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06-12-96 MinutesHINUTES Supsrvisors i~ Attemda~¢e: F~. Harry G. Daniel, Chairman Mr. Arthur S. Warren, Vice Ch~m. Kr. Lane B, Ramsoy County Administrator ~taff in }~. C~aig Bryant, Dir., Utilitle~ ~. N. E. Carmichael, Commi=s~on~r of Revsnue Ma. Marilyn Cole, Asst. to County Adnin. Ms. Faith L, Clerk to tbs Board Asst. Co. Admin.~ Legls. ~vcs. and Intsrgovern. Mr. Willla~ D. Building official chief Robert L. ~anes, Jr., Fire Department Mr. ~ichael Golden, Dir., Parka end Recreation Mr, Lawrenue C. Haake, III, Registrar ~r. Bradford S. Deputy Co. A~in., Kanaqement services County Ombudsman Dir., Plannin9 Mr. Robert L. Mr. Paul Patton, Aot. Dir.~ Dir., B~dget & Management Deputy Co. Admin., Mr. Frederick Willis, Jr., ~r, D~niel called the regularly scheduled meeting to order at 3:00 p.m. ~6-$46 On motion of Mr. McEale, seconded by Mr. Barber, approved the minutes cf May 22~ 1996, aa ~ub~itted. were no county Administrator's Comments at t/lis time. ~. BOARD COM~iTTEE REPORT~ There were ne Beard co~ittee Report~ et thi~ ti~e. ~A~E8 IN THE ORDBR OP PRESENTATION On motion of M~. Daniel, seconded by Mr. McHale, the Board ~el~ted Item $.A., claim o£ Forte~ra Corporation; dule~d Item · 8.~., Claim of Forterru Corporation; added Ite~ ?.D.21., Transfer of C~over Hill and Ka~uaca Distrlc~ Three Cent Road Fund~ to the SChool Board to Purchase Ten Cadet Sabers for the J.K.O.T.C. Progra~ at Manchester ~igh School, A~mln~=tered by the Meadowbrook J.R.O.T.C.; and added Item 14.H., Adoption of Resolution Honoring tho Route 360 Corridor Plan Part±oipant~ in ReCognition of the County's Receipt of the Virginia Merltorioum ~ro£esoiomal ~lanning Award and, adopted ~e agenda, a~ amended. Vote: FIFTEEN YEARS OF DEDICATED 8ERVIC~ TO CHESTE~TIELD to receive the resolution. On motion of the Board, the following r~$olution was adopted: Ckester~ield county for sixteen ~ear~ in combined service for WHEREAS, Mrs. Cuffe selfi~ssly involved her time and talents in Ieadin~ ~e Asse~sor's Office in the collection of food for the Emergency Food Progra~ a~mlnlstered~rough Social ~s~ices; and ~AS, ~s. Cuffe provided excellence in eYe, aspect of all responsibilitie~ and duties assigned by d~onstrating ao~uracy, 9rofessionalism, prid~ and dependability; and tea~ attitude by extending to her co-work~r~ within the office loyalty and friendship; and 96-347 WHeReAS, Mrs. Cuffs participated in and put into p~actice ~he attitude and ~kills ef Total Quality Improvement and served as s Key Resource psrmon for two years~ and WHEREA~, ~rs, Cuffs de~onst~ated daily, h~r d~votion and love for her Church, her family, her homeland of Nova Scotia for which she remained a loyal Canadian citizen, her cc-worker~ and her e0mmgnity. NOW, THEREFORE BE IT R~HGLVED, that the Chesterfield County Board of Supervisors publicly recognizes the contributions of ~s. Harriet L. Cuffs and extendE, on ~shalf cf its members and th~ citizens of Chesterfield County, their sppreciatiun for her exceptional servi¢~ to the county, ARD, ~= IT FURTBER RESOLVED~ that a Copy of th~s resolution be pr=seated to FLT. Frsnk Cuffs, Mrs. C~f£~s husband, and that this ree01uticn be permanently recorded among the papers of this Board of Supervisor~ of Chester£iald County, virginia. of Mrs. ~arriat L. Cuffs to chesterfield County. Estate Office stated Krs. Cuffs was a fine ~mploye~ beloved friend, and it was a privilege to have worked with her. loyal sn~ dedicated employee. He offere~ him blessings to Mr. ~r. ~ioas sba=ed =his time had been ~chsduled for a work cession to review the 199~ General Assembly legislation. He briefly reviewe~ 1996 Virginia General Assembly Legislation affecting the County including changes requiring Board action: changes which may require ~oard action; a~d changes affecting the County for which no action ie required...~e nsted changes in the 1996 Legislation include a larger number of optional item~ and that a number of Iegislativa items refer to the recudificat~on ~rocamm by including several of the legislative changes in the recodification p~bliu hearing. Ho stated the reoodication process will reduce t~e number of public hearing~ needed to be h~ld. public hearing~ to consider the following ~996 Virginia General Assembly Legislative items which require Ordinance changes and A. CO.UNITY DEVELOPHE~T 1. Amendment to the state code to clarify that a taxpayer munt be an aggrieved taxpayer in order =o appeal a decision of the boa~d Of aching appeals. 2. A~e~d~ent to the state code to rec~lire that any proposed amendnent cf the $oniDq ordinance ~hall req~ir~ ~ritten notice to be qiven by the local planning commission at or their agent~i of each parcel of land involved. ini~iatlon of an a~plicatlon for a special exception, ~peoial uoe permit, variance, rezoning or oth~r l~nd permit, or prior to final approval, the authorizing body may require the applicant to produce satisfactory evidence 3. Amendment to ~he Local Grievance Procedures ~o add ~o ~he d~finitio~ of "grievance" complaints of: (i) discrlmlna=ion on the basis of religion and (ii) retaliation for reporting an incidence of fraud, abuse, gross mismanagement. 4. Amendment to ~he ~a~e ~od~ to provide notwithstanding the contrary provisions of the local grievance ~rocedures, a final panel decision ~at would r~sult in the reinstatement of an employee of ~herif~ office who ~s been terminated for cause may reviewed by the circuit court for the locaSity upon th~ 5. Amendment to th~ st~=~ coda which provide~ a uniform license %ax to be used by local governments. Amendment to the Public PTocurement Act to increase the amount fr~ $1~,000 to $30,000 for which a public body may establish purchase ~rocedures wi~ou~ re~iring competitive sealed bids or competitive negotiations. ~ha same ~ethod of filing personal property tax returns for motor vehicles to apply to trailers an~ beats. Authorization ~o allow ~e counties of Hanove~ a~d Hunrico to impose an additional ~un~ien% occupancy tax not to exceed four De=dent (current maximum now 6 24. ~en~e~t to the state cede to extend ~e slassification for motor vehicles uwn~d by mamburs fire department to includ~ un~ m~tur vehiQle leased s~ch me, ers, if the me~r i~ r~qui~d by the t~rms of ~e lease to Day the personal property tax once vehicle. 6. ~en~ent to th~ stat~ co4~ to provide ~hat a duality ~rvice~ board shall include a s~e~iff o~ his designee when practical. 96-349 (It wa~ the general csn~ens~ of the Board that the Board would not consider Item 2~., Authorization to allow the counties of Chesterfield~ Hanover and ~enrico to impose an additional transient occupancy tax not to e×cee~ four percent (current maximum now ~ percent) until the three other local government~ take action to increase %he fax. It is further noted that it Wa~ the general consensus of the Board that it ha~ no interest in creating a behavioral health authority. It is further noted the public hearings will be advertised and held as staff ~aterminee a~Droprlats a copy of the 1996 vlrgi~ia General Assembly Legislation Affecting the County ia filed with the DaDer~ of this Board.) It was th~ general consensus of the Board to take no action on the following 1996 Leqislativo items: COmmUNITY 7. ~endment to the ~tata code to authorize the governing body to {i) ~gtablish qualifying county-wide affordable dwelling unit ~ale~ prices based on local market conditions, (ii) establish county-wide a~£crdable dwelling unit qualifying income guidelines, and (iii) offer incentives other than density increases, such as ~edueticns or waiver of permit, development, and 8. ~sndmen~ to ~he ~ute cods to require that lo,al subdivision ordinance provision~ r~at~d %o improvemmn%~ required by local ordlnance~ for vehicular control. ~sn~ent to th~ state code to extend the period in which a locality may allo~ the planning co~ission ~o mak~ zoning amendment reco~endation from 9o to 100 day~. 13. ~enOmen= ~o =he state code to authorize a locality to create lo¢~1 technology zones of up tu 1~9 acres p~r zone which includes tax incentives. (Mr. M~hale re~e~ted ~taff to study the applicability ~f thi~ i~em Co ~xisting businms~ and industry.) 14. ~endmen= allowing a ~eDa~ate ~achinery and tools r~te for e~ipment used in semi-conductor manufacturing. ~n~men~ %o the state code allowing localities to =rears a co,unity devetupmunt authority with a board that appointed in the sams manner as a wa~r mhd authority board. B. ~MINIST~TION O~ 17. ~endment %o the state code which authorizes 1o=alltles %o establish a location in public facilitle~ fo~ absentee voting in p=r~on prior to election ~ay in ~ddition to the office of th~ g~neral regis=rat or electoral'board'~' 1~. Add =he authority for counties to prepare and distribute a neutral "plain English" ~xplanatioD Of ~ny local D. ~ ~ERVICE~ ~7. ~endmen= to the sta~e cods to provide that u b~uvioral health authority may be crea~ed by chesterfield S/12/96 11. Amendment ~e the state code to clarify ~ha% the planning portions ef an approved preliminary plm~ for a period of a final plat that is a section of a subdivision as require information £rom a developer on potentially expan~ivs soil~ (shrink-swsll} during the point of the subdivision review process. 16. Amendment to the state code %a add areas of unique architectural value located within designated conservation, rehabilita~ion or redevelopment districts to those areas for which a local governing body may amend its zoning ordinmne~ and ~esignate historic landnarks. revenue to accept late certifications from volunteer public safety workers applying for certain property tax clannification~. ]6. Amendment to the state code to allow and elderly or handioapped taxpayer to submit a written statement, rather than an ~ffidavit, when applying for s preperty exemption. 7. N~W BU~INE2~ On motion of ~r. Mc~ale, seoended by Mrs. Eumphrey, the Board approved tse following st~eetlight installation cost Ben'muds District * Fiulding Road and Pruirewood Drive Cost to install light: * Kidden Creek Court, in the eul-de=sau Cost to install light: $71g.69 Vote: Unanimous .T_:~.,.,, , ~PPOINTMBNT~ On motion of Mrm. ~umphr~y, m~¢onded by M_r. McHale, the Board suspended its rules at this ti~e to allow mimultaneous nomination/appointment of m~mb~rs to serve on the John Tyler Community College Local Board. On motion of Mr. McHale, ~econded by ~rs. Humphrey, the Board ?.B.2, Additional Appointment to the John Tyler Community College Local Board. Vs~e: Unanimous On motion s£ ~r. Warren, meoonded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mtn. Lorrians Waddill to s~rve on the John Tyler C0~Ru~ity College Local Board whose tsr~ is effective July 1, 1~9~ an~ will expire June 30, ~OOO. Vot~: Unanimous On motion of Mr. Warren, s~onded by Mr. McHale, tho Board mimultaneo~sly nominated/appointe~ Mrs. Marilyn Tavenmer to serve e~ the John Tyler Community Colleqe Local Board whomm term is effective immediately and will e~pire June ~0, i999. Vote: Unanimous On motion of Mr. Barber, seconded by ~rs. ~umphrey, the Board suapsnde~ ~ts rules a= thin time to allow ~imeltaneous nomination/appointment of a member to serve on the Aceid~n~ Vote: On motion of Mr. McHale, ~eeonded by Mrs. Humphrey, the Board simultaneously nominated/appointed ~r. Robert J. Pratt ts serve on the Acctdsnt Review Board whose term is at the pleasure of the Board. (It is noted Mr. Robert J. ~ratt is replacing Mr. James D. Whiteman on ~ho Accident Review Board.) N~+ Lyons Wa~z, ~trategic Planning Analyst, for the Budget and Management Department, briefly ~cvicwed the origin of the Community Enhancement Program (CEP) and ~tated ~he Board of $%pervi~or~ has budgeted $50,000 in the FY9~-97 Budget to be utilized for Sunding community enhancement project~ throughout the County. She then reviewed the two dimensional approach of the Program and introduced Barbara Fassett, Community Planner for the Planning Department. 