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06-11-1997 MinutesSUPERVISORS Mr. Arthur S. Warren~ Chairman ~r~. Ronny B, Humphrey~ Vice Ch~m. ~r. Edward B. Barter Mr. Harry G. Daniel Mr_ J. L. McBale, III Lane B, Ram~ey County Administrator ~taff in Attendance: Col©riel Carl R- Baker, ~olice De~art~snt Ms. Marilyn Cole, Asst. County Administrator Mu. Mary Ann Curtin, Aoting Dirootor.~ Int~rgov. Relations Ma. Faith L_ Davis, Cl~rk to the Board Chief F_ W. Dolezal, ~r. Michael Golden, Dir., Deputy CO. Adnin., County Ombudsman Public Affairs Dir.~ Accounting Mr, Robert L. ~asden, Mr. R. John ~ccracken, Dir.~ Transportation Dir.~ EnV. Engineering Mr. Eteven L. Mica~, CouDty Attorney Community Development ~. Warren called ~he regularly scheduled meeting to order at 3:1~ 97-277- 1. APPROVAL OP KINUT~S 1,~, MAY 14z 1997 approved the minutes of May ~Rr 1~97, as submitted. O~velopment for the virginia Association oS Counties (VACo}. Virginia A~o¢iation of Ceuntles exists to support County Virginia. Me encouraged the County to begin considering proposals that it would like to hays incorporated into VACo's legislative program. He expressed appr~=iatlun to the Board for their participation and support of VACo. When ~sked, Mr. Land stated that critical issue~ that the Association will be focusing on, in the upcoming General Assembly, will include unfunded mandate~ and enhanced aut~0~ity for local governments. thg County tu visualize whet it i~ like for the entire State. on behalf of the Countie~ threugkou~ Virginia. Department staff for their achievement in being the recipient the sixteenth ccnsecntivm y~r. Me no=ed that this is tho financial reporting. Ms. Lyle ex~resmed appreciation for the recognition and to her Accounting ~taff for making this acl~ievement possible. She e~rsssed appreoiation to the Boar~ of SuDerviuors and County Administration for ~heir oontinue~ support which enables the Mr- Ramsay recognized Mrs. HumD~Eey and 'referenced a Certificate ef Recognition signed by Governor Seorge Allen and ~etey Davle ~eemer, Secretary of the Communwealth, racoqnizin~ February 5, 1997 es Suzanne B. Humphrey Day in the Commonwealth of Virginia, in honer o~ her birthday. He also recognized Mr. Stith who also received a Certificate of R~cognibion signed by Governer Allen andBatsy Bsamer reeugnizing Apr~l 11, 1997 as Millard D. Stith, Jr. Day in th~ CO~enwealth of Virginia, Xn honer of hi~ birthday. 3. BO~=RD COMMITTEE REVERTS There ~er~ no Board C~ittee Reports et this time. ~r. Warre~ recognized F~r. Ramsay for being a winner of a Natlenal Public Service Award and noted that a Sp=ciul awurd tribute will be held on July 29, 1997 in Philadelphia on behalf of thi~ honor. He stated that the county is Very fortunate to have Mr. Ramsay a= it~ Count?- Administrator. 4. REOUESTS TO POSTPONE ACTION, ADDITIONS. OR C}Lm~ES IN TRR ORDER OF ~R~SENT~TION OD ~otien of ar. Daniel, seconded by ~r. ~sHale, the Rnard added an Attachment to Item 56.I., ~ublic ~aring tc Consider an crdlnance to A-mend the Cude ef the County ef chesterfield, 1997, as Amended~ by Amending and ~enacting Sections ~7-11, 19-25, and 19-279 Relating to Fea~; added Item 8.A.7.~ Nomination/ Appointment to t~ Disability Servic~ Eoard to fellow Item 8.A.~., ~cminetion/Appointment to tho Community Criminal Justice Board~ a~ded Item ~.B.25.e., Transfer of Bermuda District ~hrse Cent Read Funds for the Purchase and Installation of Football Goal Posts at Marguerite Christian Elementary ~ohoot te £ellow Item 8.B.25.d., Transfer of Dale District Three Cent Read Funds for the Magnolia Grange W=dding R~enactment; added Item S.B.25., Appre~rletlen of Funds by the Colonial ~eights City Council for services Prevlded to Clients Under the Comprehensive Services Act te follow Item added Item 8.B.~7., Approval of Plan Amendments to the Chesterfield County Supplemental retirement Plan to follow Item 8.B.16.; moved Item 8.B.l.c., Resolution Expressinq Appreciation te =he 288 Freeway Committee for Their Efforts in Securing Funding for the Completion of Route Z$$ to follow 5.~., Resolution Recognizing the Drander~ill Community for Their Tnvolvement in the "Adopt A Family" =ffert; and meve~ Item S.~.l.h., Resolution Recognizing Chesterfield County Churche~ for Their Contrlbution~ to the County to be sefore item 15.A., Resolution Recognizing Austin Brockenbroug~ the "chesterfield County Buslne~ Appreciation and Recognition Award" and~ adopte~ th~ Agenda, es amende~. Vote: Unenlmous ~TZ RETTR~NT Colonel Baker introduced Mr. Jimmy E. Brown who was present to accept the resolution. 97-379 6/11/97 On motion of the Board~ the following resolution was adopted: WHEREAS, ~r. Jimmy E. Brown will retire from the Chesterfield County Police Department on 3uly 1, 1~97; and W~EREA$, Mr. Brown has provided over twenty-eight years of quality ~rvioe ko the ¢itizsna of Chesterfield County; and WHeReAS, Mr. Brswnhas faithfully ~erv~d the County in the capacity of Di~patch~ Patrol Officer, Investigator, and Training Officer; and WHeReAS, Mr. Brown was one of the first officers to serv~ in the new Covert Operations Squad; and WHEREAS, Mr. Brown h~s served a~ a primary flr~arm~ in~tru~tor for many years~ until hi~ retirement, and has been WHEREAS, Mr. Brown ha~ ~9~d as the Department armorer WI~REAS, zr. Brown ~es provided the Chesterfiel~ County Police D,partment with many ye~r~ of loyal and ded±~ated s~rvice; and WHEREAS, Chesterfield County And ~he Board of Supervisors will ~iss ~Lr. Brown,s diligan~ service. NOW, T~EREFOR~ ~ IT REMOLVED~ that the Ch~mterfield County B~ard cf supmrvisors p~blicly recognizes ~. Jimmy E. Brown and extends, on behalf of its members and the citizens of Chesterfield County, their ~ppreGi~ion ~o~ him servlmm to the County and their bee: wish~ for a long and happy retlrm~ent~ AND, ~ IT FUR~R RESOLVED, ~hat a copy of t~i~ re~ol~tion be Dresente~ to Mr. Brow~ and that this resolutio~ be p~rmanen~ly r~corded ~ong the papers of thi~ Doard of S~pervisors of Chesterfield County, Virginia. Vote: Unanimous 3~ffersQn Cup to Mr. Brown, accompanied by his wife, e~pr~$~ed appreciation ~o~ his dedicated se~viue %c fha County~ and wis~d him well in h~ retirement. County and wished him well in hi~ retirement. Mr. ~rcwn e~res~ed appreciation for the recognition and stated Counay and that he ~as enjoyed his service with =~e C~unty. 5.E, ~O~NI~iN~ THE B~.%~DER~ILL COFRtUNITY FQH T~EIR accept the on motion of the Board, the following resolution was ~dopted: WI~EREAS, the Brandermill Community joined the "Adopt A F~mily" effort -- a progran to assist families whose home~ and ~onfent~ were destroyed by flood waters in tl~e wake of ~urricane Fran~ and ~/11/97 97-3~0 WHEREAS, ~urrioame ~ran caused flooding in ArcadiaI Virginia in September 1996~ demtroyed the home of Sherry and Paul Aliff and their family; and WHEREAS, Hurriosme Pram also de~trcy6d all the clothing and household item~ owned by Betty and William Rice in Loudoun County, Virginia; and WHEREAS, the Brandermill Community "adopted" the Allff and Rice families and provided them with scsistsnce in rsplacing their clothing and household items; and WHEREAS, Brandermill re~idsnts have previously adopte~ other families in need following natural disasters; and WI~IF. AS, this kind uf generous a~sistance provided by Brandermill residents to families in need i~ something of which all Chesterfield County may be proud. ~OW, T~E~EFORE BE IT R~SOLV~D, %hat the Chesterfield County Board of Supervisors publicly e×pre~ses its pride in th~ ~randermill Community an~ extends i~s sincere appreciation for their efforts to help those in n~ed_ this Board of Supervisors of Chesterfield County. Vets: Unanimous accompanied by ~. ~at John=on, Ks. Dennis Lindalier, and Ms. Mary Gregory, the core group of re$iden=s who assisted in her and ~he Brandermill community f~r their efforts in "Adopt a Family" and for the ~istance they have given families in ail the communities who have donated good~ to families. She 6. WORK ~ESSIONS 6.~. COUNTY'S ~SH PROFFER POLICY Mr. Stegmalmr pre.eared an overview of the County's cash proffer policy including annual cost calculations and maximu~ proffer amounts. He ~tated that staff recommends that the Board consider a two year, phased increRse to the mezimum proffer of $6,819 and direct staff to in~orm members of tha home building industry of this change and bring a final recommendation to the Board at its J~ly 2), 1997 meeting. Ha further stated that recommended policy revisions include adding language t~at would recognize an ap~Iicant's ability to identify unique circumstance= about a project which would reduce the project's fiscal impact. Me reviewed reconumended long-form study projects including defining the relationship between land use, density, and th~ ~ee~ ~or public facilities; de~inin~ additional "~nique oiroumstahees"; and identifying areas of the County wh~r~ d~velopmen~ should be ~nucurug~d through land us~ incentives. }ir. MoHale ~ade a motion, seconded by Mrs. ~umphrey, for the Board to d~fer consideration sf the County's Cash Proffer Policy ~ntil July 23~ t9~7. 