arthur S. Warren Mr. Lens B. Ramsey County Administrator Staff in Attendance: Ms. Barbara Bennett, Oir., office on Youth ~r. Craig Bryant, Dir., Utilities Mm. Terri Burgess, Interim Dir.~ New~ & Public Information Services Ms. Marilyn Cola, Exsc. Amst. to County Adm~n. M~. Do~i~ R. DeHart, Asst. Co. A~min., Legit. S¥c~. and ~n~erqovern. AX~airs Mr. William D. Dupler, Muilding O£Zieial Chief Robert L. ~snes, Jr., ~r. Bradford S. Hammer, Deputy Co. Admin., Management S~rvic~m Mr. Russell Harris~ Mr. W{llia~ H. Howell, Dir,, General Services ~r. Tho~es E. Jacobsen, Dir., Planning Mr. Jacob W. Mast, Jr. Nursinq Hem= A~mln. Mr. R. John MoCracken, Dir., Tranupurtatiom Mr. Richard M. McElfish, Dir., Env. Engineerin~ M~_ Ja~e~ C. ~cKinnell, Administrator Mr. Steven L. ~icaa, County Attorney Mrs. Pauline Mitchell, Dir., Special Project~ Col. J. E. Pittman~ Jr.~ Police Department Ms. Theresa M. Pitt~, Clerk to the ~oard Mr. Jame~ J. L. 8tep~aier, Dir., Budget & Management Mr. M. D. Stith, Jr., DepUty CO, A~mln., Community Development Sheriff Clarence Williams, Sheriff's Department Mr. Fruderick willi~, Jr., Dir.~ Human Resourc~ Mgt. Colbert called %h~ r~gularly suhedul~d meeting to order at 3:00 94-351 5/11/94 1. APPROVAL OF HINUTE5 1.A. ~RIL 27, 1994 On motion of Mr. Narren~ seconded by M~. Mc~ale, the Board approved ~he minutes of April 27, 19~4, ae a~ended. Vots: Unanimous approved the minutes of April 2S, 1994, as submi%ted. ~, COUNTY ADMINI~TR~TOR~ COMMENTS Mr. Ramsay stated h~ would address County Administrator Comments at the 7:00 p.m. session of the ~eetin~. $. EOAR~ COMmiTTEE REPORTS There wsrs no ~card Committee Reports at thi~ ti~. 4. REQUEST~ TO POSTPONE ~TIO~. EMERGENCY ADDITION~, OR ~2~NGES IN THE ORDER OF ~RESEN~ATIO~ On motien of ~r. Warren, seconded by Mr. ~c~ale, the Board replaced Ttem ~.C.~., Approval of Amended Lease for American Laglon Post 136 Property; ds£erred Itam $.C.~., Al~ocatlon of ~ermada District Three Cent Road F~ds to ~uDpsrt Park Lee Gardens Raef4ent Counui! Association to Purchase Playground Equipment until May 25, 1994; added Item S,C.~?., Funding for sewage Treatment Plants at carver ~iddle and Grange Bail Elg~eDtary S~hool~ to follow Ite~ 8.C.16., Acceptances of Parcels of Land; added Item 10.D,, a~ E~ecut~ve session Pursuant to Section 2,1-344(a) (3], Code of VirginiA, Discussion of Real Property fo~ Public Purpose Relating to the County Libraries to follow Item 10., Reports; and d~l~t~d Item · ~.c., Re.clarion Recognizing May 1~-2I, 1994 as "National Emergency ~ediea! Services Week" and, adopted the agenda, amended. Mr. Jack Berry, President and C~ief Operating officer of ~e Metropolitan Richmond Convention ~nd visitor'~ B~rea~, who wa~ present to receive the resolution. on motion of the ~oard, the following resolution was adopted: WHEREAS, tourism contributes to the County's economic goodwill; and WHEREAS, travel and tourism ranks as one of the top industries in metropolitan Richmond in the ameunt of revenues generated; and WHEREAS, tourism contributed approximately $744~QQ0,000 to the economy in 1993 in metropolitan Richmond; provided jobs for approximately 13;570 people; and during that time, over 2,000,000 tourists visited the area; and WHEREAS, the tourism industry provides employment for more youth, women, and minoritie~ than any industry i~ the metropolitan Riuhmend area; and WMERFAS, travel and teurism etlhanae international peace, understanding, and goodwill; and WHEREAS, people throughout the world become mere aware of %he outstanding ~istorioal, aultural, and recreational resources available in the United States, travel and tourism will become an increasingly important aspect in the live~ of the people of the County of Chesterfield. NOW, T~REFOR~ B~ IT RE$0LVED~ that the Chesterfield County Board ef Supervisors hereby recogni~e~ Nay 1 - 15, ~994 a~ "virginia K~rltag~/Na~ional Teuri~m Weeks" and calls this ~ecognitisn ts t~e attention of all itu diti~ens. Vote: Unanimous Pir. Colbert presented the e~ecuted resolution to Mr. Berry and exRreeeed a~preuiatien for his invelvement in th~ tourism industry. 16r. Berry expressed appreciation, on b~half of th~ M~tropolitan Richmond Convention and visitor's Bureau, for the recognition and the Beard o~ Supervisors support and involvement in promoting tourism. ~. Ramsay ~ntroduc~d ~r. Wayne Edmund,, Chairman of the ~e$1tb Center Cemmissien, to present their annual repert to the Board. P~. EdmUnds reoogn±sed approximately 10 ps,sons from fha ~ursing Home who were present at the meeting and no=e~ ~his wee~ is being ~eocgnized '~ation~l ~ursing Home Week". He stated the Health Center Commission is seeking to construct a new Lucy Corr Nursing Home which they unticipate to be a preeminent geriatris ears and beaching facility; attractive to private pay patients; and financed and operated on it~ own merit withou~ unduly taxing the monetary resources of County citizens. He expressed appreciation to the Beard and staff for their suppor~ of the Commission during the transition from County ownership and op~rationn of th~ Nursing ~em~ to governance by the Health C~nter Commission.. He further stated one of the Co~mission's first aotioDs was a ~nanimou~ d~cision by its members ts serve the county without compensation. He reviewed the Commission's accomplishments including organization; electing a chair, vice chair, and secretary; writing and a~cpting a comprehensive set of by-lewd; and the Ce~i~ion recognizing and addressing concerns e×pr~msed by Nursing Hems staff regarding the impact of the transition on employees and residents. He stated th~ Commission developed a sig-month plan far the transition of ownership of the 5ursing ~eme and all parties involved ~ffectively completed the transition prsssss at a minimum cast in terms of dollars and disruRticn; that the Cemmis~ien has addressed the issue of 94-353 5/11/94 p~r$0~al administration and employee benefits; that a 198~ preplanning study neted the Nursing Hsme faced serious space deficiencies and by re~c!uti0n, the Board cf Supervisors, endorsed the nee~ for replacement and ccnveraion cf the Lucy Corr Nursing Home; that future vision of the Cemmls~icn i~ to develop a ~88-bed nursing home facility to be used as a teaching nursing home prOViding geriatric medical training for health oar~ pr0~e~ionals; that the Nursing Nome has ~ntered into an agreement with the ~edieal Collage e~ virginia to provide an academic training ~ite for health care education and re~earch; that the Ce~ssion is proposing a new faoility not a new nursing home; and tha~ the Lucy Corr Nursing Home committed to continuing the quality care it provides. He then rev±ewe~ the Commission's proposal for construction of the new facility including the facility bein~ under construction or, at a ~inimcm, be in ~lace for construction to begin by January 199~ or the Commission will be at risk in losing its Certificate of Need; the total project cost being approximately $~0,7~,000 with a preliminary fea~ibility study concluding the new facility will supDort itself; and requested the Board endorse construction of a new nursing ho~ facility aRd provide the needed equity by affirming ~ontinuaticn of the County's existing nursing hcm~ ~ub~idy payments, subject to annual appropriation~ b~yond February, 1996, for the usa of debt service support p~yme~t~ for the nursing home construction project. Ns further ~tat~d the Commission is requesting tko subsidy payments continue until the ~rsing home is financially self-sufficient to cover it~ debt service requirements and the cc~i~sio~, through it~ underwriters, will prepare a bond tO finance construction of the new facility; will set ~hs date of January 1, 199~ as the target date to begin construction of the new nursing he~e facility; that ~e Co~ssi~n and County will is~u~ a joint request for proposal; that the Commission seeks to proceed with the Lucy Corr replao~ent 9rojeo~ on a ~tand-alon$ b~si~, ~ndor~ed and supported by the County; and that th~ Co~i~on w~ll dedicate the preaches u~her financial b~nefit which may b~ part of Shy joint venture agreement to reduction cf the requested continuing County subsidy. Discussion, co~snts, and questions ensu6d relative to the co--ir=ion securing the financing fo~ the n~w facility; annual pa~ents re.ired by the Cowry %o pay the debt; the County's financing obligation for %h~ new facility; wh~ther~e Board Supervi~or~ would have any c~ntrol over the process; the timefxam~ in which the Co~i~sion needs a decision bythe Board capi~al Improvement Program (CIP) i~ op~ratlng subsidies are delayed in ordur to acco~odate the ~ursing ~o~; and ~he debt o~ Che~terfleld County, and in order to comply with ~elf-sufficient. Wh~n a~ked, M~. E~und~ ~tated ~e new nursing home should become self-suffici~n% in approximately two to t~ee y~ar~ after it begin~ operating- ~. Daniel no=ed he received a letter from the Lucy Nursing Home ~esidents Council listing various items and he ~ill forward the letter to the Cotillion for ~eir =on~ideratlon. ~. Warren e~ressed appreciation to Kr. Edm~ds for the efforts and professionalism provided by the Health been approved by the Co~i~on. Mr. Edmund~ ~tated ~e 9~-354 9/11/94 There was brief discussion relative to the timeframe in initiating the r~quest for proposal. Mr. Edmonds clarified that there a~ two parallel courses of ectioma prepoaed --- 1) the Health Canter Commission moving forward on a stand alone basis with t_he Countyts support and emdo~se~e~t to eonstr~ct a new Nursing Home and 2) to seek joint ventures from a position of strength £~ the benefit of the County and the Commission, M~. ~arren ~tattd ~he Co~issio~ will ensure the Nursing ~ome continues to provide high ~uality service~ and inquired as to the impadt on the County's Triple A Bond rating if th~ County SUppOrtS oonstruoti0n of the new facility. ~r. Ramsay ~tated a~ long a~ th~ project i~ considered as part of the CountyVs overall debt capacity, it should net have a negative impact on the County's Bond rating. Mr. Warren stated he feels the Board should move forward in an expeditions manner regardin~ this issne, however, ha fee!~ a decision should not be made until such ti~o as a resolution is ~tr~ctuned. i~fo~atio~ ~ega~ding this issue tc ensure =he Board is aware of any impact~ on ~e County w~an a~sis=anc~ Zen the nursing homo moves fu~urd. On motion of ~r. Colbert, seconded by Mr. Daniel, the Board d~erre~ consideration of =onstruct~on of a 288-bed nursing home facility to be developed ~s a teaching nursing providing ~eriutrlc ~e~ic~l training for health profe=~ional= ~tll May 25, 1994. Vote: Unanimou~ (It is not,d a copy of th~ report i~ filed with the papers ~. B~rber recognized Ms. Estella G. Smith, who wam recently named Queen of the Lucy Corn gur~ing ~om~, and who wa~ present at =he meeting. Mr. Tommy Reynolds, Assistant Resident ~ngineer for th~ meeting. He then presented an overview of ~he FYgs-00 Im~revement ~udge~ including funding source allocations totallin~ $9.1 million with $200,000 being County-wide incidental i~ems and 1994 typioal r~ad construction ccstm. ~e stated the Six Year Improvement Pla~ is the same ~lan adopted Dy t~e Board in 1992 with the exception Of including the Robious Road Project, the ~opkin$ Road Project, and the Nash For~t ~ill Avenu~ Project and then reviewed the Secondary Road Construction Schedule from FYg~ through FY00~ ~tat~n~ an additional $~0 nilllon will be n~d~d ~f all projects are hearing ha~ bee~ scheduled for ~ay 2~, 1994 to consider ~h~ Six ~udget. 94-355 5111/94 There was brief discussion r~l~tive to the priority liatinq for the Samite Read/Old Hundred Read Project in the currant Plan as compared to last year and the Robious Road Project being a new project in the ~econdary Road Six Year Impreve~e~t Plan. 7.A, GONEIDEBATION OF CONVEYANCE TO J. M. M~LLIB. ~ROM ~ONTINENTAL BOULE1rARD AND KNOWN AE TA~ ~AP PARCE~ 150-9-1-7 ~r. $~ith stated consideration of conveyance cf a parcel of land to J. M. Mulli~ Incorporated wa~ deferred from the Board meeting on ~,~ril ~7, 1994. ~e further stated staff recommends approval. On motion of Mr. McHale, ~econded by Mr. Barber, th~ Board: appropriated fund~, in the a~eunt of $300,000, fro~ the Industrial Park Reserve Fund to be used for development inducements; 2) approved the us~ of Utility Inducement Funds, not exoe~d $95~000~ to ex=end a water line under Kuf~in ~ill Road te ~erve Tax Map Parcel ~150-9-1-7 and to pay off sewer assessment and development district Suus on Tax Parcel ~150-9-1-7 and waiver of the requirement of the Utility Inducement Fun~ =hat ~he County's s~are of the %oral co~t of a project not exceed ?