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12-10-1997 Minutes~upervlsors i~ Atte=da~lc~: Mr. Arthur ~. Warren~ Chairman Mrs. Runny B. Kumphrey~ Vice Chrm, Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. MOMal~, III Colonel Carl R. Pelice Department Mr. Craig Bryant, Dir., Utilities Ms. Marillrn Col~, Asst. County Ms, Mary Ann Cut, in, Dir., Legislative Services Ms. Becky Dickson~ Actin~ Dir., ~udgeU & Managemen~ Fire Department Mr_ Michael Golden, Dir., Parks and Recreation Mr. Br~d£ord S. ~ammer, Deputy Co. Admin., County Ombudsman Ms~ Tam~y D. Easkina~ Actin~ Clerk to the Board Mr, Tkomas E, Jacob~on, Dir., ~lamn~ng Mr. Donald Kappel, Public Affairs Mr. Louis Lassitsr, DiE, · nternal ~udit Mental Meal[h/Mental Rszardation M~. Mary Lou Lyle, Dir_, ACcountin~ Mr, Richard M. Dir_, Env. Mr. Gary McLaren, Economic Development C~unty Attorney Mr. ~r~¢is M, Pitaro, ~i.r., ~enaral services Mr. James J~ L. Ste~maier~ Duputy Co. Admin., 97-79~ Deputy Co~ Admin., Community Development Mr. Thomas A. taylor, Dir., Block GrenE Office Mr. Warren called the regularly scheduled meeting to order at ~:O© p.m. approved the minutes of Nnven~bsr 25, 1997, as submitted_ ~r. ~arren stated that ~r. Ram~y will be unable to attmnd ~he meeting today due to hh~ de~th cf hie father. He expressed sympathy, on behalf of the Board, for the lo~s in hi~ family. He Stated that Mr. Hammer will be representing Mr. Ramsay at Mr, ~ammer stated Zhat staff met with Deloitte and Touche this afternoon regarding finding~ and recommendation~ of this pa~t year'~ audit. ~ then introduced Mr. D~nald Dcdso~, wilt Deloitte and Touche. Mr. Dodson recognized Ms_ Sara ~ardner, th~ County'~ Audit Senior wi~k De%nitre and Touehe~ who was presen~ meeting. ~e s~ated ~hat they met with the County's Budget and Audi~ Commi55ee this afternoon and reported that De2oitta and Touche had issued an unqualified opinion on the £inmncia% statements of the County. ~ further ~a~ed tha~ they received co,plebe cooperation and ~u~porg from Lhe County during this ~r. Denis1 ~ta~e~ tha~ County staff and mhe diligently during this pro~e~g and that this is another measure of the high quality performance of the County. ~e further stated that the recommendations for continuous i~provement are becoming fewer and mor~ tach, ice% in ne%ute, which reflects the financial s~rength of ckes~erfield ,..-~_. M~. Eliz~b$~h Fickling, with the Accounting Department, who were presem~ a~ the meeting. He stated that these individuals ~7~7~ Mr. McHale stated that cooperation between the County and auditors assmst the County in keeping cost down and that this i~ a tribute ~o the management efforts of everyone involved. Ee commended Accounting staff for their sustained record of excellence. He noted that the Accounting Department also received a Certificate cf Achievement for Excellence in their ~r. Hammer introduced Mr. Willia~ Howell, a member of th~ C~ntral Virginia Waste Mana~emen~ Authority LO present an overview o~ changes in the curbelda recyclin~ program_ He recognized Mr. John Mitchell, Executive D~rector~ and ~r. Bob Dunn, former Chairman uf the C~ntral Virginia Waste ~anagement Au~hori~y~ who were present at ~he meeting- Mr. Howell stated that the Curbside Recycling Program beget as a pilot program in ~991 and that Chesterfield has been a majoz player in the Program ~ince its inception. He slated ~hat approximately I9~,000 homes region wide are ~ part o~ the Program and approximately 62~Q00 of those homes are located in Chesterfield County. Hs further stated that the regional Curb~ids Recycling Program is the largest recycling program in the Commonwealth and one of the most economical. He 5hen reviewed 1997 cumbside recycling routes and changes in the 1998 r~utes- ~e presented packets to each Board member regarding th~ ~Iogr~m ~nd a brief outline Qf %he public infc~mation campaign chat will be conducted regarding ~hange~ in the Pro,ram. ' He sta~ed that he feels the realignment of the recycling routes will provide better service to the County's customers. Ke recognized Mr, Danny ~olly, Division President the meeting. There wa~ brief discussion relative ~o the changes in the Pro,ram allowin~ for a~ditional citizens to be served ~ith the same number o~ trucks and to ~he percentaqe of home~ eligible to participate in the Curbside Recyellng ~rOgram. Mr. Hammer introduced Dr. Lows who ~tazed that twelve programs provided by the Chesterfield Cem~ity Services Beard have serf±ed three year accreditation from CARF, the nationally recognized Rehabilitauion Aucrediuauioa Commission. ae further sta~ed thai this represenus the highest level oZ accreditaEion achievable. Me stated that Chesterfield is the first Community ~ervices Board in Health Planning Region IV (the Riehm©nd metropolitan area) and one of only =hree Community Services Board's ~n the entire State, to earn accreditatio~ by CARP, He noted that in reco~nit£on Of thi~ out,tending achievement, ~overnor All~n declared November 19th a~ "Chesterfield Community Services Board Day" in the Commonwealth of virginia. M~ recognized s~veral staff of the Community Services Board whe Mr. Warren commende~ the Community ~ervlc~s Be~rd on their Mr. Hammer recognized Me. Diekson and stated that the and Canada (OF©A) hen awarded Chesterfield the Distinguished Budget Presentation Award for the fiscal year beginning July 1, highest for~ of recognition in governmental commended Budge~ sta££ for Shelf of the recent fire at ~he Old Buokln~ham Station Apartments. chief Dolezal st&t~d that e fire occurred et the Old Buckingham deaths or injuries a= a reuulu of =he fire, ~e further stated ' tha~ preliminary dama~m estimates tetele~ $650,000 and the fire %he Boar~ o£ the cause o~ the fire when kno'w~n. ~e further etat~d that DeDuZy chief Paul Shorter commanded the incident media, and to the residents for their efforts and cooperation for their support in providing the necessary resources to the Fire Department to handle emergencies such as this. when asked, he stated that Swift Creek Fire Ststion wa~ in ~e~-vice end on evacuation of the buildinq began. Hu further stated ~hat the fire required approximately one and one-half hours to bring under con~rul. ~ha Building Code in Virginia to mandate sprinklers in attecs. Me ~urther stated that he feels the Building Code needs to be strengthened in an effort to help this, Chief Dulezal expressed appreciation to Mr. Barber for his initiative to strengthen the Building Code. ~7-802 Mr. Warren also commended Mr. ~arber for his initiative which MrS. H~Dhrey ~tated that ~he feel~ sprinkler~ in attics is a logical idea. she expressed appreciation to the City of Richmond for their ~$si~t~nce in the fire operation, she reemphasizsd thai the Chesterfield County Fire Department arrived on the scene in six minutes ~nd secured the live~ of the residents in the building. She commended Fire Department ·¢ARD CO~ITTEE REPORTS were no Board Comma%tee Reporss at ~his time. On motion of Mr+ Mc~ale, seconded by ~r. Barber, the Board replaced Item 8~A.4.~ Nomination/Appointment to the Disability ~ervices Board; added Item ~.D.16.a_, Adoption of Ceniirming Proceedings of the Chs~terfisld Industrial Development Authority for Fin~nc±n~ of Industrial Revenue Bonds fo~ Commonwealth Biotechnolo~ie~, I~corporeted; added item Fisher Upon Atuainln~ the Gold Award; added item Resolution Naming the Appomattox River Brzdqc "The C. Hardaway Mer~ B~id~e~'~; end repSaced Item 16.J., Public Rearin~ to Consider Adoption Of a Concurrent Resolution and /~-tic5en of Incorporation Creating the Greater Richmond conventL0n Center There were no Resolutions and Special R~cognitions a~ ~hie 6. WORK SESSION~ There were no Work session~ at thi~ tim~. 7. DEFE~ED ITEMS 0 STREETLIGHT ~NSTA~_LATION COST AP~ROVALS ©n motion uf ~r~. Humphrey, seconded by Mr. Mc~ale, the Board approved the ~ollowin~ streetlight ~n~tallatiOn co~t ~pprovale: 97-80~ 12/10/97 G%enlivet Drive, vicinity of 6105 Cost to infO,il'tight: * Glenlivet Driver vicinity of Cost to instal] iight~ Glenlivet Drive, vicinity o~ 6223 Cost to install light: $1,199.94 Vote: Unanimous UBINE~B A}POI On motion of ~r, Daniel, seconded by Mr. McBale, the Board suspended its rules to ~imultaneously nominate/appoint/ ' reappoint members to serve on the Appomattox River Water Authority; the Community Services Board; th~ ~e~$onnel Appeals Board; and the Disability services Board. 8.A,1. APPOMATTOX RIVER WA~ER AIITHORITY On motion of Mr. Daniel, ~ucondud by Mr. McHale, the hoard simultaneously nominated/reappointed Mr. L~n~ B, ~a~sey~ representing th~ County a~ l~rgs, Zo serve on the Appomat~o~ River Water Authority~ who~e teTm im effective immediately and will expire December 31, 2001. CO~3NITY SERVICES simultaneously nomlnated/r~appc~nted M~. Susan Kalanges. represen~in~ Bermuda Dietrlet: and Ms. Eunice Griffin, ~e~re~ntin~ Matoaca District, to serve on the Community will expire December 31, ~09, On motion of Mr. Barber~ ~ec~nded by Mrs. Huaphrey, the Board ~imult~neously nominated/appointed MS. ~ebecca Harriso~ to serve ~ the Persorn~el Appaal~ So,rd, whose term is effective Qn motion of Mr. McHale, seconded by Mrs. Humphrey, the Board ~imultaneously nooinated/appointed/reappuint~d Ms. Anne McKenneyj representing the County at-large; Mr. Alfred Cobbs, Clover Hill District; and Ms. Ellen Davenport, rapresentinU Bermuda District, to serve on the Disability Services Board, whose terms are effective January 1, L~8 and will expire Vote: Unanimous B.B. STREETLI~ET INSTALLATION CO~T APPROVALS On motion of Mr. Daniel, seconded by Mr. MoRale, the Board approved the following streetlight installation co~t approval: Cost to install light~ 8.C. A~OPTION OF THE CHESTERFIELD COUNTY 19~8 LEGISLATIV~ When asked, Ms. Cur~in ~ta~ed ~h~t ~he County strives to work with fellow Legislative liaisons in other localities to find common ground in legislative requests. She further stated that the County w~nt~ to ~upport other local~tie~ when ~ea~ibl~ and the county seeks their Suppor~ a~ w~ll. she ~hen presented an overview of revisions to the 1998 Legislative Program including a minor wording change to Priority Item 2. which deals with requirements for remitting sales taxes: ~eved Priority Item ~., aos~teratin~ construonion of Route 28S from the support request; rewordin~ o~ Support Item 3-~ fundin~ for the Regional Competitivenen~ Program; d~leting ~he l~91sla~ive r~ques~ which would clarify she code of vimginia provi~ions and r~ulations ~overning VRS eligibility for disability and ~ive localities the authority to contest VRS disability determinations; deleting the legislative request to amend tko County Charter ~u allow ~he ~oard o~ £uDervisors to appoint memb~r~ of ~h¢ Board of 5oning A~paals ("~ZA'~) ~ adding an additional Priority Item te protect current revenues; adding an additional item ~o the support/oppose category which would support legislation to remove Chesterfield from the Clean Puel ~lee5 Program; and addin~ an additional item to the ~upport/oppose category which would oppose l~gielation which limits the ability of local governments to regulate ~he p~ovision of emergency medical category indicating County support for th~ VACQ and ~L legislative priorities. 97 804 Mr. Daniel stated that ha does not have a problem with the VACO and VML priorities and that the County has always supported only issue is a lack of consensus regarding the wording dealing with the personal properuy tax proposal of Governer Elect Gilmore. E~ stated that he is willing to vote for the support of the two associations, with the knewled9~ that this canner be interpreted as consensus on the details of how the ¢~r tax preposal will ultimately be administered. On motion of Mr. McNsle, seconded by Mr. Barber, the Board adopted the 1998 Legislative Program, a~ amended. Vote: Unanimous Mr. Berber clarified that his re~uest was included in the me,ion ~o adopt the Legislative Program and would include an additional support item indicatin~ ~hat the County supports the · VACo and V~L legislative priorities. Mr. Barber made a me, ion, seconded by Mr. MoMars, ~or the Soard to add an additional legislatfve item that would "request legislation that the building code provisions for apartment buildings be modified to r, quire sprinkler systems which meet the s~dards iar commercial buildings. Fire sprinklers ~hould be installed in attics, on balconies and in o~her locations currently not provid=d with fire sprinkler protection." Mr. Barber stated that there are several national organizations that provide standards for fire protection one being the National Fire Prevention Association. He briefly referenced Section 13 o~ th~ Annoeiation~ Fire Preven=ion Code dealing with commercial development standards which requfrs sprinkler systems in c~rtain areas and to Section 13R which has no requirements for ~prinkl~r~ in a~ies, decks, or other areas. B~ stated that it is his intention ~o request the County's Legislative Delegation to incorporate the addiuionel standards of Section 13 into Section i~R that would incorporate sprinkler that there are many e~amples of fires reaching the attic space and that he feels the Board needs to address some type of fire prevention/fire suppression in th~ attic space. Ke stated that he feels it is very £mportant for the Board to send the strongest message possible to the General Assembly and to the buildin~ community that the County want~ the absolute maximum standard in fire prevention. Ke noted that it iS withi~ the authority ef %he G~neral Asse~%bly to amend and adjus~ ~he building codes. There was brief discussion r~la%ive ~u Mr. Daniel suggesting t~t Mr. Barber's motion include all apartments~ whether old or Mr. Daniel stated that details regarding the sprinkler system in~ue will b~ handled through discussions a~ ~ha General Assembly, ~e su99esZed that when this legislation is pas~ed~ ~/~0/~ 97-~0S these type o~ ~ires in n~wer designed multi-family units as Mr. Warren stated that staff may have to work on the wording of Mr. ~arber's raquest~ but the philosophy is good. Ke further stated that, through Mr. Barb~r~s initiative, the Board is setting a policy in motion that hopefully the General Assembly will endorse. allowing the Building O~iclal, the Fire Marshal's office, the Fire Chief's staff, and the legislative staff the opportunity of reviewing the actual text regarding this issue and Mr. ~arber having a ~inal review of ~he language before this request is s~nt to the General Assembly. Mr. Barber emphasizmd that it is not his intention and h~ is not willing to en~ertain~ at ~is point and time~ a s~udy o% ~he issue. He stated tha~ iX ~h~re are other viabl~ cptions~ they may be presented~ however, ha will be disappointed if the G~ral A~mbly chooses to send the issue to ~ study ~ommittee. Mr. Warren called for the vote on the motion made by Mr. Barb~r~ ~conded by Mr. McHale~ for the Board to add an additional legislative item that would "request legislation tha5 the building code provisions for apartment building~ be modified to require sprinkler systems which ~eet the standards for commercial buildings. Fire sprinklers should be installed in attics, on balconie~ and in O~h~r lock,ions currently net provided with fire sprinkler protectiog." 8.D.1. APPROVAL OF COMMtT~ITY EN'~tA~CE~4~NT ~.