6/11/97 97-381 When asked, Mr. Steqmaier stated that staff is com£ortable with the slight increase in the a~ual cost calculations for roads, even when compared %o the dramatic increase in ~hs so~t tm schools. He further stated that cost ~alculatlons are ~elng ~j~sted annually an~ r~lect new b~d~ received for school projects. Mr. Ra~gey stated that schoo~ figures will increase in lar~er increments because the County is not building schools every year. He further stated that road figures hays ~e~n gTadually increasing each year because there is more cost data. Mr. stegmaier stated t~at approximately thirty percent~ of th~ SChuul's increase in cost~ is due to the complicated credit calculation =hat goes into the net cost calculation for schools. ~e note~ that the credit calculation for the road and so,cci proffers are very different~ ~r. Warren called for the vote, on the motion made by Mr. No,ale, seconded by Ers. Humphrey, for the Bea~d tO defer cen~deration of the County's Cash Proffer Policy until July FOR THEIR EFFORTS IN 8ECURIN~ FUNDIN~ FOR TWE COMPLETION OF ROUTE Mr. ~cCr~cken introduced Mr. Richar~ Hol~er, Chairman, and Mr. Stephen Baril, Vice c~airman of the 288 Freeway Executive Committee~ ~ho were present to accept the re~clution. On ~otion of the Board~ the following resolution was ~dopted: WHEREAS, the completion of Route Z88 has been in the regional transpertation ~laa for ove~ thirty year~; and WHEREAS, the completion cf Route 28~ will reduce traffic congestion, improve air quality, enhance economic pro~perity~ end provide for a b~tter future for the metropolitan area; and WH~AS, funding for the Completion of Route ~ wa~ not identified in the Virginia mepartmen~ cf Transportation Six Year Imprsvement Program; and W~EREA$, in February, 1996, th~ ~88 Freeway Co,mi%tee, a public/private partnership, was initie=ed by Chesterfield County and =he Chesterfield Business Council to build for the construction of Route 288, withou= tolls; and WHEREAS, the Committee has the euppor= of the Beard of Supervisors and Legislative Deleqaticns of Ch~terfield, Goochland, Ken~ico, and Powhatan do%~ies; t~s Transportation Task Forc~ of the Grea~er R±~h~o~d Chamber of Co~erce; Chesterfield Business Council; the Ric~on~ ~e=ropolitan Planning Organization and Planninq District Co--lesion; the neiqhborhood and civic :rganizations~ a~d n~erous public .[ WHEREAS~ on ~ay 5, 1997, Governor ~eorge Allen a plan to provide funding for th~ remaining sections of Route 2~8 ~o con, traction will begin in 1~99 and be co,Dieted by 2002~ and ~/11t97 97-3~2 W~EREAS, the Governor's commitment to the completion of Route 285 is due in large part to the effort~ ef the Freeway committee. N@W~ THEREFORE BE IT RESOLVED, that the Chesterfield County beard ef Supervisors publicly expresses its deepest appreciation ts the 288 F~e=way Committee for its leadership, commitment, and dedication in eeeuring funding for the completion of Route AND, BE IT FURTHER RESOLVED, that a copy of this resole%ion Me presented ts the 288 Freeway Committee and that this resolntion be pe~anentty recorded among the papers Of this Board of Supervisors of chesterfield county, Virginia. Vote: Unanimous Mr. Warren presented the executed ~esol~tion to Mr. Ho]der and Nr. Peril, ex, reseed appresiatien, on behalf of the Board, for their efforts in securing funding for the completion of Route Mr. Holder ex-pressed appr~ciatlon to th~ Board for their · support and to ~r. Ramsay and Mr. McCraoken for their professional support and guidance %hruugh~ut this process. Ha commended Mr. Beril for his outstanding effo~ts and leadership during thio reviewed changes requiring Board action; changes which may require soard action; and changes affecting the County for which no action is re,ired. public h~urings to consider the following l~S Virg~ni~ General Assembly L~gisla%iv= i~em~ which require ordinance ~anges: Discussion, ~o~n~, and questions ensued relative to the n~bering process if a dwelling is not visible from the road as it r~lat~ to amending the ~tate cod~ which localities to r~quire that buildings with fronts on any right- of-way ~ numbered in a manner ~hat is easily readable from the right-of-way; "defacement" meaning the front of a buildin~ through graffiti or vandalism; the cost of a repair under this ordinanoe will be a lien on the property and not ab~orbed by th~ County[ to an amendment to the state code which allows localities that re,late dangerous dogs~ by O~dinance, to allow animal wardens to, after an ~nvestigation, deternine whethe~ dog i~ a dangerous dog; and to an amendment to the state coda which allows localities to '~privatize the disposition of abandoned vehicles by having abandoned ~ehicles sold at public auction by private contractors, following due nutic~ to the vehicles' registered Mr. Daniel requested that staff inform the Boa~d of the fiscal impac~ of eliminating the BPOL license fee on businesses which There was brief discussion relative to the staff reco~endat~on u~ "no autlun" relating ~o ~he chang= in ~he S:a%~ code Board that this item be brought back to the Board at a later support for such ordinance. 6]11/97 97-~ ~¢nen asked, ~r. ~icas stated that it is a Stats mandate that tho length of o0n0ealed weapons p~rmit increases from three five years as it relates to an amendment to the state code requiring a locality to pass an ordinance if it wishes to continue fingerprinting concealed weapon permit applicants for purposes of obtaining criminal histories as part of the 0~ motion cf Mr. McHale, seconded by ~r. Daniel, the Board ~et dates for public hearing~ bo ¢onzider the following 1996 Virginia General Assembly Legislativ~ items which require ordinance Changes: COMMUNITY D~V~LOPMENT 1. Amendment to the state code which expands the definition o£ "immediate family" to include "siblings," when determining a property owners right to subdivide a lot parcel ~cr the purpose of making a sale or gift ts a family member. 2. Amendment to tho state code which authorizes localities to require that buildingu with fronts on any right-of-way be numbered in a manner %hat is easily readable from the right-of-way. 3. A~endment to the state code which a~thorizss the County, by ordinance, to require that th~ uwner of occupied residential real p~Operty of le~g than Ohm-half acre cut thc grass o~ la%~area when it~ growth ~xceeds 12 inches. Amendment to the state co~e that allows a government body to provid~ compensation to a board of historic and architectural review ~f i~ has chosen to %~tablish Amen~ent ~o =he state code which permits localities, by building in ~d of repair whenever a property owner, afte~ due notice~ fails to remove or r~pair the A~n~ment ~o ~he ~tatu code which allcw~ localities that regulate dangerous ~o~s, Dy ordinance, to allow animal warden= to, after an inve~tigation~ d~termlne whether a dog i~ a dangerous dog. curruntly, such a d~termination that a dog is dangerous is mad~ by th~ court~. Under the deracination ~o the court. Amen~nt =o the state code which allows localities to, by of a dangerous dog registration certificate: (i) that animal has been neutered or spayed, and (ii) that th~ o~r Of ~s animal ha~ liability instance coverage. Amendm~u~ to th~ sta=~ code which authorizes lo=aliti~a a~tabli~h a ~e~itting =y~te~ for hyDMi~ canln~s (dog~ and wolv*s) and adds new provisions regarding the k~llln~, o~ injuring of lives%cch Dy hybrid canineE that parallel existing law re~arding the chasing, killing injuring of ]ivesto~ by dogs. Amen~a~t ~o the state cod~ which increa~ez fro~ $20~000 to $30,000 the amount of any contract for professional services by localitia~ and ~chool boards which are lO. Amendment to the 'state cede which allows localities to "privatise" the disposition of abandoned vehicles by having abandoned vehicles sold at public auction by private contractors, following due notice to the vehicles' registered Amendment to the state code which allows Ciranit Ceur~ the Courthouse. Satellit~ offices would be prohibited from r~oerding land records and filin~ court documents. The new taw requires localities to pay the costs of operating satellite offices. C. ~%NAi~CE AND TAXATION ~-me~dment to the state code whic~ allows localities to exempt Vehicles leased by active volunteer rescue squad members, active volunteer firefighters, volunteer police Chaplains, auxiliary ~eputy sheriffs, and auxiliary police offiee~s from local vshimle license foes and taxes. A~endment to the s=ats code which prohibits localities la. Amendment to the state code which authurizes tecalltie~ to ~emove or repair hotel= or buildiug~ defined as bawdy places. The amendment defines a bawdy place buildinq used ~or prostitution, lewdness, assignation) and follows the same procedures Currently used by local governments to remove spo~ bliqht. ~0. Amendment to %he state cods w~ioh allows any locality, by ordinance, to crimineli~e the intentional damage or parssnal proper%y, even if t~e damage is under $1000. The legislation allows localities to a~opt a Class 1 misdemeanor penalty and t~e courts to