Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
11-08-1995 Minutes
BO~D OF SUPE~VZSOR~ Mr. J. L. McHale, III~ Chairman Mr. ~thur $. ~arren, Vice Cb_rm. Mr. Harry G. Da~±al Dr. Fr~ddle W. ~icholas, Sr. Supervisors Absent: Mr. Edward B. Barber ~ir, Lane B. Ransey County 'Administrator Staff in Attendance= lea... Craig Bryant, Di~., U~ilities Ms. Marilyn Cole~ ~×eo. ASS~. to county Admin. ~tr. Richard A. Cordle, ~s, Faith L. Davis, Clerk to the Board Asst. Co. Admin., Legis_ Svcs. and Intargovern. Affairs Building official Mr. ~ichael Golden, Dir., Parks and ReC~uaticn Mr. Bradfor~ $. Hammer, Daputy C~. Admin., Mr. Russell Harris, County Ombudsman Dir., ~lanning Mental Maalth/Rotard. MS. ~a~y Leu Lyle, Dir., AOOO~n~ing Mr. Robert L. Masdeu, DeDu~y CO. A~nin., ~r. Richard M. McElfSsh, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Public Affairs General Services ~cli~ Department Mr. Janes J. L. Ste~maier, Dir., Budget & Management Mr. M. D. Stith~ Jr., DeDuty Co. Adaln., Community Dsv~lopment ~r. Frederick willis, Jr., Dir., B~ma~ Resourc~ Mgr. Mr. MoHale called the ~eg~la~ly schedulud meeting to order at ~:oo g.m. 1. A~ROV~L OF MINUTES On motion of Mr. Warren, seconded by Dr. Nicholas, the Board approved the minutes of October 25, 1995~ as submitted. Ayes : Mr. ~eHale, Mr. warren, ~r. Daniel, und Dr. Nicholas. Absent: Mr. Barber. Hr. MsHale stated ~r. Barber ~ould not be attending the ~osrd meeting due to a death in hi~ family. 2. COUNTY ~DMINIST~ATOR,S ~O~s Mr. Ramsey introduced ~r. Ste~aier to brief the Board ~ t~ County's bond rating as it relatem to other Co~ntie~ acro~ the State. Mr. Jte~maler stated out of 3,000 ~ounties in the ~ited States, Moody's ~nves~or Services rates approximately 76~ and %wen~y six of those counties, including Chesterfield, have Triple A bond ratings. H~ ~xpr~ss~d appreciation to the Boar~ for holding the County on a firm and straight financial path a Dart of this small Triple A bond rating group. Mr. Ra~ey s~ated Chesterfield County is in the top on~ percent of localities mcro~ the nation for it8 ~edibility ~ating and oo~ended the Board for the policies it has adopted over the years regarding financial stability. When asked, Mr, ~t~ai~r ~tated three Countiem in Virginia have Triple A bond ratingz and that because cf Chesterfield's bond rating, the County will g~ a reduced inter~s~ rate on M~. ~cHal= recognized Mrs. Suzanne "kenny" D~sh ~K~phr~y who was present at th~ me~%ing, congratulated her on being elected to the Board of Supervisors begXnning in ~anu~ry, 1996, and stated %~e Soar~ i~ looking forward to working with her, ~. BOARD COMMITTEE RE~ORTS Mr. Daniel expressed appreciation to oale Dis~ric~ citizens for their vote of Confidence in him for another ter~ and to everyone who gave of their tame and efforts in assisting him with his campaign. Dr. Nicholas stated he was t~e ~eynete speakur ut the annuul National A~sociation of A~vanoed Colored People (NAACP) meeting and expressed appreciation to M~. McHale for attending the meeting. ~e ~)rpres~ed appreciation to Board members and staff for their participation in the naming and dedication of the Bttrick Community Center on behalf of Mr. Whaley ~. Colbert and Mr. Jesse J. Mayes. ~r. Warren ~tated that ~everal of 36u corridor study mee=inqs have be~n held in which Mrs. "Renny" Bush H~phrey has been involved in; that the next 36Q corridor s=udy meeting will be held November 13, 1995[ and ~at he, b~l~gate John Watkin$, and st~ff from th~ Dolioe department will be meeting on Nove~er 1~, 19~5 with the topic of ~i~cussi~n being 4ealing with pro=ec~ing County neighborhood~ specifically, fo~ t~ose residents in the Ream Rued corridor Mr. Mc~ale stated the ~oIice Chief ~leetion co,lithe met a~ternoon and that he was selected ChaiT~n of ~at Co~ittee. H~ further stated th~ Co~itt~9 is moving forward with thm selection process; ~at their objective is to have the retirement of Chief Pittman; and that he will inform the ~oard om the status of the selection so that Board me,bars eau discuss the issue with, and obtain input from, their constituents at the apprupria:e time. 344(A) (7), Cede of Vir~nls, 1950~ as A~anded, for Consultation with Legal Counsel Relating to Sussex Cemmunitv Services There ware nc ~esclutions and $~esial ~ecognitione at this 6. WORK ~ESSIONS e 1996 LEgiSLATiVE PROGP~AM ~r. Ramsay ~ntrodused Ms. DeHart to brief the Board os qen~ral i~fu~mation on the upcoming Session and L~gislativ~ ~rogram an~ state~ Mr. Micas would ~view each of the 1996 Legislative Program items. Ms. DeHart stated the ~e~ral A~embly session is scheduled to convene on January 10, 1996 and that on opening day, all legislation on Charter changes, tax exemptions, and ~hsse with local fiso~l i~paets ~ust be introduced. She reviewed several change~ in the composition of the House Of Delegates and the Senate and stated that Virginia is the ninth State in the last twenty y~ars to be in a "Dower sharing" situation such as what might exist in the Senate of Virginia. She then briefly reviewed the Lagislativ~ Timetable and stated the Board of Legislative Delegation on November 21, 1995 to ~iseuss the County's 1996 Legislative Program. ~r. Ramsay noted that no Cha~ter changes have b~en recommended for the 1996 Legislative Program. Mr. Daniel requested Mr. Micas to identify which items are a n~ed o~ must and stated that he feels unless there is a s~rong need, t~e item should be held for one year. Mr. Micas stated he is unsure whether he can predict the priority of each item, however, if the Board washes to address ~r. Daniel's re~uest they would need to de se at this time. He then reviewed Administration of Government issues. There was brief di~cu~g~o~ relative =o amending Ssstlon 2.1- 339.4-$~9.8 cf the code 9f Virginia, the Freedom of Information Act ("~OIA"), to allow public bodies to ~equire advance Dayment of costs for an FOIA request if the requester has failed to pay the costs of e prier FOIA request. When asked, ~ir. ~icas stated ~he County charges 29 cents per pa~e for citizens who request copies and stated this ¢~st ia in-line with other local jurisdictions. 95-651 11/~95 Mr. Micas continued to review Adnini~tration of ~ov~rn~nt i~su~s and thsn reviewed Finance i~ues and Community Development issues. Mr. Daniel requested the Board to hold Community Development issues to amend the Code of Virqinia to permit zoning of the zoning ordinance and to amend the Code of Virginia %o private property until next year. Mr. McKale concurred with Nr. Daniel r~garding holding th~ two mentioned community Development issues until nex~ year. ~. Mioae continued to ~eview Co.unity Development issues and then reviewed legislation to support or oppose. ~. McHale briefly outlined the Lmgiml=tive items in which he feels 5re significant and that ~hould be forwarded to ~e L~gi~latiu~ D~l~gation to a44r~- are crucial and should be forward ko the Legi~lativ~ to Item 22. which would amend the Cods of Viruinia to require the ~tate Buar~ of Housing and Co.unity Development ~o adopt r~gulations for r~vi~wing complaints against local building further stated the County h~s not experienced any problems as to allow the Planning commission and the Board of zoning Appeals to continue a ~eeting i~ th~ ~vent of i~¢lement inclement weather. He stated he feels there also may be other It was ~ general con~en~u~ of the Board to delete the following Items from the 199~ Legislativ~ Program: 4. ~end Section 1~.1-167~ of =he Cod~ of Virulnia to allow wishing to establish a 5~hmviural a==Ith Au~ority. disclosed matters. 