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08-23-1995 Minutes~pervi~oz~ in Attendance: J. L. McHat~, ~I~, Chairman Arthur $, Warren, Vice Chrm. Fdward B. B~rb~r Harry G. Daniel Freddie W. Nicholas~ Sr. Lane B. Ramsey O£fi~e on Youth Mr. Craig Bryant, Oir., Commissioner u£ R~venue M~. Marityn Cole, ~hief Robert L. Ean~ Fire Major Dennis G. McDonald Mr, Gary R. Mr. Jeffrey L. Mincks, Public Affakra Mr. M. O. Dtitk~ Jr., CDBG Office 2:15 p.m. ~5-z98 1. ~WROV~L OF MINUTES On motion of Dr. Nioholas~ ~eoonded by M~. Barber, the Board approved the minutes of Uuly 2~, 1995, aa submitted. tt was the general concensuc of the ~oard to move ~tsm S.C., Consideration of Resolution Regarding M~nry A. Waxman's Unsubstantiated Allegations Against the chesterfield County PlEb]ie School5 to fellow Item 1., Approval of Minutes, and to move Item 5., Resolutionc and special Recognitions to follow Item S.C. Mr. Daniel disclosed ~o the Board that he i~ smployed by Philip virginia Comprehensive Conflict of Intsrest Act, and e~cused himself from th~ m~eting. california, made a speech on the floor of the House of Representatives of the United States of A~erica in which alleged that Philip Morris USA and the Che~terfie!d County best hypsrkine~ic and borderline hyperkinetic third students to d~termi~e whether such students wi!l become sigsrette smoker~ in their teenage years; and creating a p~rmanent record of ~i9 all=gations ~g~in~t the Che=terfleld County publi~ sohool~; and identity of his alleqed secret source so that his allegations against the Chesterfield County public schools can s~ther be confirmed or refuted; and interviewing many current and former school principals, ~HE~EAS, the exhaustive research conducted by the School Board has produced no evidence that the Chesterfield county evidence that the Chesterfield County public schools h~erkinm=ic and borderline hyp~rkinetic elementary school student= between 1974 an~ 1998 for any A, Wa~au to produce any evidence tha~ he may have of 95-499 8/23/95 accusations made by him on July 24, 1995. Mr. Warren stated ha requested staff to prepare a resolution re~ardin~ Csngressman Waxnan'o allegations. ~e further stated h~ wrote to Congressman Wa~m~n after the County School System researched this i~sue and ~ound no evidence ~o ~uppor~ his allegations. Me nsted~tc. Wa~man has not contacted him by mail at this time. ~e then in~rodnced Ms. Debts Marlcw, Director O£ Comunlty Relations for the School Doard, to brief the Board on the research performed by staff On this ins~e. Me. Marlow Stated the school system prepared a media advisory on August ~, 1995 and that staff found no evidence during their e~tensivs research to support Fir. Wa~an's allegations. When interviewed approximately 25 former administrators, clerical staff, and others who may have be~n associated with this issue. She stated there is no record that Philip Ho~is and during 1974 to 1978. Dr- Nicholas clarified that if ts~tin~ wa~ conducted it would have been approved by the School Board Superintendent and the S=heol Board. MS. Marlow stated ~taff found no approval from the superintendent or the suhcel ~oar~ r~garding Ch~ t~sting and that staff also we~t to the State Department of Eduoation~ to research records that have been filed by the county's School been conducted. Oh~ further ~tated in the early 1979's third grade teacher~ did a teacher observation rating scale to identify why some children wars not learning in the regalar school setting, however, no testing was administered to children and there was a staadard scale used by educators and wa~ not developed in oollaboratisn wit/~ anyone el~e. When asked, she stated o~servation rating scal~ informatisn would be handled at the administration level and is only discussed with indicated information was shared with Philip Morris that could be construed as a study on children. When asked, Ms. Nar!ow stated Philip ~urris has ~rsparsd a media release regarding their position on the issue and will Mr. Warrmn stated the Superintendent of the School System, during that particular time period, has been quoted in the newspapers as having no knuwladge of the testing. On motion of Mr. Warren, ~sccn~ed by Dr. Rioholas, ~he ~card adopted the following re~olutien: WHEREAS, on July 24, f~95, Congressman ~nry A. Wa~man of California, nude a speech on thc ~luor u~ thc souse cf Repmesentatives of the united State~ of ~eriea in which he alleged that Philip ~orris USA and the chsstsrfield County test hyperkinetlc and borderline hyp~rklnetlo third grade students to determine whether such students will 5e~o~e cigarette smokers in their teunage y~arn; and W~REA$, Congressmen Waxman later caused the July 24 speech ~c he Dla~ed i~ the congressional Record, thereby creating a permanent record of his allegations against the Chesterfield County public sohoolo; and 9s-B00 WHEREAS, Congressman Wuxman claims to have a secret source and documents obtained from Philip Morri~ that corroborate his allegations but has refused to release the docum~nt~ or t~e identity of his alleged secret source se that his allegations against the Chesterfield County public schools can either be oonfi~med er refuted; an~ ~HER~A$, the s~hco~ Board of Chesterfield County ha~ allegations, including reviewing voluminous ~c~ool records and interviewing many current and foyer mchool pEi~cipal$, ~EREAS, the e~au~tive research conducted by the ~chool Board has produced no avidencm that the chesterfield County public schools ever collaborated with Philip Morris USA on any evidence that the ~esterfield Cowry public schools tested NOW, THEREFORE BE IT RESOLED, that the Board of supervimor~ of chemterfi~l~ Go~n~y calls u~on Congressman Henry A. Wu~un to produce any ~vidence that he may hav~ of his acou~ation~ against th= Ohe~terfleld County publi~ schools ~o that the accusations can be confirmed or denied, or els~ %o Ayes: Kr. MOH~le, Mr. Warren, Mr. Barber, and Dr. Nicholas. Absent: Mr. Daniel. 5. RESOLUTIGNSAND SPECIAL EEOO~ITIONS ~.A. RECOGNIZING THE LATE MRS. DOROTHY HEWI~AN AP~STRON~ ~OR EER ~%NY CONTRTB~TIONR TO C~ESTERFIE~D ¢OUlqTY Mr. Stith introdnced Mr. Larry Armstrong who was pr=~nt to receive the resolution on behalf of the late Mrs. Dorothy ~e%n~sn Armstrong. On motlon of the Beard, the following resolutio~ was ~R~A$, ~rs. Dorothy "Dottle" Ne~an ~rong Revs=ed a lifetime of service to Chesterfield County t~ough her contributions in many areas including the arBs, historic preservation, b=autification, social set. ices, and government; an4 Corr Nursinq Ho~e~ its residents, and ~taff a~d du~ing the past twenty-five years was instrumental ~n forming the Nursing Home Advisory Co~itte~ and served as its chairman g~veral was the prime mover in implementing a landscaping project that college classes for nursing home residents; assisted providing information so that the residents =cold be better and chaired the ~ and 2~th anniversary celebrationm at the Co~ittee on Aging; the Lcng-Te~ Care ~ubco~ittee; and the Ch~t~rf{ald Advocaay Group and her social consciousnes~ uluo was evident in her service ~o th~ Girl Scouts, the March of Di~es~ the A~erica~ Red C=oss, thu~ri~tm=s Muth~r, the League of Wome~ Voters, the W0meD's Club of Che~ter~ garden clubs~ and other such organizations; and W~RFJ~S, Mrs. Armstrong championed education by encouraging high standards and the adoption of bond issum~ far ~chools and d~vot~d her talent~ to opposing busing and consolidating in the 1970s; supported the expansion of the County's library syste~; e~smplifi~d lif~-long l~arnlng; mhd worked to bring the "A~erioam Dream" statue at the School Board offices ~o reality; an~ WHEREAS, Mrs. ~_rmetrong ~upportsd the arts -- opening h~r home to the John Rolfe Players when the troupe first for~ed and over the years offering her acting, etag~, and public relations skills to the group~ and WHEREAS, M~S. A~mztrong promoted historic preservation through her work on Jeff o'Dell~s ~istoric Sites of Chesterfield Countv~ worked to have ~e Courthouse designated as an historio distrio=; and served on th~ Chester Village Co~ittee. ~ow~ T~E~FO~E BE IT RESOLVED, ~at the ~sterfield r~sidents for her lifelong co~i~en% to improve the quality of lisa in Chesterfield County. Vu~e: Unanimou= A~t~ong, accompanie~ by family members, and expressed appr=ciation for ~s. A~strong's many ~ontributions to ~e art~, ~ducation, a~d historic preservation of Chesterfield County. Mr. Armstrong expressed appreciation for the rec~ition. 5.B. R~COGNIZ!M~ LIEUTENANT UOHN T. TERRELL, JR., POLICE BEPARTMZ~T Major McDonald introduced Lieutenant John T. Terrell, Jr.~ who On motion of the Board~ the followi~g re~olution wa~ adopted: quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Terrell ha~ ~e~ved the C0~ty with dedication and courage in the =apaclty of Dispatcher, Patrol officer, Detect~ve, Sergeant, and Lieutenant; and WHEREAS, Lieutenant Terrell has ~ignificantly impacted the safety of the community by solving numerous oases during his tenure as a Deteotive in t21e Investigations Divisions and by providing ~daDCe as a ~hift supervisor in the Uniform Operatiuns ~ureau; and WHEREAS, Li%utenant TerrelI has provided the Chesterfield County Police Department with many years of loyal and d~dicat~d service; and WHEREAS, Chesterfield County and the Board of ~upervisors will miss Lieutenant Terreli's diligent service. 95~502 8/~3/95 County Board of Supervisors publicly recognizes Lieutenant John T. Terrell, Jr., and extends, on behalf of its members and the citizens of Chesterfield ¢ounty~ their appreciation for his service to the County. AND, BE IT FURTMER RESOLVED, that a copy of ~his re.elation b~ presented to Lieutenant Turr~ll and that this re~olution be permanently re~orded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous Mr. MnHale presented the e~ecut~d re,elation and Jefferson Cup to Mr. Terrell, expressed appreciation for his dedicated ~ervice to th~ County, and wi=hsd him well in his retirement. Mr. Ra~sey s~ate~ ha and Mr. Mc/~ale attended the National Association of Countie~ (NACo) Conference in Georgia to r~celv~ County received the hlghemt number of Awards in the region thim yea~, Ho then introduced Ms. Marilyn Cole. ~s. Cole s~a=ed the Awardm speak highly of the employees of Chesterfield County and t~h~ ~ervice~ provided to County c~tizanm. Mr. HcHale presented the NACO the following departments: Department Offlc~ at DMV Extension Service Fire Department ~ealth Department Library Mental Mealth/Mental Retardation/Substance ~lanning D~partm~nt ~olice Department Public Affmirs county Operation~ commissioner'~ satellite Tax ~nvironmental =xplorer~ urban 4-H P~og~amu - U.S.1 Corridor Water Quality ?rstestion child Sa~e~y Restraint Seat ~ire ~revention Project Edith seiDel Children's Lirn~ng Perfol~mano~ Evaluation and Quality Improvement Journeys Across Cultures Life Time Leisure Wheelchair and Mobility Equipment Abuse Loan Program The sibling support workshops sign ordinance cable Television citizens' Crime Alert Program Teen Suicide New~ Nedia Seminar County Call-In Home Safety 95-503 8/23/95 ~tilities ~epartment office on Youth Administrator's office Companion Water Meter swift Creek Reservolr Monitoring Program Judge's Campaign Against Weapons Me=rs Richmond Kegional Initiatives M~. Mc~ale congratulated each of she Departments, on behalf of the Board~ and exl~re~ed appreciation for t//eir efforts. Mr. Ramsay expressed appreciation for recognizing the Dspartment~ and ~o staff for their efforts. Ne stated the Awards are a total team effort from the Board of Supervisors to the frsntline e~plsyss~. Mr. Ramsay stated ~r. Gregory winfield, President of the Creat~r Richmond Partnership, i~ pr~n~nt to brief the Board on the