include community 21. Amendment tO the state cede which allows countie~ ordinance~ establish volunteer digabled parkln~ enforcement units which can enforce stets law and local ordina~ce~ that give parking prlvileg~s tQ the disa~le~. an ordinance if it wishes to continue fingerprinting obtaining criminal ~isteriee aa part of the application process. Th% &menchment in~reases the length of tho concealed weapons permit ~r0m t~ree years to five years. The amendment also requires the locality to notify apDiioan~s when the fingerprint cards are returned after the c~iminal history check, and to destroy the fingerprint card of any applicant who ~as not requested the return of the fingerprint card within 21 days. On motion of ~r. Barber, seconded by ~. Warren, the Board took no aotion on the following 1997 Legislative items: 23. Amendment to the state code which provides that if zoning violation ia uncorrected at the tim~ of conviction, the court shall order the abatement of the violation within a ~pecified time and that failuze to abate the violation will constitute a separate offense for each s~cceedin9 30-day period. Amendment to the state code to raquire solid waste supply information regarding the sollclkation of public comment in its application to ~he state. The applicant ~ust certify that a notice of intent to file for the permi~ was published and that at lea~t one ~ublic meetin~ was held. If the applicant is a local government or public authority the change rs~ui~es that a citizen advisory group be formed to assist in th~ ~it~ Amendment to the state code which prohibits local governments from unreasonably llmitlnq fore,try p~a~tiees when such practices are conduct~ in accordance with the law. The restraint on local governnentm' powers to limit such practlceE would extan~ to all land regardless of zoning classification. Amendment to the state coda Which provida~ ~ta~di~q to localities to pursue civilly those who improperly dispose of solid waste. Provisions r~lated to the improper disposal of tires are also changed by reducing from 500 to 100 the number of tires that nay be placed on property without a permit. Amendment to th~ ~tats ~ode ~hat requires loealitlee to waive stormwatsr servic~ charges for roads that are owned and maintained by government agencies. Amendm~n~ to the state code which extends the maximum time period which localities may allow for repayment of assessments for local ~mprovsments fr~m 10 yea~s to ~0 yearm. Amendment to th~ state code which clarifies that the existXng authority of lm=alities under a subdivision ordinance to alter certain parcel boundary line~ includes the authority to vacate such boundary li~. Amendment to the state code which clarifie~ that when a common or shared easement is conveyed during the subdivision process, the easemen~ ~all be adequate for use by franchised cable televi~iQn operators. Amendment t~ tho state code which provi~e~ that in em action to es=ablish a prescriptive easement involving water and sewer services, a politioai subdivision shall demenntrate ~ha~ t~ use has continued fo~ at least yea~$. This amendment reduces the continuous use requirement of 20 years a~ required ~nder Common law. Amen~e~t to the s~ate code which clarifies that a locality may contrast wi~ any county, city, to~ disposal ~ervices for either entity. 25. 30. 32. 6/~/~? 97-386 35. that local technology zones contain noL more than 125 with all zoning in e×i~tence ab %he time housing developments are financed. Local gnvsrnment approval is ne longer required. Allows community development authorities to build infrastructure for aqe-reetrictsd active adult communities with a minimum population approved under local zoning laws of 1000 residents. Also, clarifies that bonds of the authority are not debt ef the locality. Current law allows public safety o£~icers involved in blood s)rpnmurs incidents certain rig~t~ with respect to notification and nandatory testing of an accuse~. This amendment to the state code e~pands the definition of public safety officer to include those individuals who are victims Of, Or witnesses to, crimes and any per,on providing a~sistan~ to a public safety agency, i£ ~uch individuals were involved in the incident. 37. Amendment to the ~tate code which requires localities to use competitive sealed bidding and competitive negotiation when ~tate-~id projects require $30~00o e~ more in state Amendment to the state code that requires that local animal wardens, shelter~, and pounds to submit annually to the State Veterinarian a summary of records they are animals in their curs. ~, Amendment ~o 5hs stats code that eliminates the conflict hetw=en the different definitions of "imumediately ~amily" ~eund in beth tbs Public Procurement Act (PPA] and the Btate and Local Conflict of Interests Acts (OLCIA). 40. Amendment to the state code which qrants immunity fre~ civil damages to public school teachers when acting in good faith and within their scope Of emplc~rmen~ w~ile suDervlsing, caring fen, or maintaining discipline of ~ro~s negligence or willful misconduct. 41. Amsndunent to the state code which provides that wat~ and authorities or sanitary diztricts bear a ~ubstantial relation to the allocable costs uf providing the individual ~ervic~s_ The new l~w require~ water and mewer connection fees to be reviewed at leas~ every three years and adjusted, if necessary. ~mendment to t~e ~ta~e Code that requires localities to appropriate amounts for the salaries of it~ constitutional office~ not less than those established by the 43. Amendment te the state code which ~odifies the current law requiring that at least two officers of election be present when absente~ ~allsts are oa~t in person on voting equipment before the election day. However, the new law waives this requirement only When SUCh ballots ars na~t on voting equipment located in th~ office of the general r~gistrar sc lonq as the general registrar, an assistant 97-387 registrar~ or the secretary of the electoral Doard is present. Amendment to the state code which will allow c%~ners of excessive size and weight vehicles to p~y state and permit fees to VDOT at thc same time with subsequent ~ransmi~sion of local sharso to affected localities. Amendment to the state code whi=h freezes fees for telecommunication csmpanies use of public righto of way until July 1, 1998 to allow compromise legislation to be A~endment to the state code which ~reeses for one year all fseo other than Cable TV fees permitted by federal law charged in connection with franchise, lease or right to use certain public rights of way. This will allow compromise legislation to be drafted. bidder an opportunity to respond to non-eligibility determination and to submit rebuttal information. Clerks Technology fees for information technology. RFP to submit a bid for that procurement. A locality may~ however, allow such a person to submit a bid if it determines that their exclusion world ~e detrimental to the interests of t~e locality. Transportation. Cal~s In¢ paid approximately $100 in Since tke property WaS owned by the stats, Cal~s Inc. the money paid in property ts×es, as w~ll a~ %he legal faas associated with obtaining the property. The bill passed by the General A~sembly requires Chesterfield to reimburse state general fund from the County's ABC D~ofit discovery. eligibility for local real estate tax relief. to two year~ the time prier to which real D~ope~ty cas be ~old fo~ delinquen~ ta~e~ than previoUSly. 6/11/97 charged for this enforcement action; and limits penalty for faiturs to pay local tax installments to 25 percent of the amount ~ue. 56. Amendment to the ~tate code which allows industrial development authorities in looolit~o ~ithout housing authc~itie~ to issue tax exempt bonds to finan~ projects owned and operated by for-profit en~erprioea. 57. Amendment to the state code relating to real property tax e×emption~ for th~ elderly and handicapped. This amendment clar~flee that income, for purpoee~ of the property tax exemption, is total gross income from all sources, without regard to whether a tax ~eturn i~ filed 58. Amendment to the state code which au=horizss any county to finance the construction of rural road additions by the issuance of 1sca! bon~s, seato funds designated £cr the conotruction of Total additions may be applied to bond Amendment te the state cede w~ich requires that ratings of bonds issued by any gov~rrn~ntal instrumentality be provided by recognize~ ~cnd rotlnq a~encieo approved by the ~tat~ Amendment to the state code which delay~ th~ effective day for any chon~e in the consumer utility tax on telecommunications =ervice~ for 120 days. Tbs delay is currently 60 day~. HUMAN S~RVIC~S al. Amendment to the state cuds which requires all CSB~O to have representation by a eu~$~er or family member of a 62. Amendment to the state code which requires fin~er printing and FBI criminal records review to any employee in a dira~t client care position with the community services board or behavioral health authority. Amendment to the state code precludes e~ate agencies ~om reducing or discontinuing a s~rvice which it performs for and Virginia ACIR. 64. Amendment to the state code which prohibits disciplinary a~tlon if a licensed instructional employee re,uses to perform non-emergency health-related ~ervice~ for students. 