6. Amend Section 15,1-1~1 relating to indemnification h~rmlems" lan~age. Freedom of Info~ation Act ("FOIA"), to allow p~lic prior FOIA re.est. 12. Amend Section 58.1-3300 et. ~e~. of the Code,of Vir~£nia, to transfer responsibility for retaining an original land book and preparing real estate tax bills from the Commissioner of Revenue tQ ~he Director of Real Estate 13. Adopt legislation to p~ovide a~tho~ity for Commissioner of Revenue to hire outside auditing services %m conduct personal property audits. 17. Amend the Code of Uirqinia to permit zoning inspectors to issue scurf summons %0 individuals ~n violation of the ~eniag ordinance. 18. Amend the Code of Virqinia to p~rmit zoning inspectors to remove ill,gal portable signs from private prope=ty. Amen~ the ce~e of vir=inia to allow the Planning Ce~u~i~sion and the Board of Zoning Appeals to continue a mestinq in the event of inclement weather. Amend the Code of Virsinia to require the State Board of Housing and Community Deuelopment to adopt r~gulatlene for reviewing complaints against local building department in the same fashion as the Virginia State Sar. 23. Amend Section 59.1-148.3 of the Code of Virginia to allow special police officers to purchase %heir service handguns upon retirement. 25. Adopt legislation that would make it a felony and an independent substantive criminal offense to flee in a motor vehicle from a police officer. Om motion Of D~, Nichol~s~ seconded by ~ir. Warren, the Beard adopted the 1996 L~gislative Program, as amended. A~e~ : ~lr. McHale! Mr. Warren, ~r. Daniel, and Dr. ~ieholas. Absent: ~r. Barber. MT. Warren noted that when the Board meeting with m~mbers of the Legislative Delegation ~h~re may have suggestions changes tc the proposed Program. (It i~ noted a copy of the proposed 1996 L~gislative ~rogram is filed With %he papers of this Board.) DEFERRED ITEM9 OON8iDERATION OP ~MENDI~G THE O0U~TY'S NOISE ORDINANCE P~LATING TO EArLy MORNIN~ TRABH PICK-U~ Mr. ~a~r ~tated at the October 25, 1995 Board meeting, the Board defmrred consideration of amending the County's noise ordinance relating to early morning trash pick-up b~cau~e th~ waste hauling industry indicated inteFest in addressing some aspects of t~ County's noise ordinance. ~e f~rther stated staff has met wi%h =he industry~ however, staff is still in the process of finalizing language in the ordinance. Ee requested the Board ts defer consideration of amending the County's noise ordinance relating to early morning trash pick-up until December 13, 1995. 95-683 11/g/95 On notion of ~. Daniel, seconded by Dr. Nicholas, the Board deferred consideration of amendments to the County's noise ordinance regarding early ~0rni~q trash pick-up until December Ayes : Mr. McHsle~ Mr. Warren, Mr. Daniel, end Dr. Nicholas. Absent; Mr. barber. S. NEW BUSINESS 8.A. ETREETLIGHT INSTALLATION COST APFRO%'ALS On notion of Hr. Daniel, seconded by Dr. Nicholas, t_h~ Board approved the following strestlight installs=ion c0s~ ap~r0val$: Old Lane, vicinity o~ 4530, cn the existing pole No cost to install light Entrance to 3a~S River High School cost to install light: $5;030.52 * entrance to Robious Middle SChOOl Cost to install light: $1~758,3Z ~ ~ntrance tO Robicus ~lementary School ¢o~t to install light= $1~967.41 Ays~ : Mr. HmHale, Mr. Warren~ Mr. Daniel, a~d D~. Nid~olas. Absent: ~r. Barber. 8.B. DONSENT ITEI~S on motion of Dr. Nioholas, seconded by Hr. Daniel, the Board ad~pted the following resolution: I~R~AS, community involvement is the hallmark of all grea~ societies and o~ganizstions; and $~=R=AS, Chesterfield County residents with disabilities expressed an over~helming desire and need for ~ therapeutic horseback riding pro,ram and facility; and qeneral public a~ ~ell a~ children and adult~ with disabilities; an~ scale contribution~ of re~ourt~s, skills, and tal~nt~ in coordination of design, debris ole~rinq 5nd disposal, footing material, auxiliary buildings, and land~caplng; and timely manner in spite of ether compelling erganiza=ional shoosmith Brothers, Incorporated; J.H. Ma~tin and Sons Contractors, Inuorperated; Chesterfield County 4a ~rogram; Chesterfield County ~orse Ring. 8.B.I.b. RECOGniZING MB. JANET WORF4~2~N FOR HER BERVICE CONTRiBUTTON TOWARDS TKE ENT~LI$~ENT OF THE ~DHOR~ RTNG On motion of Dr. Nicholas, seconded by ~r- 0ani~!, the Board adopted the following ~eselut±on: WI~ER~AS, community ~ervice is among the greatest tradition= of Chesterfield County residents; and W~R~AS, a compelling need was identified in our community for a therapeutic horseback riding program and facility; and WHEREAS, Ks. Janet Workman remained ~n th~ forefront of a two year effort to provid= chesterfiel~ County area residents with disabilities a safe end accessible opportunity to ~jey the world of horseback riding; and WHiR=AS, ~s. Workman devoted countless hours toward ~aouring donations of time and r~mources fro~ n~erou$ area organizations involving d=bris ~learing eno disposal, grading, footing muterial, and landmcap~ng; ~EAS, these efforts were valued st tens of thou~and~ dollars a~ resulted in a uniqu~ horme rin~ faaility availsbte to ~11 ne,ers of the public. ~OW, T~EFORE BE IT R~OLV~D, that the Thes=erfield ~t~bli~hment of ~he Chesterfield county Therapeutic Riding Ayes = ~r, Mu~al~, Kr. W~rren, Mr. Daniel, and Dm. on ~otion uf Dr. Nicholas, seconded by Mr. Daniel, the Boar~ adop=e~ =he following resolution: WIqEREAS, Coun=y Central Accounting new provides sn cn~lins processing system for Interdepartmental Transfer (IDT~} which caused an accounting change for the Chesterfield Technioal Center ~rintshop operations; WHEREAS, this accounting ohango requires the need to imcreas~ ~stimat~d rev~mu~ and appropriations for the chesterfield Technical Center Printshop in the Instruction appropriation category. Pettitt, seconded by Dr. Johnson, the School Board raquu~ts t~a ~oar~ of supervisors approve an increase of $220,000 in Instruction a~propriation ca:egory by a like amoun~ in the School Operating Fund. Ayes : Mr. McHale~ Mr. Warr~n~ ~Lr. Daniel~ and Dr. Nic~hola~. B.B.2. APPROPRIATION O~ ~.~D.._S ~QR._KENRiCUS~ARK..HISTORI~L INTBNPNBTERB on motion of Dr. Nicholas, seconded by Mr. Daniel, the Board appropriated $3~,000 ($20~000 fro~ Henries County Schools, $6~509 from Chesterfield County Schools, and $11,500 from Chesterfield C~unty Human Servic~ Di¥i~ion) for Henricus ~ark Historical Interpreter~. (It is noted the budgetary responsibility for this ~ro~r~_m enhancement will reside within the Park~ and Renreation Department.) Ayes : Mr. McHale, Mr. Warren, Mr. Daniel~ and Dr. Nicholas. ;Lb=est: Mr. BarbQr. AUTHORIZATION TO INITIATE ~PPLI~&TIONB initiated an application for rezcning fro~ Agricultural (A} to G~ne~al Industrial(I-2) and waived the filing of disclosure. 8.B.~.h. REOUBSTING ~ V~TANC~ FOR PROPERTY A~ 6500 HICKORY ROAD On motion of Dr. Niahelas, sscondsd by Mr. Daniel, the Board initiated ~n application to the Board of ~oning Appeals requesting a vario~ to the setback requirement at 63~0 Hickory Road. Ayes : Mr. McNalu, ~tr. Warrou, Mr. oaniel, and Dr. Nicholas. On motion of Dr. Nisholas, seconded by ~. Daniel, the Board Southern Construction! in th~ amount cf $20,435, for the aDDrcpriated $25,000 (includes contingencies) from Water Fund b=lance; and authorized the County Admini~=rator to execute the On ~otion of Dr. Nicholas, seconded by ~r. Daniel, the Board Number Two with Pizzagalli Construction Company, in the amount Inprov~m~nts ~rojoct. Ayes : Mr. MoHale, Nr. Warren, ~r. Daniel, and Dr. Nicholas. 