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11-12-1997 MinutesBOARD OF S5-PSRVI~OR~ Novenfoer 12, 1997 Mr. ~Lrthur S. Warren, ChalI~an Mrs. A~nny B. Humphrey, Vice Chrm. Mr. Kerry ~. Daniel Mr. g. L. McHale, III Mr. Lane B. Ramsay County Administrator Ehaf£ in Attendance~ Colonel Carl R. Baker, Police Department Mr. Craig ~ryant, Dir.~ Utilities Ms, Marilyn cole, A~. County Administrator Ms, ~ary Ann Curtin, Dir., Legislative Services Me. Faith L. Davis, Clerk to the Board MS. Beuky Dickson. Acting Dir.,Budge~and Management Building Official kegistrar Deputy CounLy Admin.~ County Ombudsman Dir., Purchasing Mr. Donald Kappel, Dir., Public Affairs Mr. Richard M. McElfish, Dir., Budge= & Management DeD~ty Cu. Admin.~ Dir., Libraries ~r. Warren called the regularly scheduled meeLing to order ~ %:OO p.m. Mr~ Warren then introduced ueveral students end their teacher ~r, Dereck Denbyfrom Dcun~hurp, ~nglsnd who are visiting Clover Hill Hi~h School and attend~n~ some classen. ~ w~lcQmud ~he students to ~ha CounUy. Mrs. Humphrey stated that the studente are political science ~tndents ~nd welcomed them to the meeting. Mr. Denby stated that it is a privilege tu be have been invited to attend the Board of $uper~zlsors meeting and thai theec students are studying American politics au part of their political assistance. 1. APPROVAL OF MI~qNTES On motion of Hr. McHale, seconded by Mr. Barber, the Board approved the minutes of October 22, 19~7. as submitted. vote: Unanimoue 1. COUNTY ADMINISTRATOR'S CONME~TS Mr. Ram~y intro~ace~ Mr. etith who introduced Hr. Jaucbson to brief the Board on the n~w Design Brochure from the Planning Department. Mr, Jacobsen displayed a copy of a D~sign Brochur~ recently produced by the Planning Department to illustxate th~ County's de~i~n philosophy through text and pictures of successful projeCt~_ He stated that the Brochure also highlights the eff~rt~ to maintain much of the environmental and rural character of the County. Ke further sta~e~ ~hat ~he brochure wes produced independently to be used with business, civic, and appreciation to the Board of Bup~rvi$ors fo~ their involvement in ~ha planning and design phases in the community. Mr. ~cHale offered a copy of the Design Brochure and copies o~ Mr. $~ith s~ted that the County's U~i!ities Department resently received an Environmental Protection AgenCy {EPA) National Pretreatmen% Program Excellence Award end then in~roduced Mr. C~ai~ Bryant. Mr. Bryant ~tat~d that the County r~ceived the ~PA ~tional Award for Oumstanding Pretrea%ment Program Management at the water Environment Federation Conference in Chicago in October, 19~7. ~e further stated that the awards were presented in five categorie~ based un the nun~er of dischargers regulated under ~he Pretrsatment Program. ~e further stated that the County the Utility Department has implemented an automated compliance monitoring eyszem to monitor information' received from the industrial diucharges which is also interfaced with the billing system. Ke recognized Ms. ~ha Sharma~ Ms. Jody Schurman~ Ms. Sandra Seb©lt~ and Mr. J~hn Waters from the Utilities staff and co~mended them ~cr their s~forts towards receiving this Award. Mr. Warren commended Mr. Bryant and the Utilities staff on their outstanding efforts and noted that Chesteriield County has ~he cleanest water in Central Virginia and the least expensive water among all jurisdic=ions in Central Virginia. 3. BOAP~D CO~ITTEE REPORTE the new Carver Middle School on October 26, 1997 and that many citizens at the dsdica=ioa expressed their appreciation ~or the ingenuity and the efforts cf the Board o~ Superviaors~ School Board, and County and School $t~£ t© b~ing ~hi~ ~=hool on line S~hooL has relieved crowdin~ at Thomas Dale ~igh School and is currently relieving crowding at Chester Middle School. Mr. Warren stated thst he is proud off the County's educational 4_ REQUESTS TO POSTPO~E~ ~CTZON, ~DDITION~, OR C~L%/~GE~ I~ THE added Item 5.B.~ Recognizing ~r. Robert C. Robb for Mi~ Service Month"; replaced Item 8.B., Streetlight Installation Cost Applesouth~ Incorporated .to Install Curb and Gutter and Plumbing end Fire Lines Within an Exist~n~ Sixteen Foot Sewer TO Consider Add, zion of a Concurrent Resolution and Articles dE incorporated Creating th~ Greater Richmond Convention Center Authority; added Item 8.C.12.d., Set Bate for Public Hearin~ to Con~ider an Ordinance to Amend th~ Code of the County o~ Chas~erfield~ 1~97~ as Amanded~ by Amendin~ Section 7.3 of the Ch~r~r to follow ~tem 8.C.12.c.; added I~um S.C.i~.c., Transfer of Dale Die,tic= Three Cen~ Road Funds to Purchase A~ociatio~ to follow Item 8.C.14.b.~ Transfer of B~uda DisZrict Three Cent Road Funds for Rental of a Canopy Ten5 a~ the Vuturanu Day C~remony at Bansley Park; added an Attachment ~u I~em 15.N., Public ~e=rlm~ ~ Consider an Ordin=nce ~o Amend Amendin~ and Reenactin~ Section~ 6-5, 9-31 and 9-64 Relatin~ to Enterprise Zones; and deleted Item 8.C.3.c., Award of Contrmct to The D~sign Collaborantv~ for Design of the New LaPra~e Branch Library and Transfer of Funds and, adopted the Agenda, as amended, Vote: Unanimous 5. RESOLUTIONS P-ND SPECIAL R~CO~NITIONS 5.A. RECOG"~IZING NOVEMBER, 1997 AS "NATIONAL ADOPTIO~ Ms. ~nea~ in=roducad Ms, Virginia Reid who was present to receive the reeolution. Ms. Refe in~roduced Hrs. Carol We~ne end Mrs. Dana Gay~ adoptive famili~ who w~ra presen~ at nhe meeting. On mo~ion of the Board, nhe followin~ resolution was adopted: ~Z~EAS, our society depend~ upon f~mily lif~ =o prepare ~u provide sa~e and secure homes fo~ their children; and ~E~, Ado~iv~ Familie~ ~r~vide a ~rmanent commitment ~o children, our community, and fu~ur~ gensza~ionz by providing love~ ~idanc~, and a positive environment for children whose bir~h par~n~s canno~ care ~or ~hem; and ~RE~, November is "Nazi0nal ~option Awareness Month"; and 96-722 ~SKEA$, the citizens of Chesterfield County wish to acknowledge and support the commitmen% of our Adoptive Families ~o children in our community. NOW, THEREFORE BE IT RESOLVED, that tko Chesterfield County ~oard of ~upervisor~ publicly recognizes ~ovsmbar~ Z9~7 aa ~'National Adoption Awareness Month", recognizes the services of all kdoptive Families in Chesterfield County~ and calls this recognition to the attention of all citizens. Vote: Unanimous sccompanied by Mrs. Wayne an~ He. Gay, expressed appreciation for their efforts towardg the edoption of children in our community. 5.~, RECOGNIZIN~MR. ~OB~RT C, ~O~B FOK HIE SERVICE AS RICHMOND CITY ~[Ai~AGER Hr. Rem~ey introduced Hr. Robert C. Aobh wh~ w~ p~$~u~ ' receive the WH~R~A$~ Mr. Robert C. Rcbb came to Richmond to serve as City Manager in 19~; and W~EREAS~ Mr. Bobb~s car~e~ includes over twenty years ~f service in tko public sector ~ncluding City ~anager positions in ~alam~zoo, Michigan; Santa Asa, California; and Richmond~ Virginia; and WH~A$~ Mr. Bobb has distinguished himself by his contributions to government management~ particularly in p~blic finance, ~oonomic development, and public safety and received numerous awards ~eoogniz~n~ his outstanding contributions including being named MQS~ Valuable Public Official by C~Ey & State Magazine; and WHEREAS, durin~ Mr. Bobb's tenure in Richmond, he betterment of the State and re,ion; and WHEREAS~ Mr. Bobb has assisted in developing mutually rewarding relation~hlps b~tween the City of Richmond and Chesterfield County in an effort to further regional cooperation and advance the grsa~er ~ichmond area; and W~EREAS, Chesterfield County residents have benefited Mr. Bobb's ~f~orts in ~he areas of crime p~eventio~. Cultural prese~ation, th~ environment, the Jrt~, ~ cultural diversity and civil righ~s~ and WHEREAS, Mr. Bobb has always op~nad his door to CheSterfield County lea~ors who represent the ~0,000 fo~ ~h~ re, ica inc!udin~ Chesterfield County. MOW, T~EESFOKE ~E IT RESOLVED, ~ha~ ~h~ Chesterfield County Board o~ SupervisOrS publicly r~copnizes Mr. Robert C. ~obb, ~on~r~tulat~s him o~ his success as City Manage/ of R~chmond, expresses appreciation t0 him for hi~ efforts, on behalf of Chesterfield County and its ciZizenu~ and extend~ best wi~hes for success~ health, and happinuos in his futur~ ~1/12/97 A~D, BE IT FURTHER P~E$OLVED, that a cody ef this resolution b~ presented to ~r. Bobb and th~%thi~ re~ulution be permanently recorded amens ~he papers of this board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous e~r~ssed appr~=ia~ion to him for his service as Richmond City Manager and for hi~ working relationship with Chesterfield County, and stated that the County will mis~ his services. Mr. Ramsey expressed appreciation to Mr. Bobb for hi~ eleven l~ad~r~hip contributed much to the 9ositive workin~ r~lationship of ~he Richmon~ metropolitan area. H~ wished ~r. Bobb much S~cceus in hie future endeavors. Mr. Bobb expressed appreciation fo~ the ~ecoqnition. He stated Richmond. He f~rthe~ stated that ha has been particularly pleased with the cooperation between th~ City of Richmond and chesterfiel~ county.. He oo~en~ed chesterfield ceunty Ad~i~i~t~atio~ fo~ it~ O~t~taRdi~ ~taff a~d ~cognized the County for i=~ ~u~li~y improvement effor=s. Nr. Daniel stated that when Mr. Sobb came to Richmond, he knew there would be a new vision and co~itment for excellence for WORK SRSBIONS ~r. Ramsey stated the= the proposed 1998 Legislative Program has slightly changed this year to highlight some categories that reflect goals from the County*s Strategic Plan. He then introduced MS. Curtin~ Mm. C~rtin recognizsd ~s. Christine Davis, ~. Jenny