~ percent; 3) authorized the County AdDiniatrator to exercise the option curruntly held on twenty (20) acres of land, being a par~ of Tax MaR Parcel ~!50-9-1-7 conveyance to J. M. Mullie, Incorporated or it~ 4) authorized the County Administrator to enter into an agreement, on behalf o~ Ches%erfleld County, with Mulli~, Incorporated or its designee, approved aa to form by the Ceunty Attorney, in whiuh thu County shall agree to convey the twenty (20) aere~ of optioned preperty to Mullis, Incerporated or its designee provided J.M, Mullis, Incorporated or its designee agrees to meet certain conditions and parfermance standards set ~orth in the agreement; and authorized the conveyanc~ of th~ twenty (~0) acre site to J.M. Mullia, Incorperated or its designee, pursuant ~o the terms of the agreement. Vot~: Unanimous ~ONSIDERATION OF ~ONIN~ REOUEST 94SN0~. BEULAH UNITED ~ETHODIST C~, ~LE M~I~TERIk% DISTR~CT ~lr. Warren dieolosed to the ~o~rd that he is a me~ber of Beulah United Methodist church, declared a potential uonfliet of interest pursuant te the virginia Comprehensiv~ Conflict of Interest Act, and e~cuaad himself from the meeting. M_r. Jacobsen sta~ed on April 27~ 199¢~ the Board deferred candidate=ion of Zening Request 94SN0111 te allow further ~eview of t~e request. He t~en presented a brief overview o£ th~ Kr. Daniel stated in the late l~50~e, the in=stero=ion st ~opkin~ Road, on the west ~ide, wa~ zoned eo~]~ercial and in the mid 1980's, Beulah Road wac relocated in a more ~esterly direction, He further stated it was n~¥er intended for intention for the property to be used for a convenience store all seven site plans were rejected and that after considerable the current zoning request, sDeoi£ioally as it relates to the hays zecure~ in writing, %he absolute intent of what this the relocation of Beulah Road and stated he feels the right-cf- pursued purchasing the eld church on the parcel and incorporating it into the Beulah SoheoI site. He stated since letter in opposition to the recfaest from the Beulah Elementary e~plore the feasibility of acquiring tho site and integrating it into the property for Beulah Elementary So~ool. Eu th~n requested the ~card ts consider deferring action on ~e request possibility of acquiring the site. Mr. Daniel the~ made a motion, sscende~ by Mr. Colbert, for the the county agreein~ to buy the subject property. Mr. Colbert called for the vote, on the motion ~ade by Mr. Er. Warren returned to the meeting. ~r. Micas ~t~t~ th~ Board held a public hearing on April ~, 1994 for candidates to ~resent themselves to serve on the School Foard representing Midlethian Magisterial District and six individuals -- Dr. James Schroeder; Mr. Danny Wilson; ~s. Linde Yess; Mr. ~ark Tubbs; Ms. Diann= zallory-coble; and Mr. AsburyNcNesr presented themselve~ st the public hearing -- and all are eligible ~or appointment. ~ further stated ~he Cha~ter provides that the supervisor from Midlothian District must nominate a candidate for appointment and other ~oard members may also nominate ~ candidmte from those who w~re i~en=i~ie~ at th~ April 2~, I~4 public hearing. ~e notmd ~e first nominee to receive threR votes will b~come the appointee to th~ School Board r~presentin~ Midlothian District. Mr. Barber stated he feels his personal background gives him qualifications beyond others to make a nomination to the School Beard, He further stated he has been a teaohe~ in two County; that he has been a leader for the Chesterfield Education Teachers Association; that he currently ~erveo as Chairman on the virginia Association of Counties Steering Committee for education; that he was recently appointed to the State Superintendent's Ad¥i~ory Committee on education; and that ~e has two children, one of which attends the County'~ school ~yste~. He stated six very fine persons have pre~ented themselves for consideration and after participation in three public for~-~s, he will nominate ~r. Danny ~ilson to serve as Midlothian District representative to =he school board. He further stated Mr. wilson has a distinguished history of being involved in the County'~ SChool system, including being in the suhoele in which his ohildre~ attend; that he has been active in the PTA, not only on the local level but County-wide; that he is a member of the County Council o£ PTA'~; that he is currently employed in the banking industry in a supervisory oapaoity and that he instituted a Total Quality~. Management Program within his work division. He ~tated he feels those attributes qualify ~r. Wilson beyond the other candidates and that Mr. Wilson has been the most reasonable person to communicate and deal with on school issues prior to and during the candidacy ~r. Barber then nominated ~r. Danny Wilson as the Midlothian District representative to the School Board. Mr. McHale seconded the nomination of ~r. Danny wilson as the ~idlothian District representative ~o the ~chool Board. ~r. Daniel stated ~O~ination tc the School Board is a very important position that the Board of Snpervi~ors collectively decides and the ~oard has constitutional obligations to make recommendations accordingly. ~e further stated ~n %he ~a~, has supported Board nomin~e~, only later to question his judqement and does not feel he can acquiesso on this particular appointment. He stated he has ~e~n OVerWhelmed with numerous recommendations on the candidat~ and nominated Dr. School Board. He further stated he arrived at his decision he ha~ interviewed eva~y potential candidate for The School Boa~d ~ince the process began with two ~xceptions; ~at Dr- Schro~der ha~ several children in t~a County~ school Symtem; t~at h~ h~s b~en .a teacher and instru=tor at a ~jor univ~rslty; that h~ fs a ~ucc~ssful busineSS and person; that public ~upport was shs~ for Dr. Schro~der at the April 28, 1994 public hearing attended by all Board of supervisors members; that a pet]t~on of approximaUely 1,000 signatures was submltt~d i~ support of Dr. ~chroeder addition to m~ny phon~ calls and letter=~ and ~hat ~e has Nau~ chairman of ~he chesterfield County Republican Samuel A. Nixon~ Jr.; Senator $teph~n H- Ma~tin~ and ~r. ~arber note~ that of the ~,000 signaturss s~mitted on the p~tition fo~ D~. Sc~o~d~r~ only 338 Were Midlothian District It is noted the Board closed nominations for representatives serve on the School Board ~epresentin~ Midtcthian Magisterial Dis~rict and consideration of the a~oin~en~ will be for the May 25, 1994 Board of Supervisor~ meeting. S..~....STREETLI~HT INSTALLATION COST APPEOTAL Afte~ b~ie£ disc~iOn, on motion of ~r.~B~rber, seconded by Mr. Colbert, the Board approved a strip, light installation cost approval from the County-wide Streetligh% Account to upgrade th~ oxisting ~treetlight located in the M0nacan High School parking lot to 24,000 lumens, in the amount of Vote: Unanimous ADOPTION O~ ~E~0L~TION ~T~B~I~IN~_A SERIO~ F~A~iTUAL OF~E~DER C0MP~EEENSiV~ ACTION adopted the fellewing resolution: OFFENDER COM~RE~EN$IV~ ACTION PROGRA~ (SHOCAP) FOR CHESTERFIELD ~OUNTY problem of serious Juvenile offenders is escalating at an alarming rate; and W~EREAS, the Commission on Violent crime appointed by the Comprehensive Action Program (PHOCAP} to address the way that information on juveniles is maintained with thm two goal~ of enhancing co--unity safety and in~urin~ comprehensive, coordinated service delivery to seriou~ juvenile offenders; and ~AS, th~ Virginia General Assembly, in its 1993 ~nablin~ cities and counties ~o establish SHOCAP committees ~i~e~ court ~e~vioe ~nits, corrections and juvenile and jurisdictions in order that co~unities might better provide ~ese juvenile~ in order to redirect their futur~ activiti~ finds that the e~t~blishment of ~ SHOCAP co~mlt~ee is n~c~ssary following agencies: Police Department; Public school Division Co~un~%y Services Board; Health Department; social Services Dep~rtment; Detention Center; and Youth Services. ~D, BE IT F~TH~R RESO~V=D, that the SHOC~ =o~ittee h~reby e~tabli~hed im directed t0 discharge its duties in Cod~ of Virgini~ end in accordance w~ re~lations and ~i~eli~e~ entabli~hed by %h~ Department uf Criminal Justice Services~ which shall provide technical assistance to the 94-359 5/11/94 AND, BE IT F~RTHER RE~OLVED, that the Clerk of the Beard of $~pervi~ors be directed to forward an attested copy of this resolution to the Dapartm~nt of criminal Justice Services, as required by statute. S.S.2. ADO~TIO~ OF .RESOLUTI0~ REOOGNIZI~8 ~h%Y 15 - ~!, On motion u£ Mr. McHale, seconded by ~r~ Warren, the Board adopted the following resolution: enforcement ~gencle~ throughout the County provide an ~q{EREAS, the we~k of May 15-ii, 1994 i~ racognized as WHEREAS, th~ County is proud and honored to have such outstanding and professional individual~ am law enforc~ent officers in Chesterfield C~unty who serwe to protect the health, safe~y, and welfare of its ¢itizeDry. NOW, T~EREFOR= ~E IT ~ESOLVED, that the Che~t~rfleld 1994~ as "National Law EnforceJ~ent Week" in Chesterfield County and call~ this recognition to the attention of all its citizens. Unanimous On motion of Mr. MoHale, ~econded by ~r. Warren, the Bsar~ approved amending th~ l~a~e with Ettrick Post ~o. 136, American Legion, Incorporated, which lea~e D~ovidee a community C~nter for the residents of ~ttrick, and authorized the County Administrato~ to ~ute the necessary Ieasn agreement. (It is noted the annual rental fee will increase to $750 and ~und~ are available through the Community DeValopm~nt Block Grant fe~ t~e Ettriek community c~nter.) APPROVAL OF FY94-9~ $CKOOL eO~D ~D~ET REVi~ION~ AZ~r b~ief discussion, on motion o~ ~r. ~cHal~, ~econded by ~ir. Warren, the ~oard approve~ tn~ r~ducticn in the Grants ~und of $191,~Q; confirmed that f~kndlng for Comprehensive Services~ in th~ a~o~t of $~028~9Q0, be included in the School Operating Fund~ and %oral appropriation for School Operating Fund~ .In~t=uetion Administration, Attendance and ~ealth Pupil Transpertatioo operasions and Maintenance Food Services Debt Service TOTAL Vo=e: Unanimous 10,257,137 9,055,000 27.651,900 $251,715,400 AUTHORIZATION FOR COUNTY ~DNTNIZTRATOR TO ENTER COUNTY A~REEMENTS FOR DESIGN ~-ND CONZTRUC~TON OF authorized the County Admlni~trato~ to enter into Virginia Department of Transportation (VDOT)/County agreements for tho design and con~truction of the initial phase of Route appropriated $2~0,000 from anticipated VDOT reimbursenent~ the design~ authorized the County Administrator to enter into a VDOT/County initial pha~e construction administration agreement acceptable to the County Attorney; and appropriated ~240,000 from anticipated VDOT reimburzements for the construction. AUTHORIZATION FOR OOU~TY ADMINISTI~ATOR TO ENTER INTO A RIGffT-OF-WAY ACQUISITION ~GR~]~.I~IF~' WITH VIB~INI~ ~PARTMENT OF TRANSPORTATION L~DO ROAD PAVIN~ PROJECT After brief dlscussion~ on ~otion of Mr. M~Hale, seconded by Nr. Warren, the ~oard authorized ~he County Administrator to enter into a Virginia Department of Transportation (~OT)/County right-of-way acquisition agrsemen~ acceptable to the County Attorney; authorized staff to acquire the right-of- way for the Lsdo Road Projsct, including condemnation, if necessary; and ~ppropriated $345,~00 in anticipated VDOT reimbursements for the project. Vote: Unanimous 8~_. ~T D~T.E~._~OR..~UBLIC HE/tRINeS ~.C.8.a. TO CONSIDER ~34ENDIN~ THE CO~TY'S CO~RE~EN~IVE ~I~ TO INCLUDE THE OLD GUN/ROBIOUS AREA ~LAN On motion cf ~r. ~cHale~ seeonde~ by ~r. Warren~ the Board the date of June ~, 1994 at 7:00 p.m, for a public hearing to con~ider amen~im~ the County'~ Comprehensive Plan to include Vote: Unanimous 8.C.8.b. TO CONSIDER AN ORDINANCE TO AMEND THE CO~E OF COU~TTY OF CHESTERFIELD, 1978, AZ A~EI~DED, BY · JdENDINfi SECTION $-4 RELATING TO RE~IDE/~TTAL · UILDING PERKIT 0n motion of ~r. ~c~al~, ~econd~d by Mr. W~rren~ the ~oard set th~ date of Jun~ 22, 1994 at 7:00 D.