96-B52 6/12/96 Ha. Barbara Faeeett etated the miseien of the CBP is to promote citizen, business, and property owner initiated solutlons to community concerns. She reviewed the goals of the including empowering communities to create & vision that empha~ize~ co--unity wellnee~ and s~lf-~uffi~i~ncy; d~veloping community, neighborhood, and business iee~ershlp; fostering co--unity spirit and pride, as well as a comunitment to care for the future; imDrcving communication and underetending between government, communities, neighborhoods, end business; promoting issues; and making better ute of ta~ayer dollar= by addre~=ing i~pl~ntation in~luding the c~ Coordinator co~uni~/n~g~orhood~ to ~dent~fy co--unity wellness and ~elf-sufflci~ncy b~ing offered to c~tizen~ organizations, ~n~ businesses; providing Proj~=t Application workshop~ to a~i~t in the Program application D~oce~; project Sands being utillz~d ~o promote co--unity enhanc~ent various County departments. . M~. Wa~z reviewed th~ project funding application project fundin~ criteria; components of co~unlty coalitions; liaite~ for use and will be aimed at improving County neighborhoods and Three Cent Road Fund~ are basically discretionary funds of th~ Board ~ar~ was brief discussion relative to the distribution of funds among the five Magisterial Districts and the expected graph uf this Program. ~r. ~cHal~ ~ta~ed he feels th~ Co.unity Enhancem~n~ Program will allow the County %o provide people infrastructure building within co~unitie~ and to ~ist in buitdin~ a future for co--unities. Mm. Wasz reviewed activities eligible for Program funding; au~ivi~ies no= eligible for Program funding; and ~e co.unity ~nhan~ment ~rcgram I997 fiscal year calendar. ~. Daniel ~tated no action is required by the Board at th~s th~ County's FY96-97 Budget. There was brief discussion relative to the expected gro~h ~he Co.unity Enhancement Program and interested organizations in the Program. 7.D. CO~SENT ITEMB OF STATE P~RK'S REOUEST FOR~ECRE~TION~L ~CCES~ FUNDS PO~ ~OCAHONTA~ STATE PARK on motion of Mr. ~c~ale, seconded by Mr. Berber, the Board adopted th~ following resolution: 96-353 WHEREAS, a new campground is to be developed by the Ce~monwealth of Virginia as a recreational facility s~rving the WHEREAS, the facility i~ in need of adequate aoce~; and WHiR=AS, th~ procedure governing the allocation of ~eereational acce~ funde a~ set forth in Section 33-136.3 the code of Virginia, requires joint action by the Department Of Conservation and Recreation and the Transportation ~oard; and WI{EREAS, a statement of policy a~r~ed Upon betwesn th~ ~aid Director and Board approves the u~e cf such funds for the ooaetruction of access roads to publiCly-owned recrmational ~reas or historical site~ ~nd W~5~F~S, it appears to the Board that all retirements of the law have been met to permit the Dirsctcr of the Department of Conservation and Recreation to designate ~h~ new campground area focal point a~ a public recreational facility and further permit th~ commonwealth Transportation Board to provide fund~ for acces~ to thi~ p~blic recreation ar~a in accordancm with ~ectio~ ~3-1~5.~ Of ~he Co~e of vir~inla: and ~R~M, the right-of~way o~ th~ ~roDo~ed a~ess road p~ovid~d by the Commonwealth of Virginia at no CO~% ~o provision~ of Section 35.1-233 of th~ C~d~ o Vir inia, ~his road =bali ba designated a "virginia B~ay" and reco~ends the Com~onw~alt~ T~a~sp~rtaticn Board, in cooperation ~ith Qir~utor of the Department of Cons~vatie~ a~d Recreation, take ~ app~oprlate action to implement ~his ~e$ign~tion. Further, th= ~oard agrees, ~hat in keeping with ~he intent o~ Supervisors of Che~tmrfleld County hereby requests the Director of the Department of Conservation and Recreation to ~his new facility a~ a public recreational ~ite and to reco~end to ~e Commonwealth Transportatio~ ~Qa~d that ~D, B~ IT FURT~ RESOLVED, that the Transportation Board i~ hereby requested to allocate of Transportation to provid~ a ~uitable acce~ road Vote: Unanimous ?.D.2. ~W:~RD .DF ~ONTR~CT TO SOUTHERN ~QNSTRUCTION FOR ~WR OUAIL OAKS DRAINAGE PROJECT On motion of ~r. MoHale~ seuended by ~tr. Barber~ the Board authorized the County Administrator to execute a ¢ontract with Southern Construction, in an amount ~ot to exceed $207,439, and with Concrete Pipe, in the amount cf $~7,~1, for the Q~ail Oak= Drainage Projeat. (It is noted fund~ fo~ the project are available from remaining de~lar$ ~n ~e FY96 Ca~ital Improvement Program (cIP) and current FYg? CIP.) Vote: Unanimous 6/~/~ 96-354 AWARD OF BEQUIREHENTS CO~TRACTS TO I.V. GROUP. A~D DEWBERRY AND DAVIS FOR ARCHITECTURAL SERVICES After brief discussion, oR motion of Mr. McHale, seconded by execute requlrement~ contracts to I.V. Harris and A=soclate~, I~eorporated; The Mosetey MsClintock Group; and Dewberry and Davi~, for architectural services, ?.D.4. APPRO%~kL AND APPROPRIATION OF C~RD~OViASCH~ On motion of Mr. Mc~ale, seconded by Mr. Barber, the Board approved and apprepriatod $40~000~ in the FY97 Budget, for the Cardiovascular Risk Reduction Grant whioh was awarded to Chesterfield County Health Department by the State Department of Health, Vu~e: Unanimou~ 7.D.5. CORRECTIONS TO BO~RD MTNUTES CT ~PRIL 10~ 199~ On motion of Nr. McHale, seconded by Mr. Earber, the Board a~en~ed the ~ear~ minute~ of A~ril 10, 1996 a~ ~ellew~: FROM~ "Thi~ day thc County Environmental Engineer, in accordance wi~h direatien~ from this Board, made report in ~rriting upon his examination of the roads in ~iehau~ Creek, Section A, Midlothian Districtr and Whereas~ the Resident ~ngi~eer for the Virgini~ Department cf Transportation ha~ advised the Director of E~viro~e~tat Eegineering, the streets in ~ichaux Creek, Section A, Midlethian Dimtrict, me~t ~he requirements established by the $~hdiyi~ion Street Requirements of the Virginia Departn~ent of Transportation, and W~ereas, the ce~ty a~d the Virginia Department of Transportation have entered into an agreement, reoord~d in De~d Book 2453, Page 40S, January ~1, 1994~ for all stermwater detention/retention facilitie~ in th~ Co~Rty- Therefore, upon consideration whereof, an~ on motion of ~Lr~ McHale, seconded by Mr. Barber~ it i~ re~olved that the ~oad~ in Mi~m~ Creek, ~ection A, Midlothian District, b~ and they hereby are established as public road~. ~d be it fur~mr re~olved, tha~ the Virginia Department of Transportation, be and i~ hereby requestsd to take into the Secondary system, p~uan~ to section 33.1-229; Co~e Of Virginiu~ and the Department's Subdivision Street R~ir~ents, th~ ~ollowlng: N~m~ Of Street: North Otterd~le Road Length: ~.1~ mile ~om: N. Otterdale Road, State Route 970, 0.01 mile nor~ of Wyld~rose Drive, grate Rout~ 971 Beginning of t~pora~ turna~o~, 0.~ mile ~orth of ~lderose Drive, 61~2/96 GuaranSeed Right-of-way of width: 70 Seat. Nam~ of Street: ~ichaux Bluff Orlve F~em: N. 0tterdale Road, 0.07 mile north o~ Wylderose Road, State Route 971 To: Intersection with Miohaux view Way~ 0.15 mile east of N. 0tterdalo Road Guaranteed Right-of-Way Width: 60 feet. Name of Street: Michaux View Way From: Beginning of temporary turnaround, 0.13 mile east of Michauz Bluff Dr~ve To: ERd of road, 0.03 mile north of M~nhau~ Bluff Drive Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, elea~ zone and designated ~irginia Department of Transportation drainage easements indinatad on the development plat. These roads serve 18 lot~. Length: 0.15 mile Length: 0.16~ile Section A, Pla% Book 79, Page 87, November 11, 1992. "This day the County Environmen:~l Engineer, in accordance with dlreotlon~ from thi~ ~eard, made report An writing upon his examination of the roads in Micha~ c~ee~, Section A, Midlothieu District, and ~hereas, the Resident ~ngineer for the Virginia Department of Transportation has advised the Dizeoto~ of Environmental Engineering, the streets in ~ichaux Creek, Section A~ Midlothias Distriot~ meet the ~eq~i~ementu established by the ~ubdivi~ion Street R~nuirements of the Virginia De~ar~ment of Transportation~ and Wne~ea~, the CoUnty and the Virginia Department of Transportation have entere~ into sm agreement, recorded in D~ed BGck 2~53~ Page 4S5~ January ~1; 1994, for all stormwater detention/retention facilltie~ in the County. Therefore, upon consideration whereof, &n~ on motion of Mr. MeHale, seconded by M~. Barber, it is re~olved that th~ roads in ~ichaux Creek, ~ection A~ ~idlothian Dis%rie~ be and they ~e~eby a~a emtablished as public road=. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to ta~e into the Secondary System, pursuant to Section 33.1-~29, Code of V~rginia, and the Departm~nt'~ Subdivision Street Requirements, the following: ~ama of Str~t: North 0tterdale ~oad From: N. otterdale Rsad~ State Route 970, 0.01 mile north of wylderose Drive, State Route 971 ~nd of ~vem~t, ~,09 mile north of Wylderase Drive, State Route 971 Gu=ran~ed Right-of-Way of width: 70 feet. 96-356 Name of Street: Miohuux Bluff Drive Length: 0.15 mile From: N. 0tterdale Road, 0.07 mil~ north of Wylderose Road~ State TO: Intersection with Michael View Way, 0.1~ mile east of N, otterdale Road G~anteed Right-of-Nay Width; 60 feat. Fr~m: Beginning of temporary turnaround, 0.13 mile east of Michaux Bluff Drive snd of road, Q.0~ mile north of Michael Bluff Drive Guaranteed Right-of-Way width: 50 feet. T~is reguest is inclusive of the adjaues~ slo9e, sight distance, clear zone and designated Virginia Department of Transportation drainage easements indicated on the ~velmDmen~ plat. An a~ditional right-of-way for N. 0tt~rdal= Road a~d This section of Miohaux Creek is recorded as follows: See=ion A, Plat Book 79, Page 87, November 11, 1992. Vote: Unanimous" Vote: Unanimous 7.D.6.a. CLOV~R ~ILL DISTRICT FOR ~OST PROK ACTI?iTIE~ AT KO~ACAN HIGH S~HOOL On motion of Mr. McHala, seconded by Mr. Barber, the Board appropriated $~,000, from the Clover Hill District Three Cent Road Fund~ to th~ School Board for Po~t-Prom Aetivitie~ at Monaoan High school. TORGM RUN On motion Of ~. MeHale, seconded by Mr. Barber, the Board appropriated $~00, from the Matoaoa District Three Cent Road Fund, to the Police Department to d~fray oxp~n~e~ a~sociatod with the Special 01ympi=s Torch Bun. Vote: Unanimous ?.D.T. APPROV~-L OF DE~ART~EN~ OF ~RIHINA~ J-g~TIOE SHR¥I~ES GI~A~T ~OH THE G~O~LTH ~TTOR~.~S OFFICE ~ On motion of ~r. ~oHale, seconded by ~r. Barber, =ne Board appropriated $78,753 to t~e FY97 Budget, from Department of Criminal Justice services grant revenue, to ~und the remainder of an ongoi~ a~to~ated networked case management ~y~te~ for tho Co~onw~al~ Attorney's office. Vote: Unanimous 6/~2/96 96-357 ?.E.8. TP.