65. Amendment to the state code which requires the Co~onwealth to pay all fees ~nd court costs with appointments of guardians for persons mentally ill~ incompetent and i~digent. 97-389 6/lZ197 LAW E~FO~CEMBNT S6. Amendment to the state coda to extend local fire marshals investigative authority to include explosion~ (current law r~q~lires marshals to kDvestigate fires only) and to be compensated for such investigations a~ the local gov%rnment body may allow (als0 current law). As a result sf ek%0anding their inYe~tigative requirements, the fire marshals ar~ al~s authorized to summon w~tnesses in explosion cases in the same manner a~ they currently can in fire investigations. 67. Amendment to the e~ate cs~e which prohibits anyone but t~e sheriff fro~ (i) servinq an order or writ in an unlawful d~tainer action, or a capias or srim±nal s~ow cause order or (ii) levying on property. Al~e~dmant ts the state code which increases by one dollar the fees assessed on convictions in circuit and district courts. The additional revenue generated will b~ used ~o provide financial support for regional criminal jumticu training a~ad~ics. 69. Amendment to the sta%~ code which chanqas the time period fro~ 6 months to one year for when an inmate comus under the supervision of the Department of Corrections (DOC). ~nhan~ed payments from DOC begin al=er this period. 70. Amendment to =he state COde which creates a statewide program to address point and non-point sources of water pollution. This amendment is ~ncwn at the Virginia Water Q~ality I~prO~ement Act_ Vote: Unanimous (It is noted a copy of the 1997 virginia Gensral Assembly Legislation is ~iled with the papers of this Board.) ?- DEFERRED ITEKS On ~otion cf Mr. ~arbsr, seconded by Mr. Warre~, the Board approved the following utreetlight installation cost approval: * James River Road and Robi0us Road (No cost to install light) On motion of ~r. MoHale, seconded by Mr. Warren, the Board suspended its rules at this tlma 50 allow ~imultaneou~ nomination/ap~oin~ment/reappnint~ent of members to serv~ O~ the Industrial Development Authority, the Health Center Commission, the Social Services Board~ a~ a Trustee of the Co~ty~s Supplemental Retirement Plan, the Youth Services Citizen Board; the Co.unity criminal Justice Board; and to the D~=ability 6/~1/~? 97-$90 8,A.Z INDUSTRIAL DEVELOPMENT AUTHORITY On eotlon of Mr. McKale, oeoonded by ~r. Daniel~ t~e Board simultaneously nominated/reappointed Mr. ~enry Reepess, re~r~eenting H~r~uda District, and Mr. James Spencer, representing Dale District. to serve on the Industrial Development Authority~ whose terms are effective July 1, 1997 Vote: Unanimous 8.~.2. HEALTH CENTER COKKISSION On Notion of Mr. McHal%, ~%conded by Mr. Daniel, the Board simultaneously nominated/reappointed Mr. Wayne Edmonds, representing Bermuda District, and ~r. Les ~aunders, representing Dale District, to serve on the Heal~ Center Commission, whose terms are effective July 1, 1997 an~ will expire June 3Q~ 20Ql. Vote: Unanimous the social Services Board whos~ term is effective July 19~7 and will expire Juno 3~ 2001. On motion of ~r_ ~c~ale, seconded by Mr. Daniel, the Board =imultaneeu~ly nominated/appointed colonel Cart R. Baker to serve as a trustee of the County's supplemental Retirement Plan who~e tern is effective immediately and will bu at thc pleasure of the Board. Vat%: Unanimous (It is noted that colonel baker is replaoin~ ~r. ~rederick Willie~ Jr. who r~cently r~tired from the County.) On motion of Mr. geHale, seconded by Mr. Daniel, the Board ~imultaneo~ly nominated/appointed/reappointed the following members ~u serve sn ~he Youth Servises citizen Hoard whose terms are effective July 1, I~97 and will expire as follows: FLr. Javon Turner F~r. Edwin Montgueery, III Miss Ann Dier~en Miss Lydia Zlrkle Mr. Dwight Brown, Jr. Mr. Mark Ludden Mie~ Jet,ica Seward vote: Unmnimeus District Clover ~itl Clover Hill Clover Hill Matoaca Midlothian ~idlothian Dale June ~0, 199g June 30~ 2000 ~une $0, 1995 June 30, 1998 97 391 6/11197 On motion of Mr. McSale, seconded by ~r. Daniel, the Board ~Smultaneously nominated/appointed/reappointed the following members to serve on the Community Criminal Justice Beard whose ter~ are effective guly 2, 1997 and will expire June 30, 1999: Judge Philip V. Daffron - General Digtriot Court Judge Judge F~ederick S. ~ockwell - Juvenile & Dsmestic Relations Court ~udge Thomas ~. Vauqhan Mike Allen clarence G. Williams Elvira Shaw - Colonial Heights Co~onwealth's Attorney - Defense Attorney ~ Chief Magistrate - Chesterfield Cont~nity Services Boar~ - Chesterfield County ehe=if£ ~ Colonial Heights citizen - Colonial Heights Citizen And, further, the Board simultaneously nominated/appointed/ reappointed the following me~r~ ~o serve on the Cs~n~nity Crlminal J~tice Board Whose t~rm~ and will expir~ 3us~ 30, 199~: Name Eileen Brown - colonial Heights Citizen Renas Y. sand~ - Colonial Keighte, District 19 Vets: Unanimous ~inultaneouely nominated/appointed Mr. sobbie ~. Beuldin, representing Dale ~i~trict, whose term i~ effective i~mediately and will expire December 31, 199~. Vote: Unanimous (It is noted that Mr. Bouldin is replacing ~r. David Johnson who resigned.) C_~ONME~T ITEMS 8.B.~. ADOPTION OF RESOL~TION~ WHEREAS, Mr. Frederick W. Willis, Jr, has £ai~£ully WHERBAS~ by p~oviding quality public ~ervice, Mr. Willis WHEREAS, durinq his tenure, Mr. Willis led the regtru~turlng of the County's Personnel Department to th~ Department of Human R~so~rce Management due ts the changing scope of responsibilities and %0 reflect the fact that people arb th~ most important resource; end WI~EREAS~ ~der Mr. Willis' leadership, the Department has won many local, national, and international awards; has emphasized cultural diversity, wellness pro,rams, and managed ear~ for employees; has enkance~ employee benefit packages; and has ~nstituted '~Day for performance~' criteria and other management %cola that encourage ~cellence; and W~EREAS, ~r. Willis has been extremely effective in working with all groups including the Board of Supervieors~ other sleeted rspresentatives~ officials from ~urrsunding loculitie~, co-workers, and the citizens of Chesterfield County~ and WHEREAS, Mr. Willis h~s served in a leadership position o~ various community, civic, and volunteer agencies; h~s ~een a consultant to say,roi non-profit hoards and organization~; and is active in various minimtri~m including Habitat for Humanity, CARITA$, and AIDS ministry. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of ~upervisor= hereby recognizes th~ outotandlng contributions Of Mr. Frederick W. Willis, Jr.~ expresses the appruciation of all residents for his service to the County, and extends their appreciation for him dedicated service to the County, their congratulations upon his rotiremsn~, and their best wishes for a lsnq and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. W~llis and that thio resolution be permanently ~eo~ded among the papers of this Board of Supervisors uf Chesterfield County, virginia. Vote: Unanimous adopted the following resolution: ~treng~hsn~ families, build~ communities, and promote~ economic WHEREAS, Chesterfield County is actively enqaged in increasing homeownership opportunities and improving the housing conditions for it$ low and moderate income through the successful efforts cf a partnership of publia, private, and non-profit organizations; and W~ER=A$, the Chesterfield County ~look Grant office primarily through the u~e of federal, local, and private moderate income residents of Chesterfield County; quality living environments for its residents. ~7-393 NOW, THEREFORE BE IT RESOLVED, that the chesterfield Co~ty Soard o~ Super¥isors does hereby p~uclaim the week of June 7-14, 1997 as "Homeownerskip, Repair and Rehabilitation Week" and asks the citizens of Chesterfield County ts pa~ticipat~ ~n activities sponsored by the Chesterfield County ~loo~ Grant Office to pro~e homsowl%ershlp and housin~ adopte~ a P~iority List of Highway Projects on March 1~, 1997~ provide funding rot the remaining ~action of Route ~$~ from the Improvement Program which incorporated Govern~r Allen's funding On motion of Mr. ~cHale, ~econded by Mr. Barber, the Board adopted the following resolution: A resolution authorizing the Crater Regional Partnership ts carry out ~he provision~ of the Regional Competitiveness Program on behalf of the County of Ch~mt~rfield and, in addition, authorizing the Cra~or Regional Partnership to r®ceive 1997 i~con~ive Sun,s on behalf of the participating jurisdictions, if the region becomes eligible to receive ~egional Competitiveness Program funding. WHEREAS, Section 1~.1-1227.1 ~hrongk Section 15.1-1~7.5, Code of virginia, as a~ended, permits counties, cities, and towns within a planning district to establish & regional partne=shlp for