~. fo~ a ~ublic hea~ing to con~i~er an ur41nance to ~mend the Co4e of ~h~ County of Chesterfield, 1978, a~ amended, by a~ending Section 5-4 r~Iating to residential building permit fees, increasing the residential building p~rmlt fee~ for new ~y $~25. Vote: 94-361 8.0,9, REBCH~DULE DATE ~OR PUBLIC HEARING RELaTInG TO CABLE TEL~VISI0~ RERVICES IN THE COUNTY' On motion of Hr. MCHale, ~e~onded by Hr[ Warren, the Board to June 22, 1994 st 7:00 p.m. to consider granting Chesterfield Cablevision, In0orp0ratod a renewal o£ its cable television franchise and to adopt amendments to Chapter 7 of the C0~nty Code related to Droviding cable television services in the County. Vote: Unanimous 8.C.15. ~MENDMENTS TO MINUTES 1993 On motion of Mr. ~CH&le~ ~c0~ded by Mr. warren, the Board amended the December 15, 1993 minutes as follows: ~ROM: "AN ORDINANCE TO A~END THE CODE OF TME COUNTY OF CHE~TERFIELD~ 197~, AS AM~NDR~, BY AMENDING AND REENACTING SECTIONS ~1-3, ~1-~ ~1-1~, 21-17~ 21.1-14, 21.1-17, AND ADDING A NEW SECTIO~ AND A NEW SECTION 21.1-15,1 RE~TING TO AD~INIST~TIVE BE IT O~AINED by the Board of ~upervisors of Chesterfield County: (1} That Section 21-3 of th= Code Of t~e Co~nty Sec. 21-3. Definitions. Variance, Administrative - A variance of not more than two (~) feet from any building ~etba=k requirement granted by the directo~ of planning when he finds in wrY=lng that (1} the strict application of th~ ordinance requirement would produce undae hard~hi~; (2) such hardship is not shared geeera!l¥ by other properties in the ~am~ zoning district and the sa~e vicinlty~ an~ (3) the authorization of such varianc~ will not be of emb~taDtial detriment bo adjacenb property, and the oharacter of ~he zoning dlstric~ will not be changed by the granting of the variance. (~) That ~ection ~i-9 of the Code of the County cf Chesterfield, 1973~ as amende~, is amende~ to read as follows: (c) All other fees shall be imposed in conformity with Chapter 21.1, section 21.1-17. (3) That ~ection 11-1~ of the Cod9 of the County of Chesterfield, 197~, a~ a~endsd, is s~ended to read as follows: Sec. 21-!5. Powers and duties. The beard of zoning appeals mhall have the following powers and duties: 5/~1/94 (a} Except as provided for in section 21-16.1, to hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in th= administration or enforcement of this chapter. (bp Except as provided for in section ~1-1~.1, to authorize upon appeal or original application in specific tames ~uoh variance from the terms of this chapter as will not ba contrary to the public interest, when, owing to ~p~cial con~itiens a literal enforcement of the provisions will result in %%nnece~sary hardship; provided that the ~pirit of this chapter shall be observed and su~s~antlal justice done, es follows: o o o (c) ~xcept ae provided for in section ~i-16.1~ to hear and decide appeals from t~e decision of the director ef planning. No such appeal shall be heard except after n~tice and hearing as provided by Code of Virginia! section 15~1-431. (4) That Section 21-16.1 of the Code of the County of Director of Plannin~ ~ Authority to Grant Administrative V~riances. (ap At the time an application is submitted, the applicant shall e~ect whether to ~eek an administrative variance as set ferth in this ~etion o~ ~hether to seek a variance a~ set forth in section ~1-16 o~ this chapter. If the applicant fails to make such an election, him applicatioD will be procesmed under the procedure sat forth in this section. (bp The director of planning may grant an administrative variance of not more than two (~) femt from any building setback requirement contained in this chapter. Ne such administrative variance shall be authcrized byth~ direGtor of planning unless he makes th~ following findings in writing: (1) that the strict application of the ordinance requirement would produce undue hardship; (2) that much hard~hip is not sharmd g~nernlly by other properties in the ma~e zoning district and the same vicinity~ and (3) that the authorization of such administrative variance will not be of substantial detriment to adjao~n~ property and that t~e c~araetur of the zoning district will not be changed by the granting of administrative variance. (o) Any application for an administrative variance described in this section shall be made in acsordancs with the provisions of Chapter 21.1, section 21.1-1~. (dp The director of planning, er his a~ent, shall, at lsa~t seven (9) days b=fore acting on any application made pursuant to this ~ectien, post on the land or building i~volved a notice of the application as £ollows: (i) Sai~ notice shall be posted at reasenabla Xnt~rvels along street~ abutting the subject property or, if there is no abutting street, then at the proposed public entrance to the property. Th~ notice ~hall be posted in locations so as to be reasonably visible from public (2) The validity of any action on an application shall not be affected by the unauthorized removal cf a notice whioh has been d~ly posted in accordance with this s~ction. (e) The director of planning or hi~ agent shall send written notice of an application made pursuant to this action to adjacent preper%y owners by registered, certified or first ¢1a$~ mall ten (10) days before acting on any application made pursuant to this section. The notice shall specify that the director of planning will approve Qr disapprOVe the application of the application. If such written ~otice i~ provided by first class mail~ the director of planning Or his agent shall make affidavit that ~uch notice has been sent and filed affidavit wiTJ% t~e application. (f) The director of planning shall approve Or disapprove an applluation made pursuant to thi$ section not less than fourteen (14) days after the date of submission of the application. (g] Any appeal of the final decision of the director of planning o~ a~ application for an administrative varianc~ shall be made to the circuit court of the county within for=y-five (4~) days after date of final d~cizion and shall be in writing and speuify the grounds therefor. (6) That Section 21-17 of the Code o~ the CoUnty of Chesterfield, 1~78, as a~nded, is amended to read aa follows: $~g. 21-17. A~eals to Except as provided for in section 2~-~6.1. an appeal the board of zoning appealm may be token by any person aggrieved er ~y any officer, depart_m~nt, board or bureau of the COunty affected by any decision of the director o~ decision appealed from by filin~ with the director of planmin~, and with ~he ~oard of zoning ~ppeal~, a notice of appeal specifying ~he grounds thereof. The d~reetor of planning mhall forthwith transmit to the hoard of zoning appeal~ all the papers constituting %he record ~pon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the director of planning certifies ts the board of zoning appeals that by reo~on of fact~ stated in the ce~tifieat~ a stay would in him opinion cause imminent peril to llfe or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board of zoning appeals or by a cok%rt of record~ on application and on notice ts the director of planning and Sar good cause shown. QQQ {7) That Section 21.1-14 of the Coda of the County of Chesterfield, 1978, as amended, is amended to read as ~. 21.1-14. Board of zoninq appeals - Powe~ and duties. article IX, the beard of ~oning appeal~ shall hear and decide appeals from any order, requlre~ent$, decislsn Or determination made by an administrative officer in the administration or (c} Except as provided for in eec/ion 21.1-15.1 end in article IX, the board of zoning appeals shall he~r and decide appeals fr~m the de~isien of ~he director of planninq, No euoh appeal shall be heard except after notice and hearing as provided by section 21.I-1~. 94-~64 5/11/~4 (~) That ~ectlon 21.1-15.1 cf the cede of the County of Chesterfield, 1975, as amended, is amended to read as follows: ~ec. 21.1-1B.1. Director of P~iaq...r Authority to Grant Administrative Variances, (a) At the time an application is submitted, the applicant shall elect whether to seek an administrative variance ae sst forth in this section or whether to variance as set forth in section 21.1414 of this chapter. If the applicant fails to make such an election, his application will ~s processed under the procedure set forth in this (b) The director of planning may grant mn administrative variance of not more than two (2) feet from any building setback requirement ~ontained in this chapter. Ne such administrative variance shall be authorized by the director of planning un]e~s he ~akes the following findings in writing: would produce undu~ hardship; [2) that such hardship is not shored generally by other properties in the came zoning dlstri~t and the same vicinity; and (~) tha~ tk~ authorization of ~uch ~dminietrafiva variance will not be of ~ubstantial detriment to adjacent property and that the oharaote~ of the zoning district will not be changed by the 9ranting of the (o) Any application for un u~ministrative variance described in this section shall be made in accordance with the provisions of chapter 21.~ section 21.1-16. (d} The director of planning, ar his a~snt, shall, at least seven (7) days befo~ acting on any application made pursuant ts this section, post on the land or building involved a notice of the application as follows: ~1) Said ~otiee shall b~ posted at reasonable intervals along stre~t~ abutting the subject property or, if there is no abutting ~tre~t, th~n at the proposed public street e~tranoe to the property. The notice shall be posted in locations so as to be reasonably visible from p~blic (2) The validity of any action on an application which has been duly posted in accordance with this section. (e) The director of planning or his agent shall send %nfit~en no, ice of an application made pursuant to this action to adjacent property owners by registere~, certified or first olas~ mail ten Il0) days before acting on any application made pursuant to this section, The notice shell specify that the director of plannin~ will approve or disapprove the application nut l~s~ than fourteen (14) day~ after the date of submission of the application. If such written noti~ first class nail, the director of planning ur his agent shall mu~¢ affidavit that such notice has ba~n meat and filed suGh affidavit with theapplieation. (f) The dlrec~or of planning shall approve or disapprove an application made pursuant to this section not le~ than fourteen. (14) days after the date of submission of the application. (g) Any appeal of the final decision of the director of planning on an application for an administrative variance shall be made to the circuit court of the county wlthia forty-five (4S) days after date of final decision and shall be in writing and specify the gro~d~ therefor. (9) Thst Section 31.1-17 of the Code of the County of Chesterfield, 197S, a~ amended, is amended and ree~actsd to read as Rec. 21.1-17. Fees for ocs {e) Varianoss, Administrative ........ ooo [10) That Section 21.1-281 of the Code of the County of Chesterfield, 197~, ss amended, is amended and reenacted to read as follows: Sac. 21.1-281. Definiti~ns~. ooo Variance, Administrative - A variance of not mots than ~wo (~) feet from any building setback requirement granted by the director of planning when he finds in writing ~a~ (1) strict applieatien e£ the ordinance requirement would produce undue hardship; [2) ~uch hardship is net shared ~enerally by vicinity; and (3) th= authorization of such variance will not character of the zoning district will not be changed by granting of the variance. (11) Thi~ ordinance shall become effective immediately upon adoption." "AN ORDINANCE TO ANEND T~E CODE OF THE COU~T~ OF CHESTERFIELD, 1975, AS A~ND~D, BY A~E~DING AND RE~NACTIN~ SECTIONS 21-3, 21-9, 21-15~ 21-17, 21.1-14, 21.1-17, A~D ADDING A AND A NEW SECTION 21.1-15.1 RELATING TO ADMINISTRATIVE VARIANCES ~RAI~T~D BY T~E DIP~CTOR OF PLANNING AND ~E IT ORDAIneD by the Beard of Supervisors of Chesterfield County: That Sectien 21-3 ef the Cede of the County cf Chesterfield, 197S, as amended, is amende~ to r~ad a~ Sec. 21-3. Definition~. Variance, A~minis%rative - A variance of not mere than two (2) feet from any building ~etbeck requirement granted by t~e director o~ plann~n~ when he fin~s in writing that (1) the strict application of the erdinanee requirement would produce · undue hardship;. {2) such hardshi~ i~ not shared gsnerally by other properties in the same zoning district and the same vicinity; and (3) the authorization of such variance will not character of the zoning district will not be changed by the granting of the variance. That Section 21~9 of the Code of the County of ~/11/94 21-9. Fees for hearings. (o) All other fees shall be imposed in Conformity with Chapter 21.1, ~ction 21-1-17. (3) The= ~ection 21-15 of the Code cf the County of Chesterfield, 1978, a~ amended, is amended to read as follows: Powers and dutis~. The board of zoning appeals shall have the following powers and du=ies: (a) ~xcept as prouided foT in section 21-1641, to hear and decide aDpeal~ from any order, requirement, ~e~i~ien er determination made by sn ad~inistrstive officer in the administration or enforcement of this chapter. (b) Except as provided for in section 21-16.