~0~AM FtTND~ ~0~ A WALKI~ TRAIL AND 5ANDSCA~I~G AT B~LEY ELE~4ENTARy ~CHOOL On motion of Mr~ MCH~i~, seconded by Mrs. ~umphrey, th~ Board approved uh~ u~ilization of $D,500 in Gommuni~y Enhancement Program fun~s ~or the installatlou of a fitness walking trail and landscapin~ at Ben~ley Rlementary School. 8.D.2. AUTHORIZATION TO EXECUTE A M]~4OPu~2~D~OF UN~Fa~.R~ANDIN~. ~N~HE CO~Y ~ T~E VIRGI~A DEP~ O~ CORRECTION~ FOR USE OF A F~E~S ~GE authorized 5ha County Administrator to execute a ~emora~dum of Underotandin~ between the County and the Virginia DepaI=~=n~ of ~7-80G Corrections property located on Cour~heuse Road until December AIF~HORIZATION TO ENTER INTO A LEASE A~R~4~NT COMPLEX On motion o~ Mr. MoHalk, ~cond~d by Mrs. ~umphrey, the authorized the County Administrator ~o enter in~o a leaae agreement with Commonwealth Two corporation for u~e of the Coal~ield Soccer Complex from Janua~ 1, 1998 throu~h · Vets: Unanimous 8.b.4. ~TATE RO~.D This day the County Environmental Engineer, in accordance with directions £rom this Board. made report in writing upon hi~ examination of the road in Promontory Pointe~ ~ection 2~ Clover Hill District, and Whersae~ the Rseident Engineer for the Virginia Department of Transportafion has advised the ~irector of Environmental Engineering, th~ ~tre~t in 9rOmOn~ery Points, ~ection 2~ Clover Hill District, ms,ts ~he rsq~irsments established by the subdivision Strsat Re_qulrem~ts o~ the Virginia Department of Transportation, and whereas, the county and the Virginia Department o~ Transportation have entered into an affreement~ recorded in ~eed Book 2453~ Page 405, January 21~ 1994, for 511 stormwater detention/retention facilitie~ in the Coun~y~ Therefore, upon consideration whereof, and on motion of Mr. McHale. seconded by ~r~. Humphr~y~ it is resolved that the road in ~romontu~y ~ointe, Section 2~ Clover ~ill District, be and it hereby is established ac a public road. And be it further resolved, that the Virginia Department of Tr&nsportation, be and is hereby requested to take into the Secondary System, purauan% to section 33.1-229, Cods of Virginia, and the Department's Subdivision ~treet Requirements. the following: Name of ~treet: Promontory Placs Length: 8.04 miss o~ Hurbour Pointa Road, ~tate Route 3200 97-~07 Cul-de-sac, 0.94. mile north o~ Pr~m©nt~f Point~ Road~ state Route 3224 Guazanteed Rigkt-of~Way Width: 40 feet. This request ts inclusive of the adjacent slop~ sight distance, clear zone, and demignated Virginia D~partment of Transportation drainage e~s~ments indicated on th~ developmen~ section 2~ Plat Book 90, Pa§e 44, May %, 1996. This day the County Environmental Engineer, in accordance with dir~ctlons from this Board, made report in writing upon his Wher~a~, the Resident Engineer for the Virgini~ Department o£ Transportation has advised the Director 0£ ~nvironmental ~ngineerin~ the street, Cornerstone Boulevard~ Dele Dist~ict~ ~eets the requir~ment~ emt~blishcd by the Subdivision ~tre~ Rs~uirement~ of ~he Virginia Department of Transportation, and Whereas, the County and the Virginia Departmen% off Transportation have entered into an aqre~m~nt, recorded in Deed detention/retention facilities in the County. McHale, me¢onded by Mrs. Humphrey, it is raeolved that road, Cornezstone Boulevard, Dale District, be and iz hereby is eszablished as e public road. And be it further resolved, that th~ Virginia D~partm~n~ of Transporta~ion~ b~ and is hereby requ~$~e~ ~o ~ake into the Secondary Sys~sm~ pursuant to Section 33.1 ~29, Code of Virginia, end the Depart~e~t'~ Subdivision Street Requirements, the following: ~amu uS S~re~t~ Cornerstone Boulevard Length: 0.10 milu F~O~: Turne~ Reed, State Route 645, ~.~ mile south of End of ro~d~ o. IO mile eas~ of Turner Road, State Route 643 Guaranteed Right-of-Way Width~ 70 feet- This r~qu~s% im i~clusive of the adjacent slope, sight di~tance, clear zone, and designated Virginia Department of Treneportation drainage easements indicated on ~he development pl~t. Cornerotone Boulevard is recorde~ as follows: Plat Book 2S26, Pages 503, 504~ 505, 505, 507, 50~, 509, 510, and 511~ February 29, 5996 Vote: Unanimous This day the County Environmental Engineer, in accordance with directions ~rom thiE R©ard, made report in wriKing upon his examination of %he roads in Carter's Mill, Section ~, Ma~oaca Distric~ and Transportation has advised the Director of Environmental Engineering, the streets in Carter'~ M±ll~ Section 4, ~atoaca District~ meet uh~ ~equir~ents established by the Subdivision : Transportation, and Whe~eas~ the County and ~he Virginia Departmen~ of Transportation kave enk~zed into an agreemsnt, recorded in Deed aook 2453, Page 405, January 21, 19~4, for all stormwater detennion/~etention facilities in the County~ Th~e£ore, upon considsration whereofi, and on mstion of Mr. MeKal~ seoonded by Mrs. Humphrey, i~ is resolved that roads in Carter's Mill~ Section 4, Matoaca District, b~ and they hereby are established as publlo ~_ud be i~ further re~olved, that the virginia Department of Transportation, b~ and is hereby requested to take into tke S~cond~ry System, pursuant to Section ~.1-~9, C©~ Virginia~ and =he Department's Subdivision $~ree= Requirements, the following: east of Carters Way Boulevard~ State Route 6000 State Route 6000 Guaranteed ~igh~ of Nay width: 50 Name o~ Street: Carters Crossing Way Len~th~ 0.20 mile From~ C~rt~r$ Va%lay ~oad, 0.20 mils south of Carters Way ~oad To: Caz~ers Way Road, 0.28 mile east o~ Carters Way Boulevard~ State Route 6000 Gua~ant~ed Right of Way Width: 50 Name of Streen: Cartsr~ Croe$1n~ Court Len~th~ 0~0~ mile Fro~ Cul-de-sac, 0.09 mil~ w~t of Cartez~ Czos~ing Way To; Carters Crossing Way, 0.0~ mile south of Carters Way Road Guaranteed Right-of-Way Width: 50 distance, clear zone, and de$ignat~ Virginia Department Of Transportation drainage sasement~ indicated on the development plat. The~ roads serv~ ~5 lots. This section o£ Carter's Mill is recorded as follows: Section 4, Plat Book 85, Pa~es ~8 and $~, ~ug~ %9, 1994. This day the County Environmental Engineer, in accordRnce with directions ~ro~ thi~ Board, made report in writing upon his examination of the roads in Reedy Nil2, ~ectiOn C~ ~toaca District, and Whsrea~ the gesiden~ En§inasr for the Virginia Department of Trsneportation has advised the Director of Environmental ~ngineering~ the streets in R~ed¥ Mill, ~ection C, ~atoaoa District, meet th~ requirsmmnte established by nhe Subdivision Street Rec~irement~ of the Virginia Department of Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2~53, Page 405, January 21, 1994, fo~ all stormwm~er detention/retention facilities in the County. Therefore, upon oonsideration whereo~ and on motion of Mr. McKale, seconded by Mrs. Humphrey, it i~ me6olved that the roads in Reedy Mill, Section C~ Ha~oaea Di~rict~ be a~d they hereby are established as public roads. And be it further resolved~ that the Virginia Departmeut of Transportation, be a~d is hereby requested to uake into ~he Virginia, and =he Department'~ Subdivimion Street Requirements, the following: Name of Street: Waterfall Cove Drive Length; 0.4~ mile From: Temporary cul-de-sac, 0~5 mile southwest of Springhouse Way To~ Cul-de-sac, 0~18 mile northwest of ~pringhcuse Way Guaran~esd Right-of-way width: 50 feet+ Name of Street: Sprin~houma Nay Length: 0.~? mile From: Waterfall Cov~ Drive, 0.%4 mile west of Springhouse Existing Springhouse Way, ~tate Route 3694~ O.O7 mile we~t Of Springhouse Drive, State Route 34~ ~uaranteed Right-of-Way Width: 50 fee%. 97-810 From: Cul d~-sac, 0.26 mile west of Springhouse Drive, State Way Name of Etre~t: Waterfall Cove Court L~ngth~ 0-04 mile From~ Waterfal~ Cove Drive, 0.08 mile north of Springhouse way To~ Cul-de-sac, 0.0~ mile east of Waterfall Cove Drive Guaranteed Right of Way Width: 50 f~et. ~ame of Street: Springhouse Drive Lenqth~ 0,05 mile From: End of road, 0~09 m~le north of Springhouse Way~ State This request i~ inclu~iv9 o~ Yke adjacent slope, sight Transportation drainage easements indicated on the development This section of Reedy ~ill is recorded as followg: Section C, Pla5 Book $3, PaDs L~, January 5, Vote: Unanimous This ~ay the County Environmental Engintar, in acaozdanee with directions [rom this Board, made rtport in writing upon his e~amination of the roads in Westbuz~ Transportation has advised the Director of ~nvi~Onment~l the streets in Westbury, Mahoa~a District, m~et rsqulrements established by the Subdivision Street Whe~eas~ the County and the Uirginia Departmen~ of Transportation have entered into an a~reement, recorded in Deed Book 2453~ PaDs 405, January 2%, ~99~, for ~ll stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, ~nd on ~otion o~ Mr, McMale, seconded by ~fs- Mu~phroy, it is resolved that the fords in W, stbury~ ~ato~¢~ Distric=, be and they hereby are established as public roads. ~d be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take inho tls Secondary Systam, pursuant to Section 3~.1-229, Code of Virginla~ and the Departmemt's Subdivision the fallowing: From: Cul-de-sac, 0.2~ mile south of P0rtors Mill Road, State To: Existin~ Westbury Ridge Drive, State Routs ~99~, 0.02 mile sou~h of Po~ers Mill Road, State Route 334L Guaranteed Variable Right c~ Way Width: 40 to 50 feet. From: Westbury Ridge Drive, O.0~ mile south of Porters Mill Read, $~a~e Route 3342 TO: E~d O~ road~ 0.09 ~ile east of Westbury Ridge Drmvs Guaranteed Right-of-Way Width: 40 feet. Nams of Street: Wes~bury Knoll Lane Length: O.Q3 mile From; Col-ds-sac, 0~03 mile southwa~t Of We~tbury Bluff Drive To: Westbury Bluff Drive, 0.09 mile ~ast of Westbury Ridg~ Drive GuaranLeed Right-of-Way width~ %~ feaR. Nam~ cf Street: Westbury Ridge Court Lenw~h: 0.03 mile From: Westbury Ridge Drive, 0.1~ mile south of Porters ~ill Road, $~a~e Route S~4l TO; Cul-de-sac, 0.03 mile we~t Of We~tbury ~idg~ Drive G~&~anteed Right-el Way Width: 40 feet. This regues~ is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of T~nepOrtati~n drainage easements indicated on the d~velopmen~ plat. These roads serve 36 lots. This section of Wes~bu~y is recorded as follows: Plat Book 84~ Page 60, June 14~ 1994. VOte: Unanimous AWARD O~ CONTRA~TS 8.D.5.a. WITH WACO. T/{CORPO~TED FOR 7'HE gWI~T CREEK WATFP On motion of ~r. McHale, seconded by Mze. ~umphrey, the Board authorized the County A~minis~ra~or to enter into a contract wi~h Wsco~ Incorporated, in ~he amount of $315,777.0~, for the Swif~ Creek Water Treatment Plant Chlor~mina~ion System Project, and authorized the County Administrator Zo a~ecuts the necessary documents. (I~ ~s noted that funds for the prc~ect ara available in the current Capital Improvement Program.) amount o~ $711,$75.00, cuntin§an~ upon the Industrial Development Authority enterin~ into a development agreement with the Meadowvillc Yrust, for the Meadowville Water Main, the Droje0t are available in the current Capital Improvement Program.) P~OJECT 0n motion o~ Mr. McHale, seconded by Mrs. Humphrey, the Board R~horized the COunty Administrator to enter into a contract with ETS Water and Waste Management, Inco~orat~d T/A Stymie ~. Lyt~le Company, in ~he amount of $835,701~9Q, contingent upon 5he Industrial Development Authority en~erin~ into a development agreement with the Meado~ille Trust, for th~ Meadowville Tract, Phas~ I, On-~iLe Trunk Sewer Project~ and authorized ~h~ County AdmlnlstraZor no e~e~ute th~ nece~mary documents. {It is noted that fund~ fo~ the project are availablu in tho current Capital Improvement Program.) Vote: Unanimous On motion of Mr. McHal~ seconded by Mrs. ~umphrey, the Board authorized the County Administrator to ~nt~ into a two-phased professional servicen design contract with The De~i~n Collaborative ~or the design of ~he new LaPrade ~ranch Library; authorized Phase One at a cost of $142,000 to allow the project to immediately proceed through d~si~n development; and authorized the County Administrator ~o award Phase Two in FY99 a~ a cost not Lo exceed $327,100. Vote: Unanimous ~-D~ 5.e. WIT~ ~0DEEY ~ND EON. INCORR0~ATE~FOR TKE POCAHONTAS STATE PARK WATER TMP~L~NTS_.PROJECT After brief discussion, on motion o~ Mr. NcMale, s~eonded by Mrs. ~umphr~y, ~he Board authorized the County Administrator to an~er into a contrao~ with Gods~¥ and ~on, Inco~-Dorated, in the Improvements Project and authorize the County Administrator to contributions to the Project. On motion of Mr. MOH~le, seconded by Mrs. Humphrey, the Board ~cc~pted the 0onveyance of a parcel of land containing 0.043 ~ores along Jefferson Davis Bighway from Chusterfield Cablevieion, Incorporated, a Virglni~ Corporation, and authorieed the County AdMinistrator to execute the necessary deeD. (It is noted a copy of the plat is tiled with the papers of this Board.) ONE FOR ~E ALTERATIONS/ADDITIONS ~0. T~R On motion of Mr. McHale, seconded by Mrs. ~umphrey, the ~o~Id approved Change Order ~u~er One~ for an imcrease of $41,345.21, ior the Alterations/Additions to the Utility 0potations center Project and authorized the County Administrator to e×~cute the necessary documents. (It is noted that funds for this project increase ar~ available in the current Capital Improvement Program.) On mo~lon of Mr. McMale, seconded by Mrs. Humphrey, the Board approved a change Order to the constr~otlo~ contract to Shoosmith Brothers, Incorporated. in the amount of $1~,772.84, £or additional site improvements at ~he Southern Area T~anefer Station. (It i~ noted that funds are available in the project.) ADOPTION OF RESOL~3TION~ FOR C~GEE IN T~E SECONDARy ~¥~T~14 OF ~TATE HIGRWAYS On ~ouion of Kr. McHale, ~econded by Mrs. ~umphrey, the Board adopted the follcwin~ re~oluticn: 97-814 Tk~ virginia Department of Transportation has provided the Board of Supek~visors with sketches depicting the additions, system of state highways a~ a result of the Bull Street Road Project ~ 0360-020-P21, C$02, Cournhouse Road Project 9 0653- 020 BS~, C501, and the Rockwood Park Rntrance Project ~ 0744- by reference; and WEEREAS, the portion of old road identified to be dimccntinued is deemed to no longer ~e~ve publi~ convenience warranting maintenance at pub~i~ m×pense; a~ portions of old roads identified to be abandoned and those NOW, THEREFORE, BE IT RES©LVEDr that the Board c~ Supervisors requests the Virginia Department of Transportation to add to the secondary ~y~t~m of $~ highways those portions ~33.1-229, Code of Virginia~ AND, 2E IT FURTHER RESOLVED, that the Boaxd Supsrvimors concurs with nba discontinuance as part of the secondary system of state highways, that ~ortion of road, identified by the sketch to bs discontinue~, pursuant to 150~ Code of V~rginia. AND, BE IT FURTHER RESOLVED~ this Board abandons am part cf the secondary system of state highways those p©rtiong of roads identified by the sketch to be abandoned, pursuant to ~33.1-1~$, Cod~ of Virginia. ~_ND, BE IT FURTHER RBSOLV~D, that a certified copy of this resolution be forwarded to the Resident ~ngineer for the virginia Department of Transportation. FOR THE HOPKINS ROAD RELOCATION PROJECT On motion of Mr. McHale, seconded by Mfs. Humphrey~ the Board adopted the following resolution: W~EREAg, the Virginia Department of Transportation has provided the Board of Supervisors with a sketch depicting th~ additions, discontinuances and renurabering, required in th~ ~cond~ry ~y~em of ~tate highways as a result of ths Hopkins ~oad ~=location Project 4 0657 oxo-221, csol, which sketch is hereby incorporated herein by reference; and, discontinued are deemed to no lon~er serve public convenience wafrantin~ maintenance at public ~xpense. 