the purpose of encouraglng local governments to e~ercis~ t~e options provided by law to work together for their mutual ben,fit and the benefit of the Commonwealth (known as the Regional Competitiveness Act}; and 97-394 WHEREAS, ABIDCO, the Crater Pleasing District Commission, and the ten jurisdictions within the Crater District (ti=les of colonial Eeiqhts, Emporia~ Eopewull, and P~tersburg, and the counties of Cheeterfield~ Dinwiddies Greensville, Prince George~ surEy, and sussex) have formally take~ action to establish the Crater Regional Partnsrship; and WH~FJ%S, the Crater Regional Partnership shall be a regional partnership with a separate board under the umbrella of ABIDCO~ and W~EREAS, the guidelines ~sr Virginia~s Regional Compet~t~ven~ Program requlr~ that participating local governments within the region adopt a resolution authorizing a partnership to carry out th~ provisions cf the Program on their behalf and to r~ceive incentive funds on the participating jurisdictions' behalf. NOW, T~REFORH DE IT RESOLVED, that the County of Chesterfield agrees: (1) The Crate~ Regional Partnership i~ authorized to carry out th~ provisions of the Regional Competitiveness Program on behalf of the County of Chestmrfiel~. The Crater Regional Partnership is authorized to receive 1997 i~centive fundm on behalf of the County of Chesterfield if the region beooms~ eligible to receive Regional Competitiveness ~rogram funding. Vote: Unanimous On motion of ~r. ~c~ale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, DSCL, Incorporat~d is request%ag %he board of supervisors to abandon a portion cf a road no longsr serving a public need; and WHEREAS, a new road has be~n constructed that ~rvem the same citizens as the portion of the old road identified to be abandoned and no longer smrving a public need. NOW, T~R~FOR~ BE IT RESOLVED, that th~ Chesterfield County Beer~ of Supervisors does hereby abandon, as a part of the secondary system of Stat~ highways, a pcr~ien of Woods End Road (State Route 1137), as e~0%~ on a plat by Charles C. Towne~ & A~mociaten, P.e., fie%ed June 2, 1995 and revised June ~I, 1995, and August 9, 1996, which plat is incorporated herein by reference, pursuant to Section 33.1-155, Coda e£ virginia, 1950, a~ amended. AdD, BE IT FURTHER RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation ~o add to the secondary ~ystem of St~e highways the portion of road so identified on the plat to bs a~ded, pursuan~ to Section 33.1- 229, Code of Virginia, 1950, as a~ended. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded ~u the Resldes~ Engineer far the Virginia Dep~rtment of Transportation. AND, BE IT FIIRTHER RESOLVED, that th~ Board of Supervisors does hereby request that the Commissioner of the Virginia Department of Transport~bion certify! in writing, 6/11/97 portion of Woods End Road (State Route 1137) hereby abandoned is no l~nger deeme~ necessary for use of the Secondary mystem of State highways pursuant to Section 33.I-154 of the Code cf Virginia, 1950, as amended. Vote: Unanimous S.B.i.g. RI~OND REGIOMAL COMPETITIVENESS CO~t~ITTEE FO~ FUNDING ALLOCATION On motion of M~. McHale, neoonded by Mr. Barber, the Board adopted the following resolution: ~F~EREA$, the General AsseJ~bly passed the Virginia Reqiogal Competitiveness Act in 1996 to help communities strengthen their e~ono~i¢ competitiveness through regional collaboration; and WHEREAS, in convert with th~ e~uca=ion, civic sectors o~ the community, all ni~¢ localities Richmond Regional Planning Dis%flor Commission have agreed by resolution to participate in the Richmond Regional Competitiveness Co~t~ittee to implement the gegional Competitiveness Act; amd W~ER~AS, a formula for distributing any Regional Competitivenesz Act fundinq for the Richmond regio~ endorsed by the Rich~osd Regional Competitiveness Committee, and endorsed, by resolution, by the local governing bodies to meet th~ JUly i application deadlines; and WHEREAS, sino~ Chesterfield County is participating in bc~h ~he Richmond and Crater planning District Commission (PDC) efforts under the Act~ aa agreement on what ~ercentage of its population will be counted toward ~ch PDC must be made. Now, THEREPORE BE IT RESOLVE~, that the Richmond Regional Planning District Commission (RRPDC) ac% Competitiveness Act funds from the Co~unwealth c~ Virginia, and apply them entimely to th~ project(~) Selected to impl~ent th~ region's stratmgic plan. AND, BE IT FURTM~R RESO~V~D, for f~dlng purposes, the populatiou oS ~e ~urthern Tier Of t~e Ch=mterfield County, ~e~e~ined annually by the County Manager (2~0,0~0 in 1997), be counted toward~m Ric~ond Regional COmpetitiveness Committ~, with the reminder count%d toward other RCA vo~m: Unanimous DATE FOR PUBLIC BEARINGR On mutlon cf Mr. EcOala, seconded ~y Mr. Barber~ t~u Board set the date of July 23, 1997 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Cod~ Of the County of Chesterfield, 1997, as Amended, by adding Chapter 1~, A~ticle V, Section~ 12-60, 12-61, lZ-62 and 12-63 relating to d%~ehargea to the storm water sewer system. vote: Unanimous 97-~96 8.B.2.b. TO CONgIDER AN ORDINANCE TO ~M~ND THE COD~ CT THE COUNTY O~ CHESTERFIELD, 1997, AS ANNHDED, ~YA~ENDING On motion of Mr. ~cHale, seconded by Mr. Barber, the ~Qard set the date af July 23, 1997 et 7:~0 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by e~ndinq end reenactin~ and 15-113 and by adding a new Section 1~-55.1 relating to Vote: Unanimous 1~-69~ r~la~ing to e~oeptionaI ~evelopmant standards. 8.B.m.d. TO CONSIDER TH~ SALE OF A SURPLUS PARCEL Om REAL EgTATE ON WILTON ROAD T~.~V~D A. B~RLOW~ JR. On motion of Er. ~¢Hale~ seconded by Fir. Barber, the Beard ~%t th~ dat~ of July ~, 1997 at 7;00 p.m. for a publiu hearing to consider the sale of a surplus parcel of real estate on Wilton Road to D~vid A. Darlow, Jr. Vote: Unanimous 8.~.2.s. TO OONSIDNR AN ORDINANC~ TO ANEND THE CODE OF THE AND REENACTIN~ SECTION9 19-90 ~D 19-95 RELATIN~ TO On motion o~ Mr. MoHale, seconded by Mr, Barber, the ~oar~ set tAe date Of J~ly 23, 1997 at 7:00 p.m. for a public hearing to consider an ordinance ts amend the Cod~ of thc County o~ chesterfield, 1997, a~ am%nd%d, by s~ending and reenacting Sections 19-90 and 19-95 rela~ing to 9ermitted uses in R-9 and TAX FEE On motion of Mr. McHale, seconded by Mr. Barber, th~ ~oard net the du=e e~ July 23, 1997 at 7:00 p.m. for a public hearing to consider an ordinance ~li~inating Business ~ie~s~ tax f~. Vote: Unanimous 97-397 6/11/97 APPROVAL DF DONATION TO THE RICHMOND OKAMBBR O~ ~O~ERCE TO PROMOTE THE CONSTRUCTION OF ROUTE 288 On motion of Mr. McHale, seconded by Mr. Barber, the Board donated $10,000 in ~Y97, from the Oeneral Road Improvements Account, to the Richmond Chamber of Commerce for tke purpose of completing the project to promote the construction of Route 258 from the Powhite Parkway to 1-64. DESIGNATION OF PROJECTS FOR TK~ FYPT SU~L~_~_.TA?, GEBSTER~IELD ROAD F~Nb AND TRANSFER OF FUNDs On motion of ~r. ~c~ale, seconded by ~r, Barber, ~he Board transferred $~0,000 from the ~e~eral Road Improvements Account (available after July 1, 1997 from ~he FYP8 General Road Improvement Account) for the FY97 Supplemental chester£ield Road Fund ($12,836 for the Genito Road p~oj~ct and $37,964 for the Robious Road project); approved the updated chestersield R~ad Fund Project D~velopment Schedule; and adopted the ~sllswing re,misSion: WI~EREA$, Section 33.1-75.1 of the Code of Virginia ~er~itm th~ COmmonwealth Transportation Board to ~ake an equivalent matching allocation to any County £or designations by the governing bo~y of up to 2~% or $500,000/ whichever is great,r, of funds received by it during the current fiscal year pursuant to the "State and Local Fi~eal Assistance Act of 197~" for use by the Commonwealth Transportation Board to construct, malntain~ or improve primary and secondary highway ~ystems within ~uch county; and W~EREA~, the Virginia ~epartment of Transportation (VDOT) has notified the County that $50~000 is the maximum amount of Chesterfield CoUnty funds that will be ma~chsd by the state as a supplemental FY96-97 allocation. NOW, THEREFORE BE IT RESOLVED, that ~he Chesterfield county Board of Supervisor~ transfers $50~8~0 from the qenerul ro~d improvements account for the FY96-97 Supplemental Allocation Program and requests VDOT to provide an equivalent ~atch. AND, BE IT FURTHER RESOLVED~ that the FY~5-97 supplemental funds be allocated for the follawlnq Droject~: $24,072 c~nite Roar From Route 3S0 to Old Rundred Road ($1~,0~6 VDOT, $12,036 Co%L~ty) $75,92S Robious Road From Route 60 to WoodmouC Drive ($37,~64 VDQT, $37,964 County) 8.~.5. REQUESTS FOR FIREWORKS DISPLAYS On motion of Mv~ McHale, secondod by ~r. ~arber, the Board approved a request from ~he Chesterfield County Parks and Recreation Depa=tmunt to stage a fireworks dlsDlay at the CheSterfield Csunty Fairgrounds on July 4, 1997, with no rain date. 6711/97 97-$9S Independence Day Firewor~ Celebration, with a rain date of Vote: Unanimous S.B.5.