~, to au=horize upon appeal or oriqinal application in specific cases ~uch varlane~ from the term~ of this chapter as will not be contrary to the p~blis inter,st, when, owing to special conditions a literal enforcement of the previsien~ will result in ~]~neeessary hardship; provided that the spirit of thin chapter shall be observed and sub,tan=iai justice done, as follows: C 0 0 (c) Except as p~svided for in section ~1-16.1, %o hear and decide a~peals from the decision of the director of planning. No such appeal shall be heard e~c~pt after notice ~n4 hearing as provided by Code o~ Virginia, section 15.1-431. (4) That Section 21-16.1 of the Cede of the County of Chesterfield, ~978, as amended, is addod to roa~ a~ ~ellows: Sec. ~1-16.3 Dir~tDr of Plannln~ - Authority to Gran~ Administrative Variances. (a) At =he time an application is submitted, th~ applicant ~hall ~loet wh~ther to seek an administrative variance as sst forth in t~i~ ~eetion ~r whether to meek varianc~ as sst forth in ~eotion 21-16 of this chapter. applicant fails to ma~e s~ch an election, hi~ application will be processed under the p~ocedure se~ forth in th~a section. (b) The director of planning may grant an administrative variance of not more than two (~} f~et from any building setbaok requirement contained in this chapter. No such ad~i~ist~atiYe variance shall be auth0rize~ by the director of planning unless ha makes the following findings in writing: (t) thut the mtrict application of the ordinance requirement would produce undus hardship; (2) that sooth hsrdshiD is not shared generally by other propertle~ in the s~me zoning district and the same vicinity; and (3) that the authorization of such administrative variance will Dot be of substantial dstrlmsnt to adjacent property and that the character of the zoning district will not be changed by the granting of administrative varianoe. (c) Any application for an administrative varian~ .................... I ............. I_.~. ......... L ............ [ L ............... described in this section shall be made in accordance with ths provisions of Chapter 21.1~ section 21.1-16. (d) The director of planning, or his agent, shall, at least seven (7) days before acting on any application made pursuant te this section, post on the land er building involved a notice of :hs application as intervals along streets abutting the subject p~operty er~ if there is no abutting screen, then at the proposed publlc street e~tranc~ to the property. The notice ~hall be pouted in locations so as to be reasonably visible from public roads. (2) The validity of any action on an application shall not be affected by the unauthorized removal of a notice which has been duly posted in accordance with thio section. (e) The director of planning or hid agent shall send written no, ids of an application made pursuant =c this action to adjacent property owners by registered, certified or first class mail ten (10) days before acting on any application made pursuant to this section. The notice shall specify t~at .director of planning will approve or dlsap~rove the application not le~ than fourteen (14) days after the date of submission Of the application. IS such written no,ice is provided by first ~la~ mail, th~ director of planning or his agent shall maks affidavit that auuh notice has been sent and filed affidavit with the application. (f) The director of planning ~hall approv~ or disapprove an application made pursuant to this sec=ion nat less fourteen I14) ~ay~ after the date of submission of the application. (g) Any appeal of the final decision of the director of planning on an application for an administrative variance shall be mad~ tO tko circuit sour= of the county within forty-five (4~) days after date of final ~e=ision and shall b~ in writing and specify the ground~ therefor. (6) That Section 21-17 Of the Code of the County of Chesterfield, 1978, aa amended, is amended to read as follows: Sec. 21-17. Anneals to board. Except as provided £or in section 21-15.Iz an appe~l to the board of zoning appeals may be taken by any person a~grieved orby any officer, department, beard or bureau o~ the county affected by any dscision of the director of planning. Such appeal shall be taken wi~hln thirty (~0) 4~ys a£ter th, decision appealed from by filing with the director of and with the board o£ coning apDoals, a notice of appeal specifying th~ groundm thereof. The director of plan~i~g shall forthwi=h transmit to th~ board cS zoning appeals all the papers constituting the record upon whish the action appealed from was taken. An appeal shall s~ay all proceedings in furtherance of the action appealed from unless the director of planning certifies to the board cf zoning appenlo that by reason of fac~s stated in the certificate a stay would in his opinion cauo~ i~nminont peril t8 life cr property, in which case prooe~dlng~ sh~ll not b~ staye~ otherwise tha~ by a restraining o~der granted by the board of zonln~ appeal~ or by a court of planning and for good cause s~own. (7) That 2~ction ~l.l-14 of t~e Cod~ of the County of chesterfield, 1978, aa amended, is amended to read aa follows: sac. 21.1-1~. ~d..of zcniou appeals - Power and duties. (a) Except as provided in section 21.1-15,1 and in a~ticle IX, the board cf zoning app~al~ ~hall h~ar and deoide appeals from any order, requirements, decision or determination ~ade by an administrativ~ sffi=er in the administration enforcement of this chapter a~ follows: oeo (e} Except a~ Drovidsd for in aection 21.I-15.1 and in article Ix, the board cf zoning aD~eals shall hear and deoide appeals from the decision of the directur of planning. No such appeal shall be heard except after notice and hearing as provided by seetio~ ooo (8) That Rection 21.1-15.1 of the Code of tb~ County of Chesterfield, 1~78, as amended~ is amended to read a~ fsllows~ Sec, 21.1-15.1. Director of Pla~i~ - A~thorit¥ to Grant Administrative Variances. (a) At the time an application is submitted, applicant shall elect ~hether to seek an administrative variance as set forth in this section os whether ho zeek variance as set forth in section 21.~-14 of thi~ ehaptsr. If the applicant failu to nuke uuch an election, hie aDpllsation will be processed ~de~ the procedure ~et forth in thlg sea, ion. (b) The director of planning may gnash an adninistretive variance of not more than two (2) feet from any building setback requirement contained in this chapter. No such administrative varian=e shall be authorized by the director of planning unless he makes the following findings in writing: (1) that the strict application ~f the ordinance requirement would prod~c~ undue hard~hip} (~) that ~uoh hardship is Dot share~ generally by other prupertles in the same zoning district and the same vicinity; and (3) that the authorization of such administrative variance will not De of substantial d~trim~nt to adjacent property and that th~ character of the z~ing district will not be changed by t~e gra~i~g of administrative variance. (c) Any application for an administrative variance provisions of Chapter 21.1, section ~1.1-16. (d) The director of planning, or his agent, shall, at least ~even (7) day~ before acting on any application made pursuant to this ~ectisn, po~t on the lan~ er building involved a notice of the application as follows: (1) Said notice shall be posted at reasonable intervals along streets abutting the subject property or, if there is no abutting street, then at the proposed public street locations so as to be reasonably visible from public (~) The validity of any action on an application shall not be affected by =he usaa%bari=cO removal o~ a notice which has been duly posted in accordance with this section. (e) The ~ire=tar of planning or his agent shall 5/11/94 written ~0tice of an application made pursuant to this action to adjacent property owners by registeredt nertified or first Class nail ten (10) days be£oro acting on any application made pursuant to thi~ section. The notice shall specify that the director of planning will approve or disapprove the application not loss than fourteen (14) days after the date of .of the applieati0n. If such written notice is provided by first class mail, tho director of planning or his agent shall make affidavit that such notice has been sent end filed ouch affidavit with tho application. (f] The director of planning ~ha~l approve or disapprove an application made pursuant to this section nsf leca than fourteen (14) days after ~he dat~ of ~ubmission of tho application. (g) Any appeal of the final decision of the director planning on an a~plicatisn for an adminiatrativs variance shall be made to t~e ci~e~it court cf t~he county within forty-five (45) days aft~ date of final decision in writing and s~ecify the grounds (9) That Section 21.1-17 of the Cad~ of the County of Che~t~rfield~ 197~, as amended, is amendsd and reenacted to read aa follaws: Soc. 21.1-17. Fa~s fe~ hearings. Th~ cost of eec/% hearing requ~ate~ pursuant to the provisions of this chapter, including ~dvertis~ment when required, shall be as follows and shall be deposltsd simultamucusly wi~ the filing of the application or petition: (e) Zoning reclas$i£ication: (1) Without conditional usc planned development ............... ~lus, Der acre over 2QQ acres ........ 22.§0 (2} With conditional use planned development 2,250.00 Plus, per acre far tho first 200 acres . . . 45.0¢ (b) Conditional u~os and special exceptions: (1) Kultiple-family or two-family ....... 250.00 plus, per unit far each uni~ after tho first ~ units .............. (2) Manufactured ho~es~ mobile homes: b. RaeswaI ............... 245.00 (3] Planned development: a. W~tho~t zoning reclasoiflcation . . 2,250.00 b_ with ~ening reclassification .... 2,250.00 Plus, per a~re f~r tho first 200 a~ro~ Plus, per acre over 200 acres ..... 15.00 Amend Condition of planned develop~e~t, ~ach condition ........... 1,4~0.0~ (4) All ethers ................ 985.00 Pi~, per acre". .............. 20.00 Amend condition of ~oning, other than condition of planned development, per condition . . . (d) Variances . . . 570.00 (e) Varlamce~ administrative ........... 230.00 (f) Appeal to board of zoning appeals relative to daoieion of director of planning ........ 500.00 (g) Sign permits: (1) Temporary signs, as permitted by 21.1-267(f), 21.1-267(h), 21.1-267(i) and 21.1-26S (h) ................. 75.00 (2) All other signs for which building permits ara r~quired ............... 150.00 (h) Substantial accord dat~rninations . . . 1,525.00 wi~h accompanying zoning application ...... (i) Deferral requests by th~ applicant, p~r request . 