Vitho~lkas, with Davis Consult~nt~, along with Mr~ Charlie Davis, who was unable to attend the meeting, and Mr. Wendell Robert~, with the County's Attorney~ Office, members of the legislative team for the upcoming General Assembly session. She then presented an ove1'view of the i998 Legislative Program ~rierity Items including protection of the ~urrent oash proffer authority~ amending the Cede of virginia to re~uire the state tax department to remit sales takes derived from catalog, out- of-state, and home T.V. purchases ba~ on population percentage within a zip code; and enacting legislation requiring distribution of ~tate funds ~upporting regional training academie~ to all public ~afety training academie~ whioh provide, on a con=inual hasis, training ~o o=her localities and o~ga~izatio~. There was brief discussion relative to there being seme national movement to clarify the tax symtem as it relates to ~ore accurately collecting sales taxes on items ordered from catalogs on a national level and whether the item requiring the state tax department to remit sales taxes derived from catalog, out-of-state, and home TV purchases on population percentage within a zip cede, net affecting the issue of distribu=ien cf local sales taxes between the City of Ricb3~ond end Chesterfield County. Virginia to allow the County Administrator to designate A~i~tant Fire Marshel~; a~ending Section 19.2-76 and t9.2-80 96-724 relating to a~rests outside County or city where charge is to be arraigned; and amending the Cede of Virginia to allow purchase of "fast tell" credits. Mr. Ramsoy stated that staff is also requesting that tho item relating to tn× credits for the Durchaoe of "fast toll" credit~ also be extended tc tokens. Mr. Daniel state~ that the "lsat toll" credits do work and that it saves a lot of time at toll Mr. Warren stated that from an accountability standpoint, if On the ore~it card, it is easy to document that information tax p~rposes, He further u%ated that thio oy~tem would not be burdenocmo on Cennty clt~zen~ Mr, Ramsoy orated that the County is not reco~/~ending that a receipt given fur cash at the toll booth be allowed as it would slew down tho ~s. Curtin continued to review legislative ~equests including clarifying the Code Of Virginia provisions and regulatiuns governing %mRS eligibility for disability and give localities tho authority to eonte~t VRS disability determinatfon~; amending Section S.01-~61 (Z) of =he CO~e O~ virginia to provide that preferred venue fe~ civil suits against local government employees is the le~ality where t~e i~jury occurs; amending language in the Appropriation Act to clurify that claims relief bills will be paid by the reopcnoible par~y and not through rod~cticns in oto~e aid to looal~tie~;'a~d ~mending the CoUnty Charter to allow th~ Board of Supervi~oro to appoint members of the Board of Zoning Appeals M~. Daniel stated that if the ~oard chooses =o pursue amending the charter to ap~olnt members of the Beard of Zoning Appe~lo, it requi~eo a ~/3 veto of both House~ ho approve a Charter change, ae suggested that a oitisen study group be established te review thio issue in order to en~ure moro government and present the papeT after a public hearing to the voters in terms of a Charter Amendment. He ~tated that he wall support this iosue, w~iohever direction it takes, however, he ia c~utiening the Board to follow the mcat prudent course w~ich will guarantee approval of tho requeot at the General A~ambly. He further ~tated that he feels it would be pr~attlre te hold a public hearing on the iooue in December, 1997 and forward the issue tu the General Assembly in January, Mr. Warren clarified that the ~t~m~ befor~ the Bea~d at thi~ not final. He stated that final deo~s~on~ On the item~ will be made when the Beard of SUpervisors adop~o the Legislative Program on December lC, 1~7. Mr. Daniel excused himself from th~ meeting. Ms. Curtln continued to r~view leglslative requeoto including a reqUest for a l~glslativo study to detez~nine if tl%e~e are financiol and operational advantages to combining the administration of the Dowhits Parkway and Pow~t~ Parkway Extension into a single agency. Mr, Warren clarified that the legislative study was =e~on~endation of the Powhite Toll Advlo~ry Co~ittee and that h~ peroonally feel~ it would feces on the matter of efficiency in government. 96-725 request is for a legislative study and ~hat he hopes that the General A~embly will t~e the responsibility cf looking into the issues related to financial and operational advantages to combining the administration of the Powhlte Parkway and Pewhite Parkway Extension into a single agency. Ms. Curtln cantinued to review legislative requests including a~ending the Code of Virginia to empower counties with the same "quick take" authority to acquire right-of-way on highway projects that VDOT has; amending Section 36-106 of the Code of Virginia to I~ake each 19 day period that a building code violation continues a separate offense. She th~n reviewed Administrative Items including the authority to allow real setats tam exemption f0rthree properties owned by Chesterfield Alternatives, Incorporated and adopting special legislation conveying property located ~nths Dutch GaD Area that is titled to the Commonwealth to the County. Mr. McHale recommended that an additional Priority Item be added to the Legislative Program that would protect County's rsven~e~ that ~ay be impacted by any reduction or elmiinatien el the personal property tax on automobiles. Mr. Barber stated that the beard may also want to look at the VACO and ~ legislative agendas at future legislative work sessions, es the County is a ~ember of both organizations. He £urtBer ~=a%e~ ~a~ ~e ~eels ~here should be language in the County's legislative program in the future stating that ~he County supports VACO'S and VI~L's legislative positions. ~r. Warren stated that he personally feels that VACO has gsttan off-track with some of their ~embe~e recommending other increases in taxes as an option to elminating the personal property tax. He further stated t~at ~s doe~ hot ~pport ~r. Barber'~ recommendation and that he f~els there is ne need to discuss other forms of taxation or the possibility of increasing taxes. He further grated that he does not feel additional taxes is the direction of the current administration, however, he realm it is healthy to enmure that chesterfield County is protected. should not be lookinq at a ta~ increase, however~ he feels the Board mhoutd he taking the pomition that th~ County sho~l~ be held harmless if revenue authority is reduced. F~r. Ramsay clarified that a~ it relates to amending tbs Cs~ty Charter to allow the Board of Supervisors to appoint members of the ~oard of Zoning Appeals, ~he ~card will need :o hold a public hearing in order to submit a Charter change. Me stated that December 10, 1997 is the last date that a public hearing could be held and meet the deadline for introducinq legislation. ~e noted that an item was added to this Agenda to ~et the date for thi~ public hearing for December 10, 1997. further stated that the ~oar~ still ha~ the option, after ~hs public touring, to decide whether it wishes to put the issue on a ~eferendum later on in tho year and ti%on ha~e the General Assumably consider it in its heart session, r~ther than in its F~. Micas stated that a public hearing ceuid be held en ~he Board of Zoning Appeals issue and the Board take the action to not move the request forward- ~6-726 ~oning Appeals issue and plaoln~ unnecessary attention on a process that currently wo~ks in the County. H~ further stated that he feels the Board would also be ~etting into a very Mr. Barber stated that residents of%eh do not distinguish the responsibilities 0£ appointed Boards from ~he Board of Supervisors. ~r, Warren stated that he wants to ensure the me~mbers of the Board of Zoning Appeals realize :ha=~ in his opinion, t~ey have ~h~ County's best interests at heart and that he would not want him standpoint to be misconstrued as a ~erss~al attack On any of th~ Board of Zoning Appeals membmrs. M~. Curtin reviewed the following Support/oppose legislatlon items: Support funding for the accelerated construction Of Route 28~. Support legislation deregulating the electric ~tilitie~ industry whic~h protects the County's current Support legislation insuring t~a~ ~he FOIA Study Commlssien does not further e~ode th~ ability of local gavemnments to conduct ~u~in~ss effioien=ly. 4. Support legislation which will encourage regional grow=~ sharing opportunities. S. support VACo and VML's negotiations with the telecommunication industry relating to use of public rights-of-way. G. Support the appropriatisn Qf $iO,oOO,Q00 to help fund the expansion of ~he Richmond Centre. Studi~s have established u significant flnanoial gain to the state if thin project is built. 7. Support legislation granting an additional 2% increase in the transient OCcupancy tax rate for Chost~rfield, Hanover Convention Canter. Support legislation which provides i~unity from civil liability for County employ~s who prsvid~ re~erencss for former or ourran~ employees (reference immunity). Support full funding in the Appropriations Act for Stat~ aid to Libraries. lo. support a legislative request to designate a portion s~ the Appomattox River b~twpen Lake Chesdln d~r~and Virginia Power abutment as a Scenic River. 11. Support l~islation amending Section 19.2-249 of the Code ef V~rginla ts p~ovide parity between county a~d city law enforcement offisi~l~ re~arding juriedic=ion to initiate arrests and prosecutions which occur within one mile of =he corporat~ limits. 