Partnershi~'s 1994-1995Annual Report. He then recognized Mr. Daniel, th~ Ce~ty'~ r~pre~ntativ~ on the Greater Richmond Partnership Board of Directors. ~. Daniel ~tatad it ha~ been a privilege to ser~e on the ~etropelitan ~ccnomio Development Council~ the forerunner to the ~reater Richmond Metropolitan Eosno~is Partnership ts the Greater Ri¢~ond Partnership Board of Directors. He further stated the Partnership had a vision for economic development in th~ region, but kn~w th~ v~sion would not b~ccme a reality unless the Partnership had strong leadership. He stated he was a m~ber of the s~ar=h =o~itte~ with the Metro Cha~er to conducted nationally and the emtire comities ~elec~ed ~. Wingfleld and empowered him with ~ opportunity to recommend Wingfield. Nr. Wingfield expressed appreciation to the Board for their inves~ent and ~upport in th% Partnership and stated the Partnership had a very successful first year. He fur~er mtated t~ Partnership ~ad t~ opportunity t0 wore in b~inqing twenty-elgh~ companies in %he area who have invested approximately S42 million in the economy. He stated the Partnershlp'm overall direction Cor 1995 is to cuntlnue to car~ out their mission to bring business into the area. to professional business environment %hat will allow the County %o Partnership is anticipating working with Motorola and briefly reviewed c~ren~ ~conomic activity in the area. He presented an~ stated the Partnership dev~loDe~ the slogan %o provide an identity for %he entire region. Mr. ~msey then introduced Ms. Barbara Be~ett and ~tated Ms. Bennett will be ending he~ so,vice with the Co~nty on A~gu~t 24, 1995, Ms. Ba~ett stated it has ~een a p~ivit~ge to work for Chesterfield County. She then introduce~ ~u. shar~l Adams, th~ new Youth So.ices full-tim~ sta~ Der~on ~upporting ~ wo~k of ~he Drug an~ Alcohol Abuse Task Foru~ and the chustarfleld of the Co--unity Mobilization Against substance Ab~$e and Abuse Task Force by coordinating ~e mobiliz~tiun process and she looks forward to bringing positive repe~ts on the progress of this initiative. ~r. ~8a1~ welcomed ~s. Adams to the County and stated t-he County will ~ies M~. Bennett and wished h~r well in her future F~r. Ramsay then introduced MS. Mary Ann Curtin, Assistant Legislative Coordinator in the Department o~ Budget and ~anagement, who had tl%e opportunity to represent the County by visiting POland to a~i~t Poli~h local government trainers in the area of Total Qu~tity Management. Ms. Curtln stated vielting Poland was a wonderful experience and that the Polish people were very receptive to the idea~ of Total Quality ~anagement (T034) and were interested in how Chesterfield County had implemented the TQM philosophy. She further stated the County will ~eCiprocatetheir hospitality by 16-23~ 1995. PLT. Ramsay stated at the July ~6, 1995 Board of ~upervtsor's meeting, the Board changed the Ceunty*s policy for mervin~ Building Inspector issue a Ns~ieo of Violation immediately upon discover~ of a violation when the vlolatlon occur~ after a certificate of occupancy has ba~n issued and before the statute e~ limitations had expired. Re further ~tatsd that, pursuant ~o that policy, the County has issued twenty-seven Notices of Violation since July ~, 19~ and, at this time, Kctioos o~ violation have bee~ issued for all known violations which were discovered within the statute of limitations. ~e state~ that =he poli~y tahat would be followed by staff after the Notice of Attorney's office, is that vloleto~ will be given a resmonable period of time, not to exceed thirty days, to correct the violation or to csmmlt to oorreoting the violation~ if tho =hem within the oorr~¢tions period specified by the Building Official, the Notice of Violation will be referred =o tho correction period will only b~ allowed by =he Building oz£icial there i~ a compelling reason why the thirty-day de~dlino oannot of Violation. Ma furthe~ stated the Technical Review Board's violation i~ not a factor to be conside=ed in determining thi~ interpretation the Building official has no obligation to issue ~otices cf ~iolation ~mmediataly for violations discovered after the ~tatute of limitation~ has ~xpired, but must do $o at some unspecified point and time when other a~tempts to gain Code compliance have faile~. ~e further stated the day before the Technio~l Review Boa~d adopted the i~terpretation, the State ~oard of Housing and Community Development vots~ to consider an amendment to the Building Code inter~retation. Ne stated the proposed anendment provides that ~otermines t_hat the statute of limitations has expired. Re iseue~ to be handled by the Board of Supsrvisor's including sumpending the appeal befor~ the virginia Court of Appeals and Board add~e~ the~e issues at their September 1F, 1995 ~oard of Supervisors meeting. 95-505 8/23/95 ~r. McHale atate~ the ia~es addressed by Mr. Ramsay will be brought hack tn the Boars at the Sspte~sr 13, 199~ Boar~ of Supervisors meeting. 3. BOARD OOMHITTEE REPORTS Dr. Nicholas stated he has been working with the Wintsrpock community regarding the closing of the Winterpock Transfer Station. He requested the Board to delay the August 31~ 1995 ¢lsming of the win%erpook Transfer station and stated an agenda item will be brought before the Board concerning thi~ issue at the September 13, 1995 Board of Supervisors meeting. When asked, ~r. Ramsay stated elusure of the Winterpock Transfer station will b~ delaysd until afts~ the September 13~ 1995 Board of Supervisor= meeting. Mr. Daniel stated he concurs wit~ t~e oomments expressed by Dr. Nicholas to delay t/as closing of the Winterpock Transfer Btation. for addressing ~ssues surrounding the Old Buckingham ~tation £i~e with Old ~uuklngham Station residents and for speaking at a meeting and conducting a demonstration on residential sprinklers £or all residents who reside in tuwmhouse~, apartments~ and condominiums- ~e stated his next "First ~ondsy" meeting will be held Septo~er 11, 1995 with th~ of discussion being court space for juvenile judg,s and that of tko Eon Air Learning Center and expressed appreciation to the Board for adopting the resolution concerning the e~ansion of the Center. M~ fur~r orated Bom Air r~identg fe~l that local government has b~an llst~nlng to ~eir concerns and that the expansion and are willing to work with arriving at a Che~nerfield Littl~ League during the evening session of the meeting and ~at he is proud of their accomplishments. Mr. ~cHale expressed appreciation to staff for their efforts in ~onducting the reception o~ bekelf of th~ late Mrs. Dorothy 4. REQUESTS TO POSTPONE ~CTTON, EM~GENCY ~DD%T%O~. OR CKnN~ES IN TK~ ORDER OF PRESENTATION ita~ to consider~ from the July 26, 1995 Board of Supervisors meeting, staff's recommendation number ~.2., "Prior to the expiration of the statute of limitations, in accordance with normal practioe~ a Notice of Violation will be served ss pruvided by Item E.I., (If administrative enforcement effort~ b~ tko Building 0ffi¢ial fail %o achieve Cods compliance or the builder refugee to make a written commitment to the Building Official to repair the violation, the suildin~ Official will serve a Notice of Violation no late~ than thirty da~s after d~termination of a violation by the Building official). The appeui to the Virginia Court of Appeals to determine whether notices of violation nu~t ~a ge~t after the ~tatute of limi:ations has run, will continue pending a decision ~y the State Technical Review Board on the question rals~d by the Virginia Euilding and Coda Officials Association (VBCOA)" regarding the County's Enforcement Policy directing the Building o~fiuial to i~ue Notices of violation i~mediately upon finding a U~iform Statewide Building Code Deficiency. 8/23/95 Nr. Daniel atated he fael~ Mr. Barber's item shonld he discussed at the next Boa~d meeting with items addressed by ~. MeMale reqne~ted th~ Board to adopt staff's changes to the agenda at this time and to consider Nr. Barber's request ~eparatoly. On motion cf Mr. Warren, ~eeonded by Mr. Barber, the Board added Item 14.¢., Resolution Recognizing the ¢heste~£ield Little league Majors Division State Champion Team for Their S~rv~ at th~ Mail Way MOUSe Restaurant; added It~ 10.D.~ Executive Smmmicn Purmuant to g~ction ~.l-3~A.~., ~ode of Virginia 1950, as Amend~d~ for the Dimoussion of the Location of m ~rompectivm Business in the County ~ere No Previous Pe~immlon from Mm. E~ly G{b~on to Plant Ornamental Shrubbe~ of ~upa~vi~o~s meeting ~inc~ th~ Board will be dlsoussin~ the entire ~ubject of chang~ to th~ current system at that time. me,flag, however, a~ ~h¢ July ~6, 1995 Boar~ meeting, the Beard entire focus of the law par~aining to Notices of Violation normal ~ra¢~io~, a Notice of Violation will be served as provided by Ttem ~.1., (TE administrative enforcement efforts official ~o repair the violation, the Building Official serve a Notice cE Violation nc later ~an thirty dayg after Notice~ of Violation must be s~nt after the statute limitations ham run, will continue p~ndin~ a d~ei~ion by the S~a%e Technical Review Board on ~e ~ues%ion~ raised by Virginia Bu&l~ing a~d Code Officials Association (VBC0A)" at prepared to reflect this issue and he does not ~eal thio issue at this ti~e, at the next Board meeting. Mr. Mc~ale stated due to the lack of a second, the motion failed. There were no Work Sessions at thee time. 7. DE~ERRED TTEM~ Mr, stith stated appropriation of Be~-muda District Throe Cent Road Funds for construction of a barri=ad~ on ~aompson Avenue Fir. MoHale ~=ate~ etsff has uentaeted individual= involved and feels all concerns have been nd~essed. Mr. ~cHale then made a motien~ ~eonded by Mr. Warren, for the Board to aDprepria~e $100 from the Bermuda Di~=rlct Three Cent Road Bund for the constr~Otion and installation of a barricade on Thompson A~enue. E. NSW BUSINESS On ~otion of Mr. Daniel, ~econd~d by Mr. Barber, the ~uar~ suspended its r=les at this time to allow ~inultaneou~ Virginia Wa~t~ Management Authority Board of Directors. 