97-S1~ Supervisore requests the Virginia D~partm~nt of Transpor~atiom to add to the secoadaz~zsystem cf stat9 highways those portions of road identi~£ed by the sketch to be added pure,ant to §33.1 229, Code e~ Virq~nia; and, BE IT FURTEER RESOLVED, that the Board of Supervisor~ concurs with the discontinuance as part of the secondary ~ymhem of state highways, those portions Of road, identified by the sketch to be discontinued, pursuant to ~$.~ ~50, code of Virginia; a~ BE IT FURTHER RESOLV~D~ that the Board of Snperv%$o~ ~equ~st that th~ Virginia Department of Transportation a~crdingly renumber as part o£ the sesondmry system of s~ate highways those portions of road identified by the ~ketch to be renu~bered; and, B~ IT FURTheR R~$OLV~D~ that a certified copy Virginia Department of Transportation. LA~D_ALON~ C0~BTBL RO~D FOR EXPAI~SION OF ~EADOWBKOOK ~tG~ 8.D.9.a. ~OM R0~TTA B, BROWN On motion of M~. Morale, sa=onded by Mrs. Humphrey, the Board a~Droved the purchase o~ a parcel of land contuinin~ .354~ acres al~n~ Cosbill Road from Rosette B. Brown, in the amount of $64,765.00, for expansion of ~adowbrock ~igk School. (It is noted that a copy of the vicinity sketch is filed with the papers of this Board.) On motion of Mr. McHale, s~ccnded by Mrs. Humphrey, the Board approved the purchase ~f a parcel o~ land ~ontainin9 .3.795~ acres alon~ Cogbill Roa~ from Melissia G. Wingfield, in th~ amount of $12O,SS0.00, for expansion of Meadowbrook High School. (It i~ uot~d that a copy cf the v£cin~ty sketch is filud with the papers o£ thi~ Board,) VOte: Unanimous acres alon~ Cogbill Road from Willis H. Karvey and Nellie A. ~7-816 Karvey, in the amount of $9~,~00.00~ for expansion of Meadowbrook Kigh School. (It is noted ~hat a copy of the VOte: Unanimous On motion cf Mr. McMale, seconded by Mrs. Kumphrey, uha ~oard approved th~ l~ase u£ County-owned property au 1211 Meadowville Road, on a month ~o month term, in the a~cunt of $700 per month, for residential use and authorized the Chairman of the Board and the County Adminigtrator ~o execute ~he necessary leasp. {It is noted that a copy of =he vicinity sketch is filed with the papers of this Board.) Vote: Unanimou~ APPROVAL OF LEA~ WITH On motion of Mr. MoRale, =econd~d by Mrs. Kumphrey, the Board approved a lease wi~h Providenu~ Assooiates~ L.C. for office spaced located ~t 20 North Providenc~ Road, Richmond. Virginia for a north Police Department precinct, ~ffective April 1~ 1998; transferred Sg0,000 from the C~pi~al Project9 Pun~; and authorized the county Administrator to execute ~he necessary lease a~reement, subject to the approval as to form by the County Attorney. AUTHORIZATION FOR POLICE DEPARTMENT TO APPLY FOR A FEDERAL GRANT TO FUND SERVICES FOR T~E DOMESTIC VIOLENCE COORDINATOR PROGRAM On motion of Mr. McMal~, seconded by Mrs. Mumphr~y, the Boar~ authorized ~ke Police Department to apply fur a Criminal Justice Services V~TOP Grant, in the amount cf $47~040~ to continue ~he Do~e~tic Violence Coordinator Pro,ram and appropriate the necee$~ry fun~ when approved. 8.D.13. SET DA~T~T~OR~BLiC HEARIN~ TO CONSIDER.TH.E_C_~_AN~E OF A PARCEL OF LAND IN THE_..%IRPORT INDUSTRIAL PAP~ on motion of Mr. MCHale, seconded by Mrs. Humphrsy, the Board set the date of January 1~, 199t at 7~00 p.m. for a publi~ hearing to consider the conveyance of a 3.S7 acr~ parcel of land in the Airport Industrial Park (Airpark) to Tredepar Film 8.D.14. TRANSFER OF DAL~kND BE~-DA DI~TRTCTS T~EE ~ENT ROAD transferred $2,500 in DaLe Di~tr£Ct Three C~nt Koad Funds and $~00 i~ ~srmu~a District Three Cen~ ~oad Funds to the School Board to purchase band unifo~-ms a= Lloyd C. Bird High School. On motion of Mr. Mc~aI~, seconded by Hrs. Humphrey, the Board approved and approprlat~d £unds~ in the amount of $24,S74.19~ ~or Grant Amendment Number One (1) for th= Off site Obstructio~ Removal Project, 3 5~ OQ07 10 between the Federal Aviation Administration and the County of Ch~e~£ield. {The total change order amount is $26,183.36 ($1B~565.00) FAA funds~ ($1,~39.17} State funds, amd ($1,309.17) County match funds.} 8.D.16.a. On motion of ~r. ~cHale, seconded by Mrs. Humphrey, the Board adopted the folluwin~ resolution: WHEREAS, the Industrial Development Authority o£ the County uf Chesterfield Ith~ "Aushori~y"), has Uonuidered the ~pptisa~ion ~ubmi~t~d by Commonwealth Biot~chnologies~ Inc. (~he "Company"). requesting Uhe ~s~uance of the Authority~s revenue bonds in an amount not to exceed $3,425,000 (the "Bonds") to assist in financing the aequisitlon~ construction, and equipping of a facility, located in the Gateway centre on GaLeway Centr~ P~rkway at the i~teruection of Nidlothian Turnpike and tho Powhita Parkway in Chesterfield County~ Virginiar to conduct manufacturing opsrazions (the "Project"}~ and the Authority has held a public hearin~ w/th respect to the Project on December 4, 1997; and 97-818 12/10/97 WHEREAS, Section 147(fl o~ the Internal Revenue Code of 19S6, as amended (th~ "Cod~"), provides that the goveunmental unit having juri~dictisn ever the issuer of ~rivats activity bonds end over the area in whisk agy facility financed with the proceeds o£ private activity bonds is located must approve the W~ER~$, ~he Authority issues its bonds on ~he~ Chesterfield County, Virginia (th~ "County~) and the Project located in the Ceunty~ ~nd W~R~AS, the Eoa~d of ~upe;vlsers off Chesterfield County, Vi~g£nia (the "Beard Of Supervisors,,) constitutes the hi~ke~t elected ~overnmentel unit of the County~ and W~EREAS, the Authoriuy has resommended tha~ 5he Board of Supe~vlsors approve the issuance of the Bend~ and up~n, e ee~ti£1ce~e ~f the publi~ hearinq and a Fiscal Impact Sta~e~ent have been filed with the Board of Supervi~o~ ~OW, TE~REFO~, ~E IT RESOLVED BY TME BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 2. The Board of Supe~isor~ approves the issuance of 5he ~onds by the Authority ~o~ tl~e benefit o% ~he Compmny, as ~equired by S~ction 147(f) ef the Cede and section 15.2 4906 o~ 5he Code of virginia of 1950~ as amended (the "Virsinia Code") to permit the Authority to assist in the financin~ of 2. The approval of the issuance of the Bonds does not constitute an ~ndorssment no a prospective purchaser of the Mends of the creditworthiness of the Company er tko Project. 3. ~ursuant t~ the limitations contained in Temporary Incom~ Tax Regulations Section 5f.l~M-llf) (1), ~his resolution shall remein in s%~ect ~or a period of one year fro~ thm date cf its adeption~ 4. Th%s resolution shell %ek~ e£fect immediately upon its adoption. RECOGNIZING MI~$ GEO~GI ~NNA FISHER UPON ATTAININ~ OLD WARD On motion of Hr. HoHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHERBAS~ the Girl Scouts ef the United States of A~erica i~ an organization servin~ ov~r 2.~ million gifl~ ~nd was development! and Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge~ and designing and implemensing WHEREAS~ the Gold Award is the highest achievement award in ~irl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, uareer planning, and Dersonai developm=nt; and W~ER~A~ th~ ~irl Scout Gold Award can only be earned by girls a~ed ~4 17 or in grades 9-12 and ia received by less =hen percent of those individuals entering the Girl Scouting movemen~ and W~EREAS, Miss Guorgi Anna Fish,r, Troop 925, s~on~cred by chester United Methodist Church, ha~ accomplished these high stmmdards and ha~ been honored with the ~irl Scout~ o~ the United States of America ~old Award by the Commonwealth Girl Scout Council o~ Virginia; and WHEREAS, growing through her experiences in Girl Scouting~ learning the lessons of respsn~ible citizenship, and priding her~eli cn the great accomplishmun~s o~ her County, Georgi is ind~ed a member of a mew generation of D~epar~d young citizens o~ whom we can all be very proud. ~OW, THEP~EFQ~ BE IT R~SOLVED, that 5he Cheszer~iel~ County Board cf supervisors h~reby extends its congratulations Miss Geor~iA-nna Fisher and acknowledges the 9God fortune of th~ County to have such an outstanding young wo~n as one of it~ cltiz~ns. Mr. Daniel stated ~ha~ when the Board was ~olled regardin~ this item, ks suggested that this Bridge be named after Senutor Frederick Grsy who had ~ tremendous impact on Chesterfield and the re,ion and who resided n~ar the Appomattox ~iver Bridge. ~e further stated ~hat ks will suDDmrt th~s item~ howeve~ h~ feels it is not in the best interest of the County to no~ recognize Senator Gray. Mr. Warren no,ed =ha~ Delegate Riley Ingram was very supportive in naming the Bridge after C, ~ardawa¥ Marks. Mrs. Humphrey concurre~ wi~h ~he commen~m expressed by Mr. 820 On motion of Mr. ~e~al~, seconded by Mrs. ~umphray, tbs adopted the following WHEREAS~ Charles Hardaway Marks retired following distinguished thirty y~ar cmree~ %n the Virginia General Assembly, chalrin~ the ~onse Courts of Justice Committee and ~rvice in many other leadership positions; and WHEREAS, Charles Hardaway Marks has made significant contributions to his l~gal profession, his community, counnry as a U~ S. Marine Corps Officer. and, ~ost ~otabty, to the Comm0nweal~h e9 Virginia; and W~REA$, Charles Hardaway Marks, in his distinguished career, regularly crossed the Appomattox River on hie route ~rom his ho~e ~n HoDewell to Capital Square in Richmond. NOW, THeREFOrE ~ IT R~$QLVED, that the Board of supervissrs of chs~terfield County, V~r~inia, thi~ 10th day of Deoembe~, 1997~ huruby ~ndorses and recommends this new brld~e · b~ name~ by the Virginia ~ener~l Assembly in honer of The ~cnerable Charles Hardaway Marks. AND, BE IT FU~TKBR RESOLVED, that the Board of Suparvisor~ requests tha~ the twin bridges be designaued by appropriate signage as "The C. Hardaway Marks Bridges'~. Vote: Unanimous 9~H~ARING~ OF CITIZENS ON ITR$CHEDULED MATTERS OB CLAIMS Mr. Mincks stated'that Mr. James E. Gattis awns a 0.654 acre, Swif~ Crsek Mill Playhouse, in the Bermuda Magisterial District and that hs plans to relocats his Colonial Heights furniture StOre to this site. He further ~tated that Mr. Gattis h~$ made a claim against the County for $186,000, in which he feels is ~he full value of the parcel, Ha stated that Mr. Gattls co,tends that the property ea~ ne 1Oagur be developud bacauu¢ ~ County utility contract damaged a drainfisld on the property when he installed a water llne in 199~- ~S further Stat~ ~ha~ ~r. Gatti~' property does non have public sewer service availabls, but a sewer line is just a few feet away ~n the other ~ide of Jefferson Davis ~ighway. ~e stated that Mr. G~ttis mi~ an opportunity to install this sawsr line, inexpensively in 1988, when the Virginia Department of Transportation excavated Jefferson Davis Highway far repairS. He further stated that staff has r~viewed th~ claim and recommends denial. denied the claim of Mr, JaMes E. ~ttls~ iU the a~sun~ of $!96,000. 18. REPORTS On motion o~ Mr, McHale, ~eeond~d by Mr. Warren, the Board Projects; District Road and atree% Light Funds; Lease PurchaseS; ~4 School Board Agenda. PBRFOR~5%NCE OF A EPECIFIC ADPOI~T~E OF_.TRE BOARD 0n ~o~io~ of Mr. McHale, ueconded by Mr. B~rber, the Board went into Executive Sessions pursuant to $~c~ion 2.1 ~A.i., Code ~P~, 1950~ as amended, relating to the performance of a sDecific appoinuee of the Board. On motion of Mr. McHale, ~eC©n~d by Mr. Daniel, ~he ~oard ad~pted the ~ollowing resolution: W~P~AE, the BO~r~ of Supervisors h~s this day adjourned into ExecutiYs Session in accordanGe ~i~h a formal vows oz ~he Board ~nd in e=cor~ance wi~h ~hs pruvlsi~ns of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Fzeedom of InformaKiom ACt effective Suly 1, 1989 ~ruvidas for csrt~icatlon that Exeou~iv~ Session wa~ conducted in conformity with law. NOW, TH~R~POR~ BE IT RESOLVED, ~hs Board of Supervisors does hermby cer~i£y zhat to 5he best o~ each member'~ knowledge, il only public business matter~ lawfully exempted from oDen meeting requirements under the Freedom o~ Information Act were discussed in the ~x~cu~ive Session ~o which this ~ertifica~ion applies~ and ii) only gush public business ma%tars as were identified in the Motion by which ~he Executive ~sssion was convened were dissents £rom Zhi~ c~rtification. ~7-822 Thc Board being polled, the vote was as follow~: Mr. Daniel: Mr. Barber: Mrs. Humphrey: Aye. Mr~ Warren: Aye. 12, D INNE~ On motion of Mr. Barber. seconded by Mr. ~arran, the Board receseed to the Admini~tration Building, Room 502, for dinner. Vo~e: Unanimou~ Reverend Stephen Carpenter, Church, gave the invocation. Countryside Christian 19~RLED~E OP kLL~AWCE TO THE FLAG OF THE IrRITBD STATES O~ Hr. John McOracken led %he Pledge of Allegiance ~o the Flag of the united Sta~es of 15. P~DI~TIO~A/~D ~gECTAL R~COGNITIO~S There were no r~lutions and special recognitions at this rims. C EA~INGS Mr. ~ith s~ated that this da~e and time has been adverUi=ed for a ~ubli= hearin~ to consider an ordinance to vacate an eight foot easement acro~ L~t AS~ ~rbo~ Land~ng, S~ctio~ 2. NO one came forward ~o speak in favor of or against this or~inanoe~ On motion of Mr. McMal~, ~econd~d by Nr. hani~, ~h~ ~oard adup~ed thc followin~ ordinance: ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GPJuNTOR") vacates to JOEN W. ~MQ~ ~d JA-N~ W, C~O$$, Section 2. and Associated Open Space and Ironbridge Lake, ~RMI/~A Magisterial District, ChEsterfield County, Virginia, a~ shown on a plat thereof duly recorded in th~ Clerk's 0ffic~ of the Circuit Court of Chesterfield County in Sla~ ~ook 62, at WI~REAS~ JOHN W~ HAF3ION and JANE W. CROSS~ petitioned the Boa~d of Supervisors of Chesterfield County, Virginia to vas~{ an 8' easement across Lot 38, Arbor Landing, Section 2, and Associated Open Space and Ironbrid~e Lake, BEP/~3DA Magisterial District~ Chesterfield C~unty, Virginia ~ore particularly shown on a plat of reCOrd in the Clerk's Office cf ~he Circuit Court of said County in Pla~ s~ck 52, Page 39, by E. D. LEWIS ASSOCIATES, P.C., dated MAY 16, 1988, and recorded AUGUST 1, 1988. The casement petitioned to b~ vacated is more fully described as follows: Sect/on 2, the location of which is ~oru fully shown on a plat made by POTT$~ MINTER of which i~ attached hereto and made a part of 4~1 of thc cQd~ of virgin,s. 19S0, aS amended, b~adverti~ing; of ~h9 ~a~emen~ sought ~e be vacated. NOW THEREFOR~, BE IT ©~DAINED BY THE BOARD OF SUg~RVI$ORS OF CHESTERPIELD COUNTY, VIRGIWIA: T~at pursuant to Section 15.1-4~2{b) of the Code of Virginia~ 1950. as amended~ the aforesaid easement be and i~ hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b} of the f 195~ as amunded, mhd a cer~ifisd copy of ~his Ordinance, together with th~ plat attached hereto chall b~ recorded no sooner than ~hirty days hereafter in the Clerk's Office of the Circ~i~ Court of Che~terfiuld County, Virginia pursuant to Section 15.1 4~5 of the ' '~, ~9~0, as amended. is to destroy the force and affect of the reoordin~ oi the portion of the plat vacated. This Ordinance shall vesn fee simple ~itle of the easement hereby vacated in ~he property Owner~ of Lot 39, within ~-~bor Landing, Section 2 free and ciear of any rights of public usa. Accordingly, this Ordinance shall b~ indexed in the names of 5ha C0~I~TY OF CHESTERgINLD as GRANTOR~ and JO~lg W. ~JG~]~0~ an~ JkNE W. CROSS, er their succ%~Or$ in title, as eP~k~T~E. Vote: Unanimous 97-824 16.B. gO CONSIDER AN OF~]INANCE TO 2k~4END THE CODE OF T~ COIH~T¥ A~ociation fur