~N~FER O~ ~[~DS FOR TEE FYP~ SU~PL~ENTAL CREETERFIELD ROA~ FD~DS. APPROVAL OF UPDATED O~ motion of Mr. McHale, seconded by Mr. Barber, the transfer=ed $~0,~ from the General Road Improvement~ Acoo~nt (available after ~uly 1, 1996) for the FY96 Supplemental cheu~rfiel4 Read Fund; approved the updated Chesterfield Road F~d P~oject Development Schedule; and adopted the following resolution: WHEREAS, Section 33.1h75.1 of the Code of Virginia permits the Commonwealth T~anspor~e~ion Board to ~ake an equivalent matching allecation ~o any County for de~ignation~ by the governing body of u9 to 25 percent or $500,000, whichever is greeter, of funds received by it during the current fiscal ye=r pursuant to the "State and Local Fiscal Assistance Act of 197~" for use by the Commonwealth Transportation ~oar~ to ¢on~truot, maintain, or improve primary and secondary highway eystem~ within ~u=h County; and WI~EREAS~ th~ Virginia D~partment of Transportation ha= noti£i~ the County that $SQ,QQQ is the maximLrm amount of chesterfield Co~ty funds that will be matched by the ~tat~ as a =up~Iemental FY95-96 allooation. ~OW, T~R~FOR= BE IT RESOLVED, that the Cheaterfield county Board of ~upervisors tranmf~rm $~O,OOQ from the general rued improvements aoceunt for the FY95-9~ Supplemental Allocation PrOgram and requests VEST to provide an equivalent ma~oh. A~, EE IT FURTHER RE$OLVED~ that the FY95-96 ~upplemental funds be allocated for the following projeot~ From Chester Road to Route 10 ($]0,000 VDOT, SSO,O00 County) Vote: Unanimous School Board Budget and reserved the necessary ~un~a for reappropriation in the FY97 Budget in various accounts. (It i~ note~ a espy of =hess adjustments is filed with the papers of thi~ Board.) Vote: Unanimous ?.D.i~. A~PKOYAL OF UTILITY OOHTRACT FOR DEEP CRRE~,.TRUNK On motion of ~tr. Mc~ale, seoonded by Mr. Barber, the Board aDDrove~ a Utility Contract for Deep Creek Trunk Sawer Extension, Phas~ i and ~ Project which project inol~de$ lines as follows and authorized th~ County ~d~ini~trator to ~/12/96 Contraot A~ount= Estimated Total Total ~mtimated County Cost: Wastewater (Oversizing) IRefun~ thru connections) Estimated DsveloDer Cost: Code~ (Overriding) Diotrlot: ~ateace $37~572.00 $106,735.70 $259~836.30 Vote: Unanlmon~ ?.D.11. CONVEYANCE O~ E~SRMENT~ 7.D.11-a. WITH VIRGIWI~ ELECTRIC AND POWER CO~pANy TO fNBTA~ RNDER~ROUND ROWER LINR~ TO PROVIDE SERVICE TO THE NEW MULTI-PUrPOSE BUILDING AT CA~ R~KER On mo~ion of Mr. McHale, seconded by ~r. Barber, the Board authoriz=d the Chairman of the Board of Supervisors and the County A~ministrator to ~xeoute an easement agreement with Virginia Electric and Power Company to install underground power line~ to provide service to the new multi-purpose b~ilding at Camp Baker. (It i~ noted a copy of the plat is filed with the papers oX this Board.) VO~O: Unanimous 7.D.l~.b. WITK VIRGINIA RL~CTRId ;%NB POWER dOMRANY TO ~N~T~LL ~NDER~ROUND POWER LINER TO PROVIDE SERVICE TO THE Virginia Electric and Power Company to install underground Elementary School. (It is noted a copy of the plat is filed wi~h the papers of thi~ board.) WITH VIR~tNI~ ELBCTRI~ AND ROWE~ OOMP~/PYTO IN~TALL UND~S~O~D ~OW~ LINES TO PROVIDE ~E~VIGE TO THE NEW ADDITION CE RORIOBS BL~MENT~RY ~OHOOL ~NO TO NEW BUR LOOP on motion of Mr. McHale~ seconded by ~. Ba~ber~ t~e Boar~ authoriz~d the ChaXrman of th~ Board of Supervisors an~ th~ county Administrator ~o execute an easement agreement wit~ Virginia Eleetr~ and Power Company to install undergroun~ power lines to provide eervice to the new addition Of Rohious Elemsntary School and to re-rsute the service to the ballfields due to t~e new bus loop. (It is noted a copy of the plat is filed with the DaRers of this Board.) vote: Unanimous ?.D.~l.d. ~ITH BBLL ATLANTIG-VIHGINIA, INOORPORATED TO INST~LL ~ER~ROUND T~LE~HONR ~LR~ TO P~OVI~E On mo~io~ Of ~r. McHal~ seconded by ~. Berber, the Boa~d authorized the ~airman of the ~oard of Sup=rvi~ors and the Co~ty A~inlstrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated to install underground 96-359 telephone cables to provide phone service to the new G.W. Carver Middle School. (It is noted a Copy of the vicinity sketch is tiled with t~e papers of this Board.) ?.n.l~.~. WITH BELL A~L;t~4~IG-vIEGINIA. INCORPORATED.TO INST~?J. On motion of ~r. ~cHale, seconded by }Tr. Barber~ the Board authorized the Chait~nan cf th~ Board cf Supe~i~orc an~ the cowry Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated to install underground Points Fire Station. fit i$ noted a cop~ of the vlcln~ty s~etc~ is filed with the papers of this Board.] Vote: Unanimous On motion of K~. Me,ale, seconded by Mr. Barber, the Board install a private ~ewer and water service within a privatm Bluff Ro=~, subject to the execution and ~eCordation of an agreement acceptable to th~ Cu~nty A~orney. (It is note~ a Boe~d.) On motion of Mr. McHsle~ seconded by Mr. Barber, the Board approved a r~qu~nt ~ro~ ~. James W. and Ms. S~eila ~. Moore to ~a~e road improvements wifhin a~ existing fifty foot right-of- way known, as ~ves Lane, subject.~o the-exeout~o~.o~ .a license agreement. (It i~ noted a ca~y of the plat i~ filed with the paper~ of thi~ Board,) AN E~I~TING SIXTEEN FOOT E~S~NT A(~ROSS LOT ~1~ On motio~ of ~. ~cHul~, ~econded by ~r, ~erber, the Board approved a request from ~r. Jame~ and M~ Ruth'Gra~t-ts'hav~-"a fence encroach within an e×i~t~g ~ixt~en foot easement across LOt 21, Five FO~S Village, Pha~e IV, subject to the execution of a license mgre~ment. (It is noted a copy of the plat is Vut=: Unanimous 96-360 7.~.1~.d. FROM CYRUS M. AND N~N. O. k~a~N TO INSTALL A SERVICE FOB A RESIDENCE OFF FOHEST HILL approved a request from Cyrus W. and Nan ~. Amen to install a privat~ ~ewer nmrv~u~ within a =eh foot private sewer easement for a residence off Forest Mill Avenue, subject to the execution and ~aeardation of an agreement aocsptable County Attorney. (It is noted a copy of the vicinity sketch filed with th~ papsrm 0f thi~ Board.) V~te: Unanimous MULBERRY CORPORATION On motion of Mr. ~c~ale~ seconded by Mr. Barber, the Board accepte~, on behalf of the County, the conveyance of a parcel of land 0ontaining 0,074 aere~ along B~lmant Rca~ (State ~oute 6§~), from Mulberry Corporation, a Virginia Corporation, and authorized the County Administrator to ex,outs th~ necessary de~d. (It is noted a G0py of th~ plat i~ f~led with the papers of this Board.) Vote: Unanimous O~ ~IV~ K. R. GA~-% ~b VIJAYA L. On motion of F~r. Mo~al~, ascended by ~r. Barber, the Board authorized the County Attorney to proceed with eminent domain aoro~ prop=try of siva ~.R. Gars and vijaya L. ~ara for the installation cf the sewer line to se~e Ma~a Maid Dairy and in~tructed the County Administrator to notify the owner by certified nail on J~e i4~ 1996 of th~ County's intention to Rroceed with the acquisition of the easement . (~t is noted a copy of the plat is filed with the papers of thi~ Board.) Vote: Unanimous 7.D.1S. REOUESTS FOR FIREWOP-KS DISPLAY~ 7.D.~5.a. 0HBSTERFI~LD OOUI~TY FAIRGROURD~ On motion of PiT. McHale, saccnde~ by Mr. Barber, the ~oard approved a request for a permit from the Chesterfield County Park~ and Recreation Department %o stage a flraworkm dis~lsy et the Chesterfield County Fairgrounds o~ July 4, 1996 (no rain Vo~e: Unanimous ~,.D.i$.b. CLOVERLEAF HALL On motion of Mr. ~c~ale, seconded by Mr. Barber, the Board a~p~ove~ a request for a ~ermit from M~. Susan A. McConnell of the Cloverleaf Mall Merchants Association to stage a fireworks display at Cloverleaf Mall in the vacant field behind Mech='s Department Rtor~ on July §, 199~ (no rain date). Vote: Unanimou~ 96-361 On motion of ~r. ~c~a~e, seconds~ by RS. ~ar~er, the ~oard approved an entertainment/musical festival p~r~it to the ~aster ~al Society tc ~onduc% a series of out~oor mu~i~ concerts to be held Friday even~ng~ beginning June 14, 199~ and ending August 90, 1996 at Moorefield Park, ~ubjeot to appropriate condlticn~ fmpo~ed by ~taff. in the amount of $69,130, to provide funding for overtine and equipment asso¢iat~d w~th highway safety issues. (It i~ noted th~ ~oun~y'~ in ~i~d match i~ provided in the Operating Budget and no ~d~itional e9e~a=ing funds will be expended from tbs Police Department.) 7.D.18. SET D~TE FOR P~LIC H~ARING~ ?.D.18.a, T0 ~ONSIBB~ ~N ARERDMEET TO THE FY95-96 BUDGET TO ~PPROPRIATE VIRGINIA D~P~RTME~T OF T~-~SPORTATION consider an amendment to thm F¥9~-9~ ~udget to appropriate Virginia Department of Trans~or=atlon (VDOT) rei~bursementm for On motion of ~r. Rc~ale, m~eonded by Mr. Barber, the Board set the date of July ~4, 1996 at ?:00 p.m. for a public hearing to co,sider an ordinance increamlng the rate on the Transient Occupancy Tax from two percent to six percent. Vote: Unanimous 7.D.19. APPROVAL O~ LEASE OF ~]tB GREENFIELD ~OMb~NITy ASSOCIATION CO~NITy BUILDIRG FOR OPERATING A Om motion of Mr. McHale, seconded by Mr. ~arber, the Board authorized the County A~ministrator to enter i~to a lease agreement withGreenfield community Assuciat-ion, for'e~sratin~ a te~ center program at the Greenfield Co,unity Asseoiation Building from J~ly 8, 1996 to August 30, ±996, subject to approval by the County Attorney. 9~-362 ?oD.Z0, AUTHORIZATION TO AID HR. JAMIE LEE CHAFIN IN THE ACOUISITION OF A SEWB~ EASEMENT A~qD authorized Right-of-Way staff to ~id Mr. Jamie Le~ Chafin easement across property cf Ms. Alice C. Wewland and Virginia L. Jo~on, ~ubj~ ~o t~e e~e~u~ion o~ a comtract by Mr. Chafin agreeing to pay for all cost~. (It is noted a copy CENT ~O~D FUNDS TO TM~ S~BOOL BOARD TO PURDHASE TEN ~ADET SA~ER~ FOR THE J.R.O.T.C. PROGRAM AT HANC~EgTER HIGH ~HOOL 0~ ~ti0n of ~r. MeMale, ~eoondcd by Mr. Barber, the ~card . transferred $1,~00 fro~ the Clov~r ~il~ District Thre~ Cent Road Fund and $1,500 from the Matoaca District Three Cant Road Cadet Sabers for the J.R.O.T.C. Program at Manchester High Vote: Unanimous F~r. Danlel introduced Colonel Carl Baker, the new Police Chief, Colonel Baker stated he has experienced a very warm welcome while ge=ting to know each division cf the Ch~ster£ield have been enjoyable. ~r. Daniel stated he has heard ~nly favorable oe~ments about services personnel daring a recent visit from Sot th=ir ~rofemsionalism during Pr~sldenti~l Candidat~ Dole's visit. ~r~. ~mphrey also commended Colonel Baker and ~e Police Ol~p~cs Torch Run event held in the Count~ and expressed in ~e ~vent. acknowledged that ~ajor Dennis McDonald was in ~arg~ of Speoial ol~Dics Tor~ R~ event. on motion o£ ~r. ~arber, seconded by Mr. MoHale, the Board accepted tlne following r~ports: 95-363 Projects; Dis~ric~ Road and Street Light Funds; Leas= ~IRGI~IA, 1950, ~E ~/~NDED, FOR CONSULT~T~O~ WIT~ LEGAL CO0-NSEL RELATING TO PROB~L~.