0n motion of Mr. Barber, seoonde~ by Dr. Nicholas, =he Board simultaneously nominated~appointed ~. David ~ans, as 5n alterna~e me. er, representingthe cowry at-l=rge, to serve on the Central Virginia Wast~ Management A~thority, w~ose te~ is ef~ectlv~ i~ediately and will exglre Deck. er 3~, 199~. Vote: Unanimous on motion of Mr. Daniel~ seoonded by Mr. Barber, tho soard suspended ~t~ rules at thi~ ti~o to allow nomination/appointment s~ a member to serve on the Industrial Development Authority. Vote: Unanimous On motion of Mr. Daniel, ~econd~d by ~r. Barber, the Board simultaneously nominated/appointed Mr. John Ruok~rt to serve em the Industrial Development Authority, w~ose term is effective immediately and will expire June 30~ 1998. vote: Qnanimuu~ O~ motion of ~r. Daniel, seconded by ~r. Barber, the Board suspended ire rules at this time to allow simultaneous 95-508 nomination/appointment of members to serve on the Community criminal Uustlce Board. Vote: Unanimous simultaneously nominated/appointed the following individuals to serve on the Community Criminal Justice Board, whose terms are Judge T.U. Hauler Judge Philip V. Daffrcn Judge F.G. Ro=kwell M~. Willia~ W. Davenport Mr. Thomas Vaughn sheriff clarence Williams Mr. Paige W. Fo$ter Mr. Steve Sheffield Mike Allen, Esquire Mr. Robert L. Masdcn ~a. Amy L. Repard Dr. F~eddie Nicholas ~s. Eileen ~c~ugh-~rown Dr. John Nergan MS. Elvira S~aw Ms. Jane Pruitte Major Garland Stafford R. Parker ~ohnmon Chief Judge 12th Judicial Circuit or designee Chief Judge l~thJudiuial General District Court or Designee Chief Judge 12th Judicial Juvenile a~d Dume~tic Court or Chesterfield Attorney Colonial Heights Commonwealth Attorney Chesterfield County chief Magistrate, Chesterfield and Colonial Heights Colonial Heights Chief of Police Criminal Defense Attormey Chesterfield Deputy County Administrator city Manager's Designee Local ~ducation District 19 Community Services Board Representative Chesterfield community services Board Colonial Beights Citizen At-Large Colonial Keights Citizen At- Large Chesterfield County Citiie~ Large Chesterfield County CitiJen A~- Large (I% io noted at-large citizens served on the former Community Correction~ R~ourcee Board which is hereby replaced by the Co~/~unity criminal Justice Board and the new Acts adopted by the General Assembly. It is also noted that at the June 14, 1995 Beard of Supervisors meeting, the Board adopted a joint resolution with Colonial Heights providing for the Implementation of the Comprehenmive Community Corrections Act (CCCA) and the Pretrial Servi=em Ac~ (PEA) thereby establishing a Chemterfield County end City of Colonial Beightm Co~ity Criminal Justice Board. Thio resolution appointed specific individuals holding prescribed positionm am listed above.) ~.B. MTREETLIGHT IEMTALLATION COST APPROVALS On motion of Fir. Daniel, seconded by Mr. MoHale, the Beard approved the following streetlight inmtaalation comt approvals: BERMUDA DISTRICT * Intersection of ~e££er~en Davi~ Highway and Mangowood Read Ne coot 2o install light 9~-509 S/23/95 Marquette Road, vicinity of 3540 Cost to install light: $5,331.99 Due to h~alth, sa~ty, and w~lfar9 concerns * Greenwood Drive, vloinity of 3807/3809 No cost to in~a11 light * Greenwood Drlve~ vicinity of ~82§ No cost to install light Cost ~o install light: $3,396.37 Vots: Unanimous {It is noted $2,576 is being allocate= from the Matoaca District Streetlight ~und to the Dale District Streetligh= Fund funds¢ in the amount of $2,~76, will be repaid to the ~k%toaca Distric~ Strss=llght Account out c~ the 1996/97 Dals St~eetlight appropriation.) CONSENT ITEMS ADOPTION OF RESOLUTION NAMIN~ THE ETTRI~K COMMUNITY COMITY RUIL~IN~ on mo=ion of ~r. Barber~ ~econ~ed by Dr. ~ioholas, th~ Board adopted the following resolution: ~4~ER~AS, a new community building in Rttrick is pre~ent~ng un,er son.true=ion and will De completed in the Fall of 1995; and W~EREAS, the co--unity of ~ttrickwill be able to utili~ %he building for youth, adult, and sen~or adult act~v~tle~; and ~ER~S~ the many vol~ntee~ o~ga~i~aticn~ of the comm~ity will have a place to conduce their actlvitle~; and ~EREA~, Colonel J~ $. ~y~$ ha~ been a for~er first African-American to serve on the Chesterft~l~ County ~ER~AS, Colonel ~ayas worked ~illgently to improve ~e Matoaca District and th~ Village of ~ttrick, including ~e Store University; and WHEREA~, Colonel Mayes was integrally involved in ~e 555~h Airborne Divi~on Bridge project in Et=rick and was a me,er of the Board of Visitors for Virginia ~tate University; W}{~P~EAS, t~hs late Mr. Wheley M. Colbert wee a representative of the Matoaca Magisterial District and former Chairman of the Chesterfield County Board of supe~vise~; and ~{~EAS, Mr, Colber~ Worked fo~ reqio~al ~ooperaticn for the area including the development of ~olnt programs between ~AM, ~. Colbert worked tirelessly for the co~unity i~ ~e Matoaca District including the addition to Matoaca Park Volunteer Rescue ~quad; and ~EAS, ~. Colbert was involved in the conception and planning of the community building. NOW~ THEREFORE~ BE IT RESOLVED, %hat ~e ~asterfield Coun%yDoard of Supervisors hereby names the ~ttrick Co~unlty B~ilding the Colonel Jesse J. May~-~aley M. Colbert Cu~nity Building. On motion of Mr. Esther, seconded by Dz. Nicholas, the Board reeonfi~ed t~e following resc!utions from the ~uly 26, 1995 Board of Supervisors mee=ing due to~. Warr~n's 8.C.a.a. R~CO~NIZING ~1%~. LILLY ~. BOGGS, BUILDING INSPECTION DEPART~/ENT. UPO. N._~ER RETIREMENT WREREAS, ~rs- Lilly M. Bogg~ will retire on Au~t 1, 1~95, after providing ov~r t~enty-si~ years of dedicated and faithful service to Ch=sterfield County; and ~ER~S, ~u. Boggs began her ~ervice on Febru~ 10, 1~69, as a cler~ ~yDist in a ~o~r p~r~on Building Inspection ~ER~S, ~s. Boggs has held various positions within the Supervisor, and Administrative Officer for a D~par~t of Sixty s~a~f members; and W~ER~S, ~a. Boggy' willin~ess to meet the needs of clients, both internal and ~xt~rnal, has bee~ r~cog~ized integral and s~abilizing force within Building Inspection, ~ny organizational ~n~ t~chnologiual ohanges have taken W~ER~S, the Department of Buildinq Inspection ha~ rel~d on Kr~. Doggs' knowledge and consistent ability to m~ut the needs of the public and fellow employee~; and fellow employees and demonstrated her dedication to the County by being a tea~ playe~ in a~sisting othe=s ~hen possible7 =nd coordinator and personally supported i~dividual Building crisis ~ituations; and ~E~S, Mrs. Boggs has been recognized, through a meritorious semite increment reco~endation in 1975~ by the 95-511 8/23195 Building qffi~ial (Mr. Dave Cloer) and A~sistant County Administrator (SLr= Jeffrey Mussy), at that ti~e~ and as Employee-of-the-Y~ar for the Building Inspection Department in NOW, TEEREFORE B~ TT R~OLV~D, that the Chesterfield Boggs and extends their appreciation for over twenty-six years of dedicated service to the County, their con~rmtulatlons upon her retlrement~ and their best wishes for a tomg a~d happy life. A/~D~ BE IT FURTHER RESOLVED, that a copy of this resolution be presented to ~rs. ~oggs and that this resolutlon be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 8.C.a.b, RECOGNIZING ~ERGEANT ~©~N W, LA,NE. POLIC~ DBPART~ENT~ UPON HIS RE~I~E~E~ W~EREAS, Sergeant John W. La,me will retire from the Che~terfluld County Police Department un ~uly 31, 1995; and quality service to the oitizen~ of chesterfield county; and WHEREAS, Sergeant Layne has faithfully served the county in the capacity of Patrol officer and sergeant; and WHEREAS, sergean= Layne ~as ~ignifican=!y impaotet the safety of the cummunity by overseeing t~e training and operations of ~e Police canine unit; and WHeReAS, Sergeant ~ayne has providm~ the Chesterfield County Police D~partm~nt with many year~ of loyal and dedicated service; and ~EREAS, Chesterfield County and the Board of will mi== Serqemnt Layne's diligent =ervice. ~0W, T~R~0R~ D~ IT 9~SOLV~D, that the Cheaterfield County Board of Supervisors publicly recognizes Sergeant John W, Layne and eztends, on behalf of its memb~r~ and th~ of ¢~es=erfiel~ Court=y, =heir a~preoiation for his ~ervice to th~ County. resolutiun be presented to Sergeant Layne and that ~his resolution be permanently recorded a~ong the papers of this Buar~ of Supervlsora of ChesterZleld County. ~.~..2...~.... RECOGNIZING MR. WILLIA~ F. SHOWALTER, POLICE WHEREAS, Mr. william F. Showalter retired from the Che=terflel~ County Police DeDartnent on July 1, 1995; W~ER~AE, Mr. Showal=er has provided over twenty-two years of quality ~ervice to the citizens of Chesterfield County; and W~RREAS, M~. Showalter hao ~=r~=d th= County with courage as4 expertise in the capacity of ~atrol o£ficer and DEtective; and WBRR~AS, NLt. Showalter has significantly impacted the safety of the community by arresting numerous criminals in his ~ale as Detective; and WHEREAS, Mr. Showaltur hue provided the ~olice D~partment with many years of loyal and dedicated service: W~E~KA$, cheoterfield county and the ~oax~ o~ supervisors will miss Mr. Showalter's diligent ~ervice. NOW, THEREFORE BE IT RESOLVED, that thc cheoterfield County Board of Supervlsors publicly recognizes Mr. William F. Showaltar and ex%endo~ on behalf of its members and the citizen~ of Chesterfield County, their appreciation fox his oervice to the County. AND, BE IT FURTHER RESOLVED, that a cody of this resolution be presents4 to Mt. Shuwalter and that this resolution be permanently recorded amenq th~ papors of this Board of Supervisors oS Chesterfield County. 8.C.2.d. RECOGniZInG I4R. BENJAMIN K. AP/~STRON~ FOR BEING RECIPIENT OF T~ 1995 RIC}~4OND TI~ES-DTSPATC~ METROPOLITAB RICHMOND SPORTS ~ACK=R$ MALE SCHOLAR- ATML~T~ AWARD WN~RFA~, B~njamin K. (Ben) Armstrong, a 199E graduate Of Thomas ~ale H±~h School, has received the Richmond Time~- Dispatch Metropolitan Richmond ~ports Baek~r~ Scholar-Athlete Award; and W~EREAS, B~njamin has e~osllsd in athletics and received numerous school, district, region, metro and state awards and honors in Booter, basketball, foatball~ and tennis~ including The Thomas Dale Athlete of tho Year Award; the Boys Basketball Coaches Award; the Beys soccer Moot out,tending Award, and W~ndy'n ~Xgh $c4hool ~eisman Regional Award to name a few; and W~ER~A~, B~njamin is a th~y~ar le~terman in fcc=ball and soccer and two-year letterman in basketball; and WHEREAS, Benjamin al~e participated in extracurricular activities, having carved as president of the Key Club, a member of the symphoni~ Jazz and Concert Bands, u member of the ~rench Club, and was active in the Parent, Teacher, Student As~ociation~ and other clubo and s~ganizationu; and WHEREAS~ Benjamin did all this while maintaining a grade point average that resulted in membership in =he National Honor society; and WHEP~EAS, Benjamin sets an example as a superior ~cholar and ~thle~a that other young pecpl~ ~hould arrive to follow and is the type of student of which Chesterfield County and its re~ident~ ara ~omt proud. NOW, THEREFORE BE IT RESOLVED, tha~ the ches~eMfield County Board of Supervi~or~ publicly recognizes an~ ocngratulates ~r. Benjamin K. Armstrong upon receip~ of the R~chnond Time~-Di~patch M~tropolitaR Richmond Sports Backers Schelar-Athlete Award and extends their best wishe~ for his centtnus~ O~CCSSS at Ra~4elph ~acon College and in the years ~ead. ~-.C.2.~. RECOGNIZING MS. TH~ESA ~. PITTS FOR SERVING AS CLERK TO THE BOARD OF__~UPER~ISORS ~i~EREAS, the o£fic~ of the Cl~rk t~ th~ Board ~f Supervisoro provides quality suppor~ and timely assistance to thc Board of Supervisorm through secxeturial and r~cords County citizens; and WHEREAS, ~. Theresa H. Pitts hmo diligently and faithfully ~erva~ th~ County for approximately tan year~, while ~5-513 8/23/95 serving as Clerk to the Board of $opervi~or~ ~ince January, 1992; and h~AEEF-%$, ~a. Pitts has served the Board of Supervisors in the capacity of Assistant Deputy clerk, Deputy Clerk, and Clerk; and WHEREAS, ~e. Pitts has effectively worked with elected representatives~ officials from stt~roundlng localities, worker~, an~ must importantly, the citizens of WHEREAS, Ms. Pitts will end her servica as Clerk to the Board of Suporv~or~ to aceep~ the position of Administrator in the Department of General services on July 91, 1995; and WHEREAS, MS. Pi~s ha~ ~een ~ dedicate~, har~ working e~ployee who has perfumed her duties to the highest degree of prufessionalism; and WI~EREA$, the Boar~ of Supervisors will miss ~s. Pitts NOW, THEREFORE BE IT RESOLED, that the Chesterfield county~oard of Supervi~or~ publicly r~ognlz~ ~. Theresa ~itts for her dedicated service to the Board of Supervisors and extends their best ~ishes in h~r new position a~ Administrator in the D~partmen= of General Services. ~D, B~ iT F~TE~ R~OLV~D, that a copy of thi~ resolution b~ pre~ented to Ms. Pitts and ~at this Supervisors of Chesterfield County, Virginia. CONSOLIDATION OF EXPENDITURES FOR DEPARTMEN~ 0F SOCIAL on motion of Mr. ~arher, secende~ by Dr. ~icholas, ~he ~sard a~preved an ap~eement with Colonial Heights fo~ the consolidation of expenditures for the Department of social Board.) VACUUM On me,ion of F~. ~arher, seconded by Dr. Nicholas, the Board reduced the fee for the fall 1995 and spring 1996 Leaf Vacuu~ program to $40.00 per request. (It is noted this is a twenty percent reduction from =~e curren= $50.~0 fee.) Vote: Unanimous 8.C.