12. Support legislation requ~tin~ a st~y t~ determine ~h~ appropriate system for handling wireless 9-1-1 emergency calls. 1~. supper~ an a~endment to the Appropriations Act for the Henricus Youndation in the amount of $ZO,OOO. ~-727 Code oi virginia which will reduce the amount of per diems which house juveniles in the County faciliuy. 15. Oppose any change to current law which weuld shif~ responsibility for ovsrs~ing bingo/raffles from the state Di~cussi©n, comments~ and cf~estlons ensued relative to supporting legislation deregulating the electric utilities eupporuing legislation which will encourage regional may be lo©king for spportun£~ies in connection with the a~endin9 Section 19~2-249 of the Code o~ Virqdnia to provide rsger~in9 jurisdiction to initiate arrests and prosecutions possibility of ohmnging the !angua~e "video surveillance" to Mr. Warren stated that he feels the language "video surveillance" is much easier to have acceptance by the General (I~ is noted a copy of the proposed 199g Legislative Pro~ra~ is ~Q~rd meeting on ~©vcK~r ~ ~7, its annual meeting with the proposed 1998 Legislative Pro~ra~ will be adepted at Lhe ~aps showing one proposed redistrictfn9 for the Congressional District. He noted that a public hearin~ will be held on discuss the redistricting issue. (I5 i~ no~d ~hat ~his issue congressional District line~. ~r. Micas s~a~ed Zha= if ~hs Board is semfortabls wi~h be expressed ~o ~he County's legislators. There were no De~erred Items et this time. 728 8. NEW ,BUSIN~HS 8.A. A~OINTMENTS O BOARD OF BUILDING CODE A~PEALH On motion o~ Mr. ~c~ale, seconded by Mr. Warrsn~ the Board ~u~pem~e~ its rute~ aL this rims to allow ~imult~neous nomination/appointment of a member to s~r~ on ~he Board o~ vote: Unanimou~ On motion of Mrs. ~umphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed ~r. William Fields, Su~lding Code Appeals, whose term is effectiv~ immediately and will expire June ~0, 200~ Vote: Unanimou~ 8.~. STREETLIGHT INSTALLATION CO~T APPROVAL~ 0~ moLioa c~ Mrs. Humphrey, seconded by M~. Mc~ale~ the Board approved the following streetligh~ ius~alla~icn cost approvals: ~ermuda District * Executive ~rlv~ a~d Sandhills Drive Cost to install light: $724.~7 * ~l~n Oaks Drive a~d wal~ers Drive Cost to install light: $1,602.16 * Greenbrier Drive and Horsehee Bend Drive Cost to install 1zght~ $1,229.26 Cost %o install light: $790.90 Cost to install light: * $ilvertzee Lane, in the north cul-de-sac Cos~ ~o ins~$11 li~h~: $1,673.75 Happy ~ill Road and MisLwoed Forest Drive (north Cost ~o install light: $158.29 A~d, ~urther, on motion of Mr. McHale, seconded by Mr. Barber, the Board deferred tko following ~treetlight installation approvals until December 1O, 1997! Dale District * Chesswood Drive and Gr~aLbrid~s koad Cost to install light= Vote: Unanimous On mo~ien ef Mr, MoRale, seconded by Mr. Barber, the soard WHEREA~ a true 'community is built on brin~inq to~e'theT Richmond region is dependent on the ~ull inclusion, j,urisdictlons of Chesterfield., Hanover, Henrico~ and Richmond will buil~ a co~uhity df h~p~, security,.and opportunity for all. County Board of Supervisors ~licly rec~g~i~e~ Noveraber 18, calls all citizens to acknowledge our need for each other. EAGLE ~COtYi' On m~ti~n of Mr. McHale~ ~conded by Mr. Barber, the Board WREREAS, the Boy Scouts of America was incorporated by Mr. william D, Boycs on February S. l~lO~ and citizenship traiminq, personal development, and fitness of individu~l~; and a wide variety of fields, servin~ in a leadership position in community~ bein~ active tn the troop, demonstratin~ Scout ~pirit, and living up ~o the Scou~ ©a~h and Law; and Community Oran~s~ has as¢omplished those high standards of commitment and has reached the long-sought goal of ~agle Scout ~nterin§ th~ Scouting movement; and WHEREAS~ growing through his experiences in Scouting, himself on the ~reat ~ccomplishments of his County, Eric of whom we can ail be ve~ proud. ~0W~ THEREFORE ~E IT RESOLED, that th~ Chesterfield Counuy Board c~ Supervisors heraby ex%ends i=s to Mr. Eric 8. Mabe and acknowledges the good forzune of the County to h~ve such an outstanding young man as one of its citizens. 96-730 APPROPRIATION OF ~S FOR ~OUSIN~ RE}IASILITATI~N PRO~RAMACTIVITTES On motion of Mr_ McHale, seconded by Mr. Barber, the Beard housing loan funds for CDBG housing rehabilitation program activities, AWARD OF CONTRACT~ TO DAVID ~, GRIPFITH AND ASSOCIATES TO PERFORM A On motion of ~r. McHale, seconded by Mr. Barber, th~ ~oard awarded a oon~r~ct to David M. Griffith and Associates, in the amount of $47,700. to perform a County-wide Emergency ~a~ical services s~udy. (it is not'ed that fundin~ for this project available in the Fir~ Department's FYg8 adopted Budget.) Vote: Unanimous TO ~ICHARD L. CROWDER, CONSTR~CTIDN, INCORPORATED FOR ADVkNCED SITE ~0~ TO T~ 57RW 911 EMERGENCY CO~qUNICATIO~S CENTER 0n motion of Mr. Morale, seconded by Mr. Barber, the Board awarded ~ co~s~r~ctio~ Co~tr&ct tc ~ichard L. Crowder Cons~ruction~ Incorporated, in 5he amount of $77,ss5, fo~ th~ Qf ~he new 911 Emergency Communicanlons Center. {It is norad that funding this project is available in the P~oject.} FENCE ENCROAC~ WIT~I~ A TEN FOOT EASEMENT AN~ A TEN SIXTEEN. PROVIDENCE CREEK. SECTION D approved a r~quest from Vincent J. Nadder and Amy B. ~adder to kava a fence encroach within a ten foot easem~n~ and ~ ~en fooc ~emporary Court,actiOn easement across Lot 16~ Providence Cresk~ ~ec~iua ~, subjecn ~o the execution ef a license agreemen:. (It is noted a copy of the plat is ~iled with the 8.C.4.~. FROM APPLE.~OUTH, INCORPORATED TO INSTALL CUrB AND ~UTT~RA/~DPLUM~i~MG~ND FIRE LINE~ WITEINAkIEXISTING SIXTEEN FOOT SEWER EASemENT On motion a~ Mr, McEale, seconded by ~. Barber, the Board approved a request from Apple South, inc©rpor~ed to install curb and gutter and plumbing and fire lines within an existing sixteen foot sewer easement, subject to th~ exeeu~ie~ of e licunse a§reement. (It is noted a copy of the p!st is filed 8.~.5. R~QUEST TO QUI~CLAI~ A PORTIO~ OF A 9IXT~E~ FOOT WATER INCORPORATE~. , authorized the chairman of the Board of Supervisors and the County Adm±nistrator to execute a quitclaim deed to vscate a Homestsmd Village~ Inco1~Doratsd. (It im Doted a copy of the plat is ~iled with the papers of this Board.) Vote: Unanimous 8.C.6. RBoLr~sTB TO AID 8.C.6.a. THE C~ESTER COMPANY. IN TEE ACOUISITION OF A SIXTEEN FOOT WATER EASEMENT ~ TWO T~I~ ~OOT T~MPORARY CONBTRUCTION authorized County Right of Way sta~ to .aid The Che~ter Company, L.L.C. in th~ mcqui~itlon Of ~ $1×~een £oo~ wa~er easement ~nd two temporary construction easements acro~ property of C. F. Currin, Jr. and Charles ~. Keen, Jr., tO the e~ecution of a contract by The Chester Company, apreeing to p~y for all costs1 (It ic noted a copy of the is filed with the papers of this Board1) Vote: U~animo~s 8.C.6.b. C. PORTER VA~FIAN, I~CORPORATED IN T~E ACQUISITION OF On motion o9 Mr. McHale, seconded by Mr. Barber, the Boar~ authorized County Right of Way ~taf£ tQ aid C. Poz~er Vaughan~ Incorporated in the acquisition of a sixteen foot across property of David O. Rose, et al~, subjeeC to the agreeln~ to pay ~or all costs. (It is noted a copy of the is filed with the paper~ of ~hi$ Board.) 8.C.7. DECLARE A PARCEL OF LAI~D ON LANDFILL DRIVE SURPLUS PROPERTY ~ OFFER 'rmm PROPERTY FOR SALE On motion of Mr. Me~&le, ~eeonded by Mr. Barber, the ~card declared a 1.6 acre parcel of land on Landfill Drive murplu~ property and offered the property for sale by sealed bids. {It is no, ed a copy of ~he vicinity sketch is filed wi~h the pap~r~ of this Board.) 8.~.~. ~ROVAL OF UTILITIES CONTRACT FOR A~HRRST~ PF. ASS I On mo%ion of Mr_ Mc~ale, seconded by Mr. Barber, the Board approved the following utilities contract for the Amherst, Phase · Project, which projec~ includes the extension of L~F. ± of 12 inch oversized water linem and the Developer is and authorlze~ ~he County Administrstor to execute any 96 732 Developer Easy LivinU Corporation, Inc. Contractor: NcLane Constzu~tian Company Con~/ac~ Amount: ~stim~ted To, al = $181.719.55 Total Bstimated County Cost: wa~= (©¥er~izing) 3,529.50 8.C.9.' APBROPRIATION.OF REVE~q]E AND APPROVAL OF ~P~NTS FUND EXPENDIT~REA~9~0~RIATI0~S FOR T~EM~TAL P~ETARDATtON/SUE¢T~-NCS ABUS~ DEPARTMENT On motion o~ Mr. MoHalk, ~condad by Mr. Barber, the Board appropriated ~203,~48 in Individuals with Disabilities Education ~c~ ~ar~ H rev~nu~ and approved grant~ fund expenditure appropriations, in the amount of $~03,~a8, by ~he Chesterfield ~n~ura]an~y Coordinating Council, for the Me~tal ~ealth/Mental Retardation/ Substance ~use Department to be 8.C.10. APPROVAL OF FY97 RESULTS OF OPEP. ATION On motion ~f Mr. MoHale~ seconded by Mr. Berber, the Board approved FY97 Results of Opsra~ion~ as follows: that FY97 school ~xpenditure savings of $1.9 million be designated for $129~334 be appropriated for school use in P¥98; that the designation for the reduction in BgOL taxES Of $~00,OO0 be retained to offset the anticipated loss of revenue in FY98; that $140,000 be appropriated in F¥9~ for the Route ~O/~enito ~oad ~udy; that FYi7 County e~enditure saving of $406,950 be appropriated in FY98 for department carry forward r~qu~t~ and other uses as determined by nh~ Counny Admiuistrator; and ~hat $5~1~0,998 of additional property taxes be designated for use in %he School and General County FY99 Budgets for capital or other non recurring costs. Vote: Une~imouu FIRE STATION IN ANA~RICULTU~AL ~A} DISTRICT ~0ARD'S AGENT On motion of Mr. McHale, seoond~d by Mr. Barber, the Board initiated an application for a special exception to permit a fire station in Rn Agricultural (A) Di~tzict~ on bekal~ of the Chesterfield Fire Department, on property located at 950I Chester Road, and appointed Battalion Chief Scott Cooper ~s the Board's agent. Vote: Unanimous 9~ 733 8.C.12.a. TO CON~IDER' A~P~O~RIATtON OF ~'9.98 ?BOND EROCEEDS A~D INTEREST FJ~RNING$ FOR COUNTY AND 8~OOL CAPITAL IS$UA~CE OF GEATERAL OBLIGATION BONDS on motion of Mr. McHale. seconded by Mr. Barbar~ the ~oard set the date of December 10, 2997 at 7:00 p.m. for a public hearing tO consider appropriation of S6~.265 million in 19~ bond proceeds and $15Q,000 in interest earnings ~or ~cho©l and county capital projects and issuance ef ~ke balanc~ e~ bonds approved in the 1996 referendum totalin~ $~15.574 million in Gensral Obligation debt. Vote: Unanimous 8.C.12.b. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY O~ CHESTERFIELD, 1997, AS AME~D~D, BY On motion of Mr. McHale, seconded by Mr. Barber, the Board set ~he da~e e~ December lo, 1~7 az 7:~ p.m. for a public hearin~ to consider an ordinance to amend the Code o~ the County o~ Chesterfield, 1~7, as amended, by emendin~ and reenacting Section 9~29 relating to rehabilitated historic residential 8.C.12.n. TO CONEIDER ADOPTION OF A CONCURRENT RESOLUTION AND ~RTTOL~S O~ T~CO~PO~TION CREAT~N~ THE GREATER RIOH}{OND CONVENTION CENTER AUT~OEITY On motion o~ Mr. ~cHale, seconded by Mr. Barber, the Beard ~et th~ date of December 10, 1997 at 7:00 p.m. for e public hearing to con~ider adoption o~ a concurren~ resolution of the Council cf the City of ~ichmond and the ~oarde of Supervisors of cheatarfield, Hanover, and Kenrlco Counties creating mn authority under the public recreational facilities authorities Authority. Vote: Unanimous 8,C,lZ,d, TO CONSIDER A~ ORDINANCE TO AI~E~D THE CODE OF TEE COUNTY OF CHESTEEFIELD. 199~. AS AMENDED. BY A~ENDING SECTION ~.~ O~ THE CHARTER On mo~ion of Mr. McEale, seconded by Mr. Barber, ~he Re, rd set the date Of December 10, 1997 at 7:00 p.m. ~or a public hearin~ to consider an ordinance to amend th~ Cod~ o~ ~h~ CQU~y ©~ Che~tarfietd~ 19~7, a~ emended, by amendinq Section 7.3 of the Charter. vote: Unanimous ~.C,13. STAT~ REA/) ACCEPTANCE This day the County Environmental Engineer, in acoordance with directions from this Beard, made report in writing upon ~amina~ion of ~he ruads in Providence creek, Section D, Clover Hill District, end 96 734 Whereas, the Resident ~nwineer for the Virginia Department of Engineering, the street~ in Providence Creek, Section D, Clover Rill District, meet the requirements established by the Subdivieiqn Street Re~uir%menkg of. the Virginia DeparLmm:l~ Tranmporta~ien, and Wker~a~, Lhe County and ~he vir~ini8 Department of detentiOn/retentio~ facilities in th~ County. McHale~ seconded Dy Mr. Barber', it is resolved ~ha~ %he roads in Providence Creek. Section D~ ClOver Hill Di~trict~ be and they h~reby a~e established ag public roads. Transportation, be and Ls hereby requ~ked to take into virginia, and the Depsrtment'$ Subdivision ~reet Requirements, the Name of Street~ ~rovi~ence C~eek Trail Length: 0.23 mile End of road ak exi~ti~9 Providence Creek Trail, Rou~e 46~%, 0.02 mile south of Provideno~ Creek Road~ State Route Quaran~eed Rich,-of-Way Width: 50 feet. ~ame of Street: Rockmon~ CourE Length: 0.05 mile F~om: Providence Creek Trail, 0.07 mile souah of Providence Creek Road, State Route 4685 TO: Col-de smc~ 0.05 mil~ east uf Providence Creek Trail Guaranteed Right-of-Way Widsh~ 50 feet. From: Providence Creek Trail Route 678~ 0.10 mile east of Providence Creek Trail Guaranteed Right-of-Way Width: 50 feet. From: West Providence Road~ Q.04 mile east To: Cul-de-sac~ 0.03 mile north of West Providence Road Guaranteed Ripht-oi-Way Width: S0 feet. This request is inclusive of nhe adjacent slope, gi~ht distance, clear zone, and designated V~rginia Department of Transportation drainage easements indicated on the development plat. These roads ssrv~ 31 lots. This section of Proved=ace Creek is recorded as follows: Section D, Plat Book $2~ Pages 4 and 5, septe~lber 7, 1993. On motion of Mr. McRale, seconded by Mr. Barb~, the Board Meadowbr0ok Eigh school. 8.C.14.b. BE~4~DA DISTRICT FOR R~NTAL OF A C~tNDP¥ TE~T AT On mGti~n ~f Mr~ MoHalk, seconded by Mr. Barber, the Board transferred $300~ from 5he Bermuda Distric~ Three Cent Road Fund~ to the Pmrk~ mud Re~re~io~ Depar~men~ for ~ental of a canopy ~ant for use at Zhe Veterene Day Ceremony at Beneley ~ark. Vc~e: Un{nimous ~.C.14.c. DALE DISTRICT FOR TO PURCHASE BASEBALL EQ~IgME~T FOR USE BY THE FALLING CP~EEK YOUTH E~OBTB ASSOCIATION On motion of ~r. Mc~ale, seconded by Mr. Barber, the Board transferred $1~00~, from th~ Dale Dis~r~ct Three Cent Road Fund, to the Parks and Recreation ~e~artmen%, ~o purchase baseball equipman~ far use by the Falling Creek Youth Sports Vote: Unanimous 9. HEARINGS O~ CITISENS O~ UNSChEDULeD MATTERS OR CLATMB There were no ~earings of Citizens on Unscheduled Matters or claims an nhis Zime. On motion o~ Mr. McHale~ seconded by Mrs. ~umphrey, the accepted the ~ollowin~ reports: A ~epo~t On D~veloper W~ter and Sewer Contracts and a statu~ rapor~ on the General Fund Balanue; Reserve got Future Capital Projects; District Road and Street Light Funds] Lease Purchases~ and School Board Agenda. 11. DIOR On mo~ion of Mr. McR~le, seconded by Mrs. Humphrey, the Board recessed ~o the Administration Building, ROOm 5Q2, for dinner~ 96-736 11/12/97 Reverend Carl Co~$1ett, Pastor o~ Trinity Qni~ed Me~h~di~ Church~ gave the invocetion~ PLEDGE O~ ALLEGI~C~ ~0 TH~ FLA~ OF THE UNITED STATES O~ AMERICA Boy SCOUt M~,~ers of Troop S~g led the Pledge of Alle~i&nee eo the Flag of the UniSed Szate~ of America. in which they washed ov~r 100 wheelchairs and honed that several mem~ere of the TreeD were ~eatured in th~ Richmond Times Dispatch newepaper. She commended each of ~he members for thi~ type of leadership a~d commitment. Introduction~ were Open Hous~ ~vent this evening at Dupont. ~ ~pz~ssed appreciation to Mr. John L~ Groku~ky~ Site Manager, and Mr. J~ 14.A. ~ECOG~IZING MR. WIL~IA~ eTUBBS FOR ~IS CONTriBUTIONS ~r. Kappel introduce~ Mr. William $~ubb~ who w~ p=~nt receive the resolution. On moEion of ~he Board, ~he following resoluzion was adopted: ~ES~S, Mr1 William T. (Bi~ty) 8tubb~ h~ resided in Chesterfield County since l~3S and is a ~raduate of Benedictine Mi~h School and thc University oi Richmond; and ~EEEAS, Mr. Stubbs is a World Waz II ve~an and is a me~sr of ~he Bensley Area Civic A~ooiation; and ~ER~S, Mr, 9tubbs joined ~he Marine Corps in 1943 and all veterans and ~u bring the community together and another Veterans Day ceremony which was held on Nove~r 1997; and ~EREA$, Mr, S=ubbs initiated the construction of a World War II Memorial st Rensley Park in honor o~ four of his friend~ killed in World War II; and ~EREAS, ~r. Stubbs retired ~rom the British P~trol%um Company in 19~5 and is cuxr=ntly working part nime in real NOw, THE~FORE BE IT RESOLVED, th~% the County Board of Supervisors publicly reco~izes Mr. William Stubbs for his noteworthy achievements and his contributions n/~/~ ~ 7B7 AND, ~E IT ~73RTHER RESOLVED, that a copy cf this be~ permanently ~recorded among the papers of .this Board of Supervisors of Chesterfield County, Virginia. accompanied by Ms: Margaret Davis, President, Mr. 5ry~ Walker~ member~ Mr. Larry Klebert~ Past President, M~. E~ter Woodward, m~r~er, and Mr. Wayne Davis, Vice President of the Bensley Area Civic Association. He express®d appreciation to Mr, Stubbs ior ATTAINING RA/~K OF EAGLE SCOUT Mr. Hamme~ introduced Mr. Sower~ who ~as present to'accept the resolution. On motion of ~he Board, the feLlowiag resolution was adopted: WHeReAS, the Boy Scouts o£ Amsrlca was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of A~erica was founded to promote citizcashi~ training, ~arsonal ~avalopme~L, and ~itness of individuals; and $~EREAS, after earning at least twenty-one merit b~dges in a wide variety of field~, serving in a leadership position in a troop~ carrying out a service project beneficial to his community, being active in the troop, demenstrating Scout spirit, and living up to the Scout Oath and Law; and WMEREA~, Mr. Joshua Adam Sowers, TrOOp 822, sponsored by Bethia united M~thQdist Church, has accomplished those high s~andards of commitment and has reached the long sought goal of ~agl~ ~sout which is received by less than two percent of those individuals entering the Scoutin~ ~ovemsnt~ end WI~EREA$~ ~rowing through his experiences in Sceut±ng~ l~arning th9 lesson= bf responsible citizenship, and priding himself Qn the great accomplishments of his County, Joshua is indeed a member of a new generation of prepared young citizens of whom we cmn all be very proud. NOW, T~REFORE BE IT RRSOLVE~ thmt the Chesterfield Counny Board of Supervisors hereby extends its con~ra~ulstions to Mr. Joshua Adam Sowers and acknowledges ~he good fortune the county zo have such an outstanding young man as one o~ citizens. Mr. Sowers, accompanied by his father~ commended hi~ on kis outs~andin9 ashievemcn~s, and wished him wall in his future endeavors. Mr. Sowers exprsesed appreciation for the recognition and to his family for their support, Vote: Unanimous '96-738 431 of 15. PUBLIC HEARINGS 15.A. ,,TO CO~SIDER A~ ORDINk~E' TO yACATE A SIXTE~ FOOT D~AINAGE EASEMENT ACRO~ LOT 8, BLOCK B, subdivts~on~ No one came forward re spe~ ~n favor ~f o~ against this ordinance. O~ mu~ion of Mr, Mc~ale, seconded by Mrs. Humphrey~ 5he Board ~ ORDIN~CE whereby the CO~TY OP C~ESTERFIELD~ VIRSINIA, ~a~isterial Di$%ri~%, Chesterfield Co~=y, Virqinia, on a plat ~he'feof duly recorded'in the Clerk's Office of the described ns copy of which is attached herezo and made a SUP~RVISOR£ OF C~EDT~RFIELD COUNTY, hereby vacated. This Ordinance shell be in full force end effect mn accordance with $ectiou 1~,1-4~2(b) of the Code of Virginia. together with the plat attached hereto shall he recorded no Circuiu Court of Chesterfield County, ~irginia pursuan~ is to dessroy the force and effect ef the recording of the portion of the plat vacated. This ©r~lnance ~hall v~e~ foe simDla tinle of the eaaement hereby vacated in the owners of Lot S, BlockB~ within HITNTWOOD ~ub~ivisi~n, ~ree ~nd clear of any riphls of public use. Accordin~ly~ this Ordinance shall be indexed,in ~he name~ of the COUI~TY OP CKESTERFIRLD as ~P3d~R~ and A~EKT C. ~OMISHEK and CLARICE A. ROMISHER, or their successors in title~ Mr. ~tioh stated this date and time has been scheduled for a public hearin~ ~o consider an ordinance to vacate a portion of a variable width drainage easement across Lot ~untingcreek ~ills~ Section Nu one cams iorward to speak in favor of or against thin ordinance. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board ~N ©RDIN~NC= whereby the C0I/~TY OF C~ESTERFItLD, (husband and wife), ~"G~T~"), a per,ion of a variable width Section ~ D~ Magisterial Dis~ric~, Chesterfield County, Virginiar au uhown on a pl~t thereof duly recorded in the Cl~rk's O~fice of ~he Circui~ Coot= o~ Chesterfield County in the Board of Supervi~o~ of Chesterfield County, Virginia Lo= 1, ~lock H~ Hun%in,creek 5ills, Section B, D~E Magisterial on a plat of record in the Clerk's Office of the Circuit Court oi said County in Plat Book ~a~em~nt p~i~ion~d to be v~oated is mor~ fully A portion of a variable width drainage ~ill~ $~ivi~ion~ Section B, the location of which i~ more ~uily shown on VIRGINIA S~VEYS~ .dated ~E 19. 19~?, and a~tached here~Q and made a part of this Tka= pur~uanL to Sec%ion 15.!-~82(b} of th~ Code of be and is hereby vacated. This ordinance shall be in full force and effect in accordance with 2et%ion 1~.1-48~(b} of ~he CQde of Vir~inia~ 1950~ as amended, 5nd R c~rtified copy cf this Ordinance~ ~oge%her with the plaf attached hereto shall be recorded no sooner Lhsn thirty days hereafter in the Clerk's Ofiice of the Circuit Court of Chesterfield County, Virginia pursuant to Section 1S.i-4S~ of the Code of ~%~inia, 1950~ as amended. The effect of this ordinance pursuant to Section is to destroy the forge and effect of the r~cordin~ o~ the portion of the plat vacated. This Ordinance shall vest fee s~mple title Of the portion of easemen~ hereby vacated in the property owners cf Lot t, Block ~, within ~untlngcreek Hills, SectXon ~ ~ree and clear uf any rights of public use. A=cordin§ly, this Ordinance shall be indexed in the names of the COUNTY OF C~ESTERFIELD as ~Rk~TOR, end JAMES F. LOTT and KIMRERLY A~ LOTT, or their successors in title, as FOOT EASEMENT ACROSS LOT ~5, BIRKD~-LE S~BDIVI~ION, $~CTION ~0 Mr, Stint eta=ed =his dele and time has been scheduled flor public hearing to consider an ordinance to vacate a portion a ~en Soot easement across Lot 15, Birkdals Subdtvision, No on~ Came furwa~d to speak in favor of or againa~ ~hls On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board ~N ORDINANCE whereby the COI/NTY OF CHESTERFIELD~ VIRgiNIA, ("GRA/~TOR"} vacaten ts T~O~$ J. FIT~G~LD aad JO~ FITZGE~D, ("G~EE~')~ a portion of a 10' easement across Lot 15~ Birkd~!~ Subdivision, S~ction 30, ~TOA~ District~ Chegtarfield County, uir~inia, a~ shown on a plat ~h~ruof duly recorded in the Clerk'~ Og~ice of the Circuit Court of Chesterfield County in Plat Book 90~ a~ Pa~e 77. ~ER~S, THEWS J. FITZQE~LD ~nd JO~ M. ~IT~D, peLitioned the Board of Supetvi~ors cf Chesterfield County, Virginia to vacate a portion of a 10~ easemen~ across Lot 1S, Birkd~la Subdivision, Section ~0, ~TOACAMagisterial Diszric~ Chesterfield County, Virginia more particularly sho~ on a of record in ~he Clerk'~ Office o~ the Circuit Court of said 1996 and reoorded~Y 30~ 199s. The easement petitioned to be vacated i$ more ~ully ~escribed as follows: of which is mor~ fully shown on a plat made by a copy of which is attached hereto and made a pmrt of this Ordinance~ ~=~AS, no public necessity exists for the continuance That pursuant to Section Is.i-&Se(b} of the Code hereby vacated. This Ordinance shall be in full force ~d effect in accordance with Section 15.1 ~8~D) of the Code of Virqinie, together with the plat at~ached hereto shall be recorded no sooner ehan.thir.ty days hereafter in the,Clerk's O£fice of the CircuiZ Court ~f Chesterfield County, Virginia pursuant to ~ectlon 15.1 4S5 of the Code of Virqinia, 1950, as amegded. The effect of ~his Ordinance pursuan~ ~o Section 15.1-~83 is to destroy tho force and effect of the recording o~ the portion o~ the plat vacated. This Ordinance ~hall vest fee simple title of the easement hereby vacated in the property owners o~ Lot 15, Within Birkdale Subdivision, Section 30 free Accordingly~ tkis Ordinance shall be indexed in ~he names title~ as 15.D. TO CONSIDER A~ ORDINANCE TO VACATE A PORTION OF A BLOCK 52 Mr. ~i~h e~ated this date and ~ime hae been ~cheduled for a ~ublic hearing to consider an ordinance to vacate s portion of a twenty foot alley within Ben Air ~]olls Subdivision~ Block 52. ~O one came forward to speak in favor o~ or against thi~ ordinance. On m~tion of Zr. Barber, seconded by Mrs. ~umphrey, the Board adopted th~ follcwin~ ordinancB: ~_N ORDINANCE whereby the CGLr~TY OF CHESTERFIELD, VIRGINIA, ('~R~TOR"> vacates to B~?TY LOUISE RODDEN EVERETT, ~ZEL D. HOBBS and JULIE C. MYERS~ ("GRA~TEE'~)~ a portion of a 20' alley within Block 52, Bun Air Knolls S~divisicn~ NIDLOTKI~ Magisterial District, Chesterfield County, Virginia, a~ shown ~ a pla~ thereof duly r~cord~d in the Clerk's Office o~ the Circuit Court of Chezterfield County in Plat Rook 4, at Pages W~REAS, BETTY LOUISE REDDEN E~RETT, ~ZEL D. HOBBS and J~IE C, MYERS, p~=itioned the Board of Supe~isors of Chesterfield County, Virginia to vacate a portion o~ a 20' alley within Block 52, Ben Air Knolls S~division, MIDLOTEI~ Magisterial Dimtric~, Chesterfield County, Virginia more particularly sho~ un a plaL of record in the clerk's office of the Circuit Court of said County in Plat Book 4, Pages 138 141, by LOUISVILLE R~ ESTATE ~D DEVELOPMENT CO.~ and revised by 1928. The ~ll~y p~itioned no be vmca~ed i~ mo~e fully described as follows: A portion of a 20' all~y within ~lock 52~ Bun AiT ~ollg Subdivision, th~ location of which is more fully shown on a plat made by B~ZER & ASSOCIATES, INC.~ dated SEPTE~ER S, 1997, part of this Ordinance. ~R~ notice has been given pursuant to Section 431 of 5he Cede cf Vir=inia, 1950~ as amended~ by advertising7 of the alley ~Qu~ht to be vacated. 96-742 ~©W THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGIN%A: That pursuant te Section 15.1-4@2(b) of the Code of Vir~fni__a, t950, as hereby Thio Ordinance shall bs in full force and effect in accordance with Section 15.1-482(b) of the ~Q~e of virqinia, 1950, as amended, and a csr~ifis~ cody of this Ordinance, together with the plat attached hereto shall be recorded no sooner than ~hi~ty days hereafter in the Clerk's Office ef the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-eS5 of the Code of Virginia. 1950. as amended. The effect of this Ordinance pursuant to Section 15.1-483 ~s to destroy the force ~nd effect of the recording of the portion o~ the plat vacated_ Yhi~ Ordinance shall vest f~e ~imp~ t~tie o[ ~he alley hereby vacaue~ in She adjoining property e~n~r~ ~£ p~rtions of Block S2, within Bon Air Knolls Subdivision, fr~e and clear e~ may righZs of public uss. Accordingly, ~his Ordinance shall be indexed in the names cf the COUNTY O~ C~E~TERFIELD as NPJ~TOR, and ~TT¥ LOUI$~ REDDEN EVERETT, ~IAZEL D. HOBBS and JU-uIE C. ~YER~, or their successors in I~ROVE~ENT PROJECT ~r~ Stith stated this date and time ha~ been scheduled iora public hearin~ to consider the conveyance of right-of-way and utility ea~ente On County property ~er the Route lO Road Improvement Project. NO one came forward to speak in favor of ur against this i~sue. O~ ~otisn of Mr. Daniel, seconded by Mr. McHale! the hoard appruved the conveyance of ri~h~ of way and temporary construction ~ase~nts to the Commonwealth of Virginia and utility easemsnts to Virginia Electric and Power Company and Bell Atlantic-virginia, Incorporated and authorized the County Administrator an~ Chsirman of the Board of Supet~isors to THE JA~$ RIVE~ AS A~ A~ERICAN ~RITA~E R/VER Mr. Jacobsen stated that this da~e and time ha~ been advertised for a public hearing to consider adoption of a resolution of support for designation of the James River as an American Meri~ago River. Me further stated ~hat the American River initiative is a ~ederal program established to designate ten rivers natinn~ide a~ American Hsritags Rivers. He stated that benefit~ of the pro,ram include significant national recognition of the Jamss River and the increase in tuuriem, ~e further stated that several concerns have been raised by local government, indus=rios, and individuals regarding the h~tery with the federal governmen~ and additional re~ulations and rules to comply with. ~ stated that %hs American Heritage Rive~ Program will not create any new regulatory requirements stated that this initiative is voluntary and locally driven. Ms ~¥ated ~hat under ~his pre,ram, ~he counzy has the right t~rmiaate its participation at any time. ~e stated that the Planning Department supports adoption of the resolution of support for tko designation of the James River as mn American Heritage River.