50.00 (j) Nodification~ to d~v~lopment ~tandards and ~ote: Unanimous on motion of sr. ~cHala~ seconded by ~r. Warren, amended the March 30~ 1994 and April 12, ~994 follows: ~994 minute~ as -AI~ ORDINANCE TO A~END THE COD~ OF TH~ CO~T~ OF C~ESTERPI~LD, ~97~, AS A~ND~h, BY A~ENDING ~D REENACTING SECTION 6-4 RE~TING TO PE~T FEES BE IT ORDAINED by th~ Board of Su~erviEors of Chesterfield County: (1) That Section 6-4 of the code of the county._g~ Chesterfield, 1~7~, a~ amended, is amended am~ reena~t~ to Sec. 6-4. Permit fees. (a) Generally: Unless otherwise excapted~ no p~rmit to b~qin work ~ur new construction, alteration, r~moval, d~molition or oth~r building operation for con~truction r~quirad by the ~everal provisions of the virginia uniform Statewide Buildin~ Code ~hall be issued until the fees p~eseribad in this section shall have bs~n paid. No amen~ent to a peri= necessitating an additional fee b=cuuse of un increase in the estimated cost of has been paid. All such permits shall b~ issued by the buildln~ official on fo~s approved end furnished by hi~ off,ce. The fees for pe~its shall be based upon the project cost for labor and materials. Costs submitted shall be no lower than those listed in the ~arshall and Swift Index or otker evaluation of building cos=s as approved by tee Duilding ~ffi=iml. ~inimum acce~teO =osts will be adjusted annually on J~ly 1 to reflect changes in cost of construction. The building ...... I. !.....I I J L official may assess additional fees when a review of the permit application or plans show~ that sufficient fees have not been paid. Fees will be charged in accordance with the following schedule: Residential new construction: a. Finished square footage: Minimum fee .............. $ Each $1,000.00 er fraction thereof Unfinished interior square Soatage: Minimum fee ................ ~ach $1,000.00 or fraction thereof of the estimated construction cost ....... $ 4.25 c. Unfinished exterior square footage; Minimum fee ................ $ 35.00 ~ach $I,000.00 or fraction thereof of the estimated construction cost ...... $ 4.25 d. Residential Additions: Minimum fee ................ $ 50.00 estimated construction cost ........ $ 4.25 I~terior ~emedeling and alterations, buildings and,~hed~ costing over Kinimu~ fee ............... $ ~ach $1,000.0Q or fraction thereof of the e~tlmated construction oost ....... $ 4.25 a~d pavilions: Fixed rats ............. '. . $ 35.00 g. Re-roofs, trim or ~idin~ ........ $ ~5.~ h. Masonry and'fireplace r~placement/relining $ 35.00 i. Mobile hcme~: In mobile home park~ .......... $ On private property . $ Residential temporary certificates of occupancy & extensions ................ $ ~.00 k. Residential reguest for refund (administrative charge) ................. $ ~5.00 1. R~id~ntial ~imming pools (above- and in-~round): Estimated cost of $2,000 Or le~n .... $ 35.00 Each additional $1,000 or fraction thereof of ths estimated construction cost $ 4.25 m. Foundation pour inspections ....... $ If concrete testing is required because out-cf-s~ecifica~ien concrete is 94-372 ~/lZ/94 (2) utili~sd ........ $100.00 (additional) Reinspe~ien when inspector is prese~t and the concrete has b~n cancelled or delayed in n~oe~s of one hour , . $100.00 (additional), AS an alternative to the County's foundation pour inspection, ~ha building official may accept inspection reports from engineers acceptable to the building official, satisfying independence, qualifications, and reliability requirements pursuant to Section lz0-6, Unffc=m Statewids Building Coda. Commercial haw construction: Minimum fee ............. Each ~1,000.00 er frastion thereof of ~h~ $ 200.00 emtimated construction cost ....... Commercial additions: Minimum fee ............... $ 100.00 Each additional $1,000.00 or fraction thereof of the estimated construction co~t . · Signs (Building Permit Fee): Estimated cost of $2,000.00 er less . . $ 50.00 Each additional $1,000.00 or fraction there~£ of the estimate4 construction cost $ 5.00 d. Tenant upfitm, re-roofs, pavilions, pole buildings, rapai~ and ~en~vations: Estimated cost of $2~000.00 or lmms . Each additional $1,o0o.0o or Srao~ion thereof of the %atimated construGtioR e. ~obile office trailers: Fixed rate ............... $ 35.00 f. Commercial Swimming Estimated cost of $2,000 or less .... $ log.go Each additional ~l~000.0o or fraction t~e~eof of the estimatc~ construction cost g. Flag pale: Fixed rata ............. h. Tents (greater than 120 ~q. ft.): Yixed rana ............. $ 35.00 i. Commercial temporary certificates a~ occupancy & extensions .............. $ ~0.00 j. Commmrcial request for refund (adnlnistrative charge) ................ ~0% of fee Auxiliary permits: 94-373 ~/11/94 TO: a. Electrical: When the cost of labor and materials involved in instellationl alteration, replacement and/er repair is (rounded to the nearest dollar): $300.00 er lees ............. $ ~ach additional $~r000.00 or fraction thereof of estimated toot ............ $ Mechanical: ~en the cost of labor and invQlve~ in installation, alteration, replacement and/or repair is (rounded to the nearest dollar): $300.00 or le~ ............. $ $2o1.oo--5oo.0o ............. $ 4o.o0 ~ac~ additional $1,~0.00 or fraction thereof C. Ptu~ibin~: W~en the co~t of l~bor and mater~al~ involved in installation, alteration, replacement and/or repair i~ (~oundod to the nearest dollar): $300~00 or le~s ............. $ 35.00 $3ol.0o--5oo.00 ............. $ 40,00 $$01.0o--~,ooo.~o ............ S 45.00 Each additional $1,000.00 or £rac~ion thereof of estimated cost ........ .... $ d. Gas: When the co~t of labor and materials involved in inotallatlen, ulteration, replacement an~/or repair is (rounded up to the nearest dollar): $~00.~0 or 1~ ............. $ 35.00 $301.~Q--500.00 ............. $ 4O.00 $5o1,¢o--~,000-00 ............ $ 45.00 Each additionsl $1,000.00 or fraction thereof cf estimated cost ............ $ 5.00 e. Active solar system: When the cost of labor and materiale involved in installation, alteretJont replacement and/or repair is (rounded up tc the nearest dollar): $~00.00 or less ............. $ 35.00 $301.OO--SO0.O0 ............. ~ach additional $1~00.00 ur ~ractien ~hereof cf estimated cost ............. $ 5.00" "A/~ ORDINANCE TO AKEND T~E CODE OF~ OF CHESTERFIELD, 197~, AS AMENDED, BY ~ENDING AND REENACTING SECTION 6-4 RELATING TO P~IT FEE~ BE IT ORDAINED by the Board of Supervisors of County= (1] Tha~ Section 6-4 of the Code of the C~unt~ of Che~te~field~ 1978, a~ amend~d~ i~ a~nded and r~enac~ed to sec. 6~4. Permit fees. (a) Generally: Un~eas otherwise exce~ad, no permit to begi~ work for new construction, sitars%ion, removal, demeli:ion or other building operation for oonstruction required by the several provi~ions of tbs Virginia Uniform Statewide Building Code shall be issued until the fees prescribed in thi~ s~c~ion shall have been paid. ~o to a pal-mit necessitating an a~ditienal fee because of an increase in the estimated cost of th~ work involved shall be approved until the additional fee has been paid. All permits shall be issuo~ by the building official on forms approved and furnished by his office. The fees for permits shall ~e based upon the project cost for la,or an~ ma~erials. cozt~ zubmitted ~hall be no lowe~ than tho~e li~ted in the ~srshall and swift Index or other evaluation of building ~osts as approved by the building official. Minimum accepted will be adjusted annually on July 1 to rent,ct changes in of construction. The building official m~y ~sSeSS additional fees when a review of the permit ap~llcatien or plans shows that sufficient fees have not been paid. ~ees will be charged in accordance with ~he ~ollowing ~ohedula: (1) Residential new construction: s. Finished ~umre footage: Minimum fee ..... $ 155.00 ~.ch ~1,000.00 Or of the e~timated construction cost . . . $ 4.25 b. Unfinished interior square foetaqe: Minimum fee ................ $ 50.00 Each $1,000.00 or fraction thereof of estimated construction cost ....... $ ~.~5 c. unfinished exterior ~quare footaqe~ Minimum fee ................ $ 35.00 =ach $1,000.00 or ~raction thereof of the estimut=d conutruction cost ...... $ 4.25 d. Residential Additions: Minimum fee ................ $ ~0.00 Each $1,0QQ.QQ Or fraction ~hereof of estimated construction cost ........ $ 4.25 e. Interior remodeling and alterations, buildings and sheds Oo$ti~ over Minimum fe~ .... $ 35.00 Each $l,00O,00 er ~r2Q~i~n'~e~e~f'o~ the estimated construction cost ....... $ 4.~5 f, Ca,ports, canopies, pole buildings, gazebos and pavilions: Fixed rate ............... $ g. Re-roofsl tMim er siding ........ $ 35.00 h, ~aeonry and Sireplace replacement/relining $ 35.00 i. Manufactured and mobile homes: In mobile home parks ....... $ 50.00 On private property ........... $ 35,00 .............. L ........... L ,I ,. L t L ............ (2) Residential temporary certificates of occupancy .................... $ 35.00 Residential r~quest for refund (administrative f~e) ............. ..... ~ 59.00 Residential swi~in~ pools (shove- and in-ground): ~ach additional $1,000 or fraction thereof of thc estimated construction cost . . . $ 4.25 Foundation pour inspections ....... $ 325.00 (1) If concrete testing is required out-of-specification concrete is utilized ........ $100.00 (additional) (2) Reinspection when inspector is present and thc concrete has been cancelled or delayed in excess of on~ hou~ $100.00 (addit/onal) As an alternative to th~ County's foundation pour inspection, the building c£fi¢ial may accept inspection reperts from engineers acceptable ~o ~ke ~uilding official, sati~£ylng independence, qualifications! and reliability ~tatewlde Building Code. Commercial New Construction: a. Commercial n~w construction: ~inimum f~ ............... $ ~aoh $1~000.00 or fraction thereof of the estimated constructio~ oo~t ....... $ 5.00 b. Commercial additions: Minimum ~ae ............... Each additional $1,000.00 O~ fraction thereof of the estimated construction cost $ §.00 Signs: ~stimated cost of $2,OOO.OO or less . $ 58.00 ~ach additional $1,00~.00 or fraction thereof Of the e~tlmatsd construction cost $ ~.00 d. Tenant u~flts, re-roofs, pavilions, pole buildings, repairs~ and renovations: ~stlmat~d cost of 9~,000.00 or less . $ 50.00 Each additional $1,o00.00 or fraction Fixed rate f. Commercial Swimming Pools: =~tlmated cc~ of $2~000 or 1~ .... $ 100.00 Eac~ additional $1,000.00 or fraction thereof of the estimated sens~ruction cost $ 5.00 ~/11/94 g. Flag pole: Fixed rate ............... $ 35.00 h. Tent~ (greater thud 120 sq. ft.): Fixed rate ............... $ 35.00 i. Commercial temporary certificates of occupancy .................... $ 50.00 Commercial request fo~ refund (ad~inistrativ~ fee} .............. 20% of fee Auxiliary permits: a. =lectrlcal: When the co~t of labor and materials involved in installation, alteration, replacement and/er repair i~ (rounded up to the nearest dollar): $30Q.00 er le~s .......... $ 35.00 $301.00~500.00 ............. $ $501.00--1,000.00 ............ $ 45.00 Each additional $t,000.00 or fr~¢tion thereof b. Nechsn~cal: When the cost of labor and materials involved in installation, alteration, replacement and/~r repair i~ (rounded nD to the nearest dollar): 9300.00 or less ............. $ $501.©0~-1,000.00 ............ $ 45.00 =ach additional $1,000.00 or fraction thereof of estimated cost ............ C. Pltrmbing: When the co~t of labor an~ materials involved in ins~llation~ alteration, replacement and/st repair i~ (rounded up tc the nearest dollar): $300.00 o~ l~s~ ............. $ $3~1.00--500.~0 ............ $501.00==1,000.00 ............ $ 4~.00 Each additional $1,OOO.O0 or fraction thereof of estimated cost ............ $ 5.00 d. ~as: When the So~ of label and materials involved in installation, alteration, replacement and/or repair is (rounded up to the nearss~ dollar}: $~00.00 or less ............. $ 3~.0~ $301.00--500.00 ............. $ 40.00 $501.~0--1,000,00 ............ $ 45.00 Each additional $1,000.00 o~ f~actiun thereof of estimated co~ ........... ~ 5.00 material~ involved in installation, alteration, replacement and/or repair i~ (rounded uD to ~he nearest dollar): $300.00 or leas ............. $ $301.~0--500.00 ............. $ 40.00 $501.00--1,000.00 ............ $ 49.00 Each additional $1~000.00 or fraction t~e~e~f of e~timated cos% ............ $ 5.00 94-~77 5/11/94 --"] T q I r q Fire/sprinkler: When the east of labor and materials involved in installation, alteration, r~placsment and/or repair is (sounded up to the nearest dellar): $500.00 er lee~ ......... $ 35.00 $301.00--~c0.00 ..... $ 40,00 $501.00--1,000.00 ............ $ 45.00 Each additional $1,000.00 fraction hh~reof c£ estimated cost ......... $ 5.00 g. Septic tank permit ........... $ So.00 h. Well permit; When th6 cost of labor and mate~i&l~ involved in installation, alteration, replacement and/or repair is (rounded up to the nearest dollar}: ~300.00 or loss ............. $ 35.~ $501.Q0--i~000.0O ............ $ 4~.00 Each additional $t~000.00 er fraction thereef of estimated cost ............ $ 5.00 (4) Other permits: a. Annual certificate cf cempliance for elevators, escalators (per floor} ~ dumbwaiters and manlifts: Fi~ed rate~ payable on or before December 31 for the following year ............. $ 20.00 b. Debris Manifest master permits: Fixed rate ............... ~ 25.00 c. Demolition, moving or relocation of a mtru~tur~ ................. $ 25.00 e. Amusement devica~: Administrative p~r~t only Kiddie rid~ ................ Major rides ................ $ 25.00 ~pectacular rides ............. Reinspection~: Reinspection foe: Fee charged for each inspection made in sxcess of two {2) if such inspection is ma~e n~cessary du~ t~ work not beinq completed for inspection when thm raquss~ for inspection is made, or if corrections are not made b~fere call,hq for relnspection .............. (6) Trad~sman's cards and exams: a. Tradesman card~: Journeyman er master . . Journeyman's .............. $ 35,00 ~a~t~r'~ ................ $ (7) Admini~trat~v~ a- Code investigation Residential building/auxiliary, 20% of permit foe or $25.00~ w~imhevar is ~reater. ~ommernial building/auxiliary, 20% of permit fee or 550.00, whichever is gre~ter. b. Per, it amendments, extensions, reinstatements, takeovers, and transfers · · ,. ..... $ 35.00 c. Permit refunds: I£ an application for a permit is canceled by wr±tten request to the building official within ~ months of the application date, er within 12 months of the issue date, a refund will be granted. The ~ollowing administrative fees will be deducted from the refund: Residential building and ether related permits ................. $ 35.00 ComMercial building and ether related pe~it~ ................. 20% ef fee Fee exemptions: (1) No fee shall be required for building permits for construction where the cost of such construction is less than five hundred dollars ($500.00) and such construction would net invelvm securing any other ~ermit as ~equir~d by section 109.0 of the Virginia Uniform S=e~swide BuilOing Cede. (2) No fee shall be required for permit~ for the con~tructio~ Of b~ilding~ designed and used for religious assenmhlles a~ a place of (3) No fee ~hall be required for building permits for son, traction by county departments funded by the general fund. (4) No fee shall be required for per~ita in the Enterprise Zone designated by the Commonwealth of Virginia. This exemption shall e~Dire on December 31, 2014. c. Disposition of fe~s: All permit fees required by this ~ection shall be paid by the applicant to the county ~reasursr or his ~eputy a~ the time the applic~tiun for permit is filed with the building official; and upon receipP of such fee~ the treasurer shall deposit ~ame to the credit of the (2) T~at this ordinance shall b~¢ome effective July 1, 1994." Vote: Unanimous (It is noted March 30, 199A was the Budget public hearing and consideration of this ordinance was deferred until April 1~, 1994, therefore the ordinance was not adopted on ~areh $0, On ~otio~ of ~. ~¢~a~e, ~eecnd~d ~y Mr. Warren, ~hs Bcar~ aDD,eyed a raffle permit for E=off Elementary School PTA for calendar year 1994. Vote: Unanlmuus 94-37~ 5/11/94 $.C.12. REQUEST FOR FIREWORKS DIZPLAY On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request for a permit by Hr. G~orge F. Hoover to stage a fireworks display on his p~ivate p~operty et 3810 Old Gun Road West, ~idluthian, Virginia, 23113, (Bellona At,snail, on July 4, 1994, ~&in date of July 5, 199&)~ which requemt ie subject to approval by the Fire D=gartment and the County Attorney's office. Vote: Unanimous APPROVAL OF CHANGE ORDER TO J. W. DANIEL, INCOHPORAT~ P0R 9~RKTN~ LOT ~AVEKENT REPAIRS TO THE ME~ PUBLIC SAFE~ TRAINING BUILDING Mr. Daniel noted he is not related to Mr. J. W. Daniel. On motion Of ~r. M~ale, ~econded by Mr. Warren, the Board authorized the County Administrator to execute a Change Order, to ~. W. Daniel, Incorporated, i~ the a~0~t of $9~53~ for parking lot pavement repairs to the new Public Safety Training Buildin~ and appropriated said funds. ~DBNDUM TO THE SPECIAL PROJECT A~REEMENT WITH authorized the County Administrator to execute an addendum to the Special Projsct Agreement for the Residential Curbside Authority (C%~M/%] and participating localities. ~RVIC~$, INCO~90~J~T~B 8.~.1~.a. B~IL~¥ BRID~E MIDDLE On motion uf Nr. ~e~ale, seconded by ~r. Warren, the Board authorized the Chairman of th~ Board and the County Administrator to ex~uut~ an easement agreement with Commonwealth Gas Services, Incorporated to install a gas service ~o serve ~ailey Brldg= aiddl~ School. (It is noted a cspy of the plat is filed with the papers of this Board.) On motion of Mr. McHale, seconded by Mr. Warren, the ~eard .authorized the Chairman of the Board and the County Administrator to executs an sssemen~ agreemen~ wlkh ssrviee scroms th~ property of B~ford Fire Station to serve the Forest View Volunteer Rescue Squad. (It is noted a copy of the plat ie filed with the papers of this Board.} 94-~$0 5/11/94 0.C.15.c~ W~LMSLE¥ BU; MAINTRN~NOE DHOP on motion of Mr. NcKals, seconded by Mr~ Warren~ the Boa~d authorized the Chairman of the Board and the County Administrator to e~oute an easement agreement with Commonwealth Gas Services, Incorporated to install a gas service to serve the Walmsley BUS Maintenance ShoD. (It is noted a copy of the plat is filed with the papers of this Board.) S.C.i~. ACOEFT~NOES OF PARDBLS OF E.O.16.a. PORTIONS OF RIVE~mS BEND AND KINGSTON AVENUE FROM PIONEER PROPIBTIES; III On motion of Mr. M¢~als, ~eoonded by Mr. Warren, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 13.33 acres for the dedication of portions cf River's Bend Boulevard and Kingston Avan~e from Pioneer Properties, III and authorized the County Administrator to execute the necessary deed. (It ie noted a copy cf the plat io vote~ unanimous On motion of Mr. McHale, seconded by Mr. War~n, the Board accepted, on behalf of the County, %he conveyance of a parcel cf land along Beach Road from Ms. Mary W. Dickinson and authorized the County Administrator =o ~xecute th~ necessary d~ed. {It i~ note& a copy of the plat is filed with the papers cf thlm Board.) DEVELOPMENT. INCORPORATED On motion of Mr. ~oBale, seconded by Mr. Warren, the Board accepted, on behalf of the County, the conveyance of various parcels of land ~lo~g B~ach Read and Hensley Road from Richmond Development, Incorporated and authorized the county Administrator to execute the necessary deeds. (It iu noted copies of the plats ~re filed with the papers of this Board.) Vote: Unanimous 8.C.17. PUNDINS FOR SEWagE TRR&TMENT ~L~/qT$ AT C2~RVER HTDDLE A/qD GEANGE HALL ELEMENTARY ECNOOLS on notion of Mr. McHale, seconded Dy Mr. Warren, t~e Board transferred $360,00~ from the c~pitul Improvement Project (CIP) Reserve for School projects to the school capital Project Fund for replacement of sewag~ treatment plants at Carver Middle and to meet current ~nvlronm~ntal Protection kqen~y (~A) 94-35! ~/11/94 L . L I [ _1 L 9. HE~RING$ OF CITIZENS GM UNSCHEDULED ~ATTER~ OR CLAIHS Board to eat an acceptable po!icy for D~r~on~ ~peaklng st of =ime given ts these in opposition to e recent zoning r~quest additional time for tho~e in opposition to Shat particular zoning request. stated he feels citizens shoul~ be allowed a~ much time a~ possible to speak during the public hsarlng process. On ~ct±0n of Mr. Daniel, ~ecsudsd by ~r. ~arbor, ~he ~u~rd accepted the following reports: ~r- Ramsay pre.outed the Board with a report on the developer water and sewer contracts oxocutedbythe County Administrator. Mr. Ramsey prosente~ the Board wit~ a statu~ report on th~ General Fun~ Balance; Resarv~ for Future Capital Dietriot Ro~d and Street Light Funds; Lease purchases; and School Board Agenda. Mr. Kemsey stated the Virginia Department of Transportation has formally notified the county of the acceptance of the follswlng roads into the State Secondary System: ADDI~IO~ LENGTH P~_ .~ C~EK. SECTIO~ C - {Effective 4-19h9~) Route 60D2 (Laurel Top Drive) - From Rou%~ 6051 to O.ll mile southwest Route 6051 0.11 Route 6053 (~illuide Term&ce) - From Route to ~.06 mile East Route 605~ 0.06 POP,AR CREE~, SECTION D - reflective 4-19-94) Route 6Q~2 (Laurel Top Drive} - From 0.11 milo Southwest Route ~051 to 0.17 mile ~outh Route 6051 0.06 Route ~O~S (Laurel Top Court} - From Route 6052 to 0.05 mile Northeast Rcu~e 6052 0.O~ Mi Rou~e 605~ (wilson WOO~ Road} - From Route ~o 0.03 mile Southwest Route 6052 0.03 Mi WALTON LAKE, SECTION A - Route 5300 (Walton Lake Drive) - From Route 3750 to 0.29 mile East Route 3750 0.29 Mi Route 5301 (Johanna Bay Drive) - From Route to 0.~5 mile Northeast Route $~00 0.~5 Mi Route 5301 (Johanna Bay Court) - From Route 5300 to 0.06 mile South Route 5300 Route 5302 (Half Moon Bay Court) - From Route 530t tu 0.03 male West Route 5301 0.03 Mi Route 5303 (French Creek Trail) - From Rou=e 5301 to 0.05 mile ~outhea~t Route ~FOl 0.05 Mi Route §304 (Walton Creek Drive) - From Route 5300 Route 5307 (Troon Bay Drive) - From Route 5204 to Route S30S (Waterlily Court) - From Rou=e 5307 to 0.03 mile Northwest ROUte 5307 0.03 Mi Route 5309 (Lochmere Circle) - Fro~ Route $~07 0.04 aile West Route 5307 0.04 Mi ROU~e ~310 (Triton Springs Drive) - From Route ~3SS to 0.05 mile Northeast Route 5300 WALTON I2%KE, SECTION B Route 5304 (~alton Creek b~ive) - From Route 3750 Route 5305 (whisperlake court) - From Route 5384 to 0.0~ mit~ South Route 5~04 0.0~ Mi Route 5Z0S (Clearwater Drive) - From Route to 0.07 mile Northeast ~oute 5304 CODB OF VI~,~A,z,,.,FOR DISCUSSION OF ~S~ O~ RE~L FO~ ~U~LIC PUI~POSE R~L~ING TO ~HE COUNTY On motion of ~r. Barber, seconded by ~r. McHale, ~he ~oard went into an Executive Session pursuunt to Section ~.~-344(a) (3) code of virginia, for discussion of use o~ real property ~or public purpose relating to the County libraries. Vote: Unanimous R~conv~ning: On motion of Mr, KcEale, seconded by Mr. Barber, the Beard adopted the following re~olution: WHEREA$~ the Board of Supervisors h&~ this day adjourned into ~xecutive Session in accordance with a formal vote of the Board and in accordance wit~ the provisions of the virginia Freedom of Information A¢~; and WHeReAS, the virginia Freedom of Information Act effective July 1, 198~ provides for certification that ~uch R~cutiv~ Session wa~ conducted in Conformity with la~. NOW, THEREFORE BE IT RHSOLVED~ the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted 94-383 5/11/94 from eden meeting requirements under thc Freedo~ of Information Act were dls=uss~d in th~ R~cutive Session to which this certification applies, and ii) only such public business matters as were identi£ie~ in the Notion by which the ~xecutive ~emn~on was convened w~re heard, discussed, or considered by the BooEd, Ne member NE. Warren : Aye. Mr. Daniel : Aye. Mr. Barber : Aye. Mr. NcMale : Aye. Mr. Colbert: Aye. On motion ef NE. Colbert, ~eoon~d by Fbl- ~c~ale, th~ Board ~eeessed to the Administration Building, Room 502, for ~innar. Vote: Unanimous R~convening: 12. TNVOCATION Mr. Colbert introduced Reverend Jim ~oodburn, ~astor of Berean Baptist Church, who was present to give the invocation. ~, ~L~D~ OF ~E~T~NCE TO TBE FL~ OF THE UNIT,ED STATES OF Mr, Christopher P. Robinson and Mr. Dsvid E. Stuff, both of Tree9 897, led the Pledge cf Allegiance to th~ Fl=g of the united states of America. 