8.B.6. REQ~ST FOR PEP/(I~SION 8.B.~.a. )~. EICR~-~D KURY TO PL~J~T ORBW$2{~NTALS~UBBER¥ WITHIN AN BXISTIWO EIGHT TOOT S~SBM~NT TN COVE RIDGE, ~ECTION 2 On mo=ion of D~. ~icholas, seconded by ~ Denis1, the Board Ridge Subdivislon~ ~ectlon ~, ~ubjeut to the execution of a Absent: Mr. Barber. 8,B,6,b, ~L%. RANDY OHU~¥ TO INSTALL A WATER SBRVICE FOE AN BXISTIN~ RESIDENCE ~T 613 ~F~%DOW~ILLE On motion of Dr. Nicholas, s~conded by ~r, Daniel, the Board approved a raques~ from Mr. Randy Chumney to install a water s~rvie~ fo~ an existing residence at 613 Meado~ville Road, ~ubject :o ~h~ e~ecu~ion and recordation of an agreement acceptable tc tho County Attorney. (It i~ noted a copy of Ayes : ~r. ~cHale, Mr. Warren, Mr. Daniel, and Dr. Nicholas. Absent. ~r. Barber. On ~otion of Dr. ~icholas~ seconded by Mr. OaniuI, the Board accepted, on b~half Of the County, =he conveyance u£ three Chesterfield Limite~ Partnership and Falling creek Van%ute d~ds. IIt is note~ a copy of the plat is £iled with I] Ti: ]~ L ..... 1- ............../] ........ COMPANY TO EELO~ATE OVA~HBAD POWER ~LON~ WARBle RO~D 0h ~otio~ Of Dr. Nicholas, seconded by Mr. Daniel, the Beard au%hori~ed %he chairman cf the Board and the county Administrator to execute an easement agreement with Virginia Electric and Power ColD,ny to rslocate overhsad Dewsr along Warbro Road. (It is noted a copy of the plat is filed with ~he papers of this Board.) Ayes : Mr. McHala, Mr. Warrant M~. Daniel~ and Dr. Nicholas. Absent: Mr. Barber. 8.B.9 RBOUBST FOR BINSO/RAEFLE PBRMITS On motion of Dr. Nicholas, seconded by Mr. Daniel, the Board approved a ra££1e ~urmit £0r th~ Greater ~ichmond ¥~CA for calendar year 1995. Aya~ : Mr~ McMale, Mr. Werren~ Mr. Daniel, A~d Dr, Nicholas. Absent: Mr. Barber. BET DATBB FOR PUBLIC Mr. Barber. S.~,10.b, TO O0NSIDER THE ABAEDOI~MEET OF ~ PORTIOR OF WA~E BOTTOM BPRINSS ROAD. STATE ROUTE 898 On motion of Dr. Nicholas, seconded by Mr. D~niel, the Board adop~e~ the ~ullowing reaulutiun: Re~olu~ion of t~e County of Chesterfield'~ inuen=ion ~o consider a Re~sl~tion a~d O~dam to abandon a portion of Ware Pursuant to Section 33.1-1~1 of the Code of Vir=inia, 1950, a~ amended, be it resolved that the Chesterfield County Board cf Supervisors hereby gives notice tha~ a regular meebln~ to be held on Bs~smber 13, 1995 at 7:00 p.~. will Co~ider a Resolution and Order to abandon a portion of Ware Bottom Springs Road, State Route 898, more fully described as follows: A per%ion of Ware Bottom Springs Road, State Roues S~8, within Bermuda Magisterial District, Chemte~field COUnty, Virginiu as shown crosshatched on a plat by Jordan Conmul~ing Engineerings, P.C., a copy ~f w~ieh is attached to this Resolution, Acoordingly~ the Cler~ of t~e Board ~hall send a ~spy of this r~solution to ~he M~a%e Transportation commissioner t~eresf. The Clare shall further cause to be published and posted~he required notices cc the Board~ intention to abandon this portion of Ware Bottom Springs Road. Ayes : Mr. Mc~ale, Mr. Warren, ~r_ ~aniel, and Dr- Nicholas- Absent: Mr. Barber. 95-688 11/8/95 ~ENDING A~D ~EENACTING SECTION Z1.1-21~ RELATING TO HEIGHT LIMITATION 0F~¥ATURAL GEOWTHAND USE LIMITATIONS IN PROXIMXTY TO THE CKE~T~REIELD C0D~T AIRPORT On notion of Dr. ~icholas, seconded by Mr. Daniel, the Heard est the date of December 13, 1995 at 7:00 p.~. for a public hearing to consider an oxdinane~ tc sm~n~ the Code of the County of Chesterfield, 1978, as amended, by amending and reenacting Section 21.1-21~ relating ~u height l~mitet~on of natural gro~h and use limitatien~ in proximity to the Chesterfield County Air~urt. Ayes : Mr. McHals, Mr. Warren, Mr. Daniel, and Dr. Nicholas. Abme~t~ ~. Berber. B.B,10.d. TO CONSIDER ~N~RBIN~/qCE T0 AMEND THE CODE OF hearing to cem~id~r an ordinance to amend the Co~e of the reenacting Section 8-13 relating tu 1) cx~ensien~ of t~e for filing personal property tar return~ and ~) filing motor v~hiel~ personal prop=r%y tax returns. O~ ~otion os Dr. Nioheia~z seconded by Mr. Daniel, the Board amended the minutes of September 13, 1995 a~ follow~: ' FROM: "On motion of ~r. Daniel, s~cond~d by ~r. ~arberr the s~multaneeuely nominated~reappointed ~r. David W. Matthews; Mr. Daniel E. Smith; and Mr. ~. Joseph Ward to serve on ~e Greater R~eh~ond Tranmit Company (GRTC) Board of Directors, repre~entinq th~ CouNty at-large, whose terms a~e effective october 1B~ 1995 a~d will ex~pir~ at th~ annual GRTC stockholder's meeting in 0ctober~ 1996. And, further, the Beard authorized the County Administrator er hi~ designee to appear at the October 18, 199~ GRTC annual maatlng to ~cts, on behalf of the County, for th~ GRTC Directors appointed by the Board and by Richmond city County. Ayes : ~r. ~¢Mals, Mr. Warren, ~r. Daniel, and Dr. Eicholas. Absent: Mr. Barber." TO: "On motion of Mr. Daniel, seconded by ~r. Barber~ th~ Board simultaneously ncminated/reappsinted~. David W. Matthews; Mr. Daniel K. Smith; and Mr. S. Joseph Ward to ~rv~ oD %h~ Richmond Transit Company (GRTC) Board of Directors, representing the County at-large, whose terms are effective october 18, 1995 and will expire at th= annual GRTC stockholder's meeting in 0=~ober, 199~. A~, further, the Board authorized the County Administrator or his designee 95-689 .............. ~ ..... I. II ......... b .........I L L I appear at the October IS, 1995 GRTC annual meeting to vote, on behalf of th~ County, for th~ GRTC Directors appointe~ by the Board and by RichMond City Council." Ayes : Mr. McHale, Mr. Warren, Mr. DenieS, and Dr. Nicholas. Absent: Mr. Barbe~. 8.B.12. ~PPRO~RI~ION..0F FYi95 SCHOOL OFERATIN~ F~TRD ~URPLUS AND EXCES~ ~ALES T~tX R~V~N~ On motion'of Dr. Nicholas, ~eco~d by Mr. Daniel, ~e Board transferred th~ remaining th~ FY199S Operating Fund surplus, in the amount of $40t,O6~, to ~he school capital Improvement projects in FY1996 and appropriated ~e additional sale~ tax revenue fro~ FY1995~ in th~ amount of $~,750, to th~ Pupil Transportation Category in th~ School operating Fund to fund a potential over e~enditure for fleet maintenance in FY199~. Ayes : ~. McHale~ ~. Warren, Mr. Daniel, and Dr. Kichulas. DBTEOTION DOG TO OFfiCER J. L. K~/~RON, ~R, 0~ ~otion of D~. Nicholas, seconded by Mr. Daniel, th= ~oard ~rans£erred ownership of County drug ~etectio~ ~og "Magic" ~o Officer J-L- Kennon, Jr. for the price of one dollar. Ayes : }4r. MoHale, Mr. Warren, Mr. Daniel, an~ Dr. Niohola$~ Absent: Mr. Barber. g.B.14. ~PPROPRIATION OF THREE CENT RO~D ~UNDS TO ~&~(S ANn RECREATION FOR IHPROVEHENTS TO ~OHOOL GYMS FOR THE YOUTH ~HKETB~LL PROgRaM On motion of Dr. Nicholas, seconded by ~r. Daniel, the Board appropriated $1,850 f~om each District's Three Cent Road Fund (total of $9,2~0] to the Parks and Recreation operating ~udget for improvements to school 9¥ma for the Youth Ba~ksthall Ayes : Mr. HcHale, ~r. Warren, ~r. Daniel, and Dr. Nicholas. Absent= Mr. Barber. There were no Hsarings of citizens on Unscheduled ~a~er~ or Claims ~cheduled at this time_ On motion of Nr, Danlel, SecQnded by Dr. Nicholas, the Board a~cepted the following report~: A report on Developer Water and sewer Contracts and a status PrOeects; District Road and Street Liqht Fund~ amd Lea~e Purchases. Aye~ : Mr. ~cHale, Mr. w~rren, Mr. Daniel, and Dr. Nicholas. Absent: Mr. Barber. TO SUSSE~ COMMUNITY SERVICes RS$OCIATION ?ERSUS THE On ~otion of Mr. Daniel, seconded by Dr, ~icholas, the Board went into Executive Session Pursuant to Section Code of Virginia, 1950, asA mended, for consultation with Legal Versus The VirGinia Dooietv fur mentally Refereed Children. TncorDcrated. Ayes : Mr. McHmle, Mr. Warren, Mr. Daniel, and Dr. Nicholas. Absent: Mr. Barber. adopted the followlng resolution: W~ER~A~, th~ ~oard of supervisors has this day adjourned Zcard and in accordance with the p~ovisiens of the Virginia Fr=edom of Information Act~ and W~EREAS, the Virginia Freedom of Information ACt ef~ectlv~ July 1, 19~9 provides for certif~catlcn that such Executive NOW, THEREFORE SE IT RESOLVED, the Board o~ Supervisors does here~y certify that to the best of each member's knuwledgu, i) only public business matters lawfully exempted f~o~ 0pe~ m~eti~g r~q~fromen~s under t~e Freedom of Information Act w~re discussed in the ~×ecutive Sea$ion to which this cor~i~ioabion ~p~lies, and ii) only such public buminess ~atter~ es were identified heard~ discussed, or considered by the Beard. Ne me~ber di~ment~ from thi= certification. The Board being polled, the vote was as follows: Dr. Nicholas: ky~. Mr. Daniel: Aye. Fir. Warren: Aye. F~r. MoHale: Aye. Fir. Barber: Absent. i1, DINNER O~ ~otio~ Of Dr. Nicholau, ~econded by Mr. Daniel, th~ Board recessed tc the Administration ~uilding, Room 5U~ for ~inner'; Ayes : ~r. Me, ale, Mr. Warren, Mr. Daniel, ~nd Dr. Niohslss. lZ. INVOCATION Mr. Pete Stith gave the invocation. 11/8/95 13. PLEDGE OF ALLEHIANCE TO THE FLAG OF THE UNITED STATES DF A~ERICA Mr. Lane Ramsay led Pledge of All~giance to the Flag of the United States of $u~erioa. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no Re~clution~ and Speeiat Retognitio~s ~ohedDled at this time. Dr. Nicholas recognized Mr. Norman Mafou/~o, a graduate student at Virginia State University! and ~r. Bernard Jones, Staff Accountant of Grants and contracts at Virginia State University, who were present at the meeting. ~e stated they both ars studylng for their Masters Degree; that one of their assignments were to observe a meeting of the Board of Supervisors; and welcomed the~ to the meetlnq. HILLS SUBDIVISION Mr. Stith stated this date a~d ti~e has been advertised for a public hearing to consider an ordinance to vacate a portion of Windsor Hills Subdivision. No one came forward to speak in favor of or against this issue. O~ marion of Mr. McHale, seconded by ~4r. W=rren, the Board adopted the following ordinance: ("GP=ANTOR"} vacates to th~ COUNTY OF CHSBTEP~FIELD, VIRGINIA, ("GRANTEE"), a portion of windsor-Hills Subdivision, B~P~4U~A Magisterial District, Chesterfield County, Virginia, as shown on plats hhereuf duly recorded in ~ha Clerk's Of~ioa of the Circuit Court of Chesterfield C~un%y in Plat Book 10, at Pages WHEREAS~ the COUNTY OF CHESTERFIELD, VIRGINIA desires to vaeat~ a portio~ of Windsor-Hills Subdivision, Magisterial District, Chesterfield County, Virginia more particularly shown on plats of record in the Clerk's Office of the Circuit Court of said County in Plaf Book 10, Pages 10, 11 and 12, dated SEPTEMD~R 10, 1956. The portion cf the subdivision to ~e vacated is more fully described a~ follows: A portion of Windscr~Hills Subdivision, more p~rticularly shown outHin~d on a compiled map prepared by C~ESTERFIBLD COUI~TY, a copy of which i~ attached hereto and made a part Of this ordinance. 4~I of the Code Of Virginia, 199Q, as amended, by advertising; W~EREAS; no public necessity exists for the continuun=~ of the aforesaid portions of Windsor-Hills subdivision sought to be vauated and t~a vacation ~ill not abridge the rights cf any citizen. NOW~ TN~R~ORE B~ IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHeSTeRFIELD COUNTY, VIRGINIA: 95-692 11/8/95 That pursuant to S~ticn %5_l-4$2(bl of the Code of ~rqt~ia, 1950, as amended, the aforesaid portion of windsor- Nill~ ~ubdivision be and is hereby vacated. This Ordinance shall b~ in full force and effect in accordance with Section 15.1-4S~(b) ef the code of Virginia, 1950, as a~and~d, and a certified copy of this Ord~nance~ together with the map attache~ hereto shall be recorded no sooner than thirty day~ hereafter iD the Clerk's Office of the circuit Court of Che~ter~sld County, Virginia pursuant to S~ctio~ 15.1-485 of the Code of Virqinia, 1950, a~ amended. The effect of thi~ Ordinanc~ pursuant to Section is to d~stroy the force and effest of the recording of the portion of tho plats vacated. Accordingly, this Ordinance sha!l be indexed.in the names of the COUNTY OF CHESTERFIELD as GRANTOR~ and the COUNTY OF CHESTERFIELD, VIRGINIA, er its ~ucuessur~ in title, as GRANTEE. Mr. Stith ~tat~d ~his date and time has been advertised for a public hearing to consider an ordinanc~ fo uaeate eight foot eauemen%m across Lots 1 and 2, Hillanne Subdivision, Block B_, 9~ctien B. adopted the following ordinance: I"GRA~TOR") vm~ates to RI~ LAND COM~ANY and NANCY Magisterial District, Chesterfield County~ Vi~gini~ as ~hown Offic~ of the Circuit court cf chesterfield county in Plat SQQk petitioned the Board of Supervisors o£ chesterfield County, of Lots 1 and 2, ~leck E, 5illanne Subdivision, Section B, mor~ 9a:ticularly ~hown on a plat of renord in the Clerk's Page 53. The easements petitioned to be vacated are ~ore fully described a~ Hillanne subdivision, Section B, the location' of whiQh i~ more fully shown on a plat made by ~ST~BBR ~, 1~ , a =opy of which attached hereto and ~ad~ a part of this 95-693 11/~/95 WHEREAS, nc public necessity exists for the continuance of the easements sought to ba vacated. ~OW~ THEREFORE BE IT ORDAINED BY TEE BOA/~D CF SUPERVISORS OU CHf~TERFIELD COUNTY, VIRGINIA; That pursuant to Section 15.1-482(b) of the Code of VirGinia, 1950, as amended, the aforesaid easements be and are hereby vacated. This ordinance shall be in full. force and effect in accordance With Section 15.1-482(b) of the Code of Virginia, ~9~0, as amended, ~nd a certified copy of this Ordinance, toget~e~ with the plat attached hereto shall be recorded no mooner than thirty days hereafter in the Clerk's office of the Circuit Court of ~emterfield County, Virginia pursuant to Section 15.1-4S~ of the Code of Virginia, 1950, as amended. The effect c~ %his Ordinance pursuant te Section 15.1-483 im to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance ~hall vest fee simple title of th~ easement hereby vacated in the property owners of the lots free and clear of any rights of public use. Accordingly, this ordinance ~hall be iKdexed in the ~ames of the COUNTY OF CHESTERFIELD as GRANTOR, and RNR LARD COMPANY 'and NANCY B. YOUNGBLOOD, or their successors in title, as ~yem : Mr. HoHale! M_r. W~rren, Mr. Daniel, and Dr. Nicholas. Absent: M~. Barber. Mr. MoHate stated~Lv. Barbe~ will ~ot be attending the evening session of the meeting due to a death in his family. ~. Turner stated thi= date and tlma ha~ b~n advertised for a public hearing to consider amending the County's zoning ordinance relating to a minor ~ite plan r~viuw and approval process. He further stated the site Plan Review Team ha~ developed an ordin~Doe that will improv~ ~he County's ability to serve %he citizens of the County and ease the burden of construction approval for eligibl~ projects by minimizing time ~elays create~ by County :svlew