~' When a~kpd, he stated t~a~'he'reviewed the federal register on thio program and that throughout the or re~rulations as part of this program. Be further grated he did not see where there nra any ntrlngs at~ached to the pro,ram and that his judgement and recommendation is that the benefits outweigh any potential risks, When asked~ he stated that were expressed regarding the action that was proposed in Congres~ regarding this initiative. Re further stated that Bliley's office validated the interpretation of County staff that this progrsm will net create additional rules or regulations for local governments or property owners. that she is involved with the County's Environmental Engineering group in the "Save OUr ~%rea~ Initiative". She further stated that she feels the American Heritage River initimtiv~ will further expand the initiatives currently b~ing taken by the Environmental Engineering group. She ~tated that rivers, an an American Bsri~age River. attached to this American Heritag~ Program. Mr. Bill H~stings stat~ ~h~t he supports the rsquest and that further stated that he feel~ th~ James hirer has a good opportunity for having nbs hi~hest priority for designation. Mr. Thomas McKinley, with Shoosmith Brothers, state~ that he does not support the request. He furthe~ ~tated that he spoke with COn~re~Sman Bliluy~s Office this afternoon and that Mr. Jack shoo,mitt spoke p~rsonally with Congressm~n Bliley this afternoon. H~ stat~d that Congressman Bliley is ~h~ sponsor, along with forty-five other Congressman, on Resolution 1842~ which in affect woul~ eliminate the A~erican Heritage Program. He further stated that Congressman Bliley'$ staff communicated to h%m ~hat there are a number of vague items that are in thi~ federal re~ister. He stated that everyone loves the James River, however, hs does not feel county should support this Program and requested that the Board not support the request. There bein~ n~ cna also to address this issue, the public program is established. ~a further stated that of the P~og~am. i~ae thi~ ~venin~ before being made award of ~ouse Re~olution lS42 and requeste~ sdditional inf0r~ation on ~ouse Resolution leA2. correspondence ~rom Congressman Bliley's Office re~a~ding the American Heritage ?rcgram and will provide the sZatu~ cf this legislation. ~r. Warren stated that out of re~pect for Congressman Bliley ~hould delay any action re~arding this issue. 96 744 Mr. Warren and that he feels the i~ae should be deferred for two weeks. He rac/uested that the Beard receive written information from Congressman Bliley~s offlee. He stated that the Appomattox River could c%early qualify in the scenic river category from the State of Virginia. Me seated that he fssle additional information needs to be looked at by the Board and that he ho~a~ this issue can be resolved before the deadline passes for the application requirement. When asked, Mr. Jacobsen stated that the issue can be de~erred for two week~ an4 still have time to submit the a~pllca~ion. Re further ~tated that there ha~ been debate in C~ngress t~ prevent funding for this Program. Mr. Barber stated thee he feels if there are concern~ generated from Congressman Bliley er County citizens, he would lkk~ %here csnuerns analyzed. Ha further stated that the County needs to be careful as it addresses the issue and that he f~ls a thuught£ul research needs te be performed regarding this i~sue and that any sp~ciflc obj~etlons should be breugh~ forward ~o tbs Beard~ Mr. MoHale stated that he has bean working on this issue for some time now and mbat he i~ comfortable with thi~ process. He further stated ha does net see any strings attached to this Program. ~e sta%~d that the precise e~ this was going on the assurances of the Board of Supervisors that if there was a problem, ~he Board would stop, step back~ and get {t rt~ht and that the Board was faithful to the% ~ssurance. He s~ated ~hat with this epportunlty~ the County gets an expert who unders~en~ the funding that is available in federal programs that may apply to a community's aspirations about its rive~. He further stated that he does nc~ believe anyone has objected to the County taking federal funds for the Police Department or any substannial objections of taking federal funds to assist with the Dutch Gap Conservation Area. He further $~atsd ~h~t the County, oommittln~ itself to the American Heritage River, funds are net only federal dollars, but County dollars that should come back ~o our community to be used on projects ~hat are 5mpertant to th~ econo, is develcpment~ tourism, and to the overall community aspirations. Ee further stared that he understands and re~pect~ ~Ome of the concerns expressed and does not support other concerns, however, will support a ~wo week deferral on the issue. He stated ~hat he has concerns about the County getting involved in the middle efa debate between the executive and legislative branch. to defer consideration of adoption of a resolution of support for d~mfgnmtlon of rte James Biver am an American Heritage River until November 25, 1997. MC. Warren expressed appreciation for the public comment this evening. He stated that this deferral is mn example ef the Board receivin~ all necessary information towards it decision making process. Mr. warren then called for the veto en the motion made by Mn. MoHalk, seconded by Mr. Daniel, ~or tko Board us defer consideration cf adoption of a resolution ef support for designation of the James ~iver as an American Heritage Kiver until November 25~ 1997. AT VARIOUS PARK SITES AND ATHLETIC COMPLEXES FOR OPERATION OF FOOD CONCE~EIONE ~Y C0-S~ONSORED ATHLETIC ASSOCIATIONS ~ L~AGUES :' ; Mr. Golden stated ~hat this date and time has bsan advertised real property at various park sit~s and athletic complexes for operation o~ £ood concessions by co-sponsored athletic associations and leagues. Mr. Georg~ Beadle~ stated that h~ would like convsyano~ Of There being no o~e else to address chis issue ~he public hearing was closed. On motion of Mr. Daniel, seconded by ~r. Mc~ale, the Board approved the conveyance of leases of real property at variou~ park sites and athletic complexes for operation of food VaSe: Unanimous TO CONSIDER AMENDMENTS TO THE FIXED ~ASED OPERATOR SERVICES AND LEA~E AGREEMENT WITH DOMINION AVIATION SERVICES, I~COREORATED Mr. calabro s~a~ed ~hat thi~ da~e and time has b~en adv~rti~od for a public hearing to consider amendments to th~ Fixed Based opera,or services and Lease A~reemen~ wi~h Dominion Aviation Services, Incorporated. No o~e came forward to speak in favor of cr a~ainst tkis issue. On ~otion of Mr. Barber, ~econd~d by Mrm. ~umphrey, the Board approved consideration of amendments to the Fixed Bamed 0perasor Services and Lease Agreemen[ wi~h Dominion Aviation Servicem, IncoIporated. THE CHESTERFIELD COTRTY FAIR A~OCiATION, ~ THE AORBEMENT WITH BRA~CH ~ANKING AND TRUST CO~{P~%NY REGARDTN~ ~URC~ASE OF T~E FAIR A~$0¢IATION NOTE AND APEROV~L OF D~ED OF ~UST ON ~O~Y Mr. Micas stated that this data and time has been advertised fo= a public h~aring ~c consider t) the lease of fairurounds property to thc Chesterfield County Pair ~soci~io~, No one came forward to speak in ~avor o~ or aqain~t this When asked, Mr. Micas stated tha~ even though Mrs. ~umphrey does not hav~ to d~clare of conflict of inter~st because neither Mrs. Humphrey ur her mother has a ~inan~i~l interest in the successful income of the leas~ agreement. On motion of Mr. Daniel, seconded by Mr. Barber, the Board authorized the extension sf ~ea~e term to the Fair Association for the fair property end authorized the County Admini~trato~ to execut~ an a~reement with Fidelity ~ede~al regarding th~ Ax~ts & Crafts building and land .to secure the Pair Aseociationfs debt. vote: Unanimous l~.J. TO CONSIDER A~ ORDINA~C~ TO AMEND T~E CODE OF THE, CO~H~TY OF CHEStERfIELD, 1997, AS ~ED, E? ~ACTIN~ SECTIO~ 2-91.~ ~LATING TO ~CLAi~}~O PERSONAL P~OPERTY ~r. Micas stated tha~ this ~a~e and time has been advertised for a public hearing to con~ider an ordinance relating to No one came forward to speak in favor of or against thi~ i~ue. On ~ct±on of Mr. ~c~al~, ~cond~d by Mrs. Humphrey, the Board AR ORDINANCE TO ~F~ND THE CODE OF BY ADDING SECTION 2 91.1 RELATINO TO Chesterfield County: [1) That Section 2-9~.1 of the Code of the County of Chesterfield, 1~97, ~s amended, is added to read as follows: Sec. 2 91.~. Donation ~f...unclelmed bicycles when authorized. whenever an unclaimed bicyete~ Or moped hag been in the tko chief of police may ~onare the bicycle or moped to a charitable organization. (2) That this ordinanc~ ~ha%l become effective immediately upon adoption. V~te: Unanimous 15.K. TO CONSIDER A~ ORDINANCE TO AMEND 'r~l~ CODE OF THE COTI~TY OF CHESTERFIELD, 1997, ~ ~NDED, EY AMENDING AND REENACTING SECTION 13-51 RELATING TO TEE EXEMPTION OF ~EaI~LE~ L~.