C~mmerci~l Real ~stats, ~t~e~ that ~hey There being no one el~e to address ~his ordinance, the public h~ring was closed. adopted the following ordinance: BE IT QRDAINE~ by the Board of Supervisors cf Chesterfield County: (1) That Sections 6-I and 6-3 of the Code of the County of Chesterfield, 1997, as amended, is amended to ~eed ss follOwS: Sec. 6-1. Definiuiuns. o o o Con~rac~cr means any person: {il assaptlng Or offerin~ to accept any order~ or cmntract~ for doin~ any work on or in any building or structure, raq~irin~ the use of paint, stone, irun~ galvanized iron, metallic piping, tin, lead, or other metal or any other buildin~ material, (ii) accepting or cfferin~ to accept contracts to do any pavin§~ curbing or other work on sidewalks, ~tre~u~. atlgys, ur highways, or public or private property, usin~ asphalt, ~rick, s~on~, cement, concrete, wood or any ccmpo~ition~ (iii) accepting or o~erin~ to accept an order for or contract to excavate earth~ rock~ or other material %or £ounda~ion or any other parpose or for cut,lug, ~rimmlng or maintaln£n~ rights o~ way, (ivl acoeptin~ or offering ~o accept an order or contract to con~truet any a~wer of stone, brick, terr~ cotta or other material, (v) any work on or in any building or ~remise8 involving the erecting, in~tall~ng, $1tering~ repairing, servicing, or ~ainteining electric wiring, devices or appliances permanently connected to such wiring, os the erecting, repairin~ or maintaining of lines for =he ~rensmission or distribution cf electric ligh~ and power~ (vi) engagin~ ~n the bu~ne~ cf plumbing and steamfitting, {vi~} accepting or offering to accept ~ontrao~s for ~umigation or disinfec~in~ to prevent the spread of disease; or far the eradication or extermination of moving any buildinp, or f~r drilling, boring or dipging a well; landscaDinq ss~-vicas~ including ~rading, ~aedin~ planting of ~ervicss~ Contractors include ~peeulative builders who build houses or o~hsr buildings with 5he intention to offer the completed buildings for sale. A person who acts as his own prime contracto~ to build or improve & building which he intends to OCCupy a~ his residence, offics or place o~ buminesm shall nco be dsemed ~o be a contractor. o o 0 Sec. ~-3. ~xemptions from license taxes and fees. o o © (c) Contractors who subdivide and improve their own land w~th fhs intsntion to offer the subdivided lots for sale activity. ~ psrson who in~tatls water Or sewer systems or roads cn his own land with Lbs intent to offer the land fo~ sale exempt from business license taxes a~d f~eu ~n such activity their own land regardless of whePher the land is subdivided. That ~his ordinance shall become effective on January 1, 1998. 16.C, Mr. Sacobscn s~ated that this da~ and time has besn advertised fur a ~ublic hearing to consider an ordinance r~lating to definition of subdivision. Ne one came forward ~o sDeak in %aver of or against this ordinance~ On motion of Mme. ~umphrey, seconded by Mr. McHale, the Board adopted ~he followin~ ordinance: AN ORDINANCE TO AMEND THE C0~ 0P T~ COUNTY OF C~E~TE~FI~LD, 1997, AS AMENDED, ~Y AMENDING AND R~ENACT%~G SECTIONS 17-2 RELATING TO THE DEFINITION OF ~UBDIVISION BE IT ORDAIH~D by the Beard of Supervisors of Chester%ield County: (1) That Section 17-2 of the Code of tbs CounUy Of Chesterfield, 1997, as am~nde~, is amended and resnaoted to read as follows: z;/~o/s7 9?-$2¢ ~eC. 17 2. D~finision~. In the construction of this chapter~ the ~efinitions when tko contex~ clearly indicaLes otherwise: o o o Subdivision: The division of any parcel of land ~or residential use, into two o~ more lots any one o~ which is less than five acre~, or which hAS road frontage of lens than 300 feet or 250 feet if a ~hared access is used, for the puzpcse~ either immediate or future, of ~ransfer of ownership or development for residential nsc including condominium development. Divimion of land for the purpose of granting or extinguishment of easements, dow~r or courtesy rights, sub0rdine~ing or otherwise affecting the priority o~ l~ans~ plans of confirmation and rela~ed trens~er~ of interest in land not directed et the creation of l~ts or parcels for sale, shall not be considered a~ an ac% of subdivision. The ter~ ',subdivision,~ shell not include & single division o~ land into parcels where such division is for the purpose of a sale or gift to a member o~ ~he immediate family cf ~h~ property owner. Only one such division shall be allowed family member and shall not be ~or the purpose of circumventing thi~ ~hapter. For the purpose of this subsectlon~ a member of the immediate family shall be de[imed ss any person who is natural or legally defined o££spring, spouse, sibling~ ~randch~ld, grandparent or parent of the owner. With respect to family subdivision all applicable requirements uf the zoning ordinance shall be met and the proposed leu shall con£~rm to ~hs desiNn standard~ set forth in ~his shepter, o o o (21 adoption. ThsL this ordln~nc~ shall becom~ effective upon Mr. Jacobsen sCa:ed that this daze and time has been advertised ~or a public beefing to consider an ordinance relating to rehabilitated historic residential real estate. On motion of Mr. McHale, ~acond~d by Mrs. Rumphrey, th~ Board adopted ~he ~ol!ewing ordinance: ~_g QKDIN~NCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1.997, AS AMENDED, BY AMENDING AND REENACTING SECTION 9 29 RELATING TO REHABILITATED ~ISTORIC RESIDENTIAL RF~%L ~$TAT~ BE IT ORDAINED by the Roard of Supervisors of Che~ter£ield County: {1} Tha~ Section ~-29 of ~he Code c~ 5he County of Chesterfield, 19~7, aK amended, is amended and reenacted to read as follows: Sec. 9-29. R~hahilitated h4st~ residential real {a) R~al ~tate which has been substantially rehabilitated shall be e×empt from taxation subject to (1) All residential improvements shall be approved by the preservation committee. (2) Any residential structure which ha~ been designnted as a county historical landmark or is located in an area that has been designated ~ county histurical district shall be dee~ed to have been ~ub~tantially rehabilitated if zhe structure is ~O years old or older and has been improved to increase the assessed value o~ the e~ructure by 25 percent or The exemption provided in aub~ection {a}(1) shall be deturminedby the county assessor. The exemption shall apply and shall be limited to the first $500,Q00.00 of The e×emp~ion shall run with the r~sl esLaze for ten (b) Prior to beginning the rehabiliZation, the owner of any real es~a~e meeting the criteria s~a~e~ in this s~0tio~ may apply ~or an exemption on forms provided by the county ae~esor. The owner ~h&ll pmy an application procesging fee of $~0.00 to the county assessor for processing such application. (c) No property Shall be eligible for ~ueh exemption unless the appropriate building permits have been acquired, and the county assessor haE verified that ~he rehabilitation indicated on the appI~cation has bean completed and meets the requirements of this ~ection, Hec. 9 30. Rehabilitated historic commercial real es[ate. (a) Historic commercial real estate which has been substantially rehabilitated shall be exempt from taxation subject to the following: ~2/lo/s7 All commercial improvements shall be approved by the pr~$ervatio~ committee. Any commercial structure which has been d~signat~d a county historical landmark or is located in an area that has been designated a county historical district sh~l% be deemed to have bees substantially rehabilitated if the structure ig ~0 years old or older and has b~en impreve~ to [3) The ~xe~ption pr©vide~ ig subsection <a] (1) s~al% be an amount equal ~o %he increase in assessed value resulting from the rehabilitation cf the assessed commercial structure as determined by the county ~ss~ssor, The exemption shall apply only to any ~ubsequent assessment or reassessment. The exemption shall be limited to Lhe first $500,OQQ.QQ of increased value. (4) The exemption eha%l run wieh the real estate for (bi Prior to beginning the rehabilitation, the owner oi any r~al estat~ meeting t~9 criteria s~a~e~ in this section m~y apply for exemption on forms provided ~y the oounny assessor, The owner mhall pay an application processing fee of No property shall be eligible for such exampgion unlmss the appropriate building permit~ have been acquiredz and the county assessor ha~ verified that the rehabilitation indicated on th~ applicatioD has been completed and meets the requirements cf %his section. {d) The board of supervisors hereby authorizes the county assessor to implement any policies or prossdures necessary to effec=ively implement sections 9-29 through ~-32. (Code 1978, ~ 8-59] adoption. That thi¢ erdinaDoe shall become effective upon Vote: Unanimous TO ~OTE~ ~D_RES.T~ICTRD O-2 DISTRICT Mr. Jacobsen s~ate~ that %bls date and time has been advertised for a public hearing ~o consider an ordinance relating to hotels and restricted u~e~ in a corporate office D-2 district. He further stated that if the particular hotel proposed does not meet the proposed criteria, it could s~ill be approved Commission recommends approval of ~he proposed ordinance. ~r~ sa~er then made a motion, seconded by Mrs. Humphre¥~ for the Board to adoDt the following ordinane~: within any 0 2 District, no buildinss, structures or (b) Art school, gallery or museum, (d)L~bQ~atories, medical ur dental. Medical clinics. (g) Post offices. (i) Schcols/colleges~ public and private. (j) schools, business. (k) T~!ephone exchan~. The following usss shall be permitted in the 0-2 District subject to compliance witk the followin~ conditions and o~her conditional use~ subject to the provisions of section 19 (a) Unless pBrmit~ed in the 0 2 Dis~ric~",any uses permltLe4 with regtrictisns in the Neighborhood Office ~/lO/~7 District except public or private parks, which are regulmtsdby (b) Uses permitted in the C-1 Dietrich, artists' material and supply s%eres, health clubs, hotelm and office supply stores provided that: (1} they are located in projects cf 25 acres or more~ (2) they are located internally to the project= net along any road on th~ periphery of the project; and (3) at any time the u~e~ collectively shall not be permitted Uo exceed a gross floor area of thirty (30) percent of the qroec floor area of permitted by right u~a~ which are under construction or occupied in such prOje¢~$~ <c] Schools--commercial, trade, ~u~ic, dance, vocational and rca±tinU, provided that such u~e~ ar~ located on the interior of the project and not along any road on the periphery o~ the project. Fire statzen$ and rescue squads provided that: (1} ~o external siren~ or publis add~s~ eystcm~ ara provided except those m~unted on s~argensy vehicles. (l) All g~r~ge-=ype doors shall be screened from view of adjacanu proper~y in K, R T~ and R MF District~ or properties currently zoned A and shown on the comprehensive Dian for residential use, unless garage doors are architecturally compatible with area residential or agricultural properties. (e) Golf courses, provided that no building, other than player ~helters, shall be located within ~00 feet of adjacent prQperty in R, R-TH or R-MF Dis~ricts or pro~er~y currently zoned A and shown on the comprehensive plan for residential use. (f) ~ospitals, provided that: (1) They are located a minimum of 100 feet from adjac,nt property in R, R=TH or R MF Dis=riots or property currently zoned A and shown on ~he comprehensive plan for residential use; and (2) Emergency room entrances do not fao~ property in R, R TH or R-MF Districts or property currently zoned A and shown on the COmprehensive pl=n for residential use. {g) Public or private parks provided chat: (1} Playfields, courts or similar active adjacent proper~y in R~ R T~ or R MF Districts or proper~y residential uses; and (2) The 100 ~oe~ setback shell be landscaped per section 19- 522(al (4) of the Development Standards Manual. architecturally incorporated into the design of a building used (i) Warehouses for a permitted uae provided that the warehouse doe~ not exceed 25 percent of th~ gross floor area of th~ individual benan% o~ice space. ~urther, al! warehouse space{e} within o££ice building(s) shall be served by a single loading door or dock. 1998. That this ~rdlnance shall become effective July Vet¢: Unanimous Mrs. Dick~on ~ta~ed ~hat this dat~ and ~ime has been advertised for a public hearing to consider an amendment to the ~Y97-95 budget to appropriate $~4,2~,000 in ~ond proceeds and $L50,900 in interest earnings for school and County capital projects and issuance expeu~es and approve a resolution authorizing issuance on ~otion of Mr. MsHale, seconded by ~rs. ~umphrey, the Board appropriated $64/265 million in 1998 bond proceeds and $150,000 in in~ezes~ earnings for School and County capital projects and i~suance ~xpensee ~nd adopted the following resolution: A~D D~LIV~RY OF SIXTY-FOUR MILLIO~ TWO HUNDRED $IXT~ FIVE THOUS~ND DOLLARS ($6~,265,QQ0) PRINCIP~ ~O~T OF CO~TY CHESTERFIELD, VIRGINIA, GE~E~ OBLIGATtO~ PUBLIC IMPRO~MENT iSSU~CE~ S~E ~ DEL~RY PROM TIME TO TIME OF ONE K~RED PIFTY-ONZ MILLION T~EE K~RED NI~ THOUS~D DOL~ ($151,309~000} PRINCIPAL ~O~T VIRQINIA, ~R~ OBLIGATION P~LIC ~OV~T ~OND$, BEING THE B~ QP ~ SO,DS APPROVED AT HELD IN THE CO~ OF ~ESTERF~ELD, ~996; F~X~NG T~E FO~, DENOMINATION ~D CERTAIN OT~R DETAILE DELEGATING TO THE CO~ ~MINIST~TOR CERTAIN POWER~ WITH RESPECT THERETO BE IT RESOLVED BY T~ SOA~D OF SUPERVISORS OF TRE CO%~T¥ OF CH~$TERFIELD~ VIRGINIA: SECTION 1. Findings and Determinations. (a) Pursuant to Chapter 5.1 of Title la.1 of the code o£ Virginia, 19~0, recodlfied effective December 1, 1997 es Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (tho same being the 97-~32 Public ~inanca Act of 1991}, an election duly called and held under the Public Finance Act of 1991 in the County of Chesterfield, Virginia (the "County"}, on November S, 1996 and 1997, tko Cour~ty is authorized LQ contraca debt and issue its general obligation bonds in the maximum amount of two hundred twenty-eight million three hundred seventy-four thousand dollars ($22~,~74,000) for the purposes set forth belcw~ (i) general obligation bonds in the m~ximum amount Of ©ac hundred seventy four million saran hundred ninety-nine thousand dollars {$17~,799,0001 for capital ~chocl improvements projects in the County; (ii) general obligation bon~s in the maximum amoun~ of thirty four million twenty thousand dollars ($3~,020~000) for public safety improvement pro~ect~ in ~he County; (iii) gen~ral obllga~ion bonds in the maximum amount cf nine million two hundred fifty-five thousand dollars {$9,255,000) for park and recreation i~prov~men~ projects in the County; and {iv} general obligation bonds in the maximum amount o~ ten million thre~ hundred thousand dollars ($10,~00~000) for library improvement projects in the County. (b) As of the date hereof, twelve million eight hundred thousand dollars ($12,800,000) of such general obligation bonds approved by the voters of the County at aforementioned election held on November 5~ 1996 have been issued by th~ C~unty for the purposes set forth below~ (i} eleven million thrse hundred thousand dollars ($11,300~00Q) for capital school improvement projects in the County; and (ii} one million five hundred thousand dollars [$1,500~D00) fO~ pnblic safety improvement projects in the County. (c) The Board of Supervi~or~ de~m~ it advisable and in the best interests of the County to authorize and provide at this time for the i~uanc~, sale end delivery of sixzy-fcur million ~wo hundred sixty Siva thousand dollars ($6~,265,000) aggregate principal amount of such ~eneral obligation bo~ds, to be designated and known as "County of Chesterfield, Virginia~ General Obligation Public Improvement {i) fifty-two million four hundred fifty thousand dollar~ ($52,450,000) fox capital school improvement projects in ~he County; (ii) seven million six hundred sixty-five thousand dollars {$7,655,000} for public safety improvsmen~ projects in ~ha county; dollars (~1,350~000) for park and recreation improvement projects in th~ County~ and County. two million eight hundred thousand dollars for library improvement projects in the (d) The Board of Supervisors further deems it advimable and in th~ best interests of the County to authoriz~ f~om ~im¢ ~o ~imu of one hundred SiSty-ons million three hundred nine thousand dollars ($151~309,000} aggregate principal amount of the general obligation bonds approved by the voters of the County at the aforementioned election held on November 5. 