~ITIGATION INVOLVING Tg~ 0n ~0tion of Mr. McHale, seconded bye. Barber, the Board went into an Executive Session P~uant to S~ction 2.1-~44A.7,, Code of Virginia, 19~0, as ~anded, for Consultation with Legal counsel Re!a~ing to P~obablu Litigation Involving the Const~ction of Center Pointe Fire $~ation. ReConvening: On motion of Mr. Barber, seconded by Mrs. Humphrey, the following resolution wa~ adopted: WHeReAS, the Board of Zupurvisers h~s thi~ day adjeurn~ Boa~d and in accurdance with the previsions of the 9ir~inia Freedom of Informatio~ Ao%~ and WHEREAS, the virginia F~eedem of Information Act ~ffechive July 1~ 19~9 provides for certification that ~ueh Executive Session was cenducted in conformity with law. NOW, T~BREPORE BE IT RESOLVED! the Boa~d of Supervisors does hereb~ certify that to the be~= o~ each member's know/edge, ii 0nly publio busines~ matters lawfully exempt~ from open meeting requirements under ~e Freedom oX Information Act were discussed in the EXecutive Session to which thi~ certification applies, and ii) only such public business matter~ a~ were identified dlssen=s from this certification. The Board bei~q polled, the vote wan as followm: Mr, McHale : Aye. Mrs. Humphrey: Aye. ~r. Warren : Aye. Mr, Daniel : Aye. 11. DINNER On motion sS ~rs. Humphrey~ ~eeonded by Mr. Barber, the Board rucessed to the Administratlcn Buildlng, Roo~ ~OZ, for a dinner meeting with the Human Servi~e~ Coalition, Mr. Daniel w~loo~ed everyone to the ~eeti~g and introductions were made of tho~e pr~nent, 96-364 Coalition and reviewed the changing demogruphy of Che~tezfield county's population~ changing societal values and expectations of the County's population; welfare r~for~ and economic develoDment~ t~e changing nature of funding mechanisms; positive environment for economic development; problem urea indicators for the County; and the impact of Human Services sn the quality of 1lie in Chesterfield County. ~cs. Lynne Cooper, Chairperson of the Kuman Services Coalition, ~ev~ewed the Coalltion's recommendations for action by tho Board of Supervisors including collaboration b~twa~n aconomlc development and human servioes; meeting challenges to the at- risk population; the need for agency fl~×ibility; and reaffirmation of the reciprooaI social contraGt. It was agreed to adjourn to ~he regularly scheduled ~eard meeting. Reconvening: Mr. James McKinnell gave the invocation. Mi~s Dina Floyd, ~iss ~egan Disker~on, an~ ~i~ ~egan Ca~sy, Team, le~ the ~ledge of Allegiance to the ~lag of the United receive the resolutions. On motion of the Board~ the following resolution was adopted: Pittman, Jr., after twenty years of county service as P01ioe to appoint a new Police chief as outlined in ~he county candidates for appointment by the Board; end WHEREAS, ~he County charter specifies that of the five un~ appointed by ~he Board u£ Supervisors end one appointed by Committee is tu have ~sllce experience; and ~udge of the Circuit Court as one citizen member on the Police Chief selection Committee; Nr. David E. Johnsnn wa~ aDpofntn~ by the Board of Supervisors aa a second citizen member; and Chesterfield County Police Department was appointed a~ th~ member with police exDerienoe; and ~/~/.; 96-365 WHEREAS, theso Committee mambsr~ devoted a great deal of time and talent to the ~earch process which included developing the overall s~proach and timetable; meeting ~ith munb~rs of local and ~tata law enforcement, business, community judges, and constitutional officers~ conducting public hearings in the Magisterial Districts to receive citizen inputs and W~EREAS, the valuable service of these Committee members ~xemplifies the ~est in citizen participa:ion and dedication to duty and their efforts, slang with %hose of the other members of the Cs~mittee, resul~e~ in the euc~ess of the national ~sarch to recommend the candidate from which th~ Board wa~ able to appoint a new Police Chief. NOW, THEREFOR= ~E IT RESOLVED, that the Chesterfield County Board of SnpeMviuors publicly reooqnizes and ex-pree~e~ its appr~=iation to Dr, Lowell H. Gilbert, Mr. David Joh~so~ a~d D~tective Aaro~ ~. "Lo~ie" crt fur their outstanding service ~u the citizens of Chesterfield County. ~D, ~ IT ~THER RESOLVED, that a COpy of this County, virginia. Vo~: Unanlmou~ ~r. Danle~ pre~ent~d the exeouted resolutiohu to Dr. Gilbert, Mr. Johnson, and Detective Or% and expressed appreclut~n, Chiuf Selection Co~ittee. He =tared the Committee members did 14.B. RECOCNIZING DISTRICT ~IEF ~EOR~E ~. ~OND FOR WHERE~$, District Chief George C. Pond served an District Chief of Company 12, Ettriok Volunteer F~rs Department, from WHEREAS, C~ief Pond ha= fr~ly given of his time since joinin~ the Department i~ April~ 1957 and served in various ~an~ including Captain from 1975 to 1974 and Assistant Chia£ WHEREAS, c~ief Pond comes fro~ a long line sf family members that have been activ~ in %he Ettrick Volunteer Eanes,. donated land for the first fire station in the village of Zttriok and wars instrumental in ~tartin~ the Ettrick- Volunteer Fire Department in 19~8; Chi~f'Pond"s'father,~¥.'G~ the Ettrick ~ir~ Dspartmen~ and two uncles were also very active officers and assisted i~ making the Ettrick Volunteer Pire Departmen~ the fine opera=ion it is to~ay. distinguished service of District Chief Georqs C. Pond and Chesterfield County, their appreciation for thirty-nine years of service to the County. AND, bE IT FURTHER RESOLVED, the= a copy of this resolution b~ pre~ented to Chief Pond and that this resolution be ~erwenently recorded swung the papers wf this Beard of Supervisors of Chesterfield County, Virginia. Vote: Unanimous ]4rs. Humphrey and Mr. Rmmsey prssented the executed resolution ~ervice to Chesterfield County. Mr. Hammer introduced Miss Megan WynneL~sswelI who was present to receive the re~olution. School; and ~ighth Crad~ ~p~lling Bee, and the ~aDchester Middle ~ehool Spslllng Bee; and WI~EREAS, ~egan was one of forty-five contestants in the Chest~r£i~14 County Sp~lling B~ which ~he won on F~bruary 1996~ and WHEREAS, Megan wen the Regional Spelling Bee sponsored Dy the Richmond Times-Dispatch and held at tbs Arthur Ashe Center on Ma~ch 31, 1996 with forty-four students participating frow public school systews, private schools, and howe schcclin~ in Central Virginia; and WKEREAS, ~egan participated through Round Three in 69th Annual Scrip~s Ecwar~ National Spelling bee in Washington, the citizens of Chesterfield County and Central Virginin can all bs proud and whose hi~h standards presen~ a challenge and County boar~ o~ ~u~ervisors here~y congratulates M~s~ ~gan Wynna Ls~well for her o~tstanding academic achievements ~nd wishss hsr well in her future endeavors and acknowledges the lady as one o~ its citizens. permanently r~or~ed among the papers of this Board of ~f~t~ 96-3~7 Humphrey Dreeented the executed reselutio~ to Miss Lasswell, accompanied by her moth,r, grandfather, an~ the CHIEF BRUCE V. VECCHIONI FOR HIS Chief Eanes introduced Di~t~iet Chief Bruce V. v~ochionl who was pre~ent to receive ~he remolutien. On mo~ion uf the ~oard, =he following resolution was adopted: WH~RF-%S, Disfric~ Chief Bruce V. Veochioni served as District Chiaf Of Company s, Enon Volunteer Tire Department, from January 1, 1985 to January 1~ 1~5; and WHeReAS, un,er the direction cf Chief Ve~chic~i, Enon Volunteer Fire Department began responding to~h~ergen=y ~dical Service calls in th~ area; and ~=R~AS, Chief Vecchioni is the only Di~t~ict chief to ~EREAS, Chief V~cohioni has f~eely giv=n of hi~ time ~ince joining the Depart~unt in 1972 an~ served in variou~ ra~ including Liau~enan~ Captain, and Asuiutunt ~ief, and h~s cuntinued to ~erv~ ~iligently as a Senior CaD%uin slnc~ d~mt~ngui~hed service of D~t~ict Chief Bruce V. Vecchioni an~ ex~ends, on behalf uf it~ members an~ the citizens of ~sterfield county~ =~uir appruciution for tweedy-four years of service to th~ Coun=y. resol~ion be permanently ~ecorde~ amen9 =he papers of this Vote: Unanimous an4 e~re~e~ a~Drecia~ion for hi~ distinguished uervi=e to Chesterfield County. 14.H. RECOONIZtN~ MR. J~ME~ ~. H~LE FOR HIS DEDI~/~TED TO ~IDLOT~I~/~ HIGH SCHOOL ~ ~HESTHP~FIELD COUNTY ~. Golden introduced Mr. J~s G. Hai~, Hidlo~hian ~i~ School resolution~ He also rscognized~r; Wi~tho~fft~ Principal; Mr, Jane C~a~dlur, Asuistant Principal; meeting. 9B-368 611~196 on motion of ~he Boerd~ the following resolution was adopted: WHEREAS, Mr. James G. Hale has,'with excellence in music ~ducation and performance a~ hi~ goal, EUCCeEsfully guided the band program at Midlothian High School as a teacher and band director for thirty year~; add W~EH~A$, ~r. Hale has been recognized by his students and their families through the year~ of hi~ career a~ a dedicated teacher who instills a love of music as well as a sense of achi~¥em=nt, responsibility, and maturity in his band family; and W~g~Rg~S, Er. Bale ie ~ecegnized by hi~ colleagues as an example e~ the finest of educators; and WHF~REAS, Mr. Hale has directed~ Midlo~an High Sohool ~=rching/S~h~nic Band to an unprecedented ninth consecutive yea~ a~ an Hono~ Band of Virginia, a distinction awarded by the Virginia Band and Orchestra Directors' As~ociatlon base~ on th~ achievement of ~ Sup=riot r~ting at the Virginia Ban~ and Orchestra Director=~ A=sociation Stat~ Hatching Band Feztlval in ~e fall and at the District Band and Orchestra Festival in ~h~ spring o~ ~ch of ~h~ nin~ year~; an~ ~=R~AS, Mr. Hale, through =he ~erio=n ~u~io Abroad Program, each su~er afferds selected high school musicians ~ o~portunity to continue their musics1 growth while on a three we~ %our of Europe; and ~EREAS~ Mr. Hale is a talented and respected %rc~onist who plays professionnlly in the community and is ~n exemplary citizen, m~ntor, and rol~ mod~l for ~u~i~ian~ throughout th~ ~ommuni~y. NOW~ THEREFORE BE IT ~SOLVED~ tha~ the chesterfield for his thirty years of dedicated service to Midlothian High School and his co,unity, as well as, for his ability to inspire and challenge students to use their talents to con=inue in their 9~rsuit of exce!lence in music education an4 perfo~an~ a~d to ~ake a co~itment to m~ic in their livem. ~D, DE IT r~ RESOLVED, that m copy of this r~solution be presente~ ~o Mr. sale and~a= ~his resolution be permanently ~eco~ded among thu puperu of this BOa~d Of supervisors o~ chesterfield county, Virginia. Ayes~ Hr. Daniel, Mr. Warren, Mr. Barber, and ~. MoKale. Mr, Barber presented the executed resolution to Mr. ~ale, accompanied by his wife, and expressed aDpre=iation fo~ his dedicated semite to Midlo~ian High School and him co,unity. Mr. Hale e~remsed appreciation for =he r~cognition and to the lemdmrmhip at Midlothian Kith S~hool. Mrs. Humphrey returned to ~e m~eting. 14.F. REOO~NIZIN~ ROBIOUS ~LEMENTA~y SCHOOL FIFTH G~ADB STUDENTS FOR TEETH OUTST;~NDING REPR~ZE~T~IO~ Er, Golden introduced Mrs. Ro~a Noyes, Teacher, Mrs. JeAnn Ams, Co-Teacher, and ~everal aoblous Elementary ~cbecl ~ifth Grade students who were pre~ent to receive the resolutions. 611~1~ 96-36~ On mstlen of the Bcard, the following reeoluti0~ was adopted: ~I4EREA$, the ~obicua Elementary School fifth grade ¢ollaboratlve class of Mrs. Rosa Noyes and eo-teacher~ Mrs. JoAnR Arna~ e~tered a contest sponsored by the Society Daughters of the American Revolution in the Group Special Projects Catego~y~ and W~EREAS, this class project was entered in the Junior American Citizen's Contest whloh ~olSows the theme~ "Heritage ef OuT Co,unity"; and WI~EREAS, the entry by this fifth qrade collaberativ~ class of thirty ~tudents reeoived recognition at the local level, qualifying it to comp~t~ in the State eompetiti0n~ an4 WHEREAS, the entry received first place in the S~ate of Virginia a~d %~as sent to the Es=tern Divisional level which included five states and Washington, D.C., where it was ~gain awarded first ~lace and continued on to co,pete at the national level; and W~R~AS, ab the national level, this entry was a ~inner end ranks ascend in the nation for Robieus Elementary School's phetobook sad first in the nation for the School's video. ~0~, THEREFORE B~ I~ ~SOLV~D, ~hat t~e Che~terfleld County Board of Supervieor~ extends its Congratulations to ~rs. Rosa Noyes, Mrs. $oAnn Arns, and their fifth grade collaborative class at Robious Elementary ~chool for their participation an4 recognition in the Junior American Citizen's Contest and for their out~tandinq representation of Chesterfield County. ~%_ND, S= IT FURTHER RESOLED, that the Board of supervisors acknOWledges the contributions of the Robious ~lementary school students who participated in the Contest and to Mrs, Noyes and Mrs. Ams for their dedication to teaching. vote: Unanimuus H~. Barber presented the e×ecuted resolution~ to Mrs, Noye~ Mrs. Ams, a~d students, congratulated them on thei~ participation in the Junior American Citi~n~ Contest, and wished ~hem well in their future endeavors. 