~ EY ACIIVE M~E~ OF A VOLDAITEER POLICE CHAPLAIn, ~ AUXILI~q~ P0~ICE UNiT FROM LOCAL VEHICLE LICEWSE FEES A/TD T/tl~E~ ~r. Mie&~ ~t~t~d that this date and time ha~ been mdvertis~d for a public hearing ~o consider an ordinance relating to the rescue ~quad, a volunteer fire department, volunteer police chaplain, and auxiliary police uait ~rom local v~hiule license sxemptions approved in the County. There being no one else =o a~dress ~his ordinance, the public (a) A license usx is hereby imposed upon avery motor vehicle, trailer or semitrailer ~ormelly garaged, stored or parked in the county. (b) The provisions of this article shell not apply to the ~ollowinq~ virginia~ vehicle exempted by the provisions of code of ~6.2-665--46.2-683r as amended, and Code of 46.2 755, as emended; A~y vehicle licensed pursuan~ Zo Code of Virginia, ~ 46_~-7~0, as amende~; or~ (~) Any vehicle otherwise exempted by sr~e l~w. Vehicles owned by a volunteer rescue V~hicles owned by a volunteer fire department; vehicles owned or lea~ed By a volunteer police chaplain. ~owever, only one vehi~l~ owned by the ohaplain may ~ualify for the exemption provided by Any vehicle disp!eyin~ spscial psrmenenC places as approved and i~ued by the department of motor vekiclas pursuant ~o code of virginia, ~ ~6~2 739, as amended~ to veterans with se~-~ice- connected Vehicles owned or lea~ed by an active member of a volunteer rescue squad~ a volunteer firs d~partment~ or an 5uxiliary ~olica unit; ~rovided certification, signed under oath by the chie£ o~ head of ~he member's volunteer orqaniza~ion~ c~rtifyin~ tke member's active membership for the ~ix-m0n~h p~rlcd prior ~o obtaining a license. However, only one vehicle owned by the member may gull{fy for the e~emption provided by this subsection. (Code 1978, ~ 14.1-18) State law referenee(~)--Autkurity to adopt this section, Cod~ of Virginia, ]] 46.2-752, 46.2-755. 12) That this ordinance shall become effective immediately upon adoption. 111t219~ 15.L. TO ~ON$IDEE AE ORDINANCE TO AMEND THE CODE OF T~ ~OIINTt'OF C~ESTERFIELD, 1997, Ag A~E~DED. EYA~NDING ~D REENACTING SECTION~ 19-172. 19-187~ AND 19-301 ~or a public h~aring to consider an ordinance relating to automobile sell-service stations, automobile ~ervice ~tatlone, or ~ew tractor trailer~ and would not have any parking tractor tra~Ier service station would have the ca9abili~y ~uel limited te~ parking for ~rac~or trailers, sleeping trailer service station would be permitted by right in C 5, I ~, and I-3 districts~ He further sba%ed tha~ ~he Planning fueling kocation only. ~s. susan Hoque ~tat~ tha~ she supper~s adoption o~ the proposed ordinance. She requested ~hs~ the Soard add the def±ni~ion of a truck stop er trastor t~ailer ~u_~vic~ station to th~ County's zonin~ ordinance in an effort to preven~ repca~ of the extremely undesirable situation in which a truck stop Hills Subdivision. specifically, ag ~ rela~es ~o the number of trucks that arm their ~rock an~ ~t ~ the service station. Ks further seated that he feels adoption of the proDosed ordinance im not good busineD~ in ~h~ County, has more than one diesel pump becau~ there would be an hearing was clo~ed. When a~ked, M~. Jacob$ou ~tated that existin~ truck stops with ~@ra than two truck fueling stations an~ zoning less ~n~nse was adopted. tractor-traile~ ~vice station shall have the capability to tractor-~railer service s~a~ion shall have the capability to ~/~/~7 96 7%~ diesel pump with two fuelin~ stations, one on each side.. He ~u~ther stated that the Planning Commission felt that if additional fuelin~ stations were desired, the owner could Hr. Mc~ale went through with the Eton community, which is the origin surrounding this proposed ordinance. She ~ur~her stated that adoption of this proposed ordinance would eliminate many not have the ability to ever expand their business. Mr. Daniel stated that he supports deferral of the ordinance. ~O draft this particular ordinance~ such as without When asked, Mr. Jacobsen stated that the Plannlnq Co~mieeion way ia which to design this ordinance. if the County does not change the current omdinancu this issue will continue to cause problems. Ke stated tha~ there is substantial noise and odor from idling diesel trucks when the the ~uZure for fueling facilities on Route I0~ 295, Kull that he feels action need~ =o be taken on this issue. He Mrs. Humphrey regarding the s~all businesses in the proposed ordinance is adopted, none of the service stations in the Matoaca District would be put Out of business sad ~hey proposed ordinance levels ~he playing field and makes it more difficult for lar~er busigesses. ~e stated that he supports the need for additional information regardinU the proposed There was brief discussion relative to approving trailer service stations through ~ke conditional use process. five and still restrict the parkia~ restaurant, and to go after any legiti~ate~ previously zoned end conformed On mo~lon of Mrs, ~umphrsy, seconded by Mr. Warren, ~he ~oard deferred co~pid~r~tion of an ordinance to amend the Code County of Chesterfield, 1997, as Amended, by Amending and Automobile Self-Service Stations, Automobile Service Stations~ Unanimous 96-750 Mr. Barber excused himself from the meeting. 15.M. TO CON~IDER hl~ ORDIht~E TO AMEED THS CODS OF THE COUNTY O~ CKESTERFIELD. 1997. AS A~ENDED~ BY D~E TO OR DEFAC~ OF P~L~C OR PRIVATE FACILITIES ~ P~N~TIES FOR VIOLATION Mr. Minas sta%ed that 5his da~a and ~ime ha~ b~en for a publLc h~arin~ to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as a~ended, by addln~ ~ection 14-~6 relating to willful ~ud maliciou~ damag~ ~o de~acemen~ o~ public or privat~ facilltie~ and Denaltle~ for violation. Whoa asked, Mr. Micas stated that cable and telephone boxes considered as personal proper~y of she cable company. 0n mo~ion of Mr. McHale, seconded by ~rs. ~umph~y, ~ha adopted the following ordinance: ~ ORDIN~CE TO ~EWD T~E COD~ OF TE~ C0~TY OF CHESTERFIELD, 1~97~ AS ~ED, BY ~ENDING ~D R~ACTIMG $~CTIQ~ 14-22 R=LATI~G TO WILLFUL ~ ~ICIOUS D~GE TO OR DEFACEMENT 0F P~LIC OR P~VATE FACILITIES; PENALTY (1~ The= $~c=ion I4 22 o~ Lhe Code o~ the County Chesterfield, Virginia~ 1997~ as amended~ is amended and ~c. ln-~2. Willful and malicious damage to or defacement of Public cr Driva=e ~acilities~ destrcvin~ {a) It shall ba unlawful for any person to willfully and maliciously dama~ or deface any public buildings, facilities o~ p~on~l property, or any private buildings, facilities p~rsonal proDswty if the damags to the private proper~y is less punishable as a Class 1 misdemesnor. (b) Upon a finding of ~uilt in any casa tried before the court without a jury~ in the event the violation of (a) constitutes a ~irst o~fen~ which ~esults in property cGm~leticn of a plan of community servic~ work. If the ordered by the court, the court may make final disposition ~he ca~e and proceed as othe~i~e provided. If the community may discharge the defendant and dismiss the proceedings a~ainst him. Discharge and dismissal under this sabssc~i~n (b) shall be without adjudication of guilt and is a conviction only for the purposes of applying ~he ordinance in ~ub~equent proceedings. d%facement to property within ~he county, and may include, without limlta~ion, clean~up, beautification, landscapin~ or other appropriate community ~e~ice within ~h~ county. The community servic~ work rsquired and shall reDor~ thereon Zo She court i~posinq ~he retirement. At or before the time of sentencing under subsection (b), =ko cour~ shall receive and ~o~sider a~y plan for making restoration or perfo~ing community service submitted by'the defendant. Th~ court shall also receive and consider the recommendations of the supervisor of the community, service ia the county concerning~ithe plan. (d} Notwithstanding any other provision of the law, no p~rson convzctad o~ a violation of sub,action (a} ~hall be person shall make at lea~t partial restitution for the property damage or is compelled :o perform community service, or bo~h~ as is more particularly set forth in Va. Code § 19.2 305.1, as amended. {e) NO person shall break, injure or destroy any ghrub~ plant or tree in any park in th~ county. ~auy p~rgon who violates this subsection (e) shall be ~uilty o~ a class 3 (e), the director of the department of parks and recreation may issue written authorization ~o permit call,cains shrubs, plants or trees in any park for scientific or educational purposes. [~} NO person shall unlawfully trespass upon any park in the county~ or any propsr~y appurtenant ~hereto, after havinu been forbidden tO do ~O by a sign posted on suck property. ~y person who violates 5his subsection (f) shall be guilty of a misdemeanor punishable as provided in section 1-5. Ayes : Mr. Warren, Mrs. Humphrey, ~r. Daniel, and Mr. Ms,ale. Absent: Mr. B~rber. for a public hearin~ to consider an ordinance relating to enterprise zones an~ adoption of a resolutio~ supporting the that make improvements to their building will qualify for the BPOL relief if an investment of $1 million i~ made Or the that any business located within an Enterprise Zone would be eligibl~ for a tax r~bats tha~ would ~pply to machinsl-y and from outside oi the County sitar the Enterprise Zone designation~ and that rehabilitated commercial and industrial exemption for five years if the structure if fifteen y~ars old Mr. Jay Laffler~ representing the Chesterfield County Business Council~ stated that they support adoption of the proposed their efforts reparding thi~ iesu~. ~e ~tated that the Council also recommends ~hat additional relief is needed, nQ~ only in business development, He further s~a~ed tha~ they feel the businesses to the county. He stated that they support this $1 million and the eventual eliminamlon of mhe BPOL tax. Mr. Barber returned to the mee~in~. when asked, Mr. Lafflar sta~sd that the Council felt the $1 million was high for mo~t ~all businesses, however, they did Mr. ~arbsr requested that he be included on the committee. established