$. ~PPRO~RT~TTON O~ ~_~ND~ 8.C.B.a. B~RMnn~ DISTRICT THREE CENT RO~D CONSTRUCTION R~B~IRS TO OUAY STREE~ on motion cf ~Ir. Bar,er, soconded by Dr. Nicholas~ the Board appropriated $&,000 from the B~rmuda District Three Cent Road 95-514 8/23/95 Fund for construction repalrn to Quay Street. vote: ~nanimou~ REIIi~UR~EMENTB FOR WIDENING OF ~E 10 FROK ROUTR ! TO 1-295 On motion of Mr. Barber, seconded by Dr. Nicholas, the Board appropriated $~,~ in anticiDate~ Virginia Department of rei~lber~e~ent~ fo~ the design of the widening Of Route 10 from ~oute 1 to 1-295 and authorized the County Administrator to enter into th~ n~¢e~ary Virginia Department cf Transportation/County design agreements acceptable to the County Attorney. vote: Unanimous SCHOOL RR~DERBOARD ~I~N On ~otion of Mr. ~arber, ~c~nded by Dr. Nicholas, th~ Board approved th~ allocation of Ss,Q00 from the Dale Di~trlct Three Cent Road Fund to the County School Board for con~truction and ~provement cos~s for a rsad~rboard sign at ~aa~owbrock High School. SET DATES FOR PUBLI~ HEARINGS TO t0NSIDERApPLIOATION FeRrieD A~CEPT~=NCE OF FEDeRaL On motion of ~r. Barber, seconded by Dr. N~chola~, the Board hearing to consider au~horizaticn for th~ COUnty Administrator to apply for and accept both Federal Aviation Ad~inistra~ion Lighting ~pgrade Project and the Taxiway "C" and T-hange~ Pavement Rahabilltat~nn Project and enter into ~ontr~¢t~ with fund~; au=horization for the County Administ~ato~ to solicit bids for Airport improvement~ projects and enter into contracts wi~h the applicable lowest responsive and re~ponmible bidders; and appropriation sf all F~deral ($$0~,07S) and State ($$03,548} funds allocated lot th~ projects. Vote: Unan~noum After brief discussion, on motion o~ Mr. ~arher~ ~acondad by Dr. N~hola~, the Board tentatively set the date of September 13, 1995 at 7:00 p.m. fur a public hearing ~c con~ider amendments to the Chesterfield County..Thorouqhfare Plan and noted that the 5~ptember 13, 1995 date i~ dep~nd~t resommend~tion from the Planning commission at its August 15, 199~ m~eting. ~ince nc recommendation wa~ Planning commission, the public hearing will be scheduled for the first available data after a rec0~m~n~ation is made.) 95-515 a/2~/95 Vot~ ~na~i~u~ WATER AND ~E~ER REVENUE REFUNDING,BON~_S~E~ 199S RE~OL~T~ON ~UTHORI~IN~ THE I~U~I4~E O~ WATER AND aet the date of September 13, 1995 at 7:~0 p.m. for a public Revenue Refunding Bonds, Series 19PS and related costa; Serie~ 199~; adopt=d 5h~ Sixth Supplemental Bo~d r~olutlon the issuance uf ~hese refunding bunds by the State Council on Local Debt i~ not required ~ thi~ refunding i~ a c~r~e~t refunding, it is also noted that the resolution authorizing and providing for the preparation and distribution of a Pmeliminary offiuial state in connsction with issuance of Water Supplemental Bond Resolution; aid the Preliminary Official Statement are filed with the papers of this Board. 8.C.7.e. TO OON~IDE~ CHES~EItFIELD COIIRTY~S ~PPLICATION FOR A ~ALTH~LL ~RE~ ENTER~RIBE On motion of ~r. Barber, ~eco~ded by Dr. Nicholas, the Board hearing to consider Chesterfield County's application for the Wal~all ~ea En%erprise Zone. Vota: Unanimuu~ approved a raffle permit for L.C. Bird Music Boosters for a fireworks display at t~e Woodlake Pavilion/Amphit. hea=er cn the Woedlake side of the Swift Creek Reservoir os September ~, 19~5 (no rain date). s/~3/95 ~_.~.19.. STATE ROAD ACCEPT2~NC~ This day the County Environmental E~gineer, in accordance with directions f~om this Board, made ~eport in writing upon his examination of the roads in Camer'on Run, Section 5 with a portion of Cameron Run, Section 4 and Shady Springs, ~e¢=ion Bermuda District, and ~Fnereas, the Resident Engineer for ,the Vlrgln~a Department of Transportation has advised the pirector of Znvironmental Engineering, the streets in CRmeron Run, Section 5 with a portion of Cameron Run, Sec=ion 4 un, Shady springs, Sestion Bermuda District, ~eet the retirements established by Subdivision Street Requirements O~ ~h~ Virginia Department T~a~sportati~n, und Wherea~, the County and the ~Virginia Department of BOok ~453, Page 405, Janua~ ~1, 1994, for all sto~water ~eten=ion/reten=ion facilities in ~e Coun=y. Therefore, upon consideration whereof, and on ~otion of Barber, seconded by Dr. Nicholas, i~ is resolved that the roads in Cameron Run, Section ~ with a~ portion of Cameron Run, Section 4 and Shady Springs, zuotion ~, Bermuda District, and ~hey h~reby ar~ established as public roads. ~d be it further resolved, that ~e Virqin~a D~paEtment of Transportation, be an~ is h~eby ~=~s~ %o toke ~nto Virginia, and the D~pmrtment'm ~i%ision street the followln~: ~ame of Street: Rufford Road i From: Castleb~ry Drive, Route 1~2,1 0.17 ~le ~a~t of Eagle PointI Road, Route 3~0 , To: Burry Road~ Route 1575~ 0.05 ~il~ eas~ of stepney Roa~, Route 1579 i Guaranteed Right-of-way width: 50 Si~c~. Name of Street: New Found Lane i north of Castlebury Drive, Route 1552 ' northeast of New Found Lane Guaranteed Right-of-way Width: 50 feet. Length: 0.35 ~il= Length: 0.05 ~ile Length; 0.14 mile ~ame Of Streot~ Ruffor4 Pla¢~ From: Rufford Road., 0.15 mile ~outhwost of ~urry ~ea~, Route 1575 mile east of Rufford Road ~uaranteed Right-of-Way Width: 50 95-517 Length: 0.05 mile From: Rufford Road, O.OB mile southwest of Surry Road, Route Length: 6.04 mile This request is inclusive of the adjacent ~lepe, ~ight distance, clear zone and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 62 lots. These sections of C~meron Run and Shady Springs are recorded as Cameron Run, Section 4, Plat Book 43, Page 70, August 3, 1983. Shady springs, Sectlun 1, Plat ~ook 14, Pages ~, 95, & 96, This day the County Environmental Engineer, in accordance with directions from this Board~ made report in writing upon his examination of th~ road in Mount Blanco, Sec%ion 12, Bermuda District, and Whereas, the R~sident Engineer for the Virginia Department of Trans~ortatlon has advised the Dirsctsr of Environmental Str~t Requirements of the Virginia Department of Trsns~srtation~ and Whereas, the County and the Virginia Dspartment of Transportation have entered into an agreement, recorded ~n Deed BOOM 24S3~ Page 405, January 21, 1994, for all storrawater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of ~r. Barber, seconded by Dr. Nic~holas, it is resolved that the rand in Mount Blanco, Rectlon 1~, Bermuda District, be and it hereby is es=ablishsd as a public road. And be i~ further resolved, Shat the Virginia Department of Transportation, be and i~ hereby r~quested to take into the secondary Syste~, pursuant to section 33.1-229, Code of Virginia, and th~ Oepartment's Subdivision Street Requirements, the following: ~ame uS Street: Mount Blan¢c Court Lenp~h: 0.20 ~ile From: Mount Blanco Road, Route 886, 0.1§ mile east of Fnon C~ur~h Road, Route 746 To: permanent cul-de-sac, 0.~0 mile southeast of Mount Bla~00 Road, Rout~ 8~6 Guaranteed Right-of-Way Width: ~0 feet. This request is inclusive of the adjacent slope, sight distance, clear zone and des~nat~d Virginia D~partment of Transpsrtatie~d~ainage easements indicated on the develo~nt 95-518 ~/~3/9~ Thlm road mervem 1~ totm. Thio ~ection of Mount Blanco is recorded as follows: Vote* Unanimous This day the County Environmental Engineer, in accordance with directions from this Beard, made report in writing upon his exa~i~atio~ of the road in Mount ~lanco, ~e~tion 1~, D~strict, and Whereas, the Resident Engineer for ~ho Virginia Department of Transportation has advised the Dir~c%or of Environmental District, meets the requirements emtahli~hed by the Subdivision street Requirements of the virginia Department of Tran~portation~ and Transportation have entered into an agreement, ~eCorded in Deed Book 24~, ~aqe 40~, January 21, 1994, for all detention/retention facilities in thc County. Marb~r, seconded by Dr. Nisholas, it is resolved that khe read in ~ount Blence~ Section 13~ Bermuda District, be end it hereby And be it further resolved, that ~e virginia Dmpart~en~ of Secondary System, pursumnt to section M3.1-M~9, Code of =he followinq: g=o~: end of eximting Vcgt mile north of existing Vogt ~im request im inclumiv~ of ~he a~ja0ent slope, sight distance, clear zone and designated Virginia Department of Tranmportation drainag~ ~a~ment$ indicated on the developmenk plat. ~is section of Mount Bl~nco im ~co~d~d am follows: This day th~ County Environmentml ~ngineer, in accordance with Alley, BerMuda Dietrict, meet the requirements of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement~ recorded in Deed ~oek ~5~, ~age 409, San~ary 21, 1994, for all ~tormwat~r detention/retention facilitie~ in the County. Therefore, upon consideration whereof, and on motion of Hr. ~arber, seconded by Dr. ~icholas, it is resolved that th~ road~ And De it further resolved, that the Virginia Department of Tran~portatlon, be and i~ hereby re~u~ted to take into the Secondary System, pursuant to Section 33.1-229, Code of virginia, and the Department's subdivision street Requirements, th~ following: Name of Street: River' s Bank soulevard Length: 0.0~ mil~ From: Rivers Bend Boulevard, 0.43 mile east o~ Meado~ille, Road, Route 618 and Hog,ns Drive intersection Guaranteed Right-of-way wide: 120 feet. N~e of Street: Hogans Alley Length: 0.17 mile From: 0.0~ mile east of River's ~ank ~oulmvar~ To: existing ~ogans Alley, 0.17 mile west of R~ver' s Ba~ Boulevard Guaranteed Right-of-Way Width: 60 feet. This request i~ inclusive of the adjacent ~lcpe, ~ight distance, clear zone and designated Vlr~inla Depar~enL of Transportation drainage ea~ement~ indicated on the development plat. These r~ad~ serve a~ acce~ to ad~ac~nt ~o~r~ial River'~ Bank Boulevard and ~ogan~ All~y are follow~: Deed Book 2724, Page 600, July ~7, Vote: Unani~ou~ Thi~ day the County Environmental Enqlneer~ in accordance with direction~ from thi~ Board, mad~ report in writing upon his e~amination of the roads in a portion of River~ Bend, ~eot{ea 6, Bermuda District, and W~nereas~ the Ragldent ~ngine~r for the Virginia Dep~r%4nent of Transportation has advised the Director of Environmental Engineering, the streets XD ~ per,ion Of River's Dead, Section 6, Bermuda District, meet the requirament~ established Subdivimion Street Requirements of the Virginia Department of Tra~s~ortatlon, and W~erea$, the County and the Virginia Department of Transportation have entered into an agreement~ r~cord~d i~ Boo~ 24~3, Pa~e 405, January 21, 1994, for all ~tor~water detention/retention facilities in the County. ~erefore, upon consideration whereof, and on motion of Barber, secon~e~ ~y Dr. Nicholas, it is resolved that the ~oads in a portion of River's Bend~ Section 8, Bermuda District, be and they hereby are established ss public And be it further re~elved~ that the Virginiu Department of Transportatien, be and is hereby requested to take into the Secondary System, pursuant to Section 3~.1-~9, Cods of Virginia, and the Department's ~ubdivisien ~trae~ Haguirmmsnts, the following: Name of Street: Hoga~'e Drive Length: 0.1~ mile From: smd o~ existing Hegan~s Drive, o.e~ mile northeast ~f Hogan's ~ourt permanent eul-de-sRo~ 0.03 mile northmamt of Hogan' e Alley Guaranteed Right-of-way Width: 60 feet. Name cf Street: Hogan's Alley Length: 0.40 nile From; end of existing Hogan's Alley, 0.17 mile west of River's Bunk Boulevard To: psl-munent sul-ds-suc~ 0.57 mile north of Riv. rm Bank ~oulevard Guaranteed Right-of-Way Width: ~0 feet. This request is i~elusive of the adjacent slope, sight distance, sleet zone and designa~e~ virginia Department of Transport=rich drainug~ easements indicated on the development plat. These roads ~erve 36 lot~. Thi~ sea,ion of Rivers Sen~ is recorded as follows: section ~, Plat sock 70, Page ~, April I8, 1990. Ve~e: Unanimeu~ This day the County ~nvironn~ntal RDgineer, in accordance with directions from %hie Ssard~ made report in writing upon his examination of the road in Genito Woods~ Section 2, Clover ~ill District, and Whereae, the Resident Engineer for the Virginia Department of Transportation has advised the Director of ~nvironmental Engineering, the ntree~ in Ge~ito Woods, section 2~ Clover Hilt District, meets the requirements established by the ~division Street Rsdu~renents of the virginia Department Of Tranmport&tion, and Wherea~, the County and the Virginia Department of Transportation ~ave emtered into an agreement, record%d in Deed Book 24~3, Page 405, January 21, 1994, ~sr alt stsl~water detention/retention fs~ilitie~ in the County. Therefore, upon Consideration whereof, and on motion of Mr. ~arber, s~oonde~ by Dr. Nicholas, it is resolved t~at the road in Genito Woeds~ Section ~, Clover Hill District, be and it hereby is established as a public read. And be it fur=her resolved, tha~ the virginia Department u~ Trunsportution, be and im hereby requested to t~J~s into the Secondary ~yst~m, p~rsuant to $~tion 33.1-229, Cods of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Gregwood Road From: the p~rmansnt cul-de-sac, 0.12 mile south of Terrybluff Drive 95--$2~ Length: 0.