199~ and remaining unissued a~t~r the issuance of ~he general obligation bonds referred to in Section ~Ic), for the followin~ purposes ~et f~rth below: (i) g~ner~l ob!iga~ion bonds in ~he maximum amount of one hundred eleven million forty-nine thousand dollars {$111,049,0~Q] for capital school improvements project~ in the County; (ii~ general obligation bond~ in the maximum amount of twenty-four million eight hundred fifty-five thousand dollars ($24~55,000} for public safety improvement projects in ~he County~ (i~i) ~eneral obligation bonds in the maximum amount of seven million nine hundred five thousand dollars ($7,90B,000) for park and recreation improvement projects in the County~ and (iv) general obligation bonds in the maxime~ amoun~ o~ seven million five hundred thousand dollars ($?,~0O,Ooo) for library improvement projects in the County. SECTION 2, Authorization oi Issuance of Ser~e~ purpose of financing the co~t~ cf the public improvemen~ projectn of the County, as described in Section l(c), there are si×ty-~o~r million two hundred sixty five thousand dollars {$64,265,000) aggr~g~be principal amount of general obligaEion bonds of ~he Coun=y to be designated and known 8s "County of Chesterfield, Virginia, General Obligation Public Improvement of 199S Bonds"). (b) For the purpose of financin~ the costs of the public improvement projects, as described ~n Section million ~hree hundred nine thousand dollars aggregate principal a~Ount oi seneral obligation bond~ Of the County to be designated and known as "County O~ Chesterfields Virginia~ ~ener~l O~li~a~ion Public Improvement Bonds,~ Additional Bonds shall have Such serie~ designation or designations as shall be dete.~in~d by the County Administrator. The Series of 1998 Bond~ ~nd tke Additional Bonds are hereinafter referred to collectively as the :'Bonds date and shall bear inter,st from their date payable on such date mad semiannually thereafter~ as shall be de~ermined by County Administrator. The Bonds of each series shall ~ature and become due and p~y~ble o~ such date or dater net Lorry {4D) years from their date and in such principal on each such dace as shall be determined by the County (d) (i) The Bonds of each series shall ba issued only in fully registered form. one Bond representing each maturiuy of each series of the Bonds will he issued to and rs~istered in the name of Cede & Co., es nominee of The immobillzed in the custody of DTC. DTC will act as securities depository for the Bond~. Individual purchases will be made in book entry form only, i~ ~he principal amount of $5~000 or any integral multiple ~hersof. Purchasers will not receive physical delivery o~ certificates representing their interest in the Bonds purchased. (ii) Principal~ premium and interest payments On the Bond~ will be made by the ~oun~y by wire transfer to DTC or its nominee, cede & Co., as registered owner of the Bonds, which will in turn r~mit such payments =o the DTC participants for subsequen~ di~buzsal ~o th% bene£icial owners of the Bonds. Trsns~ers o~ principal, premium and interest payments to DTC participants will be tho responsibility of DTC. Transfers cf such payments to beneficial owners of th~ Bonds by DTC parti- cipants will be the responsibility cf such participants and other nominees of Such beneficial owner~. Transfers of ownership interests in the Bonds will be accomplished by book entr~es made by DTC and, in turn~ by the DTC participants who act on behal~ e~ Zhe indirset participants of BTC and the beneficial owners of the Bond~. {iii} The County will not bs responsibl~ or liablu for sending transaction statements or for maintaining, supervisin~ or reviewing records maintained by DTC, its participants or persons acting tkrou~h suck participants or for transmitting payments to, communicating with, notifying or otherwise deaIin~ with ~ny bsnsficial owner of the Bond~. So long as the Bonds are in book-entry only fer~, the County Treaourur will serve as ~gistrar and Paying A~en~ for th~ Bonds, The County reserves the righ~ to designate a successor Ra~ietrar and Paying Agent for the Bonds if the Bonds at any time cease to b~ in book-entry only form. (e) The ~onds cf each series shall be subject to redemption at ~a option o~ ~he County prior to their stated maturities, in whole or in part at any time, on such dates and with such redemption premiums, if any, a~ shmll b~ d~termined by the County Adminlstrafor. ~2/10/97 (f) In accordance with and ~ubject to the provisions of the Detailed Notice of Sale of the Bonds of any series, bidders may ~rovid~ that all the Bonds of such series more consecutive mnnual principal amounts shall be co~%bined into one Or more term Bonds. If the successful bidder desigmetes principal amoumts to be comblnsd into one Or more Perm Bonds, each such term Bond shall be subject to mandatory sinking fund redemption commencing on such date in the first year which has been combined to form such term Bond and s~a~sd ~oaturi~y date cf tka~ ~erm Bond. The amounZ redeemed in any year shall be equal to the principal amount of serial Bonds that would otherwise have matured in such year. Bonds to be redeemed in any year bym~nda~cry sinking fund redemption shall be redeemed at par and shall be selected by lot ~rom among the ~onds ~hen subject to redemption. The County, at its option, may credit against any m~nd~tory sinking fund redemption rec~direment term Bonds of the maturity then subjec~ to redemption which hmv~ been purchased and cancelled by the County or which ha¥~ been redeemed and not theretofore applied a~ a credit against any mandatory sinking fund redemption It) If eny Bond of any series (or any portion of the principal amount ~herecf in installments cf $5~000) shall be subject to r~demption and shall be called for redemption, notice cf eke redemption ~hereof, specifying the da~e~ number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be ~urrendered in exchange for the principal amount ~hereof to De redeemed and a new Bond or Bonds issued equallin~ in principal amount that portion of the principal amount thereof net to ~e redeemed, shall be mailed not le~s than thirty (30) day~ p~ier ~o ~he d~e fixed for redemption by first ~la~s mail, postaue prepaid, to the registered owner of such Bend at his address as it appears on the books of registry kept by the R~gi~t~ar for the Bonds. The Registrar shall net be required to exchange or transfer any Bond later ~han the close of busines~ on the fcr~y fifth (~5~h) day next preceding the date fixed for redetnptisn of such Bond or any portion thereof_ If netio~ of the redemption of any Bond shall have been given as aforesaid, and payment cf the principal amount of such Bond for the portion c~ Lh~ principal amount thereof to be redeemed} and of the accrued interest payable upon such ~demption shall have Been duly made sr provided for, int~rss~ ~n such Bond shell cease to accrue from and after the date so specified for redemption Lhereo£. So long a~ the Bonds of any ~eries are in book-entry 0nly form, any notice of redemption will be ~iven only to DTC or its nominee. The counfy shall not be responsible for providinN any beneficial owner of ~he Bonds of such smrles with notice of redemption: SECTIO~ ~, Aooolntmentef County Treasurer ss Registrar and Pavin~ A~smt: P~%~ment of BsndM~ Books o~ (a) Appaln~ment o~ Registrar. ?ks County Treasurer is hereby appointed as the Registrar and Paying Agent for the Bonds {hereinafter r~ferrad to as the "Registrar"). Ib) ~ayment of Bonds. <i} At any time during which the Bonds of any series shall be in fully registered form, the inter~t o~ the Bonds of such aeries shall be payable by check or draft mailed by the Registrar tO %he registered the books Of registry as of the record date for the payment o~ interest on the Bonds, and the principal of and premium, if any, on the Bonds shall be payable ~ ~he principal office of the Registrar. (ii) At any time during which the Bonds st~ll b~ in book-entry form, the principal of a~d pr~mium~ if any, and in~eres~ on the Bonds shall be payable in mccordance with the arrangements med~ with the depository ~or the Bonds. {iii) The principal of and premium, if any~ and interest on the Bond~ ~hal% ~e payable in suck coin or currency o~ the United 8tmtas of America as at the respective dates of payment is legal fender for public and privat~ debf~. IntereSt on th~ Bonds ~ha%l be calculated on the basis of a 3~0-day yea~ consisting of twelve ~0 day monbhs. {c) Books of R~gistry; Exchmnges and Transfers of Bond,. (i) At ~ll ~imes during which any Bond of any series remains outstanding and unpaid, the Registrar shall keep or cause t~ bs kept at its principal office, books cf registry for the rs~istration~ exchange and transfer of the Bond~. Upon pr,g~ntation ~t t~e principal o~ice of the Registrar for such may prescribe, shall register, exehan~e~ transfer, or c~u~ to be registered, exchanged or transferred~ on the books of (ii) Any Bond may be ~xchang~d at th~ pzinclpal office of the Registrar for a lik~ aggregate principal amount o~ ouch Bonds in o~her authorized principal amounts o£ the same interest rats and maturity. (iii) Any Bond may, in accordance with its terms~ be transferred upon the books of regist ryby the Detect in whose name it is re~istered~ in per,on or by his duly authorized uwant, upon surrender of such Bond to the Registrar transfer duly executed by the registered owner in person or his duly authorized agent, in form satisfactory ~o the Registrar. (iv} All transfers or exchanges pursuant ~o this ~eo~ion 3 (c) shall be mad~ without ~xpense tO the registered except that fha Registrar shall require the payment of the registered owner of ~he ~ond re~es~ing such ~ranofer or exchange of any ~ax or o~er governmental char~es required to be paid with respect to such transfer or exchange. All Bond~ surrendered pursuant to this Section ~(c) ~hall b~ cancelled. Bonds~ CUSIP (a) Execution of Bonds. The Bonds of each series shall be executed in the na[[~e of the County Dy ~he manual or facsimile signatures of the Chairman and the Clerk of the Board of Supervisors, and the co~pe~ate seal of the Board {b) Authentication of Bonds. The County Adrainistrator shall direst the Registrar to au%h~ntlcate the Bend~ of each series and no Band shall be valid or obligator~ for any purpose unless and until the certificate of authentication endormed on such Bond ~hell have been manually the Registrar shall insert in ~he sertifisat~ Of authentication ~ke date a~ of wl%ich such Bond is authenticated as payment date, th~ certificate shall ~e dated as of ~hs da~e ~ond~ are delivered to and paid for by the initial purchasers paymen~ date, the ~artificata shall b~ dated as of such interest payment date; (iii) if the Bond is authentica[ed on or after the record dat~ for ~ke paymen~ of intara~t on the Bonds and prior ~o such interest payment data, the certificate ~ball be dated as of such interest paymenh date~ and {iv} in all other instances the certificate shall be da~ed the da~e upon authentication of the Bonds in ~he manner above se5 forth adopted as a due and sufficient authentication of the Bonds. Ic} CUSIP Identification Numbers. CUSIP identification numbers may ba printed on the Bet. ds of each series, but neither the failure fo print any such nun~sr on any Bonds, nor any error or omission with respect therefor shall constltut~ cause for failure or refusal by th~ ~u¢cessful Bonds in accordance with the terms of it~ proposal to purchase the Bonds. No such number shall constitute or ~e deemed ts b~ a party of any B0n~ or a part o~ =he c0nt=acU evld~nced thereby and no liability shall attach to the County or any of its o~icsrs or agents because Qf or on ~ccount of any such number 141-150 of the Internal Revenue Code of 1~$¢ and the applicable Tr~mgu~fR~ulstions promulgated ther~undg~ throughout t~e term Q~ the Bonds. SECTION 6. Sources o~ Pav~u~..Df ~onds. The full faith and credit of ~ha County are irrevocably pledued to the punctual payment of the principal of and premium, if any~ and interest on the Bonds a~ the ~me beco~e due. In each year whil~ th~ Bonds~ or any of them, ale outstanding and unpaid, there shall bs assessed, levied and collected, at the same time and in the zam~ manner as other faxes in the COunty ~re assessed, levied and collected, a tax upon all taxable propelty within the COunty~ over and above all o~ker taxes~ authorized o~ llmi~ad By law and w{thout limitation as to rate or emount~ sufficient ~o pay when due th* principal of and premium, if any, and i~ter~st on the Bonds to the extent other funds oi the pu~-~ose. SECTION 7. Form of Bonds. Th~ Rondo shall be in substantially the fOx~ s~ forth below with such necessary or appropriate varia~ions~ omissions and insertions as ara incidental to their series, numbers, inter,st rates, maturities and rede~pti0n provisions ~r as are otherwise permitted or required by law Or ~ki~ resolution: U~ITED STATES OF A~ERICA COMMONWEALTH OF VIRGINIA COUNTY O~ Cg~$TERF~L~ GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES OF No. R $ MATURITY DATE INTERS~ RATE DATE OF BON~S PRINCIPAL A~I©USVf: CUSIP NO. The County of Chesterfield (h~r~inafter referred to as ~he "County"), a Dnlitiea~ subdivision of th~ ~o~onwealtk of virginia, for valu~ reoelved~ h~reby ~omises to pay the Ke~istared Owner (na~ed above~ or registered assigns~ on the Maturity Date (specified above), unless this Bond shall have been duly ~alled for previous redemption and payment o~ the redemption price shall have been duly made or provided for~ the Principal Amount <specified above), and to Day interest on ~ueh Principal Amount on __and semiannually on each and "~hmreafter from ~he date hereof or from the interest payment date next preceding the date of authen~icatfen hereof ~o wkich interest shall have been paid. unless such date of authenzication is an interest payment date, in which case from such interest payment date if interest has been paid to such date, or unless such date of authentication is within the period from the sixteenth {%~tk) day So ~h~ last paymen~ date, in which camm from such interest payment date if interest has b~en paid to such date, until the payment of such Principal ~mOunt [eaoh such date is hereinafter referred to as an in~eres~ payment date) a~ the Inter, at Rats (specified a~evel per annum, by