14.~. RECO~NIZTN~ TKE ~99~ ~IDLOT~I~ ~IDDLE ~0HOOL LADY MUSTANGS 80CCBR TE~ FOR THNIn OUTSTANDING REgRE~ENT~TTON OF ¢~ESTERFIELD O0UNT¥ Mr. Golden introduced ~r. E~ie kobineun~ Couch, and ~iss Megan Carney, Miee Dena Floyd; and ~i~s Magan Dicker~o~, Captains of the Mi~lothian Hiddle School Lady ~ustang~ ~occer Team who were pra~ent to ~eceive the resolutions. On motion of the Board, the following ~esolution was adopted: WHEREAS~ participatio~ in ~iddl= school sports has b~ ~n integral part of Chesterfield county's educational, phy~ioal, a~d e~otio~a! d=¥elopm=nt for students; and WHEREAS, ~ir. Eric Robinson, Coach of the Midlo~an of coaching for the past twenty-three year~; and 96-370 W~R~AS, under Mr. Robinson's guidance and direction~ thc 1096 Midlcthlan La~y Mustangs finished the regular season with a 10-0-0 r~cord~ won the County. Tournament with a 13-0-0 record, end have scored 2,503 goals in the last three seasons; and W~ER~AS, the Midlothian Lady Mustangs have a four year record of 51-8-1; and WHEREAS, the captains of the Midlothian Lady Mustangs Mi~ Megan "Barker" Carney, Mis~ Dena "Dent" Floyd", and Miss Megan "C.G." Dickerson end thei~ tse~umatee -- Miss Elizabeth IIR~ttig" Leslie; ~i~ Melitta "Erownter" Beck; Miss Sally "Sauce" Linkenaugar; Miss Christine "Lea" Budlong"; Miss Lauren "Ibe×" Weidnor; Mi~ Chrintin~ "Trite{{ ~chnu~an; Miss Alliso~ "Nadir" Dunning; Miss Jennifer "Juno" Sues; ~iss Je~y Roberts; ~i~ Mallory "Rddy" ~arri~; Miss Katie "Kudu" Kelly; Miss Erin "Stork" Crane; Miss Maggie "McGregor" Mroczkowski; Miss Stacey "Batten" Pavlak; Ziss Allison "Yikes" Swarm; C~meron "Che~" Pritchard; Miss Laura "Aegir" Hall; ."Nosy" Boardway; Miss Ashley "Gidget" Delans; Miss Amy "Mask" Mi~ Cami "~t~ B~ran; ~imm ~anda "Kuggetm" Clark; and ~iss Afar "Jest" Salem have remained undefeated for the pa~t four County Beard of Supe~v~o~ hereby co~end~ the 1996 M~dlothlan ~D, BE IT FURTHER RESOLVED, =hat the Board of Sup~visors, on b~alf of the citizens of Chesterfield County, hereby e~resses their best wishes for continued success to the Midlothian Lady Mustangs. Vote: Unanimous Miss Carney, Miss Floyd, and Miss Dickerson, congratulated them their future endeavors. ~. Robinson expressed appreciation for the recognition and noted several members o~ ~h~ Team will ~e appearing on cover of the July ~ssue of ~e Chesterfield ~ress ~agazine and Miss Carney, Sims Floyd, an~ Miss Di~erson appreciation to Mr. Robinson for his leadership as a Coach and for being a ~riend. Mr. Bar,er excused himself f~om th~ meeting. RECOGNITION OF TEE COUNTY,S RECEIP~ OF THE VIRGINI~ MERITORIOUS PROFESSIONAL BL~2~NI,N~_A~AR~ Mr. Jaosb~o~ i~trodueed Mr. K=lly Miller~ Planning Commissioner; Ms. Helen Bailey; Mr. Alan Blaloc~; MO. Charles Coker; Mr. Dick Collier; ~r. Mike Crea~y; Hr. Paul Grasewicz; Me. Nayota Gusler~ ~r. Jim Rogimb~l; Mr. Jehu Siebert; Mr. Bill Walton; and ~. ~iok White; who were present to receive tbs resolutions. He also introduced key County staff member~ who participated in the preparation of the Route 3~0 Corridor Plan. He noted Mr. Russell J. Gulley, 96-371 Planning Co~mi$$ioner, was unable to attend the meeting due to a death an his family. on motion of the Board~ %he following resolution was adopted: WHEREAS, the Virginia Chapter of the American Planning Association has honored Chesterfield County with its Meritorious PEofessionai Planning Award for the Route 360 corridor Plan; and WHEREAS, the Association stated that the PlaD was ~e0gnized for it~ "Integration of market feasibility design standards to strengthen the sustainability and market appeal of the ~uburba~ ¢c~%m~nity that makes up Route Z6Q"; and W~ER~AS, The ~onorable Harry G. Daniel and The Honorable Russell J. Gulley and ~. Kelly Miller, Planning commission members, provided visionary and effective l~ership in the development of ~he Plan; and ~=AS, business lea~ers, civic laad~r~, property ownar~, and citizens Joined together to actively participate ~S, many citizens helped ~haDe ~e Plan and the f01]owing permons were a~pecially involved and critical to the ~uccems of the Plan: ~s. Helen Bail~y, Mr. Alan Barnem, Mr. Ken Blalock, Mr. Charl~m Cok~, Mr. Dick Collimr, ~. ~ike Mr. ~aul Gra=ewicz, MS. Nayota G~i~r~ ~. Jim Regimbui, John Si~be~t, Mr. Bill Walton, and Mr. Dick ~it~; and potential; an~ ~EREAM~ special design standards were adopted which will reslden%ial neighborhoods and bumlnems areas mhd will a special fuuum an~ immge for the entire oo~unity, NOW, TKE~FORE BE IT RESOLVED~ that the Chmsterfield County Board of Supe~imors hereby acclaims the ~igh quality work of th~ 360 Corridor civic an~ business leaders and Corridor Plan~ ~ BE IT F~ER RESOLVED, ~at t~e Board publicly ~al~ty profe~mional, work and ~ec~ipt of th~ Meritoriou~ ~rofe~iona! ~lanning Award from the virginia Chapter of the ~erican Planning Association. ~sent: ~r. ~arb~r. ~z. Daniel expresse~ apprmcia~ion to each of ~he participants for their dedicated efforts in d~veloping the Plan and state~' this is a ~r~mendous honor for Chesterfield Coun~y. ~. Warren ~xpr~sed a~Drmciation to the paTti~ipan~s for their hard work and stated development cf the Plan is a good %he Board of $upervisor~, co~unlty a~oclatio~$, and bu~ines~ Density. He stated the Board is proud of the success of the Plan and look f~rward t0 it~ implementation. 96~372 Mr. Daniel and Mr. Warren pre,eared the executed resolutie~ to Mr. Kolly, Ks. Bailey, Mr. Barnes, Mr. ~lalock, Collier, ~r. Cressy, Mr. Grasewicz, Ms. Susler, Mr. Regimbal, Mr. slehert, Mr. Walton, and Mr. Whi~e. Mr, Alan Barrio axpresoed a~proeiaflen, on bshsl~ participants, to }Ir. Daniel, Mr. Warren, ~r. Gulley, and Mr. Miller, for the recognition fo~ their foresight and vision of thm Plan. Mr. Barber returned to the meeting. aP OHE~TERPIE~D. 19~8. A~ ~ENDED. ~Y ~DING CONDITIONS OF WEEDRr SHRUBBERYr TREEB ~N_D OTHER VE~ETATXON ~ENB~ALLY }tO. Jeffrey Mi~cks, Assistant County Attorney, stated this date and time has been advertised for a public hearing to oon~ider an ordinanae r~lating to unlawful conditlon~ of weeds, shrubbery, trees and other YegetaCion generally. Mr. George Beadles stated he feels the Board should not adoDt the propo~d ordinanco at this ti~e and that the criminal There being ~o one else to address this 0~dinance, the pnbl~ hearing was closed. On motlun e~ ~r. McHale, ssusnded by ~rs. Humphrey, the Board edop~ed the following ordinance: AN ORDINANCE TO AMEND THE CODE OF T~E COUNTY DF CHESTERFIELD. 197~, A~ AMENDED, B~ AMh/~DI~G AND REENACTING SECTION 10-19.1 RELATING TO UNLAWFUL CONDITIONS DF NEEDS, SHRUBBERY, TREES AND OTHER VEGETATION GENERALLY BE IT ORDAINED by the Board of ~upervisors of Che~torfield County: (1) That ~eetion 10-19.1 of the Code of the County of Chesterfield, 197R, as amended, ~ amended and reenacted to Sec. 10-19.1. Unlawful ~ondit~ono of~w~d~ra~, sh~bbel-v. t~ees, and other veqetatlon generally. (a) (1) It shell be ~nlawful for the owner of any vacant which b~ildings or other improvements are located, within the boundaries of blabbed subdivisions or any other areas zoned for residential, business, co~ercial or industrial u~e in th~ county ~o pe~it to ~e~ai~ thereon, any grass~ weeds, brush or ether uncontrolled vegetation in excess of eighteen (18) inches in height. (2) It s~all I~l~c~er be unlawful ~sr the owner of any lot Or parcel of land to permit to grow er remain thereon any hedge, s~b, t~se or ut--her ve~statlsn, the limbs, breaches or other putts of which overhang, extend or protrude into any street, sidewalk or public alloy in a manner which obstrusts or impedes the safe and orderly movement of persons or vehicles thereon, er in ~he ease of trace, when th~ d~a~ li~6b~ or branches thereof are likely to fall into or across such street or sidewalk, thereby endangering ~uch pero0n~ end vehi01~s. 6/12/96 (3) Upon remedying any such unlawful condition, the owner shall dispose of such vegetation in such a manner as to el£nlnate any ~otentlal fire hazard. (b) Whenever the ceunt¥ admini~trator~ o~ the official designated by him, has determined by reports, inspections otherwise, that any such unlawful condition in fact mxists, he shall notify the owner of the land upon whioh the violation exists to cut or cause to be cut the grass, weeds, brush or other uncontrolled vegetation within such reasonable time as is specified in the notice. Such notice shall be in w~iting, ~hall he delivered by hand or mailed tc hhe last known address of the owner and shall be complied with by such owner. If such g~5~s, weeds, brush or oth~r uscontrclled vegetarian are not cut within the required time~ the county official designated by the county administrator shall cause them to be cut and the cosec and exDsnses thereof, including an administrative handling charge of thirty-five dollars ($)5.00), shall be billed to ~he property ewner and if not paid shall be added to and collected in the sa~e manner as the real estate tax on such 9roperty. T~e coun=y administrator or his designee shall certify the costs and expenses to the treasurer county, w~o shall ¢ollec~ aush ameunt; and if such amount shall remain unpaid for a period of sixty (~0) days, then the treasurer cf the county ~hali certify ~ueh cha~ges as b~ing unpaid to the clerk of the circuit court of the county, W~O shall maintain a record book of such delinquent comt~ and expenses on file in th~ records of the clerk's office. Every charge authorized by this section as a ~euult of a violation of paragraph (a)(~) with which the owner and lien helder of any ouch property shall have been assessed end which ~emains Unpaid =hall conctitute a lien against ~ueh proper~y ranking on a parity with liens for unpaid local taxes and shall be of Chapter ~9 of Title 58.1 of the Code Of Virginia, as (c) Any owner who violates sec. 10-19.1 (a)(1) shall be 9~/ilty of a Clas~ 4 misdemeanor. That this ordinanc~ shall become immediately upon adoDtion. Vote: Unanimous TO D~O~E~ ~D~DS ~ ~EOUIR~T8 ~. W~lkiam Peele, Assistant Director of Plan~ing, stated this date and tim~ ha~ been advertised for a Dublio hearing consider an ordinance relating to modifications to ~. George Be~dle~ ~ated h~ feels if a development standard in ~lace everyon~ ~ho~ld have to comply with Ther~ being no one else ~o address this ordinance, the public hearing wa~ closed. 