=. B~akNDKRMILL SUNDAY PARK PENINSULA On motion of Mr. EcHale, ~eeunded by Mr. Barber, the Board approved a request from Mr. Joseph Divita and MS. Renee Biebop, of the Brandek~mill Community Associationr to stage e fireworks display a= the Sunday Park Peninsula cf Brandermill on July 4, 1997, with a rain date of July 5, 1997. Vote: Unanimous 8.E.5.d. ~LOVBR~AF MALL Merchant~ Association, tc ~tagu a fireworks display a% Clovmrleaf Mall, in the vacant field behind Hecht's Department AqOUISITION OP A %~ARIABLE WIDTH WATER EASRME~T kND A On motion of Mr. MCHalS~ seconded by ~r. Berber, the Board authorized the County Attorney to proceed with eminent domain cn an emergency basis morose property of Martha ~. Frank and John F. ~c~n for the acquisition of a variable width water easement and a fifteen foot temporary construction easement for the Halloway Avenue Wa=erline Rehabilitation Pro)eot and exerciee immediate right of entry pursuant to Section 15.1- 23S,1 ~£ the Code of Viruinia and ~hat the County Administrator be ~n~t~uoted to notify the owner by certified ~ail on June 1997 of the County's intention to take Doe~m~ion of the easement. (It is noted a copy of th% plat i~ filed with th~ pa~ers of this Board.) Vote: Unanimous on motion of ~r. ~nMale, seconded by Hr, Barber, the Board a~thori=ed th~ County Attorney to pro=ced ~ith eminent do~ai~ on an emergency basi~ across property of John K. MoEwen for the acquisition of a variable width water easement and a fifteen ~oot temporary construction easement for ~he Hallsway Avenue Waterline Rehabilitation Project an~ exercise i~edia=e right of entry pursuant ~o section 15.1-238.1 of %he Code of virginia and that the County Administrator be instructed to nutiSy the owner by certified mail on Jun~ 13, 19~7 of the County's copy of the plat is filed with the pap~r~ of this Board.t Vote: Unanimous 97-399 $.B.$.O. ACROSD PROPERTY OF FR~LIN L. P~?w~ ~ARGARET H. PAR~IN. G~ORGE R. P~/~TIN, 2~ND AUDRSY W, ~RTTN On mo~icn of Mr. McMal¢, seconded by Mr. Barber, the Board authorized the County Attorney to proceed with eminent domain on an emergency basis across property of Franklln L. ~artin, Margaret H. 9artin, George R. Purtin, and Audrey W. Partin for the acquisition of a variable width watsr easement and fifteen foot temporary eonstrustion easement fo~ the Halloway Avenue Waterline Rehabilitation Project and exerci~u i~mediate right of entry pursuant to section 15.1-238.1 of the C~de of viruinla and that t~ County Administrator be inetrus=ed to notify the owner by certified nail on June 13, 1997 of the Countyrs intention to t~ke possession of th= easement. [It ~ noted a copy of the plat is filed with the papers of this Soard.) Administrator to e~ecute the necessary Vote: Unanlmou~ On motion cf Mr. NcHal¢, seconded by ~tc~ Barber, the Board m~arded a construction con%tact to T & E Construction Company, in the amount of $595,9S~, for the Halloway Avenue and River Road Water Line Rehabilitation Pro,eot, and authorized the County Administrator to execute the necessary documents. (It is noted a copy O£ t-he vicinity s~etch is filed with th~ pa~re of this Board.) Vote: Unanimous ~_.B.~. ;~NDM~RT ~O BOARD MIMUTE~ On motion of Mr. Mo~ale, ~econ~ed Dy Mr. B~rber, the amended the March 12t 1997 ~oard minutes as ~ollows: "AN ORDINANCE whereby the COUNTY OF C~ESTEP~FIELD, VIRGINIA, ("GPu%NTOR") vacates to ~ J. RIC~SON, ("G~TEE"), a portion ~f Wentworth Street within gubdivision OS a part Block K of th~ village of B~nmley Su~ivision, Magisterial Distr~ct, chesterfield County, virginia, aa ~hcwn on a plat thereof duly recorded in the Clerk's office of the Circuit Court of Chesterfi=ld County in ~d ~ook I72, at Pagm 222. 97-400 WHEREAS, Laura J. Richardson, R~Uitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion OS Wentworth Street within Subdivision of a part of Block K of the Village of Bensley Subdivision, BERMUDA ~ag£eterlal District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Conrt of ~ald County in Deed Book 172~ Page 222, by W. W. LAPRADE & BROS., dated JULY 2, 1~]~. The portion of right of way petitioned to bz vacated is ~ore tully described as follow=: A portion of Wentworth Btreet within Subdivision of a p~rt of Block K of the Village of Bensley Subdivision, the lecatlon of which is ~ore fully shown on a plat ~ade by HARVEY L. PA~_KS, !NC., date~ December 19, 199S~ a oozy of w~ich is attach=d hereto and ~ade a part of this Ordinance. w~a~A$, notice has ~een given pursuant tu Section 1~.1-431 of the Code o[ Virginia, 1950, aa amended~ by advertising; and~ WHEREAS~ no public necessity exists for the continuance of ~he aforesaid portion of right ss ~ay sought to be vacated and the vacation will not abridge th~ mights of any citizen. NOW T~RE~OR~, BE IT ORDAINED BY T~E BOARD OF OF CNESTERF!RLD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of th= Code Virqinia, 59~0~ a~ anend~d, th~ aforss~id portion of right of G~TEE hereby conveys unto t~e G~NTOR and G~TOR hereby portion of right of way being vacated, as ~hown on the attached plat. Thi~ Ordlnance shall be in full force and effeot in accordance with Section l~.l-4~2(b) o~ the code of virqinia, 1950, a~ amended, and a certified copy of this O~dinanc=, together wi~ the plat attached hereto, shall be reoomded n~ sooner than thirty d~y$ hereafter in the Clerk's Office of tho Circuit Court of Chesterfield County, Virginia pursuant Section 15.1-485 of the Code .gl Virginia, 1950~ as amended. simple title to th~ ~ortion of right of way hereby vacated in ~he owners of the a~uttin~ lot~, fr~e and clear of an~ ~ig~ts of public Accordingly, this or~inancm shall be indexed in n~ names of the COUNTY OF CHESTERFIELD m~ G~NTOR, and ~U~ J. RIC~SO~, DONNA L. TUCK a~d VICKI R. TUCK, or their in title, as G~TEE. Ayes : Mr. Warren, Mrs. Humphrey, ~. Barber, and Kr. Absent: ~r. Daniel." "AK O~INANCE whereby the COUNTy OF CHESTERFIELD, VIRGI~IA~ ("G~NTOR") vacate= t~ LAU~ 3. RIC~DSON, DO~ L TUCK an~ VICKI R. TUCK, ("G~NTEEn], a portion of Wen=worth street ~ithi~ ~ubdivi~ion of a part of Blook ~ of the village of ~ensley Subdivision, BE~DA Magi~teTial Di~t~ict, Chemterfield County, Virginia, as sho~ on u plat thereof duly r~corde~ in the Clerk's Office of the Circuit Court of Chesterfield County in Deed Book 172~ at Page 222. W~EREA~, La~ra J. Richardson, petlt±oned the Board Of Supervisors of Chesterfield County, Virginia to vacate portion of Wentworth ~treet within Subd±~ision of a part of Block K of the Village of Bentley Subdivlsion~ BEP/~JDA Xagistorial Di~i~t, Chesterfield County, Virginia more particularly shown on a pla% of record in the Clerk's Office of the Circuit Court of said COUnty in Deed Book 172, Page ~2~, by W. W. ~APRADE & B~O$., dated JUL~ Z, 1921. The portion of right of way petitioned ts be v~cated is mere fully as follows: A porCi~n of wentworth Street within Subdivision of a part of Block K of the Village of Bensley Subdivision, the location of which is more fully shown on a plat made ~y HARVE~ L. ~At{K$, INC., dated December 1996, a cody of which i~ attacked hmreto an~ made a part of this WHEREAS, no,ice has been givo~ pursuant to Section 1~.1- 431 of the Code of Vir isis, 1~5Q, as amended, by advertising; the aforesaid portion of right of way sought to he vacated and That pursuant to Section 15.1 4~2{b) of th~ code of portion of right of way being vacated, as she%ns on the attached plat. This O~dinance shall be in full force and effa=t in accordance with Se=lion 15.1~482(b) of the Cod~ Of Virqinia, together with th= plat attached hereto, shall be ~ecorded no · oone~ than thirty days hereafter in tko Clark's Off~ee of the ~impl~ title ~o t~e per,ion of right of way her=by vacated in Ve~a: Unanimous 97-4~2 ~ended the July 2~ 199~ Board minu=es by approving the Development Block Grant (CD,G) and E©KB approDriation~ to Elder Vote: Unanimous On motion of ~r. Mc~ale, seconded by Mr. ~arber, the Board (U.S, Route 60), surplus property and set the date of July 23, 1~7 at 7:00 p.~. for ~ public hearing to consider the sale Of is noted a copy of the plat i~ filed ~ith the papers of this Board.} O~ motion of Mr. McHale, seconded hy N~. Barber~ the Boord vacation to vacate a portion of ~pring Street within Cowl with the pape~ of this Board.) copy of the plat is filed with the papers of this Board.) ~ote: Unanimou~ 8.B.12. REOUE~T9 ~CR ~ERHISSiO~ 8.B.~,a, FRO~ FIRST B~TIST CHURCH OF CENTRALIA TO INST~$J. P~IVATB WATBR ~ S~WBR REBVICE~ FOR ~ C~uRcH 0~2 CE~TRALIA ROAD On motion of ~Lr. ~c~ale, seconded by Mr. Barber, the Board approved a request from First Baptist Church Of Centralia to extend private water and sewer s~rvices ~i%hin ~ fifteen foot private easement to surve its r~constructed church at 44~ Con%rails ~oad, subject to th~ execution and recordstien of an agreement =cc=ptable to the County Attorney. (Xt is noted a CODy Of ~he plat is filed with the papers of this Board.) Vo~e: Unanlmeu~ 6/11/97 97=403 ~RO~ KIRF J. ~N~F~R ~D CATHY L. SHA~ER TO HAVR FENCE BNCROA~ WITHIN A ~IFTEEW FOOT EA~EMEI~T On motion of Mr. McH~le, ~ecoude~ by Mr. Barber, the Board approve~ a request from Kirk J, Shaffer and Cathy L. Sheller to have a fence encroach within a si~toan ~oot eaaement, subject to the execution of a license agreement. II% is noted a ~opy of the plat ~ filed with t~e 9ap~rs of this Board.) Vote: Unanimous ~NDERGROUND POWER LINES TO PROVIDE EAOKUP POW~ FOR TEE LUCY CORR On motion of ~r. McMale, s~u~nde~ by Mr. ~arb~r, the Board authorized the Chairman of the Board of Supervisors and the County administrator to execute an easement agreement with .