14. RE~OLTTIONS A~D ~PECIAL RECOGKITION~ BOY Z~OUTg U~ON ~TT~INING R~/~K OF E~LE On motion of the Board, the following resolution was adopted: WM~R~A~ the Boy Ecout~ of America wan incorporated by Mr. william D. Boyee on February 8, 1910; and sitiz~n~ip training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in ~ wide variety of fields, serving in a l=aders~i~ position i~ a ~ruo~, carrying ~ut a ~rviee ~ujeot ~ene~i¢ial to his eo~n~unity, beiDg active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and W~EREAS, Mr. Christopher P. Robinson, Troop 897, ~pon~cred by Mount Pisgah United Methodist Church, has accomplished those high =tandarda cf commitment and ha~ rea~eO th~ lon~-=ought Uoal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and ~I~ER~A~, growing through hi~ e~p~ri~n~as in Scouting, himself on the great accomplishments of his County~ Christopher is indeed s member of a new generation cf prepared young citizens of whom w~ can all bQ very proud. ~OW, TM~R~?OR~ BE IT RF$0LVED, that thc Chesterfield County Board of Superv~ssr~ hereby extendm its conqratulations to ~r. Christopher P, Robinson and acknowledges the good fortune of the County to have such en outstendimg young man as one of its citizens. ~r. Barber presented the executed resolution to Mr. Robinson and congratulat=d him on his outstanding achievement. On motion of the Beard, =hs ~sllowing resolution was adopted: ~EREA$, ~he Boy $cout~ of America ~as incorporated by Mr. William D. Boyce os February ~, ~10; and WI{EREAS, the Boy Scouts of America was founded to promote Citizenship training, personal development, and fitness of individuals; and ~EREA$, after earning at least twenty-one merit badges in a wide variety of fi~ld~, ~e~ving in a leadership position in co,unity, being satire in the troop, demonstrating scout spirit, and living up to thm Scout Oath and Law; and Pisgah united Methodist church~ has accomplished tEose high m~andards of commitment and has reached the long-sough: goal of Eagle Scout which is received by le~ than two ps,cunt of those individuals entering the scouting movemen=; and ~E~AS, ~rowing through ~is ~xDerience~ in Scouting, learning the lessons of responsible citizenship, and priding ~f whom we can all be very NOW, THEREFORE BE IT RESOLVED, ~ha= %he C~esterfield County Board of Supervisorm hereby ~xtend~ its congratulation~ ~o Mr. David E, Stu~ and acknowledges gh~ good fortune of the Co~ty to hav~ much an o~tsta~di~g young ~a~ as o~ of its cit~zen~. Vote: Unanimous ~. Barber presented the executed resolution to Mr. Sturm and congratulate~ him on his outstanding achievement. 14.B* RE~O~NIZIN~ MIDLOTHIAN L~DY TROJANS BASKETBALL TE;tM FO~ THEI~ OUTSTANDING RePRESEnTATION OF CHESTERFIELD F~r. stith introduced ~r. Doug Garrett, Coach of the Midlothlan Lady Trojan~ Basketball Te~m, who introduced members of the Team present to receive the resolutions. on notion of the Board, the following ro~olution was adopted: WHEREAS, inter~cholestlc sports has long been recognized as an integral part cf Chesterfield County's ed~catlonal program to develop students fully to their physical an~ mental capacities; and WHEREAS, the 1~-94 ~i~loth~an Lady Trojans girls basketball team finished the season with the most wins, school history and only four losses; and W~EREAS, the Midlothian Lady Trojans maintained grade point average during the season believed to be the high6et in the central region; and WHEREA$~ the Midlothian Lady Trojans, exca~t for ohm week, were ranked first in th~ Central Region during the months of December, January, and February in the Richmond Times-Dispatch High ~chool Poll; and WHBR~kS, the ~idlo%hian Lady Trojans co,pitted their 15th ~onseeutive winnin~ aeasens, their second undefeated re~ular season, and tournament champlonehip~ and WH~R~%S, the ~idlothian Lady Trojans were the Central Regional finalist and had the second high, st finish in school history by making it to ~hs virginia ~igh School League Final Four in Group AAA; ~nd W~R~AS, the citizens of Chesterfield shewed support Of the Midis=haan ~a~y Trojans girls basketball team by recognition from the mediu~ strong encoura~emant fro~ the Midtothian community, and continual support from the student body, teachers, and administrative staff. NOW, THEREFORE BE IT R~SOLV~D, that the Chest=~field county Board of Supervisors ~oes hereby racognizm the Midlothian Lady Trojans girls basketball team for it~ outstanding representation of Chesterfield County. AND, BE IT FURTHER RESOLVED~ that t~e Board of Dupervisors, on behalf of the citizens of Chesterfield County, does hereby commend the Midlothian Lady Trojans for their commitment to excellence in th~ classroom and on the court and Vote: Unanimous Mm. Barber presented the executed re~elution to Mr. Garrett~ ~ooompanied by members o~ the Team, and congratulated each of the~ on thei~ outstanding achievements and representation of the county. ~r. Ga~et= e×pre~ssd appreciation for the resolution and acknowledged special qualitie~ abo~t each of the ,leadership which ~a~ been r~flected in the County by being o~ted by the Wall s~reet Journal as one of the top 20 white- who recently received the 1994 "Outstanding Local Elected Official Award" from the Virginia Chapter of the American Planning Association recognizing him for hie leadership and 94-386 5/~1/94 Metro Chamber eS Cemmerce's Inter-City visit co~ittee, is a ~e~ber of the Board of Directur~ of the Virginia Association of Counties, the Richmond Regional Planning District commission, and the Richmond International Airport .Cpmmission; and Co- chair~ the Central vir~inka Legislative Coalition. Mr. Warren expressed apDreciatio~ for the recognition and stated he began government service by serving on the Planning CoI~mimsion for four years, which was an excellent way to learn about County government. ~e further stated it w=~ a pleases tc serve on the Planning Ce~n~i~s£on a~ well as currently serving on the Board of Supervisors and indicated ha feels everyone ha~ contributed ~i~nifieantly to the futur~ of th~ County and the region. O~ C~tESTERFIBLD. I~J.8.~..AS A/~ENDED, BY AMENDIN8 NEW S~CTIONS 1~1~.~....1~-16, AND lS-17 AND ~ ORD~N~NCR F~ASSAGE BY THE COUNTY MS. Lisa Dewey~ Assistant County Attorney~ stated this dat~ and time has been advertised for a public h~aring 5o ~onsider an o~di~a~ee relating to tho r=gulation of massage by the County. ~he further stated on July 28, 1~93, the Board referred to the or~inance~ which allowed cross-gender massages under l~m~tad · e~icns and ~wo public hearln~s to review the entire massage ordinance and will require the applicant for a massage clinic to comply with uny zoning requirements for the underlying u~e. Ms. Brenda Griffith, a nationally certlfi~d ~a~age ~herapist Therapy Association, stated the Association supports the general public; will protect the public by requiring applicants tO hav~ specific ~ducation and/or training before applying for practioners the opportunity to earn a living in ~hs County; will ma~e it possible for health profe~ional~ to employ massage practieners in their ~££ices without having to obtain a massage parlor permit; and will provide additional locations in which the public can use massage therapy, she noted the stated th~ School i~ regulated by the State Board of Education of Uirginia and reviewed the proGess in which students Mr. ~orge Beadles stated he hopes =he County will not allow an uniform sbandard~ ~hroughou~ the region regarding massage. There being no ~ne else to address this ordinance, the public hearing was closed. Hr. Barber staked he feels the Planning Co~mission perfo~ed a thorough job in reviewln~ thio issue and the proposed erdiannce strictly regulates massage but is reasonable especially for small businesses. Mr. Barber then made a motion! eeaoeoed ~y Mr. colbert, £or the AN ORDI~ANC= TO ~b T~ CODR O~ THE CO~INTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING A/qD REENACTING CHAPT=R 1~ BE IT ORDAINED by the Board o~ Supervi~or~ of county: (1) That the Title of chapter 1~ of the Code of the ~SSAGE CLINICS Cheoterfield. 197~ a~ am~nde~, is aDen~ed and reenacted to read as follows: by this section: Beauty Salon: An establish~en~ whiah p~ovide~ one or of %h~ following services for any form of consideration: hair Barber shop: An establishment which provides one or mere care, makeovers, facials, manicures, pedicures, or bod~ waxing. Heal~ Club: An e=~abilshment which provides health and ~itness equipment and program~ for usa by its pat~O~ exchange for any form of consideration. body con~i=ting of rubbing, stroking, kneading, pounding, vibrating~ manipulating or ~appi~g wiC~ ~e ~and or o~h~r Darts of the human body or with th~ aid of any m~chanlcal preparations Qr by the application of ai~, tlqui~ or vapor genital part~ of another; nor may anyone expos~ sexual genital 9art~ to ~ny other person. Massage Cllni=: Any pla=e where any person ~ngmge~ conducts or carries on or permits tm ba ~ngaged in~ conducted or carried on any busine~ of giving any kind or oharaotar massage. A massage clinic shall only be located within a health club, tanning salon, beauty salon or barber including, but net limited to~ a ~ammagm clinic operator, who training and graduated from a massage school licensed by the State Board ef Education. Tanning salon: An establishment which has am its primary bumine~s the previmion of tanning services in exchange for any form of censideratlon. Sec. 13-2. Per, it 'reqD.i~.ed. It shall be unlawful for any person to render er perform or permit to be rendered or performed a massage for any form of consideration in or upon any premises within the county unless (i) the message is performed far medical, relaxation, remedial or hygienic purposes and {ii) the permon pmrforming the massage pursuant to this chapter and unlem$ a valid massage cliniu pa~i~ ~aS bee~ issued £or the premises pursuant to thi~ chapter. . The requiremunt~ of section 13-2 shall not apply to a physieiam~ surqeen~ chiropractor, ostaeputh or physical therapist duly licensed by the Commonwealth of virginia, er :o a licensed nurse acting under the prescription er direction of any ~ueh physician, surgeon, chiropractor, osteopath, or physical therapist, if the massage is performed for medical, relaxation, remedial er hygienic purposes. The requirements of section 13-2 ~hall not apply to any such physician, surqeon, chiropractor, e~eepa~h er physical therapist who has a massage practit{cner acting en his premises and under his pkescription and direction,.se long as the ~assage is performed for medical, r~laxa=ion, remedial or hygienic purposes~ T~e ~equir=m=nts of in which massaqa is given to the scalp, th~ face, the neck or the shoulders only. See. 13-4, P~rmit auulicatisn. or any person desiring to act as a massage practitioner shall make application to the Chief of Police er hie designe~ who ~hall inv~tiqate all S~ch application=. An application to obtain a permit to operate a massage clinic shall be accompanied by a receipt showing payment to the county treasure~ of %he s~m Of ~hree hundred dollars ($300.00] and for ~a~ag~ practitioners th~ sum of one hundred fifty dollars ($150.00), said sum to meyer the costs of inuestigation by thm polise division and the health and ether departments. Massage clinics and massage practitioners in business at the effective date of thi~ eectien shall have thirty (Jo) days within which to make application fo~ S~ch permits. All permits ~hal] expire annually on the anniversary date o~ the issuance of =he origin=l permit. Permits issued prier to ~y 11, 1~94 expire on t~e next anniversary date of the issuance of =he original permit and annually thereafter. Failure to file a renewal application at least 30 day~ prier te the e~piration date of the permit shall be grounds for revocation er suspension of such permit. A ~enewal application shall be completed end filed in the same manner as the original application and shall be accompanied by a receipt ~ay~ent to the county treasurer of the sum eS fifty dollars ($50.00), said sum to cover the coshm of investigation by the police division and the health and other departments. An applioation f~r a permit pursuant to thi~ chapter ~hall not be considered within twelve (12) months of denial of a request which was substantially the sa~e am the one made previously. The application for a massage practitioner permit shall contain: The full name, aqe and present address of applicant. (b} The applicant's Social Security number. (c) The applicant's ad~resses for the ten (10) ye~r~ immediately preceding the date of the application. (d) The applicant's height, weight, color of eyes and hair and sex. (e] A portrait photograph of the applicant