96-374 adopted the following s~dinance~ chesterfield County: (1) That section 21.1-12.1 of tho Code of the Sec. 21.1-12.1. Planning commission may orant modifications to (a) Except for those d~v~lopment standards or requirements whish must be mcdifisd by the ~rantlng of a variance, a conditional use or a rezoning, the planning commission may grant modifications, with or without conditions, to development standards or requirements specified in this chap=er. The planning sommission shall fir a r6asonable =i~e forths hearing of an application under this section and decide 'the same within sixty (60) days. (b) No modification to s devele~n~n~ standard or requirement shall be authorized by the planning co~unission unless it considers and ~etermine~ substantial compliance with shallowness~ size or shape of thc specific reason of exceptional topographic conditions er other exceptional ~ituation or condition application of the terms of this chapter would effectively prohibit or unreasonably restrict th~ u~e of th~ property. (2) The granting of such modification will alleviate a clearly demenetrable hard~hip am distinguished from a special privilege or generally by o~her prspar~ie~ in =ne =amc ~oning district and the same vicinity. (3) Th= modification will not be injurious to thc use and enje~rment of adjacent property ewners; will net diminish or impair property values within the neighborhood; will not shange the character of the district; and will not be detrimental to or endanger th~ ~ublic health, safety, or general welfare. (4) The condition or situation of t~e property concerned or the intended ~se of ~e pro~erty to mak~ r~a$onmbly prao=ioable ~e formulation Th~ ~an~ing of such modification will allow the project to comply with the adopted COmpreh~nsiv~ Plan. 96-~75 (c) In authorizing a modification, the planning commission may impose conditions regarding the location, character and othe~ f~ature~ of thm proposed structure or u~ as it may deem necessary to tbs public interest; and it may regui~e a guarantee or bond to remain in effect until compliance with such c0ndi~iens has been met. (d) The planning commission shall not grant more than mlnimu~ necessary modification to the appropriate development s%andar~ or repuirsmsnt to resolve the hardship. Th= planning co~i~sion shall not grant a permanent modification to a standard er requirement if a te~p0ra~ modification will suffice. A t~mporary modification may be granted if =he planning commission determines that permanent ~o~pliance will b~ obtained in a future phase of development. (e) The planning c0~mi~ion shall not grant a modification to any development standard or requirement if: (1) The granting of the modification will constitute the granting of a variancs~ special exception~ CO~ditiunal u~e or a reaching. O~dinar~ financial consid~ratlons are the ~rlnclpal reason for t~e r~quested modification. (3} The modification amend~ a property-specific condition impo~ed by the board of SUpervisors or the board of zoning appeals unless such condition specifically grants much aodification authorit~ to tbs planning cor~mission. (4} The applioan~ created the condition or situation generating the need for the modification and the applicant has not exhausted all cthe~ practicable sclutionm to the problem, including but not limited to the acquisition of additional property, the elimination or redesign of structures, or the reduction of development density. (f] In the event the applicant disagrees with the final decision of the planning commission, he may file s written appeal with the circuit court within sixty (60) days of that decision. Tn addition, adjaoen~ proper~y owners may appeal the final decision of the planning do~misuion by filing a written appeal with the circuit court'within'sixty .(60)- ~ays,of the= decision. Adjacent p~oDe~ty owners? appemlm shall be limited CO ¢onditionm whish directly affect the property ownsrs and include access, ~tility locations, buffers, conditions of zoning, architectural treatmsnt, and land use transitions. The court shall fix a reasonable time for hearing of the appeal. During this perio~ the ~irs:=sr of planning shall not approve any applicable ~ite plan, building per~it or record plat. (2] This ordinance ~hall b~eome effective i~mediately upon adoption. ¥ots: Unanim0u~ 96-37~ TO CONEIDEB A~ AMENDMENT TO THB F¥95-96 BUDGET TO TRANSPORTATION REIMBURGEMENTE FOR T~E ~A~MELE¥ BOULEV~RDINE~BY~S BRIDGE ROAD INTERSECTION PR~ECT Mr. sttth s~ateQ this date and ti~s ha~ been advertised for a public hearing to consider an amendment to the TY95-9~ Budget to appropriate $56~,000 in virginia Department cf Transportation reimbursements for the Walmsley Boulevard/ Newby'e Bridge Road Inter~ection Project. Mr. George Beadle~ ~ta~ed that he ~upport~ the improvements to Newby~ Bridge Road and hopes all sections of Newby~s B~idge Rca~ will come forward in =he future for repair. There bein~ no one else to address this issue, the public hearing was closed. On motion of ~r. Warren, seconded by Mr. Daniel, the Board appropriated Ss6o~o00 in anticipa%ad virginia Department of Transportation reimbursements for the Walmslay Boulevard! Administrator to enter into a Virginia Department of Transportation/coun%y d~sign/right-of-way acqeisition~ construction agreement, acceptable to the County ~ttorney, for "the Project; and authorized staff to acquire right-of-way for the project by conde~L~ation~ if neceE~ary. Vote: Unanimou~ 15.D. TO CONSIDER;~NGRDIN~N~E TO.MEND T~E ~OSB OP THE COUNTY OF CKESTEBFiELDo X978, AB ~/~END~D, BY ~/~ENDING ~ND ADDING SECTION 7.1-~ RELATING TO PRECINCT BOUND~i~IEE~/~D POLLIN~ PL~eES Mr. Minoks state~ ~hi~ date and ti~ has haan advar~i~e~ for a public hearing ~o consider an ordinance relating to precinct of four new polling plaoes and the relocation of two previous F~. Warren has requested that the change in the Clover Hill repasted that the Roblous precinct polling place not be moved d~sire of ~ ~oard, those changes would be deleted from ~e ~honld be located at County libraries and requested the Board li~a~. There being no on~ ~l~e to addrems this ordinance, the public hearing was ~los~d. ~. Warren stated hi~ 9u~o~e of deferring the polling 91ace ohan~e in t~e C10ve~ Hill District iu to ullow mcr= involvement from the co.unity and t~at ~e will be huldlng a co=unity Mr. Barber sba%ed he hu~ spoken wi~ Mr. ~a~ and he aqre~d to ensure conven~emc~ of County voters. 95-377 Mr. McHale stated he feels the timing is appropriate for the polling pre,inch changes and that he supports the recommendation of staff. Hrs. Eumphrey stated she feels the Dee~ Run precinct polling place needs to be moved and supports the roco~endation of staff for the change in the Deer Run precinct. She further mtated Wint~rpock is one oft he largest precincts iht he County and that she oupperts Alberta Smith ~lementary School as a polling precinct. l(x. Daniel stated the mc%ion would be approving the polling precinct changes for Bermuda and Matoaca Districts and would defer the polling precinct changes for Clover Rill and ~idlothian Diztrict~, wit~ the exception of the mtreet changes which would remain incorporated in the ordinance. On me,ion of Mr. Warren, seoonde~ by ~r. Barber~ the Board adopted the fOllOWing ordinance: AN ORDINANCE TO ~2K~ND T~ ~.OF THE COUNTY DF CHESTERFIELD, 197S, AS ~ENDED, BY A~ENDINS PRECINCT BOUNDARIES AND POLLING PLACES BE IT ORDAINED by the Boa~d of Supervisors of Chesterfiel~ County: (1) That Suction 7.~ of the Code of the County o~ Chesterfield, 1978~ as amended, is amended und reenacted to read a= follow~: ~ec. 7.1-~. ~recinct bo=ndariee and Dollin~ ~laces. The follewlng shall be th~ precinct boundaries and pollin~ places for magisterial districts i~ the county: BERMUDA MAGISTERIAL DISTRICT EcOff Voting Precinct: Commencing at the point wh~re the center line of Iron Bridge Road (state Reu~e 10} i~ter~e~ts the osn~ar line of Chalkley Road (State Route 63~}; thenc~ northwardly alon~ tho llne of Chalkley Road (~ate Rout~ 632) to its inter~ec~ion with Centralia Road (State Route 145; continuing.as 717); thence eastwardly along the center line of centralia Road (State Route 145, continuing as Stat~ Route 717) to its intersec=~on wi=R Old Ce~ralia Road (state Route 609); thence soethWardly along the center line of 01~ Centralia Road (State Routs 609} to its i~er~eotion wits West H~dred Road (State Route 10); thence westwardly along the center line c~ 5undrad Road (State Route 10) to its intersection with ~arrowg~t$ Road (State Route 144); thence northwardly along the center line of Narrowgate Road (State Route 14a) to its intersection with Happy ~ill Road (Stale ~oute 619}; thence westwardly along the center line of Happy Rill Rued (Stute Route 619) to its intersection with Branders-~r~dge~Roa~(State Route 625); thence northwestwardly along the Center line of Branders Brldg~ Road (State Route ~2~) to its inter~eotion wi~h Iron srid~e Road (state Route 10)~ thence wcstwardty along the center line o~ Iron sridge Road (state Route lQ) to its intersection wit~ Chalkley Road (State Route 632), the point and place of beginning. The voting place Sot =calf Voting ~rasinot mhatl be Eooff Elementary ~chool, ~200 Ecoff Avenue. 96-378 61~196 Dutch Gap Voting Preslnct: c~mmen~ing at the point where the oetts~ line of Proctcr'~ Creek intersects the boundary line between Henrico County and Chesterfield Ccunty~ thence alotg said Boundary line as it meandarg eastwardly with the Jame~ River to its intersection with U.S. Interstate 295; thence seuthwardly along ~he center li~e Of U.S. IRterstate ~9~ to ~t~ ~ntersectlon with Enon center line of Rnon Church Road [~tat~ Route 7~) to its ~ntersection with the Seaboard Air Line Railroad right-of-way; thence northwardly and w~$twa~dly along the Renter line of ~ald right-of-way to its intersection with the Seaboard Coast Line Railroad rlgh%-of-way; thence wwstwardly ~long the center line of this right-of-way to its intersection with Ramblewood Drive (~tate Route 617); thence southeastwardly along the center llne of Ra~blewood Drive (State Route 617] to its intersection wit~ Rebel Ridg~ Road ($tat~ Route 1093)~ thence westwardly along tbs center line of Rebel Ridge Road (State Route 1093} to its intersection with walthall Driv~ (~ta~e ~oute I090); thence southwardly along Walthall Drive (State Route 10~0) to its intermectioe with Ruffle Mill Road ($~ate Route 746); thence southeastwardly along the seater line of Raffia Mill Road along the center line of A~hton Creek a~ it meander~ westwardly to it~ intersection with ~.