and by eliminating review fees normally captured by th~ Co~ty. He ~tate~ the NroDosed process will permit the County to review and approve plans for eligible projects as ~ickly as one day and briefly revlewed the Nrimary changes of the proposed ordinance. ~e further stated staff feels the proposed ordinance i~ a positiv~ and will ne as inoentivs to ensourage redevelopment of declining commercial corridors. He stated the Wlanning Co~iss~on unanimously voted to recommend adoption ordinance; that staff has not received any opposition; and requested ~he Board to support adoption of the ordinance. NC one came forward to sneak in favor of or against this ordinance. When a~k~d, Mr. T~rner ~teted he is not aware of any cthsr jurisdictions in the metropolitan area that currently use this process, hswever, ~taff feels adoptisn cf this ordinance is a!lcwing Chesterfield County to take an important step forward to encourage sm~ll business development. Dr. Nicholas stated at the gronndbreaking of Hill Phoenix, Governor Allen stated that he was proud of Chesterfield County and the work that is being done by the Planning Commission and staff in accelerating the site Plan Review process. He further stated he feels adoption of this ordinance is unother step in the right direction, therefore, he will suppcr~ the ordinance. ~, ~cHale stated he also feels adoption of the proposed ordinanc~ is a move in the right the direction and that adoption of the srdinsnce will show small businesses that the County understands their concerns and is trying to accommodate all customers in the system. On motion of Dr. Nicholas, ~econded by F~. Daniel, the Board adopted the following ordinance: AN ORDINANC~ TO A/~END T~ coDE OF T~E COUNTY OF CHESTERFIELD, 197g~ AS APLENDED, BY ~ENDING AND REENACTING SECTION i0-31 RE~TING TO DEBRIS WASTE DISPOSAL P~ITS BE IT O~AINED by the Board of Supervisors of Chesterfield County: Che~terfield~ 5978, as emended, is amended and reenact~ Sec. 10-31. Debri~ waste dimpozal permlt--Re~ired. (a) Land-Clearing activity: With the e~eDticn of any to Chapter 21.1, no person shall engage in land-clearing iand-clearin~ a~tiulty until he shall firs= h~ve obtained and shall have in force a debris waste disposal permit from the county. The County shall not izsue a land-disturbance pursuant to ~pter 7.2 unless the applicant has ubtain~d a debris wast~ disposal permit in ~onfo~ance with this section. (2) That thi~ ordinance shall become effectiv~ ~d, ~urth~r, the ~oar~ ~dopt~ the following ordinance: ~ 0RDI~C~ TO ~D T~ CODE OF T~E COWRY OF CHESTERFIELD, 1978, AS ~ENDED~ BY ADDIN~ SECTION 7.z-lo(~) Re.TING TO ~D DISTURB~CE ACTIVITIES BE iT O~AINED by the ~oard of Su~ervlsors Chesterfield County: (1) ~at Section 7.2-10(P) of th~ Cod. of the County of Chesterfield, 1978, as amended, ~ added to read a~ Sec. 7.2-10(F} Issuance of Land Disturbanc~ Permit for which minor site olan auuroval has been ~ranted. Any person whose land disturbing activities involve land areas locate~ in ~e chesape~e Bay Preservation ~eas- Chapters Z0 ~nd Zl.1 whish are twenty-five hundred square feet or greater in area but l~ss than ten thousand a ~inor ~ita plan pursuant to ~apter ~1.%, ~hall be i~ediately ~ligible for the imsuanc~ of a land disturbance pe~it solely o~ the basis of having received miocr mite plan approval, provided there ar~ no existing eromion and sediment control violations on the property. (2) That thi~ ordinance ~hall become effective immediately upon adoption. And, £u~ther, the Board adopted the following ordinance: AN ORDINANCE TO AMEND TME CODE OF T~E COUNTY OF CHESTERFIELD, 197S, AS AMENDED, BY ADDING SECTIONS ~1-1-251.1, 274.1 A_ND 274.2 ~_ND A~SNDING Ai~D REENACTING SECTIONS 21.1-272, 21.1-273, 21.1-274, TO SITE P~ ~PROVAL BE IT ORDAINED by the Board of Supervisors of chesterfield County: (1) That Section 21.1-Z71.1 of the Code of ~e County of Sec. 21.1-271.1 U~e~ exempt from the ~ite plan (a) Temporary construction trail=r~ when located construction. (b) Temporary modular classrooms used by public or the e~iration cf one (1) y~ar fro~ th~ dat~ of initial occupancy, ~he owner shall e~th~ discontinue the use or the use shall no longer be exempt from the site plan process. (c) Temporary modular offices used for no lenger =hah one (1) year. At the expiration of one (1) year from the date 0f initial occupanoy~ t~e owne~ Ten~s used for no longer than one (1) month. At the expiration of one (1) month from the dat~ of initial occupancy, the owner shsll either discontinue the sit~ plan (e) Storage b~ildi~gs w~ich are less than 2500 square ~eet in area. sidewalks and similar features. which do not a~co~odat~ a change to the building's (h) Repairs of a general nature to existing (i) Any use involving a building addition and/or land (2) T~at Section 21.1-272 of the Code of the County of us foll~ws: Th~ following uses require a mite plan when they require thousand five hundred (~,500) square 95-696 11/8/95 (a) Nonresidential uses, be include, but not.limited to, ch%trebor, ~ehool~ or colleges, hospitals, nursing hemes, insbitutlcnal buildings, public buildings, park~ and playgrounds. (b) Any land use or development in multifamily residential, mobile home parK, office, co~ercial and industrial districts. Any nonresidential land use per~itted ~y right in any district. (d) A~y land use or developmenb for which a conditional use ur specia~ exception is r~quired. [2} That Sectlen 21.1-273 Of th~ code of the County Of Che~te~fie!d, 1978, as amended, is a~nded and reenacted to read as follows: SeQ. 21.1--27~. Preuaratlon and sub~issio~ sf s~e plans. (a) site plans, or any pettish thereof~ involving sngineerlng, landscape archlt~cture~ architecture or land surveying, ahai1 be prepared or certified respectively by an registered by ~he state to practice as s~ch. {b) Requests for site Dian ruview and approval shall be accompanied by th~ (1) A completed application form, (2) Copies as required by the ~ireotcr o~ planning. (~) Request by the applicsn= to us~ either administrative mite plan review process or the planning commission site plan review ~rscass. In aOditicn, if the applicant meet~ the eligibility crib=riu set forth ~n ~1.1- 274.1, it may use the minor site plan review process. (4) aequired fees. (~) Copies, ~e number 0£ which ~hsll be determined by the director of planning, of all commission's and board's minu=ee relating to zoning and development ef the property. {o) ~very site plan shall ~ preDareO in ~he following manner and show the following information and location of land (1) A ~ite plan ~ay be prepared in one (1) or sheets to mhow clearly ~a ~nfcr~atio~ r~q~ired by this artiole ~0 faoili~a~e review and approval of the plan. If prepared in mor~ than on~ (1) sheet, match lines shall olearly indicate wher~ ~ sheets join and each mheet shall contain an overall sketch plan ~howing the relationship of imDrovem~nt~ on each (2) A maste~ ~ite plan may be ~ubmitt=d for ar~as to be d~v~iuped in phases. Further changes, additious'or deletions ~ay be s~b~itt=d as site plans wherein only that portion of the land or ~uilding aXS~cted ne~d bu uhuwn. (3) Clearly legible blue- or black-llne copiem a site plan prepared in accordance with the requirements of this article, are required to be submitted for approval provided in this article. (4) Land use. 95-697 11/$/95 (5) Parking area~ and driveway~ including the length, width and number of parking ~paoee