check or draft m~iled by the Re~i~tra~ hereinafter mentioned to the RegiStered O-~er in whose name calendar month n~xt preceding each interest pa~ent date is peyotl, to the ~d~r$~ o~ tko Registered Owner as it appears on 90-day month~. The principal of and premium, i~ any, on this Bond are payable upon preeentahion and surrender hereof at the principal offic~ of th~ County Treasurer of the County in Chesterfield, Virginia {~he "Registrar"). The principal of and premium, if any, and interest on this Bond are payable in ~uch coin or currency of the United States of America a~ at the respective dates of payment is legal tender for public and Thi~ Bond is one of a duly authorized issue of Bonds [h~rein r~ferred to as the "Bonds") of the aggregate principal amount of Dollars IS ] of li~e date and tenor herewith, except for nu~ber~ denomination, interest rate~ maturity and redemption provisions, and is issued for the purpose of financing the costs of various public improvement projects e£ and for the County, under and pursuant KQ and in ~u~ complience with the Constitution and etatutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Coda Qf Virginia, 1950 (tko same being ~he Public Finance Act of 1991), an elsct~on duty hel~ in the County under the Public Finance Act of 1991 on November 5, 1996 and resclut~ons duly adopted by the Board of Supervisors of the County. The Bonds of the issue of which this Bond is one maturing on and eftem (or portions thereof in installments of $5,000) shall be subject to redemption at Qp~i0n 0£ ~he County p~icr to ~h~ir stated me,uti&ica on er otter in whole or in part at any time, in such order as ~ay be determined by the COunty (except that if at any time less than all of the Bonds Of ~ given ma~urlty are called for redemption~ the par~icala~ Bond or per, ions thereof shall be selected by lot), at a redemption price egual to the prin~ipmt mmount fhereof~ together with the interest accrued on the principal amount to be redeemed to the dat~ fixed for the If this Bond is redeemable and this Bond (or ~ny portion of the principal amount h~reef in instal%monte cf $5,000) shall be called for ~edemption, notice of the redemption hereof, specifying the date, number and maturity of fhim Bond~ the date and place or places fixed f~r its redemption, and if less than the en~ir~ p~incipal a~ount of ~his ~end is u~ be redeemed~ that this Bond must be surrendered in ex~hange for the principal amount hereof to be redeemed and a ~ew Bond or Bond9 issued equallin9 in principal amount thmt portion of the principal amount h~ec£ no~ ~c be redeemed~ shale be mailed not les~ tha~ thirty (~) days prior to the date fixed for redemption by first class mail, postage prepaid, to the Registered Owner of tki~ Bond at his address as i~ appears on th~ books of r~gistry kept by the Registrar for the Bonds. The Registrar sh~ll not be re~luired to exchange or tranEfer thi~ Bond %stet than the close of business on the forty fifth (45th) next day preceding the date fixed for redemption of this Bond or any portion hereof. If ~otic~ of the redemption of this Bond sh~ll have been qiven as aforesaid, and paymen~ of the pz'inci~al amount of this Bond (or the lz/l~/~? ~he accrued interest payable upon such redemptzon shall have been duly mad~ or provided for, interest hereon shall cease to accrue from and after ~hs date so specified for redemption Bubject to the limitations and upon payment of the charges, if any, provided in ~he proceedings authorizing the Bonds of the series of which this Bond is one~ this Bond nmy be sxchan~ad et the principal office of the Registrar for a llke a~regate principal amount of Bonds of other &uthorized principal amOunU~ and of =he series of which this Bond is one. This ~o~d is ~rans~erable by Registered Owner hereof, in er by his attorney duly authorized in writing, at the principal office of the Registrar but only in the manner, ~ub~ect limitations and upon payment of ~he charges, if any, provided in the proceedings authcrizin~ [he Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bond~ of !amount of the series o£ which this Bond is OhS will be issued to the transferee in exchange here~or. The tull faith and cradle of the County are ~rrevocably pledge~ to the punctual palrment of the principal of a~d p~emium~ if any, and interest on this Bond as th~ same becom~ due. In each year while this Bond is ou%s~anding and unpaid, there shall be assessed, levied and collected, at ~h~ same 51me and in the ~ame manner as other ~a×ss in ~he County are assessed, lavisd and collected, a tax upon all taxable property within th~ County, o=er and above all other taxes~ authorized or limited by law an~ wlthouZ llmi~at~on as to raze or amount, sufficient to pay when due the principal of and pre,iud, if any, and interest on this Bond to the ext~nt other funds of the County are not lawfully available and appropriated This ~ond sh~ll noL be valid or obligatory unless the certificate of au~hen~ica5ion hereon shall have been manually signed by the Registrar_ It is hereby cerui£1ed, reciuad mud d~clare~ th~u all ac~s, conditions and things required to have happened, to exist and to have been perfoz~med precedent to and in the issuance of this Bond and th~ s~ri~s of which it is stet do exist, have happened and have been p~rfor~ed in reeler and due time, form and manner as required by law, and that ~his Bond and ~he of the aeries e~ which this Bond is one do not exceed any constitutional or statutory limitation of IN WITNESS WHE~OF, the County~ by its Board of supervisors~ has caused this Bond to be executed by the facsimile signatur~ Of the Chairman o[ such Board; a fac~mil~ Of the corporate seal of such ~oard ~o be imprinted hereon, a=~e~d by the facsimile signature of the Clerk and ~his Bond to be dated __, __ 27 841 Clark of the Board of Supervisors Chairman of the Board of Supervisors CERTIFICATE OF AUTHENTICATION This Bond is cn~ of the Bonds delivered pursuant to the within-mentioned proceedings. Dat~ of Authsntiea~ion: ASSIGNMENT For valued received the undersigned hereby code~ of Assignee) PLEASB INSERT SOCIAL SECURITY OR the within Bond and all righcs hereunder, hereby irrevoca~%y consSi~u~ing and a~ui~tin~ ~ Attorney~ to transfer suck bond on the book~ kept ~or fha reqi~tr&tion thereof, with the ~ull power Of ~ub~ticu~ion in Dated; ~OTIC~: Si~naturs{sl mus~ ba guaranteed by a msmber firm of Inc. or a commercial bank or trust company. (signature of Resi~t~red Owner) NOTICE~ The signature above mu~t ~0rr~pond wit~ the name of the R~gi~ered Owner as i~ appears on =he front of thi~ Bond in every particular, without alteration, enlarg~men~ 97 S~CTI©~ 8. ~. (a) There is hereby delegated to the ~oun~y Administrator authority, without further action by the Board of Supervisors, to sell the ~onds of each series authorized for issuance under this resolution in interest thereon from their date to the date of delivery thereof and payment therefor, and on such other terms and conditions as shall be provided in the ~otica o£ sale relating %o ~he Bond~ of each such series. The County Administrator is hereby authorized to cause to be published and distributed a Notice of Sale of the Bonds of each series in ~uoh form and containing ~uch ~erms and conditions as he may deem advisable, subject to ~he provisions hereof. In lieu of publimhing the full text of the Notice of Bale of the Bonds of any serie~ in accordance with the provisions of the immediately precedin~ sen~nce, ~h~ Cou_~ty Administrator i~ hare~y authorized cause a Summary Notice of Bale of the Bonds of such series in such form am the County Administrator shall approve to be publlsh~d distribute~ a Preliminary official S~atement and a final Offioiel Statement, e Detailed No, ice of Sale and an Official Detailed ~t~ce of sale and official Proposal Form set forth in A~pendi× D thereto, to be in substantially the forms thereof presented to the meeting at which tkls resolution ~ ~dopted. (b} The County Administrator i~ hereby authorized to and~ without further aeui©n by ~he Board of eupervisor~, to in accordance with the provisions of the Detailed Notice of certified or bank caskior's ckmck in the amount specified ~n the Detailed Notice of Sale payable to the order of the "county ef Chesterfield, virginia"~ or in lieu thereof a surety bond meeting the condition~ ~p~eified iD the Detailed ~otice of sale~ and is otherwise in conformity with the Detailed Notice of ~sI~; (ii} tha~ ~he true interest coot to the County a~ half percent (7~%}; and (iiit tko redemption premium payable upon ~ho redemption of ~he Bondm shall not exceed five percent {5~} of the principal amount thereof. The County AdministratOr i~ hereby further authorized to determine, or to modify the of the Bonds~ the interos~ paymon~ dates for the ~onde, the date~ on which the Bonds shall mature, the ~rincipal amount of r~d~mption provisions applicable to the Bonds and to fix tho specified in the propoDal accepted by him in accordance with the immediately preceding sentence_ {c} The County Administrs~or i~ hereby further autkorlzed to execute and deliver to the purchasers of the BOnd~ of each series authorized for issuance under this resolution a Continuing Disclosure Cer~if£ca:e evidencing County's undertaking, t~ comply with the continuing disclosur~ requirement~ of Pa~aph (b){~) of suohRule 1~c2 extent applicable to the Bonds, such Continuing Disclosure Certificate mD bs in substantially the form set forth in Appendix C to the form of the Preliminary Official Statement presented to the meeting at which thig resolution is ~oge~her wish such changes as shall be approved by the County Administrator upon the advice cf counsel [including the County Attorney or Rend Counsel to the County) ~ such approval to be conclusively evidensed by hie execution of such continuing of Accountin~ and the County Attorney are hereby authorized to execute and deliver to the purchasers of the Bonds of each series one or more certificates in the forms provided for in the Official Statement relaaing tu the Sends of such series. SECTION 9. Official Intent~ This resolution shall constitute an official ~t~nt of the County purnuant Treasury Regulation Section 1.150-2 for purpose= of authorizing the County to reimburse itself from the proceeds of the Series of 1998 Bonds for original expenditures made on the public improvement projects described in Se~%ion 1(c) hereof made on or after the sixtieth (~0th} day prior to ~he date this resolution is adopted. S~CTIO~ 10. Filinu ~f Th4~ 9~o]dlt/on. The County k~tornuy is hereby guUhorized and directed to file a copy of this resolution, certified by the Clerk of the ~o~rd of Supervisors ~o be a true ~nd correct copy hereof, with the Circuit Court of the County of Chesterfield, SECTION 11. Invalidity of Sections. Pa~ra~hs. Cl&usee or Provi~io~s. If any suction, pura~raph, claus~ or provision of thi~ ~esolution shall be held invalid or unenforceable fo~ any reason, the invalidity or ~nenforcsability of such section, paragraph, clause or provimiun shall not affect any of the remaining portions of this resolution. SBCT%Q~ 12. ' i n . The headings of ~he sections of this resolution shall be solely for convenien¢$ interpretation or affect of such sections or of this SECTION 1~. iv ~ , This resolution shall take s££ect upon its adoptien~ And,'further, the Board adopted the following resolution: A F~$OLUTIO~ AUTHOK%ZING~ND PAOVI~ING FOR THE PREPARATION AND DISTRIBUTION OF A PRBLIMI~ARY OFFICIAL STATEMENT AI{D AN OFPICI~ STATemENT I~ CO~CTION WIT~ TH~ ~OP0SED ISSU~CE OF ~ %$$U~ OF CO~ OF CK~T~RFIEL~ VI~GIEIA, G~E~L W~EREA~ pursuant to Chapter 5.1 of Title 15.1 of the Cod~ of Virginia, 1950, recodi~i~d effective December 1, 1997 as Chapter 26 o£ Title 15.2 of the Cod~ of virginia, 195~ {the same bein~ the Publls Finance Asr of 1991), an election duly 97-844 calIed an~ hel~ tun,er the ~u~lic Financ~ ~ct cf 1991 in ~he County cZ Chesterfield, Virginia (the "Ccunty"l~ on Move~ber ~, 1996 {th~ "Bo~d Election") and an Order e~ the Circuit Coust of the COuutyr dated January 6, 1997, the County is authorized to conurauu debt and issue its ~sneral obli~atlon bondo in the amount oX Two Hundred Twenty-Eight Million Three ~undred Seventy Four Thousand Dollars {$~28,37~,~0); and WBEP~AS, the ~oard of Supervisors of the County Ithe "Board") deems it in the best interest of the County to issue $S~,265,000 principal amount of the general obligation bonds and known as the "County of Chesterfield, Virginia, General Oblige*ion Public Improvement Bondu, Series of l~PS" (the ~EEEAS, the Board determines it is necessary and desirable to authorize ~ke County Admini~trato~ and other appropriate officials and employees of the County ~o .ipresDeotive purchasers of the Bonds e Preliminary Official Statemen~ of the County relatin~ to the Sonds~ and to execute and dellver~ or cause tO be prepared, executed and delivered, to the representative of the purchasers of she Bonds a final official Statement ef the County relating to the Bonds; ~UP~VI$©~$ 0P T~ CO~/NTY OF CHESTerfIELD, VIRGINIA: Pre~4~la~V. Offlcial State~ent and Prenara~ion. ~xmcuties and Delivery of Official S~atement. (a) The County A~m~n~stratmr and other appropriate official~ and employees of hereby authorized and directed to prepar~ and di~trlbute, or cause to be prepared and distributed, %o prospective purchasers of ~he ~onds a Preliminary Official $~a~emen~ relating to the Bonds, such Preliminary Official Statement to be in substantially the form p~e~nted to and filed with the minute~ of the meeting ~% which this resolution is adopted. All actions taken by tbs ufficlals~ employees, agents and attorneys of the County wi~h respect to the preparation and di~tributiun cE such Preliminary Official Statement prior to the date hereof are hereby ratified and confirmed. (b) The County Administrator and other appropriate officials end employees of the County are hereby auth@~ized ~n~ dlreoted ~o prepare~ or to cause to be prepared, a final official Statement rela~ing to the Bonds, such final Official statement to be in substantially the form of the Preliminary Official Statement with the completion therei~ of %he information with respect to ~he interest rates to be borne by tbs ~onds as specified by the suc0ess~uI bidder for the ~mnds and other definitive details Of the Bond~ determined upon the sale of the Bonds to the successful bidder therefor. (s) Th~ Coun~yAdministrator is hereby authorized to execute and deliver to the representative of the pu~chaSer9 of the Bonds the final Official State~ent r~lating ho ~he Bonds in accordane~ with tAe provisions Of the De,ailed Monico of ~ale relatin~ to ~he Bonds. SECTION 2. Preliminar~fficial Statement "De~d 55c~-L~. The ~reliminary official Statement sh~ll be "deemed by the Securitie~ and ~xchange Commission pursuant to ~ke omission si information permitted to be omitted by Rule 15c2- 12. The County Adminimtrator is hereby authorized to mxmmut9 and deliver to th~ representative oi ~ha ~urchaser~ of the ~onds a cer~ifica=e dated ~hs daue o~ ute Preliminary Official 6tazement s~asing tha~ the Preliminary O~icial Statement is deemed final by the County f~r purposes of Rule 15c2-11 as Of its date. SECTION 3. Effectiveness of Resolution. r~solution shall take effect upon its adoption. This TO CO~SIDER AN ~NDME~U~ TO T~F~97-98 BUDGET TO APPR0PRZ~TE ~1,114,94~ IN ADDITIONAL ~RA~TT FUNDS ~ECEIVED FOR THE SCHOOL BUDGET Mrs. Dieks0n stated that this d~te and time has been advertised fur a public hearln~ to consider a~ ~e~dment ~o Lhe FY97 9S Budge~ to appropriate $1,114~948 in additional grant funds reseived for the School budget. No one came forward ~o speak in favor of or a~in~ ~his issue. On motio~ of Mr. Barber, ~eco~ded by Mrs. Huraphrey, the Board =mended the FY~7 98 Budget by increasing School ~rant Fund appropriatio~ in Instruction by $1,102,34~ and Administration/ Attendance a~d H~alth by 1G.E. TO CONSIDER AN ~DDITIONAL_.A~PROPRIATION OF ~2.