giving a clear view of the applicant's face. fl] A set uS fingerprints of the applicant. (g} easiness, uuoapatisn or employment cf the applicant for the five (5) years immediately preceding the date of the application. Previous experience c~ the applicant a~ a clinic operator or au a massage practitioner. (i) Ail criminal convictions, other than traffic offen~e~, and date an~ place o~ conviction of applicant. A list of all contagious or cor~municable diseases had by the applicant within the D~s~ five (5) years, and the name and addre~ of the person or persons rendering treatment. With the initEal apDI~catlcn, an4 every fiv~ (S) year~ thereafter, the applicant shall provide a document from a licensed physician certifying that the applicant has b~en examined within the past thirty (30) day~ and found to be free cf all contagious or ocmmanicabl~ A llst of all oth~ p~ofsssicnal licenses held hy the applicant f~em any jurisdiction and whether or net the applicant has had any such license or revokmd. (1) Written proof of sudCossful co~pletion of 20o hours of %raining and gra4uation from a massage licensed by the State Board of Education or Of membership in the American ~assage Therapy A~seciation. (m) Written authorization for the county, its agentm and employees to conduct an investigation into the background of the applicant and the truth of the information provided. (n) Written declaration under earn, duly da=e4 mign~d by the applicant ce=tifying that the informaSion contained in t~e application is ~rue and correct. (o) T~le na~e aRd addre~m of the ma~mag~ clinics where The application for e me, sage clinic permit shall contain: The full. legal'name of the up~licant and any trade name, if applicable, and the busines~ address and telephone nulnber. (b) Thc applicant's social ~ecurity number or employer identification number. (c) The applicant's relsted employment ar businees ezperience for the five (~) years immediately preceding the date of the application, including all previous experlenc~ as a mac,age clinic operator or message practitioner. (d) A copy of any business license issued by the county for the premises. (e) Ail criminal convictions, other than traffic offeneeer and date end place of conviction of the applicant. (f) A list of all other professional licenses h~ld by the applicant from any jurisdiction and whether or or revoked. (g) Written authorization for the county, its ege~t$ end employees to conduct an investigation into the background of the applicant and th~ truth of ~he information provided. (h) written declaration under oath, duly dated and ~ign~d by th~ applican% certifying that the information contained in the application is true an correct, (i) A description of the message clinic, including the number and location of rooms to be used, the number and names of mac,age practitioners to be employed and the hours cf operation. If applicable, a lief of the o~n~ers, officers, directors an~/cr partners o~ ~he applicant, including the mama, address and title of the ~iling the application on behalf of th~ uppllcant. Sec. 13--~. Referral o~ annlication. The Chle~ of Police er his designee shall refer such application as needed te the admini~trativ~ o££icer~ of the county charged with the enforcement of the b~sine$~ license, zoning, building, plumbing, health, electric and fire prevention c~de~ for their recommendations. Sec. 13-6. GTantinc of Permit. Within sixty (60) days of the application, the Chief of Police or his designee shall issue, ur reissue in case ~he permit has haan revoked, the permit if he shell find ~11 the following: (~) The premises to be used or constructed meet the zoning, building, plumbing, electric and firs prevention codec of the county as r~ported by th~ administrative officers of the county. !b) Further medical e~a~ination or treatment of the applicant ls no5 needed. 94-391 5/11/94 ................ L L _J . L ~.1 I (c) The applicant complies with all thc requirements of this chapter. (4) The applicant is cf good Moral character and reputation in the oo~%munity and does not pass any threa~ to the health and safety of the community. Any past £elsny or misdemeanor convictions of the applioantr including a conviction pursuant to this er~inan~e, shall b~ considered in making this determination. (e) ~he applicant is over ~he age of lS and complies with T/la (£) The applicant has not made any £alse, misleading or fraudulent statements in the permit application or in any document :squired by the county in conjunction therewith. Sea. 13-7. Disulav of permit. Every person to whom a permit shall have b~en gran=~d shall display the permit in a conspicuous place aC that the sane may be readily seen by anyone entering t~e massage clinic premisss whore the massage is given. Each massage clinic shall have and maintaiu same in a clean, sanitary and workable candition: (a) Equipment for disinfecting and sterilizing nondi~esa~3e instruments and materials used in performing acts of massage. (b) Hot and cold waist and soap shall be provided at all time~. (c) Closed cabinets shall be provided f~r the use ~f storage of clean linen.. [d) Adequat~ bathing, dre~inq, locker and toilet Zasilitiss nhall be provided for patrons. A minimum of o~e (1) t~b or shower, one (1) dressing room containin~ a ~Darate looker for each patron to ba ~rved, which locker shall be capable of being locked, as ~ell as a ninimum of ena (1) toilet and one (~) washbasin shall ba provided by every ~assage clinic; however~ if ~ele and female patrons are to be served simultaneously at the clinic, separate ba[binq, a ~eparate massage room, or room~ and meparate dre~slng en~ separate toilet facilities shall be prcvide~ for mal~ and for f,mal, patrons. (e) All walls, ceilings, floors, poolm, mhowar~, bathtubm, $%~a~ roo~s and any othor physical facilities for the clinic shall be in good repair and maintained in e olean and ~anitary condition. Heat, steam or vapor room~ or cabinot~ ~hall be ~leaned each day the clinic ie in operation. Bathtubs shall be thoroughly cleaned ~ftsr each use. (f) Clean and sanitary towels and linens shall be provided for =ach patron of the clinic or each patron reteiving ~a~eaqe services. No common use of towels ar linens shall be permitted. (q} Either the massage clinic quarters or the floor of the b~ilding on which ~he quar~srs are lcca~e~ shall be equipped with a service ~ink for custodial services. (h) All massage tables, bathtubs, shower st~lls and ste&~ or bath areas shall have nonporous surfaces which may be readily disinfected. shall be permitted to give massage or come in contact with a patron cf any massage clinic unless such operator or macnage practitioner shall be fre~ of any contagious or communicable for cause, require that an operator or massag~ practitieDer not be allowed to give ~assaga unless and until any such person provide him ~ith a c~rtificate fro~ a liuensed medical doctor that such person has been examined within the previous ten ~ay~ aD~ foun~ to be fre~ of all contagious or uo~municable disease. (b) No mam~age practitioner shall knowingly s~rve any patron infected with any fungus ur other akin infection; nor shall service be performed on any patron exhibiting ukin inflammation or erupgien; however, a duly licensed phymieian may certify that any such person may be safely served prescribing the conditions r~ereof. Meo. 1~-!0. ~e¢ords of treatment. permit as provided in thim chapter nhall k~ep a r~cord of the patron and the nam~ of the ma~ag~ practitioner administering such treatment. Said recurd shall be open to innDection by the Chief of Poller er ~im (b) It shall be unlawful for any person, except a !aw enforcement officer acting in his official capacity, while seeking mas=ag~ to give a faire er fictitious name =oa massage clinic operator er employee. Any person convicted of giving false or fictitious name to a massage clinic operator or employee while seeking massage ~hall be punished by & fine of not le~ than twen~y-fiv~ dollars ($25.00) ncr more than hundred fifty ~sllars {$1S0.00). It shall be unlawful for any person to administer, for h~re or reward, to any per~on of the opposite sex any massage business, or in connection wi~h his business, any supervision to administer any massage to any per,on cf the administered for medical, relaxation, remedial or hygienic purposes by a physician, ~urgssn, chiropractor, osteopath or or direc=ien cf any suen DnysiGian, surgeon, chiropractor~ osteopath or physical therapist Or by a ~assage practitioner chiropractor, osteopath er physical therapist while he is on shall ~his section apply to barbers or beauticians who give man,age to the scalp, the face, the neck er the shoulders only. Sec. 13-1~. Business and Dermittee resuensibilitV. this chapter shall operate under any name or at any lccatiun not specified in the p~rmit. The permittee shall be responsibl~ ~om maintaining the premises in accordance with the and employees in complying with the regulremente cf this chapter. No person granted a massage practitioner per, it pursuant to this chapter shall operate unde~ any name not 94-393 5/11/94 I ...... I · J spesified in the permit. ~c pe~mittee ~hall permit in him p~emise$ a~tivity or behavior prohibited by the laws of the united States, the Commonwealth of Virginia, or this sou~ty relating to gambling, prostitution, sodomy, adultery, fornioation~ lewd and lascivious cohabitation, controlled substances or any other laws relating to obscenity or moral turpitud= and no massage practitioner shall engage in any such Behavior. Sec. 13-13. Ravocat.ion and suspension of oermit- The Chief cf Polise sr his designee may revoke or ~$pend for a term, as hereinafter provid~d~ any permit issued pursuant to this chapter upon the violation of any of the requirementm of thim chapter. No permit, however, shall be revoked R~til after a hearing shall have been held by the chieE of Police er his designee to determine jumt cause for much ~evocatien. At such hearing the permittee shell be given the opportunity to present evidence R~d argument against r~vocation or suspension. Not,ce cf such hearing shall be given the permlttaa by malting at least five (~) days prior to such hearing a ~rltten ~tatement ~etting forth the ground cf complaint~ addressed to the permlttee at the address on his permit. The de=i~ion 0£ the Chief Of Police or his designee shall b~ final- After such hearing the Chief ef Pslice or his designee may suspend permit for e term not to exceed sixty (6Q) d~ys, may revoke the permit or may dismiss the complaint, sec. 13-14. Transferability of permit. The sale or transfer oS the in~eres~ si the permitte~ in a massage clinic ~hall render null and void any permit issued pursuant to this chapter. The enlargement o~ alteration of the structure at which the massage clinic is operated shall be ~hall have been obtained fr~m the Chief of Police or his designee. Sec. 13-15. R~ht of Inspection- T~e police department er the department of health may, from time to time~ make an inspection o~ ~ho~e ar~as of each massage clinic which are open tc the public for the purposes er determining compliano~. Sush inspections ~hall be made at reasonable times and in a reasonable manner. See. t3-16. Penalty. Any person who shall violate any of t~e provisions cf this article, shall, in addition to being subject to the provimion~ of ~ 13-13 of this chapt=r and ho the provisions of any other applicable ordinance or statute, be guilty of a misdemeanor and ~pon eo~viotieh theEeof ~hatl be punished by a fine not exceeding $1,00o or by confinement in jell for a p~riod not exceeding one (1} year, eithe~ or both. Sec~ l~-l?_ gevermbitity, If any part, section~ subsection, $entence, clause or phrase of this chapter is for any reason declare~ to be unconstitutional o~ invalid, ~uc~ decision s~all not affect the validity of the remaining per, ions of this chapter. (3) That this ordinance shall besoms effective immediately upon adoption. Vote: Unanimou~ 16. ADJOURNHENT On notion of F~r. Warren~ seoonded by Mr. Be~be~, the Bourd adjourned at 7:32 9.m. un~il ~ay 12, 1994 ak 8:30 a.m. for the Regional Surfeit held at the Richnon~ Nuwspapurs Hanover Office. V~te: Unanimous chairman 94-395 5/11/94