~7 mile 8/23/95 To: the temporary col-ds-sac, 0.15 mile north of Terrybluff D~ivc Guaranteed Right-of-Way Width: 50 feet. This request is inclusive cf the adjacent slope, sight distance, clear zone and designated Virginia Department cf Transportation drainage easements indicated on the development plat. This road serve~ 35 lots. Section 2, Plat Book 76, Pages 10 & 11, J~/ly 17, 1991. Vote: Unanimous This day the County Environmental Engineer, in accordance with examination cf the roads in Berkley Place, Section A and e portion of Apamatica, Section 1, Matoaea District, a~d Whoreau, the Rasldent Engineer for the Virginia Department of Tran~portatio~ ha~ a~vised the Director of ~vir0nm~ntal Engineering, the streets in Berkley Place, Section A and a requirements e~tabti~hedbythe Subdivision Street Reculremsnts o£ the Virginia Department of Transportation~ and Wh~re~s, the County and the Virginia Departnent of Transportation have entered into an agreement, recorded in Deed Book 24~3, Page 405, January 21, 1994, for all stor~water detsnticn/retention facilities in the County. Thsrsfers~ upon co~sidsratio~ whereof, aRd on ~otio~ of Mr. ~arbsr, seconded by Dr. Nicholas, it is resolved t hat the roads in Berkley Place, Section A 5nd 5 portion of Apamatica, Section 1, Matoaea District, be and ~hsy hsreby are established as public roads. And be it further resolved, that the Virginia Department of Secondary system, pursuant to section 33.~-229, Code of Virginia~ and the D~pa~tme~t's S~bdivi~ion stree~ Requirements, the following: Nam= of Street: Berkley Davis Drive F~om: existing Serkley Davis Drive, Route 3931, ~.1~ mile south cf A~smatlea Lens, Route 3930 To: permanent cul-de-sac, 0.12 mile southwest of existing Berkley Davi~ Drive, ROUte 3931 Guaranteed eight-of-way width: 5Q feet. Name of ~treet: Bark!ay Davis Terrace From: Berkley Davis Drive, 0.25 mile southwes~ of Apamatica Lane, Route 3930 permanan~ cul-de-sac, 0.13 mile west uf Burkley Davis Driv~ Guaranteed Rig,s-of-Way wid~: 5Q feet. Name of street: ~er~ley Davis Ceur~ From: Berkley Davis Drive, 0.19 mile southwes~ of Apamatica Lane, Route 3930 To: permanent cul-de-sac, 0.04 nile west of Bsrkley Davi~ Drive Length: 0.i2 mils Lang,: 0.13 mile Len~h: 0.04 mile 95-522 8/23/95 Guaranteed Right-of-Way Width: 40 feet. distance, clear zone and designated Virginia Department of Transportation drainage easement~ indicated On the d~¥elopment plat. These roads serve 2~ lots. This section cf Berkley Place i~ recorded az follows: Section A~ Plat Book 69, Page 35, December 28, 1989. Tkis section of Apamatioa i~ recorded as follows: Section 1, Plat BOOK 51, Pages 28 & 29, October 18, 5985. Vote: Unanimous VIH~INT~ DEP~RTKENT OF TR~N~ORTATION;COU~.T~,,OLD authorize~ the County Admlnistra~or to enteT into a ~irginia Department of Transportation/County Old ~undred Road Shoulder appropriated $70,000 in anticipated Virgini~ Department cf approved a change order to Coalfiel~ Road construction contra~t for the should work. Vote: Unanimous OF ~OD CHURCH On motion of Mr. Barber, seconded by Dr. Nicholas, the Board Ch~rCh~ Contract Number 92-0142, a~ follows, which project includes the e~ension of ~ls L.~.~ of 16 inch oversi~e~ water li~e9 and a~tho~iBed the C~unty Administrator to ~xecute any necessary docu~ant~: Developer: Trustees, Trinity Assar6oly of God Church Contractor: Stamie E. Lyttle Co., Incorporated Contract Amount: E~tlmsted Total Total Estimated COUnty Cost cash Refund (Oversizing} Offslte (Refund thru connections) Estimated Developer Cost Code: Cash Refund Refund thru connections District: Clov~r ~ill Vote: Unanimous ~38,991.00 $ 9,948.20 $ ~,o~.~0 $27~959.30 5D-~72W0-~4C ~B-572V0-E4D IMPROVE~{ENT GR~-NT PROJECTS 95-523 8/23/95 On motion of F'-.r. Barber, ~econ~ed by Dr. Nicholas, the Board aothorizsd the County A~h~ini~trator te execute Change Or~r ~umber One with Inte~tabo Con~ructi0m for Federal Airport Improvement Grant Projects. (It i~ noted no additional appropriation of funds is required for this action as the qrant amount approved and appropriate~bytho Board on September 14, 19~4 for thin project is ~ufflcient te cover thi~ Change Order.) Vote: Unanimous JAHNKE ROAD WATER LINE. PHASE II PROJECT On motion of Mr. Ear~er~ seconded by Dr. Nicholas, the Beard $51,000.00, for ~he ~ahnke Road W~ter Lin~, Phase II Project. Vote: Unanimous ~KI~.!~TTON_.QF_A~LT~T~D.N_~ORFARI~NCE ~T 14301 SPRUCE AVE~B On motion of Mr. Barber, seocnd~ by Dr. Nicholas, th~ Board inlti~ted an application to the Board of Zoning Appeals for a variance to the thirty foot front yard setback restriction for at the Johnson Creek Pump Station at 14301 Spruce Avenue. Vot~: Unanlmeu~ E.C.dL. CONVEYANCE eT E~F/4ENTS B.C.~.a. VIRgINIa ELECTRIC AND ~OWER COM~d~f TO PROVIDE SERVICE TO ETTRICK COMMUNITY ~ENTER AT ETTRIOE On motion oS F~. ~arber, ~econ~ed by Dr. N~chelaa, the Doard authorized the Chairnan of tho Bear~ and tho County Administrator to execute an ~asement agreement with virginia Electric and Power Co~pany to install underground power lines to provide service to the Ettrlck Com~unlty Center at ~ttrlck ParR. (It is noted a copy of the plat is filed with the papers of thi~ Board.) E.C.lS.b. CHESAPEAKE kND POTOM~O TELEPHONE ~O~f~ VIRGINIA ~0/CO~T~OUS~ ~e~ PaOSECT~ AT ~0CKW00D P~K 0n motion of ~r. Barber, seconds4 by Dr. ~i~ol~, the Doar4 authorized ~he chadian of ~e Board and ~e Co~=y chesa~e~e and Potumac Telephone Company, Virginia Electric an~ Power Company, and the Virqinia Depar~en% of Transportation 3~O/Courthouse Road projects at Roc~ood Park. (It is noted a COpy of the Dla= ~s filed with ~e papers of ~him Board.) vo~e: Unanimous ~.C.,16. DECLARE PARCEL OF L~ND ON RiYA~ RO~D ZURPLUE On notion of Mr. Berberr seconded by Dr. Nicholas, the Board declared a $.7i acre parcel of land on Rive~ Road surplus property and offered the property for sale ~y sealed bids. is noted a copy of ~e v~clnity ~keteh i~ filed with the papers cf this Board.) Vote: Unanimous On notion of Mr. ~arber, seconded by Dr. Nioholas, the approved an option on a parcel of land contai~in~ 246.4 acre~, Clover Hill Sport~ Complex, in the amount of $80,8~0.00, for Administrator to execute the option agreement. (~t is noted Improvement Program budget and a copy of th~ vicinity uk~ch is ~ile~ with the papers of thi~ Board.) Vote: Unaninou~ F.~RT}L% nOTE8 GRO~R On notion of Hr. Barber, seconded by DF. Nioholas, the Board aa=opted, on b~half of the County, ~ho conveyance of a parool of land oontaining 0.006 acre~ along the south line of Hundred Read (~tate Rout~ 10) from Martha notes Gro~er~ Trustee and authorized the County Administrator to ~ecute the the papers of this Board.) Vote: Unanimou~ On motion of Mr. B~rber, seconded by Dr. Hi~hola~, th~ Board aucepted, on behalf of the County, the ocnveyance of a parcel of land containing 0.641 acres along thm ~m~t right-of-way line of O1~ Sta~e Road (State Route 732) frs~ Hartha Emtes Gray=r, Yr~stee and authorized the County Administrator to execut~ the necessary dssd. (It is noted a copy of the plat is filed with the papers of thi~ Board.) Vote: Unanimous On motioD Of ~r, ~arber, ~eccnded by Dr. Nicholas, the Board accepted~ on behalf of the County, the cunveyanc~ of a parcel Of land containing 0.016 acres alon~ the south line of Elkha~dt Road from M~. James p, Burl=igh and Ms. Lorraine P. Burleigh an~ authorize4 the County Admini$=ra~or to exeoute necesuary deed. (It is noted a copy of the plat is filed with .- ,; ._ I Il..., .................L ................ I I- .................. the papers cf thi~ Board.) 8.0,19, R~0UERT8 TO OUITOLAI~ 8.0.19.a. PORTION OP WATER EASEMENT AOROS~ PROPERTY OF OWNED On moKion cf Mr. Barber, seconded by Dr, Riehola~, the Board authorized the Chairma~ of tl%e Board and the County Administrator ~o execute a quitolalm deed to vacat~ a p~r%ien of a sixteen foot water easement across the property of Price En~erprisms, Incorporated, a Delaware Corporation. (It is noted a copy of the plat is filed wi~h the paperm of this Vote: Unanimous On motion of Mr. Barber, seconded by Dr. Nicholas, the Board Administrator to execute a quitclaim d~ed to vacate a portion Iacorporated, a Delaware Corporation. (It is noted a copy or RBOUE~T~ FOR PER~tIBBIO~ EARL S. AND M~. DOROTHY M. PIT~GE~LALD TO IN~T~LL ~ SEWER ~R~IOE ~OR RB~IDENOE OFF OF WPJ~YWOOD AUENUE On motion of Mr. Barber, secended by Dr. ~ichola~, the Board approved ~ request from ~r. Earl S. and ~s. Dorothy Fitzgerald to install a private sewer service ~ithin a ten foot amd variable width private sewer ea~emen~ to serve a residence off ef Wraywood Avenue on Tax Map Number 132-11-04-80A-004, ~ubject to the execution and recordation of an a~reement acceptable to t~e County Attorney. (It is noted a copy of the plat is filed wi~h the papers of thi~ Board.) Vote: Unanlmou~ On motion of ~r. Barbar~ ~asond~d by Dr, uichola~, tho ~oard water easement, subject to the execution of a license aqreement. (It i~ noted a copy of the vicinity sketch is filed with t/se papers of this Board.) vote: Unanimou~ 8.C.20.c. ME. B~T~,~ L. C~L~0WAY FOR FERC~ TO E~CROACH WITHIN AN EXISTING EASEMENT On motion off ~. ~arber, seconded by D~. Nichola~ ~e Board approved a re,est from Mr. Danny L. Calloway for a fence to enuroach width an ~i~tinq eight fcc% ea~ent, subject to the execution of a lioense agreement. (It is not6d a copy of the plat io filed with the paper~ of this Board.) Vote: Unanimous B.~.~0.d. ~OONO ~B~ AND ?~NE ~OR ~ ~O~RET~ ~U~BANDG~ER On metio~ Of Mr. Barber, secomded by Dr. Nicholas, the Board approved a request from Econo Lube and Tun~ ~or a concrete curb and gutter to encroach within an o~i~tinq sixteen foot sewer ~age~ent, subject to the execution o~ u llcensa a~raement. (It i~ noted a copy of ~e plat i~ filed with %he papers of this Vote: Unanimous 8.D.7.d. ~O_CONSIDBR ~MEND~NG T~ ¢0~T¥~ ~0ISE ~. Barber stated he received a concern regarding th~ noise of Service truc~s early in thc morning end inquired a~ to ~heth~r the noise of ~rvic~ trucks could be con~i~red in addition to the noise ordinances addressing loud mueic. There was brief discussion relative to incorporating language in order to consider both issues of the noise ordinances at ~ame publio hearing. ~. Ram~y ~ta~d s~aff will i~corporatx ~. Barber's request in ~e publi~ hearing. On ~otion of Kr. Barber, seoond~d by Dr. NiColas, the ~et t~ date of October 11, 1995 at 7:~0 p.m. for a public he,ring to consider amending the County's Nols~ Ordinances. Vote: Unanimous Claims schedule~ at this time. 10. REPORT~ On motion of ~r+ Barber, seconded by Dr. Nicholas, ~he Boar~ r~De~t on the General Fund Balance; R~serve for Future Caei~al ~ro~ect~; Distrint Road and street Light FUnds; mhd Leaoe And, further, the Do~rd accepted the following roads into State Secondary System: ~DIT~ONS LENGTH ANTLER RIDGe, SECTION 7 - (Effe~t~e,,7-1-199S} Route 4920 (KentucRy De~by Drive) - From to 0.13 mile Southwest Rout~ 4905 0.