~. Inter~tate 95 (Richmond-Petersburg Turnpike); thence northwardly along the centez line e~ U.S. Interstate 95 (Richmond-Petersburg Turnpike} to its intersection with Proctor's Creek; thence eastwardly along the center line of ?reefer's Cree~ ~o it intersection with the boundary line between ~enrico County und chesterfield county, the point and place of beginning. The votin~ DSacs for Dutch GaD Voting D~ecinct shall Margaurite Christian Elementary School, 1A801 Woods Edge Road. Iron Bridge Voting Precinct: Conu~encing at the point where the center line cf Iron Brldg~ Road (State Route 10) intersects ~s center line center lite of Centralia Road (State Route 145) to its inter,action with Chalkley Road (State Route 632); ~ence southwardly along the cant~r line of Chalktey Road (State Rou~ 65~) to it~ inter~ection with Iron ~ridge Road (State Route 10); thence we~twardly and northwardly alonq the center line of Iron Bridge Read (State Route 10) to i~s inter-action with C~ntralia Read (State Route 1~5)~ th~ point and pla~e The voting plac~ for Iron Brid~ Voting ~r~cinct shall Ca,var Middle School, 12400 Branders Bridge Road. o o o DISTRICT o o o winterpock voting Precinct: Co~enci~g at the point where the center line of U.S. Route 360 (~=11 Street Road) intersects th~ boutdary line between Chesterfield County and Amelia County as said line follows the A~Domattox River ~n a southeast~a~dly direction to its intersection with the western line of Rooning Creek as flooded by Lake Cho~din; thence northwardly along the western line of Nooning Creek and then along the center line of Nconlng Creek; ~Benco continuing no:thward]y lo~vin~ Nooning Cree~ to the southern terminus of Second Branch Road (State Rou~e 655); ~hencc northwardly alon~ ~he center line cz second Branch Road (State Route 653) to its intersection with ~eaoh Road (State Route 655); thone~ westwardly along t~e center lin~ of Beach Road (State Rout~ 6~$) to its intersection wihh Baldwin Cre~k Road (State Routs 730); thence northwardly along the center intersection wi~h U.S. Routs ~60 (~11 Street Road); thence we~twardiy along the center linc of U.S. Routs 360 (Hull street Road) to its intersection with the boundary line between Chesterfiel~ County and Amelia County, the point and place Of beginning. The voting place for Winte~pock voting Precinct shell be Bothia sailey Bridge voting Precinct: Commencing ~t the point whore the center line of swift Creek oouthwestwardly along the center line of Bailey Bridg~ Road (stere Route 654) to itm intersection with Spring Run Read (State Routs 65~); thence eastwardly along the center line of Spring Run Road (State Route 6S4) to its intersection with Nen~l~y R~ad (state Route 659); thence mouthw~stwardly elong the center lido of Hensley Road (~tate Routs 6S9) to its interseotlon with Beach Road (State Route 655); thence eastwardly along the center llne cf Beach Road (State Route 655) to its intersection with Quells Road (Stat~ Ro~t~ 653); thence northeastwardly along %he cmn=er iin~ cf Quells Road (State Ronto 653) to its intersection with Swift Creek; thence following Swift Creek as it meanders in a weetwardly direction to its intersection with Bailey Bridge Road (State Route 654) the point and place of beginning. The voting place for Bailey ~ridse voting Precinct shall be Bailey Bridge Middle School, 12E01 Bailey Bridg~ Road. D~er RUn Votin9 Precinct: Commencing ut the point where the centerline of Baldwin Creek Road (State Route 730) intermeots the center line of Route 360 (Hull Street Road); thence ~amtwardly along the center line o~ u.s. Rou~e 3~0 (Hull street Road) to itm intersection with swift Cre~k; thence $cuthwardly along the center line c~ swift Cro~k %0 igs intersection with Spring Run CD~eE; thence along thm center line of Spring Run Creek as meanders so~thwardly to its intersection with North Spring Run R~ad (State Route 654); thence eastwardly along the cco~er line of North spring Run (State Route 654) to its interoocticn with Spring Run Road (State Route 562); thence eastwardly along the center line of Spring Run Road (state Route 662) to its intersection with Hensley Road (State Route' 659')';' themce zcuthwe~twardly along the center line of Hensley Road (State Route 659) to it= intersection with Beach Road (state Route 655}; thence westwardly along t~e oente~ linc of Heuch Road (State Route 65~) to its intersection with Baldwin creek Road (State Route 730); thence northwardly along the center line of Baldwin Cre~k Read (s~ate Route 730) to its intersection with U.S. Route 360 (Hull Street Reed), the point and place of beginning. 96-$80 The voting place for Deer Run voting Precinct shall be Clover ~ill ~ibrary, 670~ Deer R~n Dr~v~. Spring Run Voting Precinct: Commencing ut the point where thc cent=r line of Sprinq Run creek intersects Swift Creek; thence eastwardly along the center line of Swift Creek to its intersection with Bailey Bridge Road (state Route 654}: thence southwardly along the center line of Bailey Bridge Road I~tata Route ~54) to its intersection wi~h sp~ing Run Road (State Route 654): ~hence northwe~twardly along the center line of Spring Run Rcad (State Route 654) te its intersection with North SDring Run Roa~ (Rtat~ Rout~ 6S~); thence northwardly along the center line of North Spring Run Road (State Routs 662) to i~s intersection with Spring Run Creek; thence northeastwardly along the center line of said creek to its intersection with Swift C~eek, the point and place of beginning. The voting place for Spring Run voting Precinct shall be Alberta smith Elementary school~ 132Q0 ~siley ~ridge Road. HIDLDTHIkN ~4A~ISTERIAL DISTRICT Co--eating at the point where the center lin~ of ~alisbury Road (-~tate Route 902) intersects th~ center llne of Rcbieus Read (Stat~ Rout~ g~); th~nc~ in a northw~twardly direction for approximately 1~ 015 feet to an intersection with ~h~ t~rminus of Gray Oaks Lane; thence northwestwardly along the center line of Gray Oaks Lane to its intersection with Powderh~ Lane~ th~no~ along the center line of Powderham Lane to i%~ ~erminu~; thence continuing in a straight line for approximately 90 feet to an intersection with Twin Team Lane; thence along the center line of ~in Te~ Lane to its terminus; thence continuing in a interme~tion with Robiou~ Read (State Route 711); thence nor~wes~wardly along the center line of Robious Road R~ute 711) to its intersection with the boundary line between chesterfield county and Powha%an coon%y; %hence along such boundary line to itu intersection With tho bounda~ line between ches=erfield coun=y and ~enrico County; thence eastwardly along such boundary line to its intersection wit~ the boundary line between Chesterfield County and the City of Richmond; thence southwardly along such boundary line to 8~5); thence no~eastwardly along the center line of Big Oak Lane (State Route Sl~) to its in=~rsection wi=h Castlestone with Castle Hill Road (State Route 40Sl); northwestwardly along the canter line of Castle Hill Road (state Route 4081) to it~ intersection wit~ Robiou~ Driv$ (State ~oute ~3=)~ thence sou~wardly along ~e cen~er line of Robious crossinq D~ive (state Route 83Z) to itu interseotion with ~olo Parkway; thence southwardly along the cente~ li~e of Polo Parkway to its intersection with Robious l~ne of Robious Road (State Route 711) to its intersection wi~ beq~ing. The voting place for Robious Votin~ ~recinot shall be Roblous Elementary schscl, 2801 Robious Crossing Drive. (Z) That this o~dinanoe shall .become effective i~ediately upon adoption. Vote: Unanimous 1S.E. ~O_~ONSID~R AN ORDINaNCE TO~f3TEE CODE OF THE ~r. Jacobson stated this date and tlm~ h~ been advertised for agriQultural di~tric~ red,red conditions. He noted the Planning Cotillion held ~ public hearing on the ordinance and Di~t~ict which would benefit from adoption of the There being no one s]se to address this ordlnan~, the p~blic On mo%ion of Mrs. H~Dhrey, seconded by Mr. Ba~be~, th~ Che~terfi~l~ County: ~at ~ction 21.1-129 of =hs Code ~f.~he County read ag follows: District. District. (b) Front Ya~dz ~ach lot uhall hgve a front yard havln~ a depth of not less than cna hundred fifty (150) feet. (d) Corner Side Yard: game a~ specified for R-SS District. (e) Rear Yard: S~ as speGified for R-8~ District. (f) Required Lot Ar$~; gash primary structure, t~a~har with lot having an area of not less than forty-thr== thousand five h~dred sixty (43,560) s~are feet and a width of Rot leus than one h~dred fifty (~0) f~et. (g) ~xe~tions: (i) The requlr~ents of ~is SesSion shall not apply to any lot of ~eoo~d C~euted prior to May ~6, 19~8. Lots of eec=ion ~l.l-7o, except that each lot ~hall have a £ro~t yard having a depth of not less than cue hundred (10D} feet. {ii) The front~ oide~ corner and tsar yard requirements of this section shall not apply when n variance ham been granted authorizing a dwelling on a lot without public road frontage or when the exi~tlng dwelling was constructed on a lot without public road frontage prior to the April 28, 1976 rs~uirement for public road frontage. Lots exempted by this sub~ction shall comply with the front, side, corner and roar yard requirements of section 21.1-70. (iii) Any addition to a primary structure shall be set back from the ultimate right of way at least the same distance as the primary structur~ ur the required front yard setback whichever ie lees. In the event that tho primary structure is sat back less than forty feet from the ultimata right of way, then the addition shall be required to bo set back at least forty (40) feet from the ultimate right of way. (2) That this ordinance shall become effectivs i~edia=oly upon adoption. Vote: Unanlm~us ~DMINI~T~TIV~ V~RIAN~E~ Hr, ~acobson s=ated thio date and time has been advertioed for a public hearing to consider an ordinacne relating to administrative variances. He stated the advantage of the ordinanc~ is a customer service =dvantage as it allows the Planning Department to approve variances in a much shorter Appeals procmss. He noted the Plannln~ Co~isslon and Board of Zoning Appeals support the ordinance. ~. George Beadles expressed concerns relative to the reduction O~ ~ases b~in9 hear~ by the Planning Go~iasfon an~ t~ Board of Zoning Appeals and stated that h~ feels there should be ty~e of l~mit plac~d on what oases can be approve~ by the Planning Director. ~ere being no one el~e to address this ordinance, the public Mr. Barber ~tated he s~pport$ the proposed ordinance and ~e ordinance allown for ~rv~ce %o Boar~ to a~op~ the following ordinance: AN ORDIN~CE TO ~D THE CODE OF THE CO~TY OF C~ST~FT~ 197~, ~S ~DED, DY ~DING RE~TING TO ADMINIST~TIVE Cmunty: (1} That Se=rich 21.1-15.1 of the Code of the Count~ of Chesterfield, 1978, as amended, is amended and reenacted (a) At the time an application is submitted, the applicant shall elect whether to eemk an administrative variance as sst £erth An section 21.1-14 of this chapter. If the applicant fails ts make such an election, his application will be processed under ~he procedurn net forth in thin section. (bi T~ director of planning may grant an administrative variance from any building setback requirement contained in thio chapter. No such administrative varianne 'shall be authorized by the d~reotor ef planning unless he makes the following finding~ in writing: (1) That the strict application of the (2) Thnt each hardship is not shared generally by other properties in the same zoning dis~ric~ and the name vicinity; and (3) That %h~ authorization o~ ~dministrativ~ variance will no~ be cf eub~nantial detriment to ad, meant property and that the chArActer of the ~oning will not be changed by the ~ranting of the administrative (c) Any application for an administrative variance described in t~is s~e~ion shall be made in accordance with the pro~isions of ~ection leant fourteen (14) days before acting on any application made pursuant to thi~ ~eetio~, pOSt on the land ar buildlng involved a nctiue sf the appl{~ation as follows: (1) The notice oholl he posted at reasonable intervals along streets abutting the subject p~Operty or, if (2) The validity of any action cn an application shall not be affected by the unauthorized removal (e) The director o£ planning or his aqent $~all send to adjacent property owners by registered, certified or first is mailed. The notice shall specify that t~e director of planning will approve o~ disapprove the application n~t than twenty-one (21) days after ~e date of notice. If written notice iE p~ovid=d by first class mail, the director of planning or his agent shall make affidavit the= su~hnotioe has been sent and shall file guch affidavit with thm'application~ (f) If any adjacent property owner obj$cte application, in writing, Drier to the date the director of planning ren~ers the decision on th~ application, the application shall be transferred to the board of zoning appeals for a decision. (g) The director of plan~ing shall approve or disapprove 6/12/96 96-384 twenty-one (~) daym after the date of notice of the application. (h) Any appeal of the final decision of the d~reetor cf planning on an application for an admlnlstretive variance shall bo ~ade to the board of ~onin~ appeals of the county ~ursuant to ~ ~%at ~ction ~l.l-~l of the Code cf.