and the width of driveways. (6) Recreation or open spaces. (s) Boundary of the entire tract by courses and distances, including two (2) points connected to the Virginia Coordinate System of 1983 (NADB3). (9) Area and present zoning of tract. ~10) Names, addresses, telephone numbers and facsimile numbers of the owner or owners of record of the tract and the applicant. contiguous or ebuttlng property, (12) Date, scale, north paint, and number of sheets. ~ Scale shall be one (1) inch equals one hundred (100) feet or larger, for all plan ehee~s chewing buildings or building lots~ .and at least one (]) inch equals nix hundred (S00) feet on plan sheets showing ns buildings er building lots. Sheet size shall not exceed twenty~four (2~) by thirty-six (36).inches. (13) Vicinity sketch. (14) All building restriction lines, highway setback lines, utility aamements, covenants, reservations and existing, as well as ultimate, right,-of-way, a~ ~hown on the general plan. (151 Existing and finished topography with a maximum of one-foot con%our intervals. Plans depicting any off-site drainage ureas shell shew off-site tepographywith a maximum of five-foot contour intervals. number cf the per,on pr~pa~inq tho plan- (17) Storm drainage systems and natural an~ artificial ~a=ercourses. (is} All existing improvements excluding privately ewne~ and underground utilities and thc like. (19) Limit~ of any estublished l~0-y~r floodpluins. (21) Buildings and structures ~o include archi~sutural elevations/renderings; distances between buildings; nthmhsr of stories; area in gross square feet of each floor; number of dwelling units o~ guest rooms~ buildin9 hei~ht~.a~d location and size uf required street uddrem$ sign. (22} Driveways, e~t~ances, exits, parking areas and on- and elf-street loading spaces to include number uf parkin~ spaces; number cf handicapped purking spaces; and number of loading spaoes an~ pavement design detail. (24) Public water maln~ and fir~ hydrants. (25) Gee, power an4 telephone line~, ~tility ~O~DanY owned er operated, including proposed extensions of lines. 95-698 11/8/95 (26) Slopes, terraces, retaining walls~ fencing and mcreening within the re~ired yards and location of existing trees within yard or outback areas. (27) Plans for collecting and depositing storm water in accordance with the requirements of the environmental engineering department amd Method of treatment of natural and artificial watercourses, including a delineation of proposed limits of floodplainsr if any, am creatmd or enlarged by the proposed development. (28) Conceptual outdoor lighting, provided detailed piano a~e submitted prior to installation. (29) Conceptual landscaping, provided detailed plans are submitte~ prior tn installation. (3u) ~raves, o~jeot~ or structures marking places of burial. (31} Chesapeake Bay preservation dumpster pad and enclosure. (33) Any other feature of the development which is required by this chap=er to be e~ewn on a site plan. (d) The director of planning er his' agent shall be responsible for r~viewing the site plans for general completeness and compliance with sdophad plans or such administrative requirements as may b~ established prior to forwarding oopies thereof to ether reviewing agancieo or officials. (3) That Sectie~ 21.1-274 of the Code of the County of Chesterfield, 1978, as a~e~ded, i~ amended and reenaoted to r~ud us follows: (a) At the tine a site plan is submltt~d, th~ applicant shall elect whether to oesk ~pproval under the minor site plan a~mini~tra=iva site plan review process set forth in section 21.1-~7S or the planning ce~mission site plan review process set fcrt~ in ss~tion 21.1-]76. If the applicant fails to make such a selection, his application will be processed under the administrative site plan review process set forth in section (b) The director of planning or his agent shall written notice of site plan submismion to adjacent property than twenty-one ~21) dsy~ ~rior to approval or disapproval of the site plan. If such written notice is sent by first class mail, the director of planning or ~is agent s~all make affidavit that ~uch notice has been s~nt and shall file the affidavit with the application for approval. This subsection shall not be applicable to those site plan~ which are ~pproved pursuant tc the minor site plan review (4) That Section 21.I-274.1 of the Code Of the County of The director of planning or his agent may approve site plans through the minor site plan review process in accordance with recommendations by other departments, as necessary, if the following conditions are met: (a) The proposed building addition or land disturbed between two ~housand five hundred (2,500) and ten thousand (10,000) square feet. (b) Main water and/~r sswe~ sxteneions are not (c) Industrial uses shall have independent water mupplie~ muffi~ient for fire ~uppres~ion. (d) All requimitm rev~mwm by the Va. DmDartmen= of Tranlportation can be performed by resident staff. (e) The uae shall not be located adjacent to property zaned for residential use or occupied by a residence, Notwithstanding this, if the~e adjacent property owners are notified by registered ~ail, r~turn receip~ requested, of the proposed minor site plan and do not file e written objection to the minor site plan with the Director of ~lanniag, than the Director of Planning or his agent, nay approve such plan no sooner than fifteen days after receipt owners notified, changes, road improvements or internal traffic circulation changes. on the site. (h) Thfm DTooesm shall not be available if a required buffer located on nmt~ is affected by proposed improvements or requires substantial modification. (i) This process shall not be available w~en drainage {j) The Lite must comply with Chesapeake Bey regulations, e.lther by opting out of the Chesapeaks Bay requirements, conforming by use of an existing That Section ~1.1-27~.2 of =he cede of t~e County os The applicant shall Su~mit a preliminary site plan to the director of planning for a determination of eligibility for the ~inor site plan review process. If the ~ite plan meets the criteria set forth in ~21.1-271.2 and 2I.I-273(e) it shall be forwar~e~ to not meet the mliqibility requirements for the minor si~e plan review process, the applicant shall be plah ~view preQess set ~srth in section 21.1-27S or the planning conunimmion Lite plan review process set (2) coDie~ of the approved slte plan and shall be required to maintain one (1) copy On tho site at all (d) If the site plan is approved pursuant to this section~ the applicant shall not be required to pay site plan or erosion and sediment control fees. (e) If the site plan does not meet the requirements of subsection (b) above, then the applicant shall be shall refila the ~ite plan within thirty (20) days of the date of the letter of notification. ~or good r~a~o~, this time may be extended by the director of planning, or his agent. If the application is not approved after refiling, the site plan will automaticelly be processed under the sdministrative site plan review process set forth in section 21.1- 275. (f) The ~ireotor of planning shall approve or disapprove approve er disapprove the site plan Within fifteen (1~) days of the date of submission of ~ne plan, i~ approve or disapprove the site plan within sixty (60) days after it has been officially ~ub~itted for approval, the applicant, after ten (1O) days written notice to the director of planning may petition the circuit oourb ~o ~eoi~e whether the ~ite plan ahould ma~ter and shall approve or disapprove the ~ite plan in accordance with this chapter. (~) In the event the applicant disagrees with the f~Dal ~itten appeal with the planning commission wXthin shall fix a reasonable time for hearing of the appeal and decide the same within ~ixty (60) daye~ ~eoi$ien. Dk~ring this period the i director of planning shall not approve the site plan or the (6) That section ~1.1-B75 of the code of the County of sec. 2t.l-E75. Administrative site.plan rsvie~ Drosses. (a) All site plans which are properly submitted as pzovided in this article £0r administrative review and approval (1) The director of planning or his agents, relative to: a. Compliance with the reguirsnsnts of this chapter, including, but not limited to, setbacks, side yards and rear yards~ height of building, lot area and lot coverage~ fencing, screening, landscaping, lighting, architectural desi~n; and pedestrian access. 