$00r000 FO~ THE MEADOWVILL~ WA~WATER ~UM~ STATION PROJ~CT M~. g~ith mta~ed ~hm~ bhis ~ate and time hms been advertised for a public hearing to con~ider an additional appropriation of $2,600,000 ~nd award the construction project to Sou~hwood ~uildin~s for $5,904,3~.00. No one came forward to speak in favor o~ or against this issue. On motion of Mr. MoHale~ seconded by Mr. Barber, th~ Board appr0~ri~e~ an a~ditional $2,600,s00 for the Wastewater Pump Station Project; ~warded a construction project to Southwood Builder~ in ~he amoun~ of contingent upon ~he lndus~rial Development Authority enterinq in~o a dsvelopmsnL a~ree~ent with the Meadow~ille Trust; a~d authorized the County Administrator to execute the necessary documents. ~/~oI~ 97-~46 Mr. SKirt stated Chat ~hie date and time has bean advertised for a public hearing to coneider the proposed FY99 E~ancement have requested tka~ two i~ems be added to the Enhancement Project list and that staff recommends approval of the re~uest. Mr. McCraeken ~tated tkat Mrs. Kumphrey and Mr. Mc~ale kav~ requested tha~ twa project~ be added to the list including a project to provide ornamental etrsetlightm on Route l0 in the Village of Che~ter end a project for tko c~nstruction of sidewalks along ~alloway ~venu~ in %kc Me,ceca Middla/Kigh No one came forward to ~p~ak in £~vor o~ or a~ainst this issue. on motion of Mr. McHale~ seconded by Mre. Hnmphrey~ the Board approved the FY99 Enhancements Projmctm list end authorized staff to forward the limt to th~ Richmond and Trl citi~ Metropolitan Planning organizations for approval; ~ransZerred, Srcm the General Road Improvement Account the following Project ($~6,000 additional, 2} Landscaping Route 10 {I 296 Intarckangs Project ($10,000), 3] Route 3~0 Landscaping from Rout~ 2@S to Swift Creek {$1~,0OO); ~) Hallcway Avenue Sidewalk {$82,008); 5) Chester Village Streetlights {$3Q,000} ~ projec= construction and/or design and/or right-of-way acquisition agreements with the Virgimi5 Department of approval by the County Attorney; and adopfed the following ~q{ERF~AS~ in accordance with Commonwealth Transportation that the local governing body request, by resolu:ion, approval o£ the propoeed enhancement projects- NOW, ~%qEREBORE BE IT RESOLVED, that the Board Of Supervisors of Chesterfield County ~equest~ the CTB to establish a project for phase II of the landscaping on ~cute 10 a~ the Courthouse Complex. ~{D, B~ tT FURTHER RESOLVq~D, that the Board hereby to pay ~0 percent o~ the total estimated co~t of $5~0,Q00 for planning, design, righ~ of way~ and construction of Phase II of the Route 10 Landssepin~ Project at nhe Courthouse Co~plex, and that, if the Board subsequently eleet~ to tu%~eaeonably cancel this project, the County of Chesterfield hereby ~grees that Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department i~ notified of eueh cancellation. And, further, the Bo~rd adopted the following r~solution: that the local govsrnin~ body request, by resolution, approval of the proposed enhancement projects. NOW~ THEREFOFc~ BE TT RES©LV~D, that the ~oard of Supervisors of Chesterfield Gounty requests the CTB to establish a project for the landscaping on Route 3~O ~rcm Turner Road to Courthouse Road~ 360 Landscepin~ Project from Turner Road to Courthouse Read, and that~ if the Board subsequently elects to unreasonably cancel this proje~t~ the County of Chesterfield hereby agrees cancellation. And~ further, th~ Board adopted the following re,elation: W~g~A~, in accordance with Commonwealth Transportation B0~rd (CTB) construction allocation procedures, it is necessary that the local ~overning body request! by re~olU~iOn, approval oi the proposed enhancement projects. NOW, T~EREFORE BE IT RESOLVED~ that the Board of Supervisors cf Chemterfield County requests the OTB to establish a project tot the landscaping on Route %0 in the ~- 295 Interchange area, to pay 20 p~rcent o~ the total estimated cost of $50,000 for planning~ design~ right-of-way, and construction of the Landscaping of Route 10 (I-2~S ~nterchang~} Proje~t~ and th~t~ if the Board subsequently elects to unrsasona~ly cancel ~him project, the County of chesterfield h~raby aFrea~ that the Virginia Ds~ertmen~ of Tran~pomtation will be reimbursed for the total amount o~ ths Co~ts expended by the Dep~rt~eRt through the date the Doper%men% is notified o~ such c~nc~llatlon~ And, further, the Board adopted the following resolntion~ that the local 9overnin~ body request~ by resolution, approval cf th~ proposed enhaneeme~ pxojecta. ~OW, T~EREFORE BE IT t~ESOLVED~ that the Board of Supervie©r~ Of Ch~mterfield County requests the CTB establish a project ~o provide sidawalk~ and landscapin~ on improvements. 20 percent of th~ %o~al estimated cost of $60,Q00 for planning, design, rigkt-of-way, and c0nstruc~ion of the Sidewalks/ ~7-848 paid by the Village of Midlothian Volunteer Coalition. and that, if the Board subsequently elects to unreasonably cancel this project, the County of Ch~terfleld hereby agrees that the co~ti~ien will reimburse the virgini~ Department o~ Transportation for the total amount of the costs expended by the Department threu~h the d~t~ the De~rtm¢nt is notified of such cancellation. And, further, th~ Board adopted the following resolution: W~EREAS~ in accordan~ wi~h C©mmoaweal%h Transportation Board (CT~) construction ali0¢a~icn prooedur~s~ it is necessary that the local governing body request, by resolution~ approval NOW, TK~Pd~FOR~ BB IT R~OLVED~ that the Board of aupurvlsors of Chasuerfield County reque~tm the OTB to establish a project for the landscaping on Route 3~0 from ROute 28~ to Swift Creak. AArD, B~ IT FUR~KEK RESOLVED, that ~he Board hereby agrees tO p~y 20 percent o~ the total estimated cost of $70~000 for planning, design~ right-of-way~ and eons~ructlon o~ the Rcu~e 360 Landscaping Project from Route 28~ to swift Creek, and that, i~ the Board subsequently elects to unreasonably cancel thi~ project, th~ County of Chesterfield hereby agrees that Virginia Department of Transportation will be reimbursed for the total amount of ~he casts expended by the through the date the Department is notified of such cancellation. And, further, the Board adopLed ~he following ra~olution: WHEREAS, in accordance with Commonwealth Transportation Board (CTEI construction allocation procedures, i~ is necessary that the local governing body request, by resolution, approval of the ~ropo~ed enhancement project~. NOW, TMBR~FOR~ BE IT RE$0LV~D, that the Board of Supervisors of Ch%ster~iel~ County requests the OTB to establish a project for the Virginia State Univers~ty/Pttrick trail along the Appomattox River. AR~, BE IT FURTHER RESOLVED~ that the Board hereby agrees to provide an in-kind contribution eguivulent to 20 percent o~ the total astlmated cost of $~50,000 for plannin9~ design, right-of-way, a~d construction of the virginia State Univsrmi%y/~ttriok Trai! Project along the Appomattox River, and that, if the Board ~ubsequently elects to u~reaso~ably cancel this project, th~ County of Chesterfield hereby agrees ~hat ~he Virginia Departmen~ of Transporna~ion will be relmbur~ad for the total amount o~ the costs expended by the Department through the date the Department is notified of such cancellation. A~d, further, the Board adopted the following resolution; WHEREAS, in accordance with Commonwealth Transportation Boar~ (CT~) cobs%ruction allocation prooedure~, ic is n~ces~ary that the local governing body request, by r~utlon, approval of the proposed enhancement projects. ~OWj TKEREFORE BE IT RESOLVED, that the Board of Eupervisor~ of Chesterfield County requests the OTB tc and a pedestrian brid~e along 5he James River. ~ND, BE IT ~3RTMER RESOLVED. that the Board hereby agrees to provide an in kind contribution equivalent to 20 percent of the ~oLal eszimated coot of $15O~OOO for planning, design, riqht of-way, a~d COnSt~ction ~or the Dutch Qap Conservation Ar~a Trail and ~ede~trlan Brid~c Project along the James River, and that, if the Scard subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be Dep~rtmenu through the ~e ~he Depar~men~ is notified of such further, the Board adopted the following resolution: WMEREAS~ ~n accordane~ with Commonwealth Transportation B~&rd (CTB) conStruCtion alloc~tion procedures, it is necessary th&t tko lo,al 9overnin9 body request, by ~esQ~u~ion~ approval of the proposed enhancement projects. NOW~ THEREFORE BE IT RE$OLVED~ thmt the Bo~rd of Supervisors of Chesterfield. County rechecks the CT~ to establish a project for the oonstruc~£on of ~idewalks along Halicway Avenue in the Matoaca Middle/Hi~h Schools and Ma%ceca Park area. ~_ND~ BE IT FURTHER RESOLVED, that the Roard hereby agrees to pay 20 percent of ~he to%a% estimated cost of $4~0,000 for plannin~, deei~n~ right-of-way, and construction of the ~atoaca Middle/Righ Schools and ~atoaca Park Area Sidewalk ~rojact, end that, if the Bo~r~ subsequently elects Zo unreasonably oancel tkis projack~ the County c% Chesner~ield hereby a~ree$ ~hat the Virginia Department of Transportation will be reimbursed for the total amount of the costs ~xpended by the Department cancellation. ~d, furthez~ the Board adopted the following recolution~ that the local governin~ body r~quect, by raeolution, approval NOW, THEFdEFORE 'BE IT RESOLVED, that the Board of Supervisors of Chesterfield County requests the CTB 50 establish a projecu to provide period style li$hts on Route 10 in ~he village of chester. A~FD, BE IT FURTMER RESOLI~ED, that th~ Board hereby agrees planning, design, right-of way, and construction of the Cheater village Street Light Project on Route t0 will be provided by 850 eke Coalition for Chester Village, and that, if the Beard subsequently elects to unreasonably cancel this project, the CoUnty of Chesterfield hereby agrmm$ tha~ the Coalition will rei~%burse the virginia Department of T~ansportation for the total amount of the costs ex~ended by the Department thr~uqh the date tko Department ie notified of such cancelkation. Vote: Unanimous ~J. TO CO~TD~ ADOPTIO~ O~CONC~ RESOLUTION~J~ ~TICLE~ OF tNCORPO~TION CREATING T~E ~R~T~R Mr. Micas stated tha~ thi~ dat~ and tim~ h~ been advertised for a public hearing zo con~ider adoption o~ a concurrent resolution an~ Articles o~ Incorporttion creatin~ the Richmond Convention Center Authority. Ha ~urth~r stated that Qov~rnor George Allen has annou~csd hi~ support for $10 million i~ $~a~e Capital Funds as well ~s a legislative item that i~ orde~ to creatu the Authority, all four participating localities must adopt the same ordinance. ~ no, ed ~h~ ~5aff reviewed ~h= ckan~s. He stated tha~ Henriso will take action on the proposed ordinanc~ this evening, Hanover will t~ke action on Dece~r 17, 1997~ and ~ickmond will take action Deco,er 15, 1997. announcement on Deco,er 9~ ~997 of his support in =h~ budge= oi $10 million for ~he Richmond Centre. reflected the regionallzahion working ~oge~he= :o assure ~his facility be b~ough% ~u cumple~i~n and, again, demonstrated agsee On a program end project that everyone GO~d b~y r~cumme~ded by staff and that if any locality adepts different lan~aqe, let the administrators collectively address any differences and bring back unifor~ changes ~o all jurf~diction~_ Boa~d to adopt a concurrent ~olutiun ~nd articles incorporation creating the ~reater Richmond Convention center Au~horfny. When asked, Mr. Mica~ stated that Mr. Daniel'~ me, ion does include %he ~wo changes recommended by s~aff. sLa~ thaL ~he General Assm~ly and Governor Allen have shown a willingness to etep f0~ard regardin~ this issue. Ha stated that he has ~Dok~n with ~r~ Heinz ~athis, ~eneral Manager of the Sheraton on Midlo~hian Turnpike and a representative of the hotel industry~ has a~ress~d ~ha hotel industry's support cf the resolution. He ~ur~her stated that he fe~ls thim w~ll be continue to take ~ leadership role in regional activities. No one came forward to speak in favor of or against this ordinance. On motion of Mr. Daniel. seconded by Mr. Warren, the Beard adopted the following re~olution: ~ND %7{E BOARDS OF SUPERVISORS OF CHESTERFIELD! RANO%q~R A/~D ~ENRICO CO~T~E~ C~TIN~ ~ A~ORITY ~ER TEE P~LIC ~CREATIO~kL PACI~IT%~ AUTHORITIES ACT ~D SETTING FOR~ T~E ~TICLES OF INCORPO~TION OF THE AUTHORITY ~EREA$, the Co~nci% of the City of Richmond and the Counties (collectively, ~ke IIGovernin~ ~odies") have determined authority pursuant to the Public Re,rea%lo,al Facilities Au%befit%es Ao~, Chapter ~9. Title i5.i of the code of Virginia, as amended (effective Dece~lber %, 1997, Chapter 56, '~Kichmond Centre" and to en~a~e in other activitie~ authorized ~EREA$, in contemplation of an ~iLional 2% transien~ occupancy ~ax and a $10 million s~a~s appropriation, the Governing Bodies wish to create such an authority ae provided by the Act; ~0W~ TE~REP©K~ ~ IT RESOLVED by the Council of the City Richmond, and by the Boards of Supervisors oi Chesterfield, .SecA%on 2. The Articles of Incorporation of the Authority sh~ll be es follows: ARTICLES OF IMC©RPO~J~TION OF GRgAT~R RICHMOND COt~ENTION CENTER AUTHORITY The Council of the City of Richmond and the Boards of Supervisors of the Counties of chesterfield, Hanover end Nenrico, have signified 5heir intennion, by sdoption ef appropriate ordinances or resolutions, to create a public authority purgnant to the Public Recrsatlonal Facilities Authoriti~g Aet~ Chapter 29, Title 15.%, Code cf Virginia. 1950, as amended, {e££ective December %, 2997, Chapter 56 of Title 15.2, ' ' i , !950, as amended) (the "Act") 97-852 which authority shall be a political subdivision of the Commonwealth of Virginia. Accordingly, the Council and Boards Certify the following: A~TICLE I Creation and Name of Authority The Authority is created pursuant t© t}%~ provisions ©f the Act. Th~ name of the Authority skall be the ~GrsaZnr Richmond Convention Center Authority'~ {the ~Autherity") and its principal office ~hall be loeatsd at the Richmond Centre, 400 E. Marshall Street, Richmond, Virginia 23219. A~TICLE %I Incorporating Political Subdivisions The names of the political ~ubdivisions p~ticipatln~ in the iaoorporation of the AuEhority 8re the City of Richmond the Counties of Chesterfield, Kano~er and ~enrico. Any political subdivision may withdraw from the ku~hQrlty only upon six (6) months written notice and only upon compliance with applicable $~ate law. ARTICL~ III ~urpose and ~owers The Authority i$ created to acquire, finance, expand, runovate, constr~ct, lease, operate and ma~ntaln tb~ facility and srounds of a visitors and convention canter or oen~er~ ("Couvengion Center") includ~n~ the facility and ~rounds currently known as the "Richmond Centre.