~0 Wl Route 49~7 (Nashua Drive) - Prom mile South Route 4928 to ~.11 ~ile $c~th Route 4928 0.08 ~i Route 4929 (Neehua Place) - Prom Route 4927 to 0.06 mils West Route 4927 BELLG1RADE PI~kNTATION - (Effective 7-28-95) Route 5400 (Polo Parkway) - From Route 711 to Route 147 Rautn ~401 (~ro~m~ad~ ~arkway) - Pro~ Routn 3259 [Ridgedale Parkway) - Frm~ Boute ~865 (Hickory ~rove Drive) - From Route 3031 {Bryar~oell Drive) - From 0.04 mile Southeast RouEe 30~8 Em 0.11 mile Rou~e ~9~ (~ryan~ell Lane) - From Route 3937 (Cabin Mill Road} - From Rou%e Routs 3939 (Iron Ors Way} ~ From Route 3938 Ro~te 4540 (Lumlay Road) - From 0.01 male Ro~te 454~ (Marylou Lan~) - Pro~ Rou~e 454Z Route 4543 ($harenri~ge Drive) - From Rou=e 4540 to 0.17 mile Soutl% R0qt~ 4540 Route 48~ (Crys{al Do~rns Lane} - Prom Route 4853 (Hogan'A D~iv~) - From 0.14 0.77 O, 77 Mi O, 07 Mi 0.¢6 Mi 0.19 Mi 0.12 MA 0.03 Mi O. 17 Mi 0.04 Mi ~. 03 Mi Route 4850 (Redbird Drive) - From Route 4863 to 0.24 milo Salt Route 4S$3 0.24 Mi RIVER'S BEND, SECTION S ROUte 4849 (Bsyhill Drive) - From 0.17 mile Northeast Route 4850 to 0.14 Route ~850 (R~clbi~d Drive) - From 0.02 mile Southea~= Rout~ 48~3 ~o Route 4849 0.05 Mi Route 4852 (crystal Downs court) - From Ro~tu 4851 to 9.07 mile WeSt Route 4851 0.07 Mi Route 4851 (Crystal Down~ Lane} - From 0.04 mil= Nor=h Routs 4850 to 0.19 mile North Route 4850 0.15 Mi Route 4~ (01d st. Andrews Pi&C~} - ~rom Route 4850 to 0.09 mil~ South Rout~ 4850 ~ALISBURY. HATFIELD. PHAS~ 4 - Route 3805 (Rarburn Cou~t) - F~em Route to 0.10 milo East Rou~ 37~7 0.18 Mi Route §402 (Annakay Cro=slng} - From Route 5400 to Route 5404 Route 5403 (A~akay Terrace) - FrO~ D402 ~o 0.04 mile WeS~ Route 5402 0.04 Route 5488 (Gard=n View Pointe) - From Route 5404 to 0.05 mile ~outhwest Route 5~04 0.05 Route ~40~ (Leatherwood Way) - From Recta ~404 to 0.04 milo Morth Route 5404 8.~4 Mi Route $404 (Sugarborry Lane) - ~rom 0.05 mile Northwest Route 5402 to 0.37 nine Route 5402 0.42 Route 5406 (Sweetspire Ridge) - From Route ~404 to 0.06 mile Northeast Route 5404 0.06 Mi Route $407 (Whistlewosd Court) - From Route 5404 to 0.06 mile East Route 5404 0.06 WAL-MART WAY Route 961 (Wal-Mart Way) - F~om Route 60 to 0.~ ~ile North Route ~0 0.26 Mi Vote: Unanimous ~5-529 into an Executive Session pursuant to Section 2.1-344A.5., code On motion of Mr. Barber~ seconded by Dr. Nicholus~ the Bo~rd adapted the following resolution: WH=R=AS, the Board o£ Supervisors has this day adjourned into ~xecutive Session in accordance with a formal vote of the Freedom of Information Act; ~I~EREAS~ the virginia Freedom of Information Act effective July 1, 1989 provides for certification ~hat ~uch Executive Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED~ the Board of Supervisors does hereby certify that to the best of each knowledge~ i} only publlc bu~ine~ ~atter~ lawfully exempted from open msetln~ requirements under the Freedom of Information Act were dis=ceded in the Executive Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the R~ecutiv~ ~e~ion wa~ convened were heard, discussed, or considered by the Board. No member di~ent~ from thi~ o*rtlflcatien. The Board being polled, th~ vot~ ~a~ a~ Dr. Nicholas: Mr. Daniel: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mr. McKal~: motion cf Mr. B~r~er, s~eonded by Dr. Nicholas, the Board r~c~ssed to the Ad/~inistration'Building, Room 50~, for dlnn~r. Uote: Unanimous INVOCATION Reversn~ Ivan ~. Perkineon, Pastor of Matoaca cn~i6tian Fellowship, gave the invocation. PLEDGE OP ~%_LLE~IANCE TO THE T~%~ OF THE UNITED ST~TE~ OF AMERICA Members of the ~hesterfield Little League led the Pledge of Allegiance to the Flag of the United ~tate$ of America. · 4.A. R.E~O~NIZING MR. J. THOMAS 5TE~ER FOR HIS SERVICE TO T~ ~NDU~T~IAL DEVELOPMENT A~THORITY Mr. Stlth introduced Mr. J. Thoma~ Steger who was present to resolve the resolution, on motion of the Board, the following resoluti~n was adopted: WHEREAS~ Mr. J. Thomas Bteger ~rved, with distinction, on tk~ Chesterfield Industxisl Developmant Authority from ~EREA2, Mr. ~teger ha~ faithfull~ and diligently performed the duties ~n~ ~charged the responsibilities incumbent upon a ~b~r of the Industrial Development Authority; an~ WHeREAS, Mr. stege~ ~e~on~trated leadership, s®n~ivity, and Commitment to the i~uu= before the Industrial Development Authority while serving on the Boa~d~ NOW, THEREFORE BE IT P~SOLVED, that the ChaSterfield County Board of Sup~rvi~ur~ h~rebyexpresses their appreciation ~o ~r. J. Thomas Steger for representing Chesterfield County while serving on the Industrial Development Autho~i=y. AND~ BE IT FURTHER R~SOLv=D, that a o0py of %his resolution be presented to Ftr. Steger and that this resolution he pe~anently recorded ~mc~g ~he papers of this Board of SuDervi~or~ of Chasterfield County, Virginlu. Vote: Unanimous Mr. Daniel pre~ented the executed resolution to Mr. Steger, and expressed appreciation for his service and ~o~mitment to the Industrial De~el0p~ent Authority. ~4.B. RECO~NI~IN~ ~K. JAKES NORRIS BURTON FOR HIS F~%NY ~F~ Mr~ Stit~ i~t~od~c~d Mr. James ~erris ~ur~on who was present to receive the resolution. On motion of the Board, the following resolution ~as adopted: W~REA$, Mr. James Morris Burton wa6 b0~ in Chesterfield County, educated in ~s~erfield, and ~as worked in Che~t6rfield all of his career, exoludin9 military ~ervice; and ~S, Mr. Burton has worked for th~ ~alf Way House the U.S. Army in California and Go--any; and Mouse, Mr. Bur~on ham suooe;sfully handled many duties, progrmmming from Waiter to Opmrational Manager and Maitre D'; and Ambassador for Chesterfield County by serving Presidents, international indumtrlal executives from around the world; and WM~R~A~, ~hrough Mr. ~urt0n?$ devoted $prvi¢~ to schedule their trips to afford a visit to the Half Way House; generation of ~any of hi~ regular cnstomer~; and energies to many civio-minded and worthwhile cause~ Euch m~ the Homeless Feeding Pro,am; ~orning Star Baptis~ Church; co~unity ~rvioe programs; an~ fund raising for vari0~$ non- profit organizations. County Board of Supervisors hereby congratulates ~. James AND, ~E IT ~TH~R RESOLVED, that the Board acknowledges giv=n m~oh back to his co,unity. Vote: Unanimous Mr. ~c~ale presented th~ ex~cu~ed resolution ~o ~. Bur~on, accompanied by me,ers of his family. He expressed appreciauion for his many years of dedicated servi~e to the Half Way Houme Remtaurant and wimhed him well in him retirement. DIVIMIOM ~TATB CH~4PIOM TB~M FOR T~EIR ~wvanda, Assistant Coach, and members of the Chesterfield Little Lsaqus Majors Division State Champion Team who were On motion of the Board, the following resolution was adapted: WHEREAS, the Chesterfield Little League has, for six years con~iatently und diligently, provi~ top quality county; and Little League Majors Division S~atu ChamDion Tea~, oonmimting of Mr. Mel~en Marshall~ Coach, and ~. Joha S~anda, Assistant Pet~sburg, F!uri~a an4 complied a .789 post season winnin~ 95-532 WHEREAS, the chesterfield County Parks and Recreation Department cs-sponsors numerous youth and adult leagues, providing t_he facilities necessary for their speration~ and W~RF.A$, the Chn~terfield Little League, headed by President Wiley Blanks, registers over 1,5~0 participants sea~en; and WHEREAS, ~heChesterfield Little League had an eleven and twelv~ year 01d Stats Champion Team from among 171 ontrles in virginia. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board cf Supervtssrs commends and recognizes the Majors Division State Champion Team and the Chesterfield Little League for their superior achievement and representation of Chesterfield County and its residents. Vote: Unanimous Pis. Warren presented the executed resolutlons to ~r. twvan~a, an~ members of the Team who were accompanied by m~tbnr~ of their families. ~ congratulaCe~ them on their out~tandlng achievements, and wished them well in their future Mr. Marshall expressed appreciation for the recognition and presented a pansrama picture of tRe Chesterfield Little League'm opening day to each ~oard member. 15. PUBLIO HE~RINGS 15.~. TO CONSIDE~ A~ ORDINANCE TO VA~T~ ~O~TI~N ~F Mr. ttith stated ~his date and time has been advertised for a public hearing to consider an o~dinunce to vacate a portion of West ~on View Drive in Son Air Subdivision. ~o one came forward to speak in favor of er against this ordinance. On motio~ of ~r. Barber, seconded by ~r. Warren, the Board adopted the ~ollowing ordinance: NETTIE C. MCCENE¥, {"GRANTEE"), a portion of Bun Air, MIDLOTNTA~ ~agist~rial Dts~rict~ C~esterfield County, virginia~ as shown on a plat thereof du~y r~cor~ed ~Y 27, ISS0, in Chesterfield COUnty i~ Plat Dock 1, ~t Page WHER~S~ N~TIE C. MCO~EY, petitioned the Board of po~io~ of W~st Ben view Drive, fo~erly designated as "C" Street, ~ID~OT~I~ ~agis%erial Dt~Triut, ~es=er~ield county, Virginia more particularly ~hown on a plat of record in the Cl~rk'~ of~iue of th~ circuit Cour~ of ~ai~ CounUy in Plat ~0o~ 1, Page 115. The p0~tion of right of way p=titioned to be vacated is more fully described as follows: copy of which is a~tached hereto and ~ad~ a part of thie Ordinance. W~EI%EAS, notice has been given pursuant to Section of the Code of virqinia~ 1950, as amended, by advertising; and, WHEREASr no publio n~ce$$ity ~xists for t~e continuance ct th~ portio~ of right of way ~ought to b~ vacated. Tha~ pursuan~ to section 15.1-482(b) of the Code of Virginia, hereby vacated. This Ordinanoe ~hall be in tull forc~ and ~ffeo~ Chmsterlimld County, Virginia pursuant to Section 15.1-45~ The effect of this Ordinance pursuant to Sec%ion 15.1-483 to ~estroy %he force and e~ec~ of ~he recording of ~he portion Accordingly, thim Ordinanc~ ~hall ha indexed inca nam~ of Vote: Unanim~u~ X$.B. TO ~ONSIDBR ~tN O~DINANCR ~O VACATE OP ~OR~ION OP AN EIGHT FOOT EAS~ENT ACROSS LOT 50~ SAS~M OAKS SUBDIVISION public hearing to consider an ordinance to vacate a portion of an eight foot easement across Lot 50, Salem Oaks Subdivision. No one c~me forward to speak in favor of or against this ordinance. On mo~fcn of ~. McHale, seconded by ~. Barber, the Board adopted the following ordinance: ~ 0RDI~A~CE whereby the C0~TY 0F ~EST~FIELD, VIRGINIA, ("G~TOR") vacatem to {husban~ and wife)~ ("G~TEE"), a pornion of an 8' e~ement ~ro~ Lot 50, S~lem 0ak~ subdivision, B~UDA Magisterial District, Chesterfiel~ County, Virginia, ag ~hown on Office of ~e Circuit Court of ~e~terfleld COunty in ~lat Book 59, at Pa~e 17. WH~AS, MI~ COLE, AGENT for JEFFREY LI~TTK A. ~OINS, (husband and wife), petitioned the ~oard Supervisors of Chesterfield Co~y, virginia %o vacate a subdivision, B~P~UDAY~gietar~sl District, Chesterfield CoUnty, Virginia more particularly shown on a plat o£ record in the clark~e O££1ue of the Circmit Court of said county in Plat Bock 59~ at Page 17, dated AUGUST 31, 19S7. The portion of easement petitioned to be vacated is more fully described as follows: A portion of an S' easement across Lot 50, Salem Oak~ Subdivision, the location of which is more fully shown ena plat hy ROBERT K. THOFd~S AND ASSOCIATES, dated JULY 12, 1995, a copy cf whiuh is attached hereto and made a part of thi~ Ordinance. WHEREAS, notice has bean given pursuant to Section 431 of the Code of