95-701 b. ~ocation, design and adequacy of automobile parring a~ to number of spaces, mquare footage per ~pac~ in~ludiDg movement lane~ and total area- (2) The director of transportation or his agents, relative to: a. Location and design of v~hicular entrancez and exits in relation to streets giving access ~o the site, Adequate provision for internal and external traffic circulation, inclndlng, but not limited to access to adjoining property; trafflc-control devices, and (3) Virginia Department of Transportation Engineer {4) The director of environmental engineering or hi~ ag~nt~, rel~tiv~ to: a, A~equaoy of drainage and erosion control b. Flood protection. Compliance with applicable eztablished all required public ~oad and draiRage d. Complimnce with the regulation~ and requirements of the Chesapeake Bay preservation areas. ~5) The director of utilities Or his agents, relative to: a. Adecf~acy of water supply and sanitary wastswater facilities. Compliance with applicable established design criteria, congtructlon standards a~d specifications for all ~q~ire~ public water and wsstewater improvements. (6) Building official or ~i~ agent~, relative to fire protection and compliance with %he provisions of the County Fire PreYmntion Code and the Uniform Stahewide Building Code. (7) Director o~ health or his agent~ relative to private wastewat~r and water (~) Chief of police or his agents relativ~ to police protection and county safety codes. (b] The director o~ planning or hi~ agen~ ~hall be responmible for ~ostinq a ~ign notifying the p~blic of oite plan ~ubmi~ion for a~ini~rative review as soon as practicable, but in no event less than twenty-one (21) days prior to approval or disapproval of the site plan. such posting shall be performed in the sa~e ~anner required for public h~aring~ described in section 21.1-18 (b). (e) The director of planning shall approve or disapprove site plans in accordance with the reviewing authorities' rsoommendations. Me shall notify the appliean= o~ his decision to approve or disapprove the site plan within thirty (30) days of th~ date of submission of the plan, if practicable. If the director of planning fails to approve or disapprove the site 95-702 11/8/95 pla~ within sixty (60) days after it has been o£ficially submitted for approval, the applicant? after ten (10] days written notice to the director of planning, 'may petition the oireuit court to decide whether the site plan. should or should not be approved. The court shall hear the matter and shall approve or disapprove the site plan in accordance with this chapter. (d) In the event the applicant disagrees with the final decision of the director of planning, he may file ~ written appeal with the plannin9 commission within fifteen (1~) days of that deelslsn. In addltie~, adjacent property owners, and other aggrieved p~rson~ who d~sir~ to appeal issues pursuant to division 5 of article IV, article VII or ~ecticn 21.1- 279.3(b) of this ohapter, may appeal the final decision c~ the director of planning by filing a written appeal with the planning commission within fifteen (15) days of that decision. Other than issues appealable by any aggrieved person pursuant to division 5 of article IV, article VII er section of this chapter, appeals by adjacent property owners shall be and include access, utility locations, ~u£fers, conditions of zoning, architectural treatment in the C-1z ©-1 and Village Districts and land use transitions. The commission shall fix a reasonable time for hea~in~ of the appeal and decide th= same within sixty (60} days. The commission may affirm, r~verse th= decision. During this period the director of planning shall not approve th~ sit~ plan or the building permit. (7) That the title of S~ntiob ~1,1-276 of the Code of the County of Chesterfield, 197~, as amended, is amended and (8) That Section 21.1-278 of the Code of the County of C~esterfield, 1978, as amended, is amended and reenacted to read ss follows: (a) After a site plan has b~en approved, minor adjustments of the site ~lan~ whiuh comply with the spirit of this article and other provi~ions of this chapter; with the intent of the approving bodies in their aDp~ovai of site plans; and with general purpose of the general plan for development of the area, may be approved by the director of planning with concurrence of the reviewing authoriti~ concerned. Deviation f~nm an approved site plan without the w~itten approval of the director of planning shall void the plan and the director of planning shall require th~ applicant to resubmit a new site pIan for consideration. (b) Any major revision of an approved si~e.plan shall be made in the same manner as originally approved; however, if the site plan wa~ approved pursuant to the minor site plan review process, and because of the proposed major revision th'e ~'ite plan no longer meets the eligibility criteria for the minor ~ite plan review procems, then the revision to the site plan shall ~e ~rooesse~ pursuan~ ~o ~hs administrative site plan review process set forth in ~21.1-~7~. For ~ech revisions, any requirements of this article which are found by the direot0r to be unnecessary to a~ure compliance with the requlrement~ of this article may be waived. (9) That Section 21.1-2B1 Of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as followm: moisture re~istant material ~tretched over a suppel-ting framework cf poles with ropes and pegs, intended for temporary ese. (10) T~at this ordinance shall become effective immediately upon adoption. Ayes : Mr. McNsla, Fir. Warren, Mr. Daniel, and Dr. Nicholas. Absent.: F~r. Barber. Mr. Ramsey stated thi~ is a true e~ampla of the Co%%nty'~ Total Quality Imprevemen~ (TQI) Program and expressed appreciation to the Board for their support of the TQI Program over the past several years. i~.D. TO OONSIDER~IqORDIN~NCE TO AMEND THE ~ODE OF THE ~OUNTY COU~Y~S ANI/~AL SHELTER Chief P{tt~n ~tatad this date and time has be~n advertised for a public hearing to consider an ordinance relating to a~u~iun fees and sterilization for dog~ and cat~ adopted f~om County'~ anima! shelter. ~e further sta~ed in 199z, the adopt a do~ o~ cat from a local pound to have the animal administrative difficulties in att~pting ~o ensure that people who adopt a dog or cat comply with this law. ~e stated fee from the adopting owners at the tlm~ the animal is ~e further s~ated ~imal Control would then pay the sterilization