by tk~ Business Council, that ie currently studying There being nc ohs else to address this ordinance, the public hearing was following ordinance: A~ ORDINANCE TO AMEND T~E COD~ OF THE COUNTY OF CHeSTeRFiELD, 1997, AS AMeNDeD, S¥ AMENDING AND ~EENACTING SECTION 6-~. R~LATING TQ TAX R~LI~E tek QUALIFIED BUSINESSES B~ IT ORDAINED by the ~oard ef Supervisors cf Chesterfield (1} That Section 6-5. of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to Sec. 6 5. Tax and fee relief for crualifi~d businesses in an Enter~.K~se Zmne. receipts Or purchases pursuant to this chapter, which is located in or makes improvements to a buildin~ within an Enterprise Zone d~slgnated hy the state, on or after the date relief doris§ the ~ax and fee relief period, of those taxes and purchases over the business' gross receipts or purchase~ during the base year. The bas~ year under ~hia s~c~ion shall be the calendar year immediately preceding ~he year ~hat the business initially q~ali£ies ~or tax and fee relief under ~hi~ year basis~ the base year shall be the fiscal year ending during the calenda~ year immediately preceding the year ~hat the business ini~ia!ly ~ualifias for tax and fee relief under this section. For a newly established business, a new branch or a business relocating ~rom outside Chesterfield County, base year amount shall be zero and the tax and fe~ relief period shell begin in the tax year that the business qualifies for tax and fas relief and shall last for four additional uax · ntemprise Zone in Che~terfleld Ceunty, whichever period is shorter. For existing businesses which are already located in Chesterfield County, the tax and fee relief period shall begin in the tax year after the business qualifies for the relief and shall last for four additional tax years, or far mo 10ng as the Co=n~y, whichever Defied is shorter. (b] A business shall qualify ~or the tax ~nd fee relief provided ~or in subsectie~ (a) as [1} If the business newly locate~ from outside any ~pace wi~hln any Enterprise Zone in Chesterfield County after the date on which the Ente1~pri~e Zen~ i~ u~tablished, it shall qu~llfy for tax and f~e relief immediately upon occupying building. {2} If th~ busineaa builds a new building which receiv~ its certificate o~ occupancy after the date on which the Enterprise Zone i~ established~ it shall qualify for th9 and fee relle~ immediately upon occupyin~ the building_ which receives its ~ernificabe of occupancy after the date on disbinct business from any other business which occupies ~he same building, it shall qualify for tax and fee i~mediately upon occupyin~ tbs building. (4) If the busines~ ~akes imprevement~ to an existing buildin~ within an Enterprige Zone that cost $1 million or more or that result in a ~i?teen percent or more increase in the asse~or~ it ~ball qualify for the tax and fee relief immedla~ely upon occupying ute buildin~ or, if the occupied the building prior to the completion of the improvements, immediately upon the completion o~ the improvements. (e} The basi~ for the license tax durln~ the tax and f~ relief period shall be the ~ro~ rsceipt~ or purcha~e~ du~ing year, whichever is less. (2) That this ordinmnce mhall become effective immediately upon adoption. And, further, the Board adopned the followin~ ordinance: AN ORDIN~Cg TO AMEND T~E CODE OF ~E CO~TY ~D REENACTING SECTION 9-31 ~LATING TO LO~TED WITHI~ ~ ENTERPRISE Ch~stsrfield, 1997~ ~s amended, is amended and reenacted to Sec. 9-31. Rehabilitated ~o~marciml and industrial real ~gtate lo~ated within an Enterprise Zone~ fa} Real e~tate located within an Enterprise Zone designated by the Commonwealth of Virginia which has been substantially rehabilitated ~hall be exempt from taxauion ~hject to the followin~ {1) ~y real estate upon whick there is a~ axistin~ commercial or industrial St~ctur~ ~hall be d~emed to have been s~stantially r~habilitatad when a structure 15 years old the structure by 1~ percen~ or more. structure shall be the ~ssesmed value of the structure prior to tko commencemen~ of rehabilitation as de~e~mined by ~he county assessor upon receipt of gn application for the tax exemption. {3} The tax exemption provided in subsection (a)(1} shall apply when the rehubi!i~a~ion is completed and the amount exempt from tax shall be e~al to the increase in assessed value~ i~ any, re~ulting from the rehabilitation asEe~ed commercial or industrial st~ctur~, ag datelined the county 5ssessor. The exemption shall apply only to any marker value of the qualified real e~tate dec,eases belo~ the base value, as de~ermine~ pursuant ~o ~kis section~ no credit cT refund shall be provided to the owner. five years. 96 7~4 (~) Nothing in this session shall be construed tc allow the county assessor to llst upon the land book any reduced herein. (b) Prior to begir~ning the rehabilitation, ~he owner of any real estate meeting the criteria stated in this section shall apply for the exemption on forms provided by the county. Upon receiving the application~ the county ae~essor ~hall determine the base value cf the s~ructu~a. This base valu~ determination shall be effectiv~ for two years from the date of determination, but applicants may .reaDply after this time period exlDire~. (c} Upon completion of the rehabilitation, the county assessor shall be ne~i£ied in writing and shall inspect tko exemption for that structure. NO proper~y sha~l be eligible for exemption unless the appropriate building permit~ hav~ been rehabilitation indicated on the application has been completed substantial rehabilitation, the county assessor shall employ {Code 197~, State law reference authority of County to adcp~ Section, Code of Vir~inla ~ 5~.i-322~ and ~ 59.5-283. {2} That this ordinance shall become effective adoption. And, further, the Board adopted the follow,hq ordinance: AN ORDINANCE TO AMEND T~E CODE 0F T~E COUNTY OF CMESTBRFIELD~ %997, AS AMENDED, BY AMENDING ~ND REENACTING SECTION 9 6{. RIELATING TO MACHINERY AND TOOLS USED BY CERTA~ SUS~SSSES LOCATED IN AN ENTERPRISB ZONE ~his upon BE IT 0~DAINED by the Board of Supervisors of Chests~£ield County: (~} That Section 9-64. of the Code of the County of Chesterfield, Vir~inia~ 1997, ~s ~mended, is amended and reenacted to read as follows: Seo~ 9 64. Rebate--Machlnerv and tools used by certain businesses lassoed in an Enterprise ~one. (a) Any business which is located in an Enterprise Zone deui~n~ted by the state, shall qualify for the rebate specified below, 5o ~he extent permissible under the Constltu~ion of virginia. [b) The rebate ~hall only apply fo machinery and tools that are {i] newly purchased, {ii] newly leased or {iii} ~rans~erred from outside the County, after the date on which the Enterprise Zone is established. Th~ rebate amount shall be the amoun~ of machinery and z©ols taxes paid by Lhe business sn all qualify~n~ machinery end tools. Provided, however, that if the business replaces machlnery and tools the5 were previously subject to a~sessment by the County, the rebate shall not exceed an amoun~ equal ~o Lhe increase in tax assessed on the replacement machinery and tools over the tax a~eeeeed on the machinery and tools that were replaced. {c} The rsbste period shall be~in on November 12, 199~ or the date on which the machinsry and ~ools are delivered ~o ~he business, whichever is later. The business shall receive the 11/12/97 rebate after Januaz]z 1st of the year loll©win9 the start of the rebate p~riod, for a p~riod of five tax years or for so long as the busines~ occupiesthe building, whichever period is {d) Any rebate available pursuant to this section shall first be used to satisfy any delinquent debts owed ~o county by the business. {2) That thi~ ordinanc~ shall become ~ffectiYs immediately upen (Code 197~, ~ 6-14.3) State EnteR'prise Zone repletions which allowed Chesterfield to be eligible ior multiple zone desisnation and also allowed ~HEREA$, Chesterfield now operate~ two Bnterprise Zones which %he incentives offsred by ~he County are 5h~ same; and WHE~AS, benefiting from the experience 0f implementin9 our exigting Enterprige Zones, th~ County now reCOg~i~ nee~m that WHEREAS, Chesterfield wishes ~o modify the Enterprise zone incentives tu bzoadmn ~h~ir applicability ~o be~ter mee~ the NOW~ THEREFORE BE IT RESOLVED, that the Chauturfiuld County Board of Supervimorm hereby acknowledges =ha= County is applyin~ to amend its Enterprise Zone incentives and application to amend the Enterprise ~one incentives o~ behalf of 5he CourtLy. ~D, BE IT ~THER RES0L~D, ~hat the Board states that it heSd a pub5i~ hearing on 5hi~ ~a~e, November 12, 1997, on zhe Chesterfiald~ Virginia to implement these proposed collaboration wi~h ~h8 Bur~er King Academy today. He furthez a classroom has b~en s~t up in th~ ~all where children have class three days a week. He further stated that November 15, 1~97 i$ County Recognition Day and will be held a~ Cloverleaf Mall. He stated tha~ Cloverleaf Mall ha~ al~o a~o~nced its most recent program entitled "Safe Place'~. ~e further stated ~hat the "safe Place" ioa y~utA at risk program which reaches Cloverleaf is the only and first 1OC~tion in ~h~ Mrs, ~umphr~y expressed appreciation tc ~r. Laffler for his efforts and partnership towards community programs. further stated that she will be unable to attend County Playoffs at Matoaca Kith School. She ~ished th~ Thoma~ Dale 96-756 On ~o~ien of Mr. McHal~ ~e¢~n~ed by Mr. D~ni~l, th~ Beard adjourned at 8:55 p.m. nnhil ~ev~mber 25~ 1997 at ~:00 p.m. Vote: U~e~imous L~r~/B. Ramsay" ' ~~---~.-..~. Arthur S. Warren Chairman