Vir inia, 195Q~ as amended, by WHEREAS, ne public necessity exis%~ for the continuance of :he portion of easement sought to be VaCated and the vacation will not abridge the rlght~ of say citizen. be and is hereby vacated. accordance with Section lS.l-482{b) of the Co~e of together with the plat attached hereto shall b~ recor~e~ no sooner than thirty d~ys hereafter in the Clerk'~ Office of the The effeot of ~is Ordinance pursuant to Section 15.1-483 is ~o ~estroy the force and e~ect of the recording of simple title o~ the portion of easement h~reby vacated in the property owners of lot 50 within Salem Oaks Su~ivision, and clear of any rights of public use. Accordingly, =his ordinance shall be indexed in =~e nameE Mr. stith stated this date and time has been advertised for a public ~eariDg to consider an ordinance to vacate ~ Street betwee~ B~ford Road and Logan Street. NO one came forward to speak in favor of or against this ordinance. On motion of Mr. esther, seoon~ed by Hr. Warren, the Boar~ adopted the following o~dinanoe= AN ORDINANCE whereby the COUNTY OF CHeSTeRFIELD, VIRGINIA, ("G~TOR") vacates to BENJAMIN D. SMELCER and PAULINE SNELCER~ and FRANK J. SHIKCHICK and BRENDA H. SHIMCHICK ("GR~NT~F~"], a 50' right of way designated a~ E Stres~, ~IDLOT~IAN Magisterial District, Chea~erfiel~ County, Virginia, as shown on plat dated aAJNE 10~ 1941~ duly reoerded JULY 21, 1941, in the Clerk's Office of the Circuit at Page 354 and shown on a plat recorded in Deed Book 118~ Page WHEREASr BENJAMIN D. SMELCER, petitioned the Beard of $~pervi~or~ o~ Chesterfield County, Virginia to vacate E Street, MIDLOTHIAN ~aglsteriat District, Chesterfield County, virginia more particularly shown on a plat of record in the Cie~k's Office of the Circuit Court of said County in Deed Book 266, Page 364. The portion of right of way petitioned to be vacated is more fully described as follows: is more fully shown on a plat made by CHARLES H. FLEET AND ASSOCIATES, ~.C., dated JULY 26, 199~, a copy cf which is attached hereto and made a part of this Ordinance. W~BREAS, notice h~s been given pursuunt to Seotio~ 15.1- 431 OS t~e Code of viroinia, 195o, as anen~ed, ~y advertising; and~ W~R~AS, no public necessity exists for the of the portion of right cf w~y ~cu~ht to he vacated. NOW, THEReFOrE, BE IT O~DAINED BY THE BOARD DF SUPERVISORS OF C~ZT~RFI~LD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b] of the Code of V~ruinie, 1950, as a~ended, the aforesaid port,on of right way be and is hereby vacated. GRA~TTEB hereby conveys unto GRI~NTOR and GRANTOR hereby being vacated as indicated on the plat attached. accordance with Section 15.1-482(b) cf the Code of Virginia, 19§0, as amended, and a oertifie~ copy of this Ordinance, sooner than thirty days hereafter in the Clerk's Office of the is to ~estrmy the force ~nd effect of the racordin~ of the portion of the plat vacated. This Ordinance shall vest fee simple title m~ the portion of right of way hsreby vacated in Accordingly, this Ordinancs shall be indexed in the names ~otu: Unanimous on motion of Mr. Warren, eeoonda~ by Dr. Nicholas, ~he Bonrd approved the conveyanc~ of a .007 acre p~rcel cf l~nd together with a permanent slsp~ easement to the vlr~inia Department of Eighways and an eam~ment ko ~}~emapeake and Potomac Telephone Company oS Virginia and authorized =he Chairman of the Beard and the County Administrator to execute the necessary deed and with the papers of this Board.) Vote: Unanimous 15.~. TO ~ONfl~DER~PROV~L ~OR HX~L%I~_OF LAND AT~-~GNOLIa GRANGE On motion of Dr. Nicholas, seconded Dy ~r. McHale, the Board approved the conveyance of parcel A, containing 0-02 acres and parcel B, containing o.03s acres in exchange for parcel C., containing 0.085 acres st ~agnolia ~range a~d a~thsrized the chairman of the Board and County Adm~nlstrator to sign the necessary deed. (It is ~oted ~ copy of the plat is filed with the papers of th~ Board.) Park and relocation of the parking area. (It is noted a copy of th~ vicinity sketch is file~ with the papers of this Board,) Vote: Unanimous public hearing Un consider the application for and acceptance appropriation o£ state fund~ to rehabilitate Taxiway "C" and County Air~ort. hearing was clo~ed. grsnts~ are s great way to improve Airport facilities. Mr. Daniel then made a motion, ~donded by D~. Nicholas, for tbs hoard to authorize the County Administratsr tn accept a virginia Department of Aviation Grant for the Design, Engineering, and Rshabilita=~on of Taxiway "C" and T-Hangar Taxiways Projsct and to e~ter into a contract with the Incorporated fo~ design, engineering, end consultant authorize the County Administrator to entsn into a contract with the applicable lowest responsive and re~pon~bl~ and appropriate all State ($516,800) and county funds for the Airport Improvement Project. In Eermuda Magisterial Distrlst, CATHBRENE S. requested renewal of Mobile ~ome Permit 88SR0192 to park a mobile home An a Residential (R-7) District. Tho density of of 2.51 to 4 units per acre. This property fronts the east 10041 Beaumont Avenue. Tax Map 97-4 (2) Central Park, ~loek LO~S 1 and ~ (shes= Mr. Jacobsen presented a summary cf Case 965R0103 and stated ~bjoct ts standard cendition~. He stated the ~oh±le home is legated ia an urea de,ignored by the Jefferson Davi~ Ccrrido~ Plan. MS, catherine S. shumaker stated the recommendation is acceptable. There was no opposition present. On motion of ~. ~cHale, seconded by ~. Barber, the Board approved ca~e 96SR0103 for ~even (7) year~ ~ject to the t. Th~ applicant ~hall be ~e owner and occupant cf mobile home. 2. No lot O~ parcel may be rented or leased fo~ ~se a~ a rental property, only one (1) mobile home shall be pe~itted to be ~arked on an individual lot or parcel. yard~ and ot~e~ zoning ~equirements of =~e applicable zoning district shall be complied wi~, except that ~obile ~ome ~hall be located Cluaur ~an 20 feet to any existing residence. onto a mobile home. Ail mobile homes shall be skirted but shall not b~ placed on a permanent foundation. 5. ~erm public (County) water and/or sewer are available, Upon being ~an%ed a Mobile ~ome ~e/mit, the applicant shall ~en obtain the n~=~a~ pe~its from ~e of the Suildinq Official. This shall b% done p~io~ the instaklation or relocation of the mobilm home. ~y violation of ~a above conditions uhall bu ~uund~ for revocation of the Mobile Home Permit. Vote: Tn Matoaca ~aglsterlal District, DAVID O. A~DM-~RJOMIE P. ROSE requested rezoning from AgricultU~ai (A) to Residential (R-9) of ~0B.9~ acres and Corporate office (0-2) of 199.75 acres with Conditional Use Planned Development to permit ua= and bulk exceptions. Residential uae of up to 4.84 units per acre is permitted in a Residential (R-~) District. ~he density of such amendment will be controlled by zoning conditions or Ordinance single family residential use of 2.2 unit~ per acre or less, conservation/passive recreation, and regional mi×sd use with density to be determined hy development regulations. This request lies on two (2) parcels totaling 408.7 acres, one (1) fronting approximately 720 feet on the ~outh line of 01d Kundred Road, approximately 2,850 feet southeast of 0tterdale Road, and the second parcel fronting approximately 4,000 feet on the west line of 0tterdele Rsad, approximately 1,A00 feet so~th of Old Mundr~d Road. Tax Map 35 (1) Parcel S end Tax Map 35-3 (1) Parcel 1 (Sheets 12 end 13). Mr. Jacobsen prementnd a summary of case 89SN0327 and =tared the applicant i~ requesting a one year deferral cf case ~$N0327. ~e further stated this ea~e ~as b~en pending for approximately six years and that the Planning Commission has deferred this request twice earlier this year, requesting the applicant to take steps in hiring tho appropriate consultants =o wore on t~e request. He stated the applicant did not hire the appropriate consultants, ~herefora, the Planning sub~itted a recommendation to the Board for denial. Mr. James W. Theobald, representing th~ applicant, requested th~ Beard to support a cae year deferral to alI~wth~ applicant an opportunity to market the property. Ther~ wa~ brief discussion ~elati~s to the impact of this development on adjacent ~r. Loui~ Lombard expressed ocn~e~n~ relative tn growth in the northwestern area of t~e ceunty and ~tated he supports a one y~ar deferral of the request. ~r. Steve Harrison stated he resides in Nurth Hundred subdivision; that he has served as a representative for his neighborhood regarding %hi~ request; as~ that he does not oppose a deferral. ~e further stated if this request is becoming active again, area residents roqmeets to he notified in time to allow them to meet with the applicant to discuss Dr, Nicholas stated this request has been on the market for six years and thi~ applicant has only had the right to pursue application for five weeks. ~e furthsr stated that particular request ha~ never been before the ~oar~ of Supervisors and he foel~ it ie only proper to defer the ~equeet to allow the applicant time to develop or dispose of their property. Dr. ~icholas then made a ~otisn, seconded by Mr. Daniel, for the Board to defer Case SPSN031? until August 2S, 1996. Mr. Daniel stated this request has been discussed at the Planning commi=eien level under two Board~ and will be discussed by the third Board in a year. ae fur=he~ s~a~sd there is a posslbility that the Board of $~pervisors could refer the request back to the Planning Commission if significant c/lenges are made to the original zoning. Mr. Berber stated the applicant should ensure some type of notification prcce~ among area residents rsgardim~ ~LT. KeHale called for th~ vote, on the motion made by Dr. Nicholas, seconded by Mr. Daniel, for ~hs Board to defer Casa 89S~O327 until August 28, 1996. vote: Unanimous 95-539 In B~rmuda Maqim~eri~l Dimtrlc~, C~ESTER R~DEVE~O~ENT tO Community Business (C-3) of 73.6 acres plus Conditional Use Planned Development to permit nse and bulk exceptions on thi~ (C-$). A mixed use development with residential, office and co~nerclal use~ i~ planned. T~e density of such amendment will Comprehensive Plan designates the property for neighborhood co~eroi~l; mixed use to include neighborhood oo~ercial and per acre; hat,al conservation; and residential u~e cf 2.51 to approximately 700 feet on the north line of West Hundred Road and lies between~e CSX Railroad and DeLavial Street. Tax ~a9 115-2 (1) Parcels 6 and 7; Tax Map 115-2 (2) W. C. Trueheart, Lot 5; Tax Map 115-3 (1) Parcel 1; Tax Map 115-6 (1} Parcel 40; Tax ~p 115-6 (2) W. C. Tru~ear=, Lot 5~ and Tax Map 115-7 {1) Parcels l, ~, 3, l~ and 3~ (Sheet 32). Mr. Jacobsen presented a sugary of Case 9~0309 and noted ~e r~quest was double advertised for a public hsaring. He further thirty days~ therefore~ staff reco~ends a thirty-day deferral. 0n motion of Mr. M~ale, seconded by ~. Warren, ~e Board d~ferred Case 95SN03~9 until September 27, 1995. Vote: unanimous In Bermuda ~a~ist~rial District, THE CHEStERFIElD COUI~Y OF S[r~BRVI~OR~ requested Conditional U~e to permit a ~t0ok farm, to allow the keeping of ~wo (2) goats and three (~) horse~ in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions er Ordinance ~tandards. Th= Compr~hen~ive Plan designates tho propert~ for (1) Parcel 6 and Tax ~ap 115-5 (2) Perdue Lurer Company, Lot C-1 (sheet ~. Jauobson ~re~ented a s~ary of Case 95~N0300 and ~tated conditions. There was no opposition present. On motion Of Mr. ~c~ale, seconded by Dr. ~i~olas, the Board approved Case 95SN0~00 ~ject to the following condition~: 1. Thi~ Conditional Use shall be ~anted to and fo~ B. Williams, exclusively, and shall not b~ nor ~n wi:h the land. (P) 2. All facili~ie~ and areas associated with ~e keeping of goat~ a~d horses (stables, pastures, etc.