fe~ to the veterinarian, on behalf of the owner, after the veterinarian certlflem that the nt~rilizat~oD been performed. cost of adopting a p~t an~ that the fee is being collected to obtain better compliance by pet When asked, Chief Plttman ~tat~d the ~terilizaticn fee f0r ~le 0n motion of Dr. Nicholas~ s~conded by ~. Warren, ~e board AND RE~ACTING SECTION 5-8 RE~TING TO cowry: ('1] That Seotion 5-8 of Chesterfield, 1978, as amended, read as the Code of the County of is amended a~d reenacted to Con£inement and disooeitlen ef do*s~ mound: redemption b~ owner; ~ound charqe~; adoption (c) Any per. on pu~chasinq a dog from the county dog pound shall pay a fee of tan dollars ($10.00); s~ch money to ha disposed of in the.sane manner as dog licens~ taxes. Additionally, any person purchae±ng an unsterilized dog er cat from the county dog pound shell pay a sterilization ~ee %o the county which the county shall pay over to the veterinarian who performs the sterilization after the veterinarian has certified to the doq warden thet t~ sterilization ha~ be~n performed. The aterilizahien fee for all do~e and for female cat~ shall be t~i~ty dollars $36.00}. The sterilization fee for male oats shall be fifteen dollers [$~.00}, If eny veterinarian charges an amount in excess of th~ sterilization fee for sterilizing a doq or oat,' payment e~ the excemm a~ount shall be the responsibility of the person who adopts the dog or cat. ~otwithstanding any or_~er provisions of this ~eet~en to the centrally, at any time after the confinement period for such dog expires and the dog ~es not been claimed, it ~ay ba humanely des%toyed or di~po~ed of by ~ale or gift to a federal agency, state-suppurted institution, a~ency of the conmonwealth~ agency of another state, a licensed federal d~alsr or b~ delivery to any local h~a~e sooiety~ shelter or to a~y peruon who is a resident of the county who will pay the required license tax on s~oh animal. The purchaser of ~ueh dogs shall certify to the doq ~arden on forms furnished by the county dog ~ardan that the animals shall not be used for medical research purposes. No provision herein shall prohibit the destruction of a critically injured er critically ill dog for humane purpo~ez. The' pound shall he acc~sslhle to the 9~blic at reasonable heur~ durinq the week. (2) This ordinance shall becom= upon adoption. Ayes : Absent: eff=ctive immediately Barber. Dublin hearing to consider an ordinance relating to the unauthorized r~moval of recyelable material from recycling containers. the ordinance. ~e one came forward to s~eak in favor of or against this issue. On motion of Dr. Nicholas~ seconded by Mr. Warren~ the Board AN ORDINANCE TO A~END TEE CODE OF TEE COUNTY OF CHESTERFIELD, t97B, AS /k~E~DED, BY ADDING SECTION 10-?.l RELATING TO TEE UNAUTHORIZED Rg24OVAL OF B~ IT oR~AINZD by the Board of Supervi~er~ of chesterfield C~unty: (1) That the Code of the Cuunty of Chesterfield, 197~, as a~sndad, is a~e~ded a~d r~enacteO to add the following section: sec. 10-7.1. Removal of reoyolable materials from recycling containers unlawful. (a] "Recy¢lable material" as that term is used in this section ~hall mean material deposited in or a~ approved containers for coll~ctlon and r~ycllng by a r~ayeli~g program authorized bY the county. Such materials ~ay include but are cans, newspapers, mixed paper, plastis bottle~ and jugs and a product. remove er cause to be removed, any recy¢lahle material which has buen duposited in or at an approved container for the D~rpose of cullec~icn by an authorized recycling program. Each and shall be ~unishable as a class I Misdemeanor. (2} That this ordinance shall become effso~iv~ immedi~tely upon adoption. I~CL~DE THE PUBLIC F~ILITI~R PI~%N Mr. Glenn Larson s~ated this date and time ha~ been advertised to consider amending th~ county's comprehensive Plan to inolude the P~blis Facilities Ple~, He further stated the purpose of the Public Facilities Plan is ~o provide c~es~erfiel~ County citizens with adecuate facilities in the bast locations using accepted service levels and briefly reviewed the Plan. No ode came forward to speak in favor of or against this issue. When asked, Mr. Ramsay ~tated the Plan will be a guide to s~aff in developin~ capital improvement plans. Mr. Daniel stated he would like to see the Capital Improvement Plan everlayed with the Public Facilities Plan before any action i~ taken. When asked~ Mr. Ramsay stated there is ~o o~itical ti~ef=a~e in approving the Plan. Mr. Jacobsen stated county staff bas wor~e~ on b~is Plan ~or the pas~ two years and that a lot of the work and analysis that went into %he Plan provided the basis ~o~ eta££e work on the Capital Improvements Program. Mr. Danlsl stated he would like to see the issue deferred and for the Board to address the Capital Improvements Program and the Public Facili.~ies Elan at one tim%. 95-706 11/8/95 ~f. Daniel, however, he has much ~omfide~ce in the work of approving the Plan at thi~ time. County'm Comprehensive Plan to include the Plan. motion because there was no opposition and that the Plan coul~ bu amended in the future. incorporates ~he tbought~ o~ the Capital Improvement Program in the proposed Plan ie providing leaational criteria for the selection of sites, T~e~e was brief discussion relative to how flexible the Plan certain circumstances. Mr. Ramsay stated the P~an provides the general standards of ~r. MeHale ~hen called for the vote on the motion made by Dr. Ceunty'~ Comprehensive Plan to include t~e Public Facilitie~ ~lan. T~.~. ~o cON$ID~RAN 0RDIN~-NC~ TO AM~R~DTHE CODE OF THE COUNTY o~ CHESTERFIELD, &978, A~ AHB~DED, BY ../~..ENDING ~ ELDEELY AND DISABLED con~d~r an ordinance relating ts ~ax relief for the elderly and disabled. He further stated th= figures under the current ordinance were adopted in ~ay, 1991 So~ %he 1991 tax year. He stated that Mr. Barber has reqFae~ted that the percentage exemption system be ravise~ to include a 7~ percent exemption level and reviewed the proposed categories of ex--pt±on. ~e stated in 1994/95 the County exenpt~d $859,1~6 in taxes under No one came forward to speak in favor Of or against this ordinance. There being no one else to addres~ this ordinance the public On motion of Dr. Nicholas, seconded by ~ir. Warren, the Board adopted the following ordinance: ~ ORDIN~CE TO ~D THE CODE OF THE COUNTY AND REENACTING SECTION 8-16 RE~TT~G T0 TAX R~LI~F FOR T~ =~D~R~ ~D DISABLED County: (~) That Section 8-16 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as .follow~ (a) When the total combined income f~om all sources and the net combined financial worth of the persons qualifying doee not exceed the limits Drescribed in section 8-15, the amcun% of exemption from real estate taxation for the dwelling, manufactured home, and up to one (1} acre o£ land upon which it is situated zhall De in accordance with the followinq schedule: $0 ~oug~ $17,~00 $17,601 through $25,800 $25,801 through $35,100 $35,101%brough $40,000 100 75 50 (b) The tax exemption provided Dy this article shall not exceed two thousand dollars (~) This ordinance shall become effective immediately u~om adoption. Ayes : Mr. HoHale, Mr. Warren, Mr. Daniel, and Dr. Nicholas. 16. ADJOURNMENT On me, ion o~ ~. Da~iel~ ~eCOD~ by Dr. ~ichole~, ~h¢ ~oard 'adjourned at 7:40 p.m. until November ~1, 199~ at 3:00 p.m. Ay~ : Mr. ~c~ale, Mr. Warren, Mr. Daniel, and Dr. Nicholas. Absent: Mr. BarSer. ~a ~. Morale, III lrman