~' The Authority shall hav~ all of the powers granted by ~he Act and shall be subject to ~11 of the obligations and responsibilities provided ~m the Act or c~herwise by law. The Aufhorlty may en~a~e in any other activities not prohibited by law. The Authority may adopt bylaws. The Authority may carry out its purpose itsel£ or may do so through other public or private individuals or entities. It is anticipatsd by the incorporating political ~ubdivimion~ that the primary purposes of the Authority will be (a) to immum bonds to finance th~ expansion, renovation or replacement of the "Richmond Cen%r~" facility and ground~ a~ well as to i~p~Ovements, and (b) to operate and m~in%ein the fa¢ilitY~ grounds and improvements or to contrac% for such operation and ARTICL~ IV Voting A majority of a quorum shall be sufficient to adept any ~otio~ ~xcept ~hut any action to acquir~ mny interest in reel estate, incur any debt or expand she Convention Cen~er shall r~qulre four ~ff~rmativa votes o~ the commission. ARTICLE V Commission Members and Terms 5.1 The powers of the Authority shall be exercised by a COmmission which shall consist of five m~mbern. The governing bodi~s of ~ack of ~he ~ou~ incorporating political subdivisions hereby appoint its chief ad~ini~t~ativ~ officer a~ a ~e~ the commission..The governing bodies of ~he four ~nc©rporating political subdivisions hereby jointly appeznt the P~esident/C~0 of ~h~ Retail Me,chants Association o% Qreater Richmond {~R~ai% Merchants") or izm suecesm0r organization ag the fifth ·ember of th~ commission. If the Retail Merchants ~hould at some point cease to exist in subm~antially its pres~n~ the governing bodies of ~ha £cur incorporating political subdivisions shall jointly appoint, as the fifth member of the eo~i~ei0n, ~ r~sident of one of the incorporating dev~opm~nt~ The names and addresses of ~he ~our initial members o~ ~he commission appointed by each o~ the four incorporating political subdivision~ and the nam~ and address of the ~ifth initial me~ez of %ko commission jointly by tko governing bodies o£ the ~our incorporating pmlitlcal subdivisions, are as follows: ~a~e/~ess ~ppoi~tin~ Political Connie Bawoum City cf Richmond Richmond~ Vir~inla ~$~%~ Chesterfield~ Virginia 23@Bl- John F. Ber~ County of Hanover Virgil ~. Hazelstt Co~y of Henrico Richmond, virginia 23~73 William M. Baxter, CAE Re~il Merchants Association ~.2 Each succ~sso~ ge~ail here~y jointly appointed by the ~Ovex~inw bodies of the incorporating political President/C~O. 5.3 The terms cf th~ initial commission m~mber~ aka%% be~in on the date the resolution an~ A~ic%es of Incorporation creating the ~u~herity are adsp~ed Dy the last of the incorporating political ~ubdlvlslons. Th~ terms of ~ks chief a~miniotrative officers and ~ha Retail Merchants President/CEO ~hall continne ~o long as they remain in their respective offices. ARTICLE VI Officers The members of the commission shall elect one member as Chairman and one member as Vice-Chai~men, and ~hall ~lect a may metre as both Secretary and Treas~rer~ The officers shall be elected annually at the annual meetin~ of the commission. ARTICLE VII The initial mmeti~ of the Authority shall be held by the ccmmi~sion on January 9, 1998~ at 9:00 a.m. at the C~ntr~, 400 ~. Marshall S~reet, Richmond, Virginia. The commission shall hold an annual meaning and such other meetings es specified in the Bylaws of the Authority~ A~TICL~ VIII A~nual Audit The Authority shall cause it~ fund~ and flnanci~l to ba ~u~i~ed annually by an independent ce~uifi~d ~ublic accounting ~i~ and shall furnish a copy of each such annual audit to the incor~oratin~ p01itic~l ~ubdivisions upon completion. The c~st of the audit shall be paid in equal amounts by the incorporating political subdivisions. IN WITNE~ W~OP~ the Council of the City of Richmond and the Boards o~ Supervisors of th~ Counties Of ~anover ~nd ~enrico have caused these Ar~iclem of ~o ~e execuned by their duly authorized officers as 17th day of December, 1997. (SEAL) Attest: Clerk of council By ~ CITY OF RIC~94OND Mayor A~tes~: Clerk, Board of Supervieorg COL~4TY OF CHESTERFIELD Attest: COUATT y OF Clerk, Soard ct supervisors ISEAL) Attest: clerk, Board of Supervisors Vote~ Unanimous By: Chairmen, Board of Supervisors By: CO[/NTY OF ~AYRIC0 In Matoaca Magisterial District, M. DF=kN~ITT~C~O~ reqllested a Mobile Nome Permit and amendment of zoning district map to park a mobile hume in a Residential (R-7) District. The density of this proposal is approximately 0.017 unit~ per acre_ The C©mprehunoive Plan suggests the property is appropriate for residential use of 1.01 - 2.5 units per acre. This property fron~ ~he eas~ line of Halluway Avenue~ approximately fee~ north of Meadowview Drive, in the vicinity of 21005 Eallowey Avenue. GPIN 7@2-~12-3089 (Sheet ~r. J~¢obmen presented a summary of Case 9~SN0159 and stated %ha~ st=ff recomman~s denial o~ the request beeauoe th~ County's Comprehensive Plan desi§nates this area for residential sinsle-family development and that staff has been very restrictive in t~rme of new mobile homes l~ca~in~ inho existing or planned residential neighborhoods. Ke further stated that if the Board appreve~ this request, st~ff recom~end~ ~mposing two additional OOnd~iuae Condition $. and 9-, rela~in~ ~o a wooded buffer around ~he mobile home. He noted th~ home is located in an area designated by the Southern and Western Area Plan ~or residential use. Dean Whittington stated thaL the recommendation, with the added condition$~ is aoceptable. There waa no opposition present. Mrs. gumphrey expressed appreciation ~o M~. Whittington ~or hie Humphrey then made ~ motion~ seconded by Mr. , for the $oar~ to approve Case 9~$N~159, subject to the ~ollowing conditions: The applicant shall 'be ~he owner and cccu~an~ of the mobile home. ~7-$56 2. No lot or parcel may b~ rente~ or leased for usa as a mobil~ homo site, nor shall any mobile ho~e be used for rental property. ©nly one [1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot slze~ yard setbacks, required from5 yard, and other zoning requirements of the applicable ~oning dis~rict shall be complied withr except that no mobile home shall bs located closer than 20 femt to ~y existing residence, 4. NO additional permanent t~z~s living space may be added Onto a mobile home. Ail mobile homes shall be skirted 5. h~aere public (County) water and/or sewer are available, they shall be used. 6. Upon bein~ granted a Mobile ~ome Permit, the applicant shall then obtain the necessary permits from the O~fi~ of the Building Offi0ial. This shall be done prior to the installation Qr relocation o~ the mobile home. 7. ~y violation of the above conditions ~hall b~ grounds for revocation of the Mobile ~oms Permit. g minimum fifty {50] foot bu~ar sh~ll be maintained around the mobile home site. Excep5 for access through this bKffsr~ existing mature vegetation ~hall be preserved and~intained, u~les~ xe~oval ia approved by the Plarming Department. This con~i~ion shall not 5e applicable to the removal of dead or diseased trees. Within the fi£%y (50) foot buffer where no existing vegetation exists~ the applicant shall install lan~scapin~ a~ ~ density of 1.5 times Perimeter Landscape C. ~ landscape plan shall be submitted to the Planning D~partmen~ for review and approval priQx tO Certificate of Occupancy. All shru~s sh811 be fart growing, l~rge ma~uring species that will provide a visual barrier. Mrs. Humphrey excused hersel~ Item the meeting. 98SN~121 In Clover Hill Magisterial District, NORT~ SOUTH-~60, L.C. Agricultural (A) o~ 7.4 acres, General Business [C-5) of 3.5 acres ~nd Light Industrial (I~l) ~f 4.~ acres to Community Bueimes~ (C-3) with Conditional Use Planned Davelopmen~ to p~rmXt ~eto= vehicle se~ica and repair, sxcludin~ body ~hcpa. 12/~Q/97 97-857 ThR density of such mmendm~nt will be controlled by zQ~iDg ~onditions or Ordinance standards. The Comprekensive Plan suggests the property is appropriate for light industrial use. This rsquest lies om a total of 14.9 ae~es fronting approximately 750 feat on the north line of Wall Street Road, approximately 44Q feet ~ast of ~peeks Drive. ~IN 946 655 5150 and 8565~ GPIN 747-655-02~3, 0~5~ and I~56; and GPIN 746 686~ Part of B321 (sheet 1~). acceptance of nba proffered conditions. Mr. Jim Theobold, representing the applicant, stated the= 5he recommendation is acceptable. There was no oppositien present. Mrs. Humphrey returned to the meeting. On m©tiQn o~ Mr. Warren, seconded by Mr. Mc~ale, the Beard conditions: 1, Public Utilities. The public waZer a~d waste water system shall be ~sed. 2. Architectural Standards. All building~ tO be constructed on the Property shall be compatible in architectural styls~ matarlals~ colors, details and other design features. Franchise ty~e outparcel buildings ~hall b~ compatibl~ to the architectural styles, materials, colors, details ~n~ other design fuaturss which predominate in =he commercial development. 3. Transportation. a. The maximum density o~ development on the Property shall be one hundred thirty-two thousand (132,000~ densities as approved by the Transportation Department, b. Direct access from ~he Property to Route 3¢0 shall be limited ts one (1} entrance/exit. This access shall align the existing erosuover on Routs 360 located just east of the Specks Drive intersection. The exact location Of this access shall b~ spproved by ~he Transportation Department. Developer ~hall ~rovide the follow,ns road construction of additional pavemen~ along the westbound lan~s of gouts 3S0 at the approved a~oeee ts provide a right turn lane; 97-~58 eastbound lanes of Route ~60 at th~ appr©ved access to provide an adequate le~t turn lane at the existin9 crossover as determined by the iii. construction of an access road from the location and design of which shall be approved by ~ke Transportation Department; and dedication to Chssterfleld CaunZy, free and unrestricted, of any ~dditional right-of-way (or eass~ent~) recruited for the improvements identified above. 9~SN013~ In Clove~ Hill Magisterial District, T~ VT~LA~E AT WATERFORD, L. ~. requests amendment to Conditional Use Planned Development {Case SeSN015~) and amendment of zoning district maD to permit pat grooming uae. The density of such amendment will he controlled by zoning cond£tion$ or Ordinance standards. The regional mi~sd use, This request lies in a Light Industrial II-l] District on ~1.7 acres frontinf approximately 5~ f~et on the north line of Genito Road~ also fronting approximately feet on Lhe east line of Coalfield Road and approximately 580 ~eet on the south line of Watercovu Road and tocat~d in the intersection of these roads. GPIN 7~9-6S~-~, S969 and Mr. Jacobsen presented a summary of Case 989N0~31 and stated that staff and the Planning CommissiOn r$cQmme~ approval. ~e no~e~ the request conforms to the Upper gwift ~reek Plan. Ms_ Dee Butler~ representing the applicant, stated the recommendation is acceptable. There was n~ oppo~ition present. On motion o~ Mr. Warren, ~eeondsd by ~rs- Humphrey, the Board approved Case 9gSNOl31. 98SN0144 In Dale Magisterial District, HENRY ~ J~NET MOE request Conditional Use and amendment of zoning district map ~o permit a two family dwelling in a Residential {R-7} District. The d~n~ity of ~uch amendment will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the p~operty ie ~pprop~iate for r~idcntial u~¢ of known as 6350 Dalabrook Road. ~PIN 784-6s$~1950 (sh~ 16}. ~2/1Q/97 97-859 that staff a~d ~he Planning Commission. recommend approval, subject to conditions and acceptance of the proffered acceptable. Tkere was brief discussion relative to tko proffered condition occupancy of the dwelling. There was no opposition present. On ~otlon of Mr. Daniel, aecond~d by Mrs. Humphrey, the Board approved Case 9SEN0144, subject to the following conditions: 1, Occupancy cf the second dwelling unit shall be limited to: related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic restriction shall be recorded setting forth the limitation in Condition 1 a~ovs, The deed book and p~ge number of And, further, the Board accep~s~ hh~ following proffered condition: If the backyard septic syste~ servin~ the hous~ at 6350 Dalebr~ok Drive should uvur become inoperative and hoo~ up to the =xisting county sewer line within six In Matoaca Magisterial District~ RIC~0ND KOREAN METHODIST C~T3~C~ requests rezonlng ~nd amsndman= of zoning die,ricK map ~rom ~gricultural (A) ~o Residential (R-12). A single family residential subdivision having a mini~ let size of ~quare fa~t is planned. Renidential use oi up to 3,~ units pe~ $or~ is permitted in a Residential (R-12) District. The d~nzity of such amendment will be COntrolled by conditions or Ordinance standards. The Comprehensive suggests the prop~r~y is appropriate for residential uss of 1.5~ to 4.0 units per acre. This request lie~ on 5-3 acres lying apDroxlmately 575 fe~t off the we~t line of Courthouse 67S-Part of 78~ (Sheet 12110197 stated that staff re0ommen~s approval subject tc the applicant ~dressin~ the impacts on capital facilitie~ ~nd that the Planning Commission recommended approval and acceptance of the prefected conditions, which includes the cash proffer payment of $4,000 Der dwelling unit. She further stated that the a~pllcant has agreed to pay the County $4~0Q~ per dwellin~ unit te defray cost of capital facilities which will be necessitated by this development. She stated that th~ Ro~rd has a policy that a maximum of $6,0~0, per dwelling unit, should be accepted. She further stated that based on th~ applicant's proffer, an $24,~00 will have to be id~ntlfi~d %© e~drcss ~his unmet ~iscal impact. She stated that ~he Bcazd~s pclisy does state that there may be un~que circumstances which may justify accepting below the maximum cash proffer amount. Eke noted Mrs. ~umphrsy stated that this particular tract o~ land is in fill end is located in a high density area. She further ~tated that the applicant has agreed ~o reduce the number of lots from sixteen to twelve~ which has a reduced impact on schools. proffered conditions: 2, ~xcept for timbering approved by the Virg~nla State Department o~ Forestry for the purpose of removing dead cr from =he ~nvironmen~al Engineering DsDartmenk and the approved devices have bast in,tailed. 3. k maximum of twelve (%2} lots shall b~ permittsd, square feet. 5. The miuimum gross squar~ footage of he,es shall be 1,500 square ~eet. 6. The exposed surfaces of all foundations for dwelling units shall be faced wl~h brluk. 7. The applicant, mubdivider, or assignee(s) shall pay th~ fsllcwln~ to the County of Chesterfield at ~he time of ~uildin~ permit application ~or in~rastructur~ a. $4,000 per dw~llin§ uni~ i£ paid prior to July 1~ ~/~/~? 97-861 tO exceed $4,~19 p~r dwelling unit~ if paid between July l, 1998 and June ~0~ 1999; or The amount approved by the Board of Supervisors not to excexd $4,819 per dwelling unit adjus=ed uFward by any increase in ~he Marshall and swift Buildin9 Coen Index between July 1, 1998 and July 1 of the fiscal year in which the payment is made if paid afLer June ~0, 19~9. The proffered cask amounts will be pro rated by Chesterfield CountySs office of Budget and ~ana9ement amen9 the five ca~e9ories of capital improvemangs used in the calculation of the fiscal impact~ In hhm event the cmsh pay~en~ is no~ used for purpose gar which proffered within 25 years receip%, ~he cash shall be returned in full to the payor. On motion of Mr. ~¢Hale, seconded by Mr. Barber, ~he Board =ha ~oard of Supervisors orqanizational meeting and first regular meeting. County A~ministxa~or~ Arthur $. Warren Chairm~n 97