} shall be cleaned and made £ree s£ wasta on a re~ular basiL. In addition, the property owner ~halt employ a means of eliminating any o~or ~rohlems and propagation of insects. This Conditional Use shall be limited tc the keeping of two (2) goats and three (3) horses. (P) 4. Facilities and areas (stables, pastures, etc.) associated with the keeping of ~oa~s and hor~e~ shall be located in the area designates ad ~shed, goats and horses" on the plan submitted with the application. Provided, however, thss~ facilities and ar~as may expanded or rels=ated if such improvements are located at least tw~ty-five (25) feet from adjacent properties. (~OT~: In addition to these se%backs~ accessory conform to the setback requirements of the Zoning 5. This Conditional Use shall he granted for a period not to exceed ~even (?) years. upon reapplieation prior to expiration.) COMPANY regussted rezeninq from Residential (R-7) to Agrioult~ral (A) with Conditional Use to permit office uss. Tho density of sush amendment will bc controlled by zoning conditions or ordinance standards. T~¢ C0mpr~henslve Plan designates the property for residential uae of 1.~1 to units per acre. This request lies on 1.0 dore known as 6424 Hopkins Road. Tax Map 52~16 (1) Purcel 5 (Sheet Mr. Jacobson presented a sugary of Cu~e 95EN0~ and stated the Pla~ing commission and staff reco~ends ~enial because the request do~ not Oompl~ wi~ ~e Central A~a. Land use and Trans~ortatlon Plan and approval of the rm~a~t ~o~ld se~ precedent for further non-resld~ntial development along Road. He further state~ the Dropsied ~oning and land use not a ~p~e~entative of, or compatibl~ with th~ ~xisting or anti=iDa=ed residential ~evelopment along thi~ portion of the Hopkins Road Corridor and tbs proffered conditions fail and ther~ was some opposition to the re~e~t at th~ Planning Co~i~sion Mr. Steve ~rek, stated his insurance office has been located um ~opkin~ Romd for the pa~t nine years and over 99 pe~oent hi~ busines~ is conducted by mail, telephone, and fax amd that himself to come to the offi~a. ~ f~rth~r stated he would to r~lo~ate biz b~siness because of eoonomio ~eauons. He then presented a brief overview of development along ~u~kins Road and stated he has spokem with the mujority of residents along ~e~id~t~ expressed concern~ about the Commercial entrance relative to the si~iflcant decrease in the assessment value hom~s located in Watchrun Subdivision and ~ubmit~ed into the 95-541 8/~3/95 record a copy of an assessment r~port of the area. He stated his recommendation to revert tl%e decline in property includes encouraging investors to renovate or rebuild structures along Hopkins Road to include structures that kava the appearance of high end residential homes and, in return for t]~eir investment, the investor may use the location us office sense of pride and would provide a base for stability that can lead to increased ~rsDerty value. He entered into the retard a petition of approximately ?1 signatures in support of hi~ repusst. Mr. William Douglas Jones, Jr. stats~ he resides in Watchrun Subdivision and that he is unaware of his subdivision being researched by M~. Marsk and is unnware of anyone in his neighborhood that supports the development. He expressed concerns relative to the increased traffic and the impact on hi~ property value if thi~ r~qu~t i~ approved. Mr. Loui~ ~o~b~r~ state~ he supports the recommendation of the Planning Commission and ~taZ~ and that hs doss not feel a commercial change in thi~ are~ would be bens£i¢ial, Read and Watch Rum Drive; that her family has a bus~nss~ that is not conducted out of their home~ that she has resided in her home since 1977; and that she is opposed to the commercial change in a residential area. N~. Patrlcla ~iiki ~tat~d ~h~ r~id~s on Lyth~oe Avenue and that she is opposed to the request. MS. Catherine Far.er stated ~he resides on Wntchrun Drive and that sh~ and h~r husband have resided in their home since and are ntrongly opposed to changing th~ property from the increased traffic in the area if the request is approvsd. MS. Patricia Lohr stat%d mhe resides in Fuqua Farms subdivision and is ~resident o£ Fuqua ~arms Civic Association. She further stated she feels approval of the request would be spot zoning and that spot zoning along this corridor would be detrimental to the quality of the residential area. she expressed concerns relative to the safety of area residents and to the drainage onto adjoining properties if the request is approved. She requested the Board to d~ny the r~quest. ~. Treva Phillips ~tated she resides in Watch~un Subdivision and expressed concerns relative to the increase in traffic, the decrease in hsr property value, and the crime in the arsa if the request is approved. She requested th~ Board to deny the request. Es, C,J. McCreedy stated she has an extensive ~ackground in histsric preservation and in the medical field; that mh~ has al~o r~seareh~d ~hi$ request; that crime ha~ already in this area; and that change is inevitable. She f~rther stated she f~els that area re~idents should foGus on improving their area an~ the residents should address t~eir concerns with the applicant in order to werk eat ~n agreement. She that the appllennt's business will not increase traffic as area is already heavily traveled. Mr. Robert Vaughan ~tated he r~iden i~ the Watchru~ Subdivision and ewDressed concerns relative to the impact on alderl~ residents in the area and increased traS£io if the request i~ aDpr0ved. He stated he does not support this Ms. Ey~tl~ King stated she is a neighbor of Nr. Marok and she 95-542 8/23/95 is opposed to the request. MS. Phyllis Creel submitted into ~hs record a copy of a petition with 85 na~e~ in oppositie~ to the request. She stated that area r~sidents do not support any additional businesses locating in the area and requested the Board to deny the request, Mr. Charles Johnson stated he is mpsaklng on behalf of fa~il~ members who reside in th~ ~oDkins Road corridor. ~e further ststed that all businss~es on Bopkins Road, addressed by the applicant, are zoned business and not agricultural and that there is a lot cf =noccu~ied business space in the Hopkins Road area. He ~tated ~e feels the ag~ of area residents should not be used as a basis for decision making. ~r. James Stansbury stated he resides on Hopkins Road and e~r~ressed concerns relative to the increased traffic in the approved. He requested the Board to d~ny the ex. reseed ~oncor~s relative to the applicant receiving ~ignat~res for hi~ petition from citizens that do not reside in the neighborhood, she further stated the applicant has informed people that if his insurance busines~ i~ n~t approved for thi~ area, he has obtained permismion to put four row hou~em along that property, She stated she feels the applicant ha~ misrepresented himself and the entire issue. There being ~c one else to address this issue, the public hearing was closed, ~r. Marek stated the property is aoned R-7 and that he has made area residents aware that the property ~s ~O~$d to allow him to put up to four houses on each acre without additional permission from the County. ~ further ~tated he received signatures from business owners located in nearby sho~ping centers to find out if the comm~rcial business along Read would be a detriment to their business. ~e stated that hie building will be structured to allow safety for his employees; that he wanes to own, not rent, his place of b~iness along Hopkins Road; that only those who are opposed to the request hav~ complained about the design of the building; and that he do~s not feel traffic concerns is an issue. Mr. Daniel stated that thi~ is a ease of planning issues County are working diligently to revisit the Central Area Plan ~0 identify areas of opportunities for redevelopment and work that plan through in an orderly, structured manner and that zoning is the issue before the Board at this ti~e. Re further ~tated that concerns have been ex~re~s~d regarding the request be approved. ~e stated savarai issues reinforce t~e position of the Planning commission including th= request not being in ie a typical case of spot zoning, Re further stated the he supports the reos~uuendation 0I the Planning Commission for as the plan is revisited and redeveloped, bu~ he feels to deliberately co~uercialize in the middle of residential development would he less than prudent representation of 95-543 8/23/95 I~, Daniel then made a motion, seconded by Mr. Barbsr, for the Board to deny Came Discussion, comunents, and questions ensued relative to how trips that would be gensrated by this development; whether the existing building will bs renovated to achieve thc architectural design outlined in the proposed request if the remain residential. incorporated into the Central Area Plan to allow the area to ~ssist in reinvigorating itself and the issue of deersaslng property values in the ~opkins Road area Ehould be addre=sed. Mr- Daniel clarified that this issue is County-wide and consistent with recommendations with other corridors of this b~ ~aimtained with a r~idsntial ar~a and ha feel= the Csntral Area Plan should include any needed ordln~nce amendments to assist in redeveloping the surrounding area, Mr. MeHale stated ho feels the applicant has mad~ some strong point~ and that h~ could support th~ request ff a plan developed to support the applicant's proposal. He further stated this is not a picturing issue, but a zoning issue and due to tbs absence of a plan, he ~upperts the notion. Mr. McHals called for the vote on the notion mads by Mr. Daniel, ~econded by Mr. Barber, for the Roard to deny Came 95SN0292. Vote: Unanlnoum In Bermuda Magisterial District, LISA AND ~UBE~T BAILEY rsquested rezoning fro~ Community Bu~inee~ (C-~) to General Bu~ine~ (C-B). Thc applicants hav~ agrss~ to limit uses to those permitted in the C-3 District plus a motor vehicle repair facility- The ~en&ity of sRch amendment will be controlled by zoning conditions or Ordinance standards. The Conprshenmive Thi~ request lies on 1.0 acrs fronting approximately 180 feet of Willis Road. Ta~ Map ~i-8 (5} Crescent Park, Block 6, Lotm § through 9 and !4 through 19 (Sheet statsd the Planning Commission reco~ends approval and acceptance of proffered con~ition~. She further stated the Planning commission indica=ed that with the proffered conditions~ the request would confor~ ts the Jefferson Davis Corridor Plan. Dr. Nicholas excused himself from the neetin~, Ma. Lisa Bailey, Vice President of E~rems Muffler, Incorporated, stated the reco~uaendatisn is acceptable and that mhe fsslm the construction will be an improvement for t~e i~n~ediate neighborhood, both visibly and economically. There wam no Opposition present. Dr. Nichol~ returnod to the ~eetinp. Mr. ~cHale stated he concurs with the r~ocmmondation of tho Planning Commission and feels ~he buffering and proffered conditions will provide the appropriate protection to ureu residents. Mr. McHale than ~ade a motion, ~con~ by Mr. Barber, for the ~oard to approve Case 955NC293 and accept the 1. A twenty-five (~5] foo~ buffer shall be provided along the western boundary cf the property adjacent to Oak he approved by the Planning Department at th~ tim~ of mite plan review. 2. The u~e~ permitted shall be restricted to those permitted by right or with re~triction$ in the District, plu~ motor v~hiol~ repair. Vote: Unanlmou~ Mr. Ns~ale congratulated ~s. FaitA Davis on her new Do~ition a~ Clerk to the Beard of B~perwlsors and stated the Board looks forward to working with her. 17. AD~OUtU~II~IEI'~ on motion of Dr. Ni~hola~ ~e¢o~de~ by ~r. Barb~r~ the Boar~ adjourned at 9:05 p.m. until September 13, 1995 at 3:00 p.m. L%n~ B. Ramsay / CSunty Administrat~r