~he ~ountv of Chesterfield~ 1978, e~ emended, is amended end ~ee~aoted te re~d a~ follows: Section 21.1-~81. Deflni%ion~. For the ~urpeses of this chapter, the following word~ an4 ph~ase~ shall have the meanings respectively aocribed to them by this section: o 0 o variance, Administrative: k variance frsmany building setbask requirement which may be granted by ~he di~eeto~ cf plan~inq with the following re~tr~otfons: (i) the amount e~ the v~riaDee ~hall b~ lf~t~d to a ma~im~m of ten (10) f~et or fifty (5~) ps,cent of the required s~tback, whichever is greater, and (2) t. he director es planning must Sind in writieg ~ha~: a. the stric~ application s~ the ordinance requirement would produce undue hardship~ b. such hardship is not shared generally by othe~ prspemties in the same zoning district and the same vicinity; and e. the authorization of each variance will not ~e o£ substantial detriment to adjacent property~ and the character of the zoning district will nut ~e changed ~y the granting of (3) That this immediately upon adoption. vote: Unanimous o o o ordinance shall become effective ~..~..__,~,~ONSTD~R AN ORDINANCE ~RA~TIN~ PANTI~L R~L ~STATE RENOVATED RESIDENTIAL STRUCTURES ~. Miee~ ~tated thi~ date an~ tim~ h~ been adv~rti~e~ for a public hearing to consider an ordinance relating to the partial ~emption from real e~tate taxation of certain rehabilitated, renovated or replaced residential ~tructu~es. HQ fu~the~ sta~ed the exemption is only available for residential urea. Ne stmted th~ ordinance would apply to single and multi- I~mily residential s=rustures and provide a tax exemption for ho~e. Ke noted the program would end th~ year ~00I. Mr. Dodd stated he £eels adoption of the ordinance would enhance property valuem throughout the entire County. There being no one else to address this ordinance, the public hearing wee oloead. ~r. Daniel stated =hat the County has take~ positive step~ on other issues to enhan¢~ ~oonomic development and dev~loRmen% and that he feel~ the ordinance has general applicability and can be applied County-wide. He further stated he feels adoption of the ordinance will be good for the County at-large. On ~e~ian of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: A~ ORDINANC~ TO ~2~ENE T~E CODE OF THE COUNTY OF CHESTERFIELd, 1978, AS A~ND~, BY AM~NDIN~ ARTIC~ XIiI O~ CHAPTE~ ~ TO ADD A NEW SECTION 8-59.2 RELATING TO THE PARTIAL E×~M~TION FR0~ R~AL ~STATE TAXATION O~ C~TAIR REF2%BILITATED, R=~DVAT=D OR REPLACED RESIDeNTiAL STRUCTURES BE IT ORDAINED by the Board of ~upervisors of Chesterfield County: (1) Tkat ~ha Cc~e of the County of Chesterfield, 1978, as amended, is amended and reenacted by amending Article XIII of Chapter 8 end add~n~ a ~ew Seotion 8-59.2 as follows: chapter 8 FINANCE AND TAXATIO~ o o 0 ARTTCL~ ~TII: PARTIAL REAL ESTAT~ EX~TIONS FOR REHABILITATION OF ~ISTORIC LANDMARKS, FOR COMNERCIAL AND I~DUSTRIAL RF~AL ESTATE LOCATED WITHIN AN ENTERPRISE ZONE AND FOR CERTAIN REH~-BILITATED, RENOVATED OR R~PLkC~D RE~ID~rS~AL STRUCTURES Section ~-59.~. ~artial exemption for ce~tain renovated cr reuluced residential structurem. (a) A partial exemption from real estate taxe~ gr~nte4 to c~ztain residential property which ~ualifie~ under the criteria li~ted in subsection (b) For real property to qualify for th~ partial exemption granted by this section, the ~ellowing criteria mu~t apply~ (1) The property mu~t b~ lawfully use~ for residential purposes. (2) T~ere must be a residential structure on the property no less than ~5 years of ag~ which has been r~habilitated, renovated or raplaeed; provided, however, that if the'rea~' estate'tax- percent (10%) lower than the assessment similar structures in the immediutu urea, as determined by th~ director of real estate aseessm~nt~ due to the physical condition of the gtruoturg, the sSructure may be 15 years or older in order to qualify under thi~ ~bseotlun. 96-386 (3) I~ the structure is a multi-fanily residential str~cture, th~ rehabilitation, renovation or replacement must not increase the total Square ~ootage of tbs ~t~uctu~e being rehabilitated, renovated or replaced by nora than thirty percent (30%). (4) ~he rehabilitation, renovation or replacement by more than fifteen percent (1~%) and must be complete. The rehabilitation, renovation or must be accomplished under appropriate building permits. (c) An owner of property which qualifier for a partial exemption under this sac=ion mhall apply to the director of real estate assessment to receive the partial exemption. The owner shall pay an application See oS fifty dollars ($~0.00) for each application. (d) If the director of real estate assessment determines that the preperty for which an application has been filed qualifi~m for the partial exemption under this section, or replacement. Thlm eMempt~an shall become effective on d{rector of ~eel e~tate assessment and ~hatl run with the real (2) That the effective date of thim ordinance shall be July 1, 199~. That this ordinance shall be effective from July application for partial ~xemption under this ordinance shall be 30, 2001. Vote: Unanimeus Mr, Micas stated this date and time has been advertised to consider an ordinance relating to a grant program for shrink- swell soil assistance. ~s further stated tbs grant would apply stated the homeowner receives a grant equal to one perce~t of the repair cost paid by the homeowner to repair home foundations and the grant amount would ~e paid for eight a five year sunset and would be subject to annual appropriations. ordinance goes far enough and that the soard has the authority and means ~o further assist nomeowne~ w~e have experienced shrink/swell soil damage. 95-387 ~LT. George Beadles stated hs feels adoption of thi~ oxdinance would set a precedence for other hemeowners in the County extending public water and sewer into County subdivisions, There Being no one else to address thi~ ordlnanee, the public hearing was closed. str,ngth~n the entire County and that he feels the ordinance is communimatln~ that the Board i~ now willing to use County resources to assist citizens. He further stated ha will on this issu8 and that he feels adoption of the proposed ordinance would bsa ~tep in the right direction. Men a~ked, ~r. ~XCas stated that, under the proposed erd~nanca just adopted by the Board relating to the partial exemption tax a~at~ent. Ms stated the proposed ordinance at thi~ time yearm old. Mr. McHale stated that he unders~an4s the intent of the to the partial exemptium for res1 estate taxation of certain the Board did net permit homeowners who had previously ~ade receiving a retroactiv~ ta~ abatement and cannot Support adoption OS 2he proposed ordinance. ~r. Daniel aaa=ed there is a window of opportunity for funds to r~ctify this difficult situation and that he feels issue until all county legal issues rela~ing to c~rinR/cwell She stated she would lika to m~et with shrink/swell coil individuals, exparlencln~ mhrink/swell damaged, that have ~ont~cted her. Nra. Humphrey then made a motion for the Board to table oonsideration of adoption of an ordinancu to relating to a grant program for shrink-swell soil assistance'." There was brief discussion relating to tabling oonsid~ratiun o~ 96-388 Mrs. Humphrey withdrew her original motion. F~r~. Humphrey then made a substitute motion to defer ccnslderaticn of an ordinance relating to a grant program for shrink-~well soil a~istance until ~eptember 12, 1996. Mr. Barber seconded the substitute motion. Mr. Warren encouraged those that have issues to be discussed with M~s. Hump~ey to de so out of respect for a member of the Board who has extended a hand of friendship. He stated he hopes t/~e Board can come together on this important issue and ~ha% he ~upport~ the ~ubstitute motion. Mr- Daniel called for the vote on the motion made by M~. Humphrey, seconded by Mr. Barber, the Buard deferred ~hrink-~well ~oil a~i~tance until Septe~er ~2, 1996. Vo~: Unanimous 96~N6~ WILLIAi~8 requested a Mobile Hone Permit to park a mobile home in a R~i4ential (R-?) District. The density o£ this propo~aI ~s approximately 2.00 unlt~ per a~re. The Comprehensive Plan per ec~e. This property fronts the we~t line of Avenue, approximately eighteen (~$} feet northwest of Woodfin Drive, in the vicinity cf 9822 Quailoaks Avenue. Tax Map 81-16 (1~) Quail Oaks, Section 6, Resub. Lot 1 (Zheet race--ends approval for seven years, s~gect to standard oonditions. Ha stated ~e area naighburhuu4 has expressed concerns relative to =he re,es= n~gatively alfa=ting area applicant and the a~ea ~eighbo~hood was never reached a~d the ~s request will b~ located in an area d~slgnated by th~ JafZ~rsun Davis Corridor Plan for residential Mr. Geraldine Williams, ~eDre~enting t~a applicant, stared the reco~endation was acceptable. ~he requested the Board's to take v~ry g~od care of her property so as not to negatively ~. Joseph Walta, a resi~en~ o~ Qu~il oaks subdivision, value in th~ neighborhood i~ ~he reques= is approved. He ~nt~d into ~e record a petition of nine person~ oDDosi~ion to the ~. David ~orbin, chairman of =he Eoonomic Developmen= Co~itt~e for the Jefferson D~vis A~s~gi~tton, ~tmted ~he on the lot; that the lot has h~en unattended and he feels the M~. Beth Walta, President of ~ing 0ak~ Park Association, stated doubl~ wide trailer on the property; that the A~so~iation 95-389 of the applicant, however, area residents do not want a tr~ler in the area. She recognized approximately s~ven area re~fdent~ in opposition of the regaest, who were present at the meeting. There was brief discussion relative to the differences between When asked, Mr. Pools stated this request does n0t'~eet the standard for modular boozing end falls under the category of contacted Mr. Clay Walton, with the Real Estate Assessors office, who indicated he din not feel placing a deublewid~unit on the property would decrease area property values. a~pllsant ha~ worked diliqently wit~ area residents. He further stated that thoro is considerable co.cern b~ the J~ffnr~O~ Davis corridor Association regarding mobil~ bO~e~ currently located along ~h~ Jefferson Davis Corridor and that they feel adding new Mobile homes to the area would be a ~fep in the wrong direction. ~e further stated he feels there would be less concern by everyone if the ho~e could meet the modular housing criteria. He state~ the Boar~ has approved mobile home peri, its in the a~a, however, the majority ~re continuation of mobile hem~ permits and not siting a new unit on a new lot. ~r. ~sHals then made a motion, seconded by Mr. Daniel, for t~e Board to d~ny Cam~ 96SN0244. : M~. Daniel and Mr. ~c~al~. Absten=ion: Mr. Warren, M~, Barber, and ~rs. Humphrey. Note: vo=es of ~r. Warren, Mr. Barber! and Mrs. Humphrsy are On motion of Mr. ~c~ale, seconded by /dr. ~mphrey, the Board adjourned at 9:15 p.n. until June ~6, 1996 at 3:00 p.m. Vote: Unanimoun L~Fe B. Ramsay ~ County Administrat~ 9~-390