~irginia Electric an~ Power Company to in,tall underground ~Om~ expansion. (It is noted a filed with the papers sf this Board.} Vote: Unanimous $.~.13.b. TO ~ZLL ATI-ANTI~-WIRGINIA. I~COR~OR~TED TO ~N~T~T.?. A~lantic-virginia, Incorporated to install underground telephone cables to Drovide phone service to th~ new G. Carver Middl~ $=hool~ (It is noted a copy of the vicinity sketuk is filed with the papers of this Board.) 8.B.1S. ~w~me oF CO~TRAC~ WI~H $iNON~ KAULING ~OHPANYz. INCORPO]A%TED, ~PPRO~RIaTION OF OON~wV~UTIONE, AND I~rovement~ Accuun~ (available after July 1, 1997); and appropriated ~55,830, from d~veloper contributions, for the Route 10/Kingmten Avenue traffic signal. Vote: Unanimou~ 97-404 FOR TWO N~W ~Osm?ioN$, EOUIPMENT. AND TRAININO FOR On motion of Mr. MoH&le, seconded by Mr- Barber, the Board authorized the Police Depar=men~ to oDDly for a Department of CriMinal Justice ser¥ice~ GE&mt to provide funding for one full-time Narco%ice Analyst position, one part-time Senior Office A~si~tant position, and r~lated ~quipment and t~aining for e~hanoing drug enfo~oement and prosecution of drug per]Detrata~ and appropriat~ th~ necessary funds when approved. Vote: Unanimous 8.B.19. AUTHORI~A~ION FOR OOUI~TY AD~INIeTI~ATOR TO EXECUTE A On motion of Mr. McCall, s~oonded by Mr. Barber, the Bomrd authorized t~e County Administrato~ to execute a Polic~ ~utual Aid Agreement w~th ~enri¢o County in a form approved by tko County Attorney. (It i~ noted a copy of the Agreement is fil~ with th~ papers of this Board.) Vote: On motion of Mr. EcHale, seconded Dy M~. ~arber, the Board approved a Policy requlating non-school use of public school~ for the ~¥95 school year and requested the Schnol Board, next year, to approve the use categories for F¥99 Vote: Unanimou~ APPROVAL OF WRITE-OFF OF UNCOLLECTIBLE ACCOUNT~ O~ motion of Mr. NcHale, seconded by Mr. Barber, the Board approved the request for County staff to write-off uncollectible accounts receivable totaling 8~B.22. APPROVAL DF F¥97 YEAR END ADJUSTMENTS On motion of Mr. McHale~ Eoconded by Mr. Barber, the Boar~ appropriated revenues ~n~ expenditures for mpeci~ic programs as well as a~thorized roallocations among General Fund departments and related funds (as outlined in schedule A}; appropriated rnvonue~ a~d expenditures for specific programs and Non-General Fund departments (a~ uutline~ in Schedule B)~ and authorized the County Administrator to carry forward, into the FY98 Budget, unspeDt F~97 appropriations, con~in~ent upon the positive re~ult~ of operation~ within the individual d~paytment$ and County-wide, as determined by the County's finanoial audit (a~ outlined in ~chedule C). (It is noted a copy of Schedule A, Schedule B, and Schedule c are filed wit~ the papers of this Board.) 97-405 8.B,23. A~ROVAL OF YEA~-END REVIEW FOE SCHOOL OFERATING FUND On motion of Mr. McHale, second%d by Mr. Barber, the Board increased the transfer to the Comprehensive Services Fund by $60,723~ transferred $110,000 of appropriation from to the Operatlon~ and ~aintcnance appropriation category; an~ reserved approwimately $~5,0~2 of School Operating Funds for warehouse furniture ($~,00O}, a wellness program transfer to grant~ ($~50,000) ~ sunnier school reserve accountability study project ($60~000), ~opicr lease proqram project ($14~,00D), unified compensation plan study project I$50,000), management study project ($~0,000), automated folding equipment ($~0,00~)~ bus radio~ ($10O,OO0), and miscellaneous items ($10,082). 8.B.24. ~FPROVAL OF FUNDING FOR T~E ~NTRALIA FIRE BTATION NUMBER 17 PROJECT On motion of ~r. ~cHsle, second@d by Mt. ~arber, the Board approved the reallocation of $87,40~ in funding and transferred $65,~ from ~he Reserve for CaDital Projects to th~ Fire Statio~ (~umber 17) Vote: Unanimou~ ~.~.25. TI~aJ4SFER OF THREE C~NT ROAD FUNDS $.~.25.a. ~LOVER HILL, NL%TOA~, B~R~.~D~, DALE~ ~/4D MIDLOT~Va~ On motion of Mr. MoBale, seconded by ~r. Barber, the Board transferred $300, from th~ Clover Hill, Matoaca, ~ermuda, Dale, and ~idlo~hian Districts Three Cent Road Funds, tc the Chesterfield Cheerleader League (a total of $1,500). Vote: Unanimous transferred $500~ in Bermuda District Three Cent Road Funds, to helmets for uae by the BenSley Athleti~ Association. 97-406 DALE DISTRICT FOR T~ F~G~0LIA GR~%-NGB WEDDING transferred $500, from the Da!a Diatrlot Three Cen~ ~oad Fund, to the Chesterfield Historical Society for the Magnolia Grange Wadding reenactment. Vc~e: Unanimous S.B.2S.e. BEP~U3DA DISTRICT FOR THE ~C~E A~D ~BTALLATION 0F ~OOT~ALL GOAL VESTS AT MARGOERITE CHRISTIAN ELEMENTARY SCHOOL On ~otio~ of Mr. HoHale, seconded by Mr. ~arber, the Board transferred $1,200, from the Bermuda District Three Cent Road Fund, to the Parks and Recreation Department for th~ purchase and installation of football goal posts at Marguerite Christian Elementary school, Vot~: Unanimous On motion of Mr. McHale, ~econded by Mr. Barber, the ~osrd a~repriated $66,825 of addStional revenne~ and expenditures approved by tk~ COlonial Height~ City COuncil for the increase in services provided %o clients under the Comprehensive Services Act. vote: Unanimous SUPPLEMENTAL RETIReMeNT PLAN On motion of )Cc- Mc~ale, seconded by Mr. ~arber, the Board approved plan amend~ent~ to the chesterfield Count~ Supplemental Retirement Plan, r~troaotiv~ to July 1, 1996. SOCIAL SERVICES Mr. Barber stated that the Welfare to Wo~k ContraCt i~ a wondsr£ul effort of the local governments in t~e Ricb~nond region and that it is a terrific coat,act ahd great opportunity with the Chamber of commerce. He oo~mended County staff for their efforts in ta~ing the land in bringing this issue ~ir. Barber th~n made a me,ion, seconded by Mr. Daniel! for the Boa~d to approve a Welfar~ to Work Contract, with the Greater Richmond Chamber s~ Commercm! for the Department of social Services to perform the job development and job placement functions of the Welfare Reform Pre, ram. ~7-407 8. B. 16. AFPROPRIATION OF C~%SH, PROFFER FUNDS TO INI~T~ ~F. AS~ Ii DEVELOPN~ OF THE CLOVER HILr. ATHLETID COK~.~T PLY. Barbe~ stated that this item is an ~xampl~ Of exactly what the cash proffer system is ~eant to acce~plish~ He further ~tated that th~ cash proffer syste~ is used ts place funds in reserve su that facilities can be constructed to acco~odate the impact of new development. ~r_ Barber then made a motion, s~conded by Mr. McHale, for the Board to appropriate cash proffer funds, in the amount of SS0,000, to the Parks and Recreation Dapartnent, to initiate Phase II development Of the Clover Hill Athletic Complex. Projects; District Road and $%re~ Light Funds; Lease ADDITIONS LENGTH RIGGERS STATIOn. SECTION ~ - ~Effeotlve 5-21~97) Route 4051 (Trailtop Terrao¢) - From Route 4050 to 0-04 mile Northeast Route 4050 0.04 Mi RIGGERS STATION, SECTION Rou~e 4050 (Riqqers Station Dri¥~) - 0.~9 mile We~t Ro~te 4052 0.09 Route 405] (Woodsaere Lane) - From Route 4~0 to 0.06 ~ile Nort~ Route 4050 RIVERS ~LUFF - ~Effective Route 2406 (Bermuda Avenue) - From 0.14 mile West Route 2404 0.14 Mi Vote: Unanimou~ 97-408 VIRGINIA. 1950. AS AMENDED. FOR CONSULTatiON WITH MATTERS IN~0LVI~G A ~ONIN~ ~ESTION IN THE DALE MAGIgTERIAL DISTRICT A ED ~URSU~T TO SECTION 2.1~344A.~,, LITigATION INVOLVING ~W~ONGF~L T~MINATION OLAI~ARI~NG On motion of Mr. Barber, seconded by Mr. Daniel, the Board went into Executive Session Pursuant to Section 2.1~344A.7., Code cf V~rginia, 19~0, a~n~d, for Consultation with Legal Counsel for Advice Relating to Specific Legal ~atters Involving a Zoning Question in the Dale Magisterial Dis~rlct and Pursuant to Section 2.1-344A.7., Code of Viroinia, 1950, a~ Amended, to Discuss ~cbablm Litigation Involving a Wrongful Termination Claim Arising O~t of the Mental Health/~ental Retardation Department. (It ie noted that Mr. McKale was not present for the vote to go into Executive Session, however~ he did u~end the E~cutive get,ion.) On motion of Mr. McHale, Eecond~d by Mr. Daniel, ~he Board adopted t~s following re~olutlon: WHEREAS, the Board of Supervi~ore ha~ this dty adjourned into E~ecutive ~ession in accor~oce with a formal vote of the Board and in ausordance with the provisions of the virginia Freedom of Information AO~; an~ WHEREAS, the Vir~inla Freedom of Information Act e~ective July 1~ 1~89 ~rovids~ for certification that suc~ Executive Session was conducted in conformity with law. NOW, THEREFORE BE IT R~SOLv~Q, ~he ~oard of Supervisors de~ hereby omrtify that to the best of each mumbur's knowledge, i) only public business ma==ers lawfully exempt~ fron open meeting require~ent~ under the Fro=dom of Information Act were ~iscus$~d in ~he Executive Session tc which =his ii) only ~nch public busines~ matters a~ were identified in tho Hotion by whlch ~he Executive Session was convened were heard, discussed, or considered by th~ Board. Nc member dls~ants from this certification. Vote: U~a~i~ou$ 12. DINNER On ~otion of Mr. McEale, seconded by Mr. ~arre~, recessed to the Chesterfield county Airport for meeting with member~ of the Airport Advisory ~oard. Vote: Unanimou~ the ~oard a dinne~ 97-40~ 6/ii/97 ~r- Dickie King, Chairman.of the Airport Advisory Board, expressed appreciation to the Board £or meeting with Advisory Board a~ CO~ended them for the tremendous work they perform, on behalf of the County. Es b~iefly ~eviewed meveral qualifications for me,ers appointed to the Airport Advisery B~ar~. He stated that there ha~ been some confusion a~ %o the role of the Advisory Board and suggested that ~h~ Board of Supervisors review, ammnd, or clarify the Bi-laws, under which the Advisory Beard sperates, and the expectations o~ its appointees. Mr. Cala~rs ~riefly reviewed'the mtatus of County Airport project~ and overall operational statue of the Airport. presented a copy of the 1996 Chesterfield County Airport Executive Summary to each Board member. There was brXef discussion relative to corporate preference ~er a towered versus non-te~ered airport and ~ member of the Airport Advisory Board serving on the newly developed planning committee, eztablished by thc Planning Commission, to address economic development issues near the County Airport. Meeting Room to continue the regularly scheduled me,ting_ 13, INVOCATION Reverend David Benson, Pantor of Redeemer Lutheran Church, gave the invocation. PLEDGE OF ~LLEGi~-NCB TO T~E FLA~ OF THE U~ITED STATES OF ~.~ICA ~embers o~ ~oy Scout Troop 867 led the Pledge of Allegiance to Flag of the United States of America. Mr. Ham~e~ introduced Dr. John ~arks, Kingsland Baptist Church; ~everend Ivan w. Perkinson, Mat~aca Christian Pellow~hlp; Reverend David Ben,on, Redeeme~ Lutheran; Reverend Bill Southe~, $~uthside Baptis~ C~urch, and Reverend Tracy ~orman, Seuthside Churc~ Of the Nazer~n~ who were preS=hr =o =ccept the On motion of the Board, the following resolution wa~ adopted: W~R~A$, the Chesterfield County Board of supervisors and the Chesterfield County S~hool Board recognize and appreciate the daily contributions to th~ community by the religious ~rganization~ representing the many citizens of Chester£1eld County; an~ W~ERE~$, both Boards are thankful for ~he gen=rosity our churches, synaqogues, and oth~r faith communities demonstrate for those in need; and WEEREAB, both Boards recognize that it is important in a oemmun±ty to have citizens who cherish their £~ith and respect th~ value of human life and relationships; and ~/1~I~7 97-410 WHEREAS, it is a well-recoqnized fact that while the two ~o&rds and the County's churches are separate entities, the teachings end leadership provided for our youth and adult citizens, through our ohuruhes, are rich rnsourcee =hat ere indispensable to the Chesterfield com~unlty$ and W~EREAS, both Boards recognize, llke their own entities, that churches consist cf citizens of our community. ~OW, TH~R~FOR~ B~ IT RESOLVED, that the Chesterfield County Board of Supervisors and the Chesterfield County ~eho01 Board enthusiastically eo~mend and praise the religious leaders, staff, and volunteer~ of all County Churches and ~ecogni~e that because ~f their role model and action, Che~ter£ield County is a better place to live. Vote: Unanimous Nr. Warren and Dr. James Sehroeder, Chairman Of ~he school Board, presented the executed ~euoluti~n to Dr. Marks, ReYerpnd southe~ and expressed appreciation for the services they prov~d~ to the County and its citizens. Mr. stith introduced M~. Alex Sadler who wa~ present to accept the resolution. on mc=~on of the Boa~d, the following re,elation was adopted: W~EREA$, the chesterfield County Board of Supervisors established a ~usiness kppreciatiom and Recogsitien Award to recognize existing businesses within the County that contribute to the County's economy and it~ ci~i=~n~; and W~EREA~¢ Austin Brockenbrough & Associates observed its lSth anniversary in Chesterfield County in 1997 as a multi= disciplin~ engineering firm whlch off,rs civil, mechanical, and electrical engineering services to governmental, industrial, commercial, and private clients; and WHEREA~, Austin ~rockenbrough & Associates ~as diligently worked with the Chesterfield County School Board over many years and, ~ost recently, they worked to renovate and design approximately ten separate County school projects; and WHEREAS, Austin Brockenbrouqh & Associates, dU~ing its fifteen years in Chesterfield, ha~ generated approximately seventy-five percent cf it~ income outside of Chesterfield, which has spawned a suh~tantial positive multiplier effect on the economic development of th~ Co~nty; and WHEREAS, A~stin Brockanbruugh & Associates has contributed ~c the community by serving on various boards which support, but are nut limited to, the Chester YMCA, John Tyler Community College, Kea~cwbrouk ~igh Scheol, Brandormill Retery~ Chester Retary~ and Beulah United Mathodlst Church. NOW, T~EREFORE BE IT RESOLVE~, that the chesterfield County Board of ~uDervismrs publicly expresses its gratitude, on behalf of the County, to Austin Brock~nhrou~h & Associates, L.L.P. far their many contributions over the past fifteen years by recognizing them am th~ 1~97 ~malt Eusiness recipient of t~e "c~eeterfield County Business Appreciation and Recognition Award". 6/11/97 A~D, BE IT FURTHER RESOLVED, that a ~opy of this resolution be presented to Austin Brockenbrongh & Associates and that this reeelution be permanently recorded ameng the paperm of this Board of Sup~rviser~ of Chesterfield County, Virginia. Mr. Warren presented ~he executed resolution to Mr. eadler, aaeo~anied by several busln~nn amsociate~! sommends~ Austin Brockenbruugh for t~eir many contributions to the County and congratulated them for being the resipient os the 1997 Small Business recipient of the Chesterfield County Business Appreciation and Recognition Award. the support of the County. Mr. Jacobsen introduc%d ~. Richard Whit~ who was present accept the resolution. On motion of the ~oard, the following re~olution was adopted: WT~RR~A$, ~r. Richard Whi~e ha~ served as President fo~ the Bexley Civic Association from January, 1994 to January, 1996~ and WHEREAS, Mr. White w~m active in t~e n~eation ~nd adoption of the award winning Route 360 Corridor Plan; WHER~B, Mr. White was a great assst to the community for his participation in the dev, lopment projects in the Route 3~0, Walmsley Boulevard, and Pocushack Road vicinity; and WHEREAS, Mr. White wa~ instrumental in ~eking the widening of Route 3~0 to alleviate the traffic concerns in the ~exlsy area; and WHEREAS, Mr. ~it~ negotiated with the Kannaford Grocery Store a~d a~sistsd in developing additional quality ~tandards and limltatiens on th~ bents of operation for their Arthur S. Warren and ~. Russell J. Gulley r~l~tiv~ to quality Of life issues and h~alth and ~af~ty concerns regarding ~anaged growth in th~ Clover Hill Di~t~iot. NOW, THEREFORE BE IT RESOLVED, that the County Board uf Sup~ruisors ~ublicly recoqni~ Mr. Richard Association and hi~ coDtrlb~=ions to ~ha dmveloDnent of Clover Hill D~t~ict. AND, ~E IT FURTEER RESOLVED, ~hat a copy of thi~ resolution be presented to Mr. White and that ~s ~esolutlon be ~ermanently ~ecorded =mong the pape~ of this Board S~perviso~s Of Chesterfiel~ County, Virginia. vo~e: Unanimous Mr. Warren presented the ~xecuted resolution ~o ~r. expressed ~ppreciation Xor his contribution~ to the County and the development of the Clover Hill District, and wished him 6/11/97 97-412 LIEUTENANT GENERAL LEWIS ~. "CHE~TY" PULLER ~r, KaDp~l i~oduced Mr. Jack Lorraine who wa~ present to accept the resolution. On notion of the ~oard, the following resolution was adopted: WHEREAS, Lieutenant General Lewis S. "chesty*' Puller waa a long-tlme reaident of Middle~ex County; and WHEREAS, General Puller enlisted as a private in the Unlte~ states Marine Corpa in 1917 and re~e to the rank of Lieutenant ~n~ral; and WHERFA2, Ceneral Puller served the nation during four wars -- WWI~ the Haitian and Nicaraguan campaigns, WWII, and the Korean War; and E~REAS, General Puller became the momt decorated Marine in Marine Corps history, with =he mo~t not~wsrthy of his twenty-seven awards being flv~ Navy Cromse$~ tbs Ar~y D~s~inguimhed Service Cross, ~he Silver Star for valor, Purple Heart~ and five Pr~sld~ntial Unit citations; and corps in October t955~ having served his CoUntry for thirty- sight yearm; and ~EREASz ~eneral Puller met a sterling =xample of military U. S. Commemorative Stam~ for militsry ~ervice; and opportunity ~o reme~b~ the contributions made by all of the nation*s ~uldi~rs~ and resolution be forwarded to the apDropriat~ ~fficials, includinq, but not limited to~ r~pre~ntativ~ to the General Vote: unanimou~ the Board'~ ~uppor% in endorsing the issuance of this stamp. ·97-413 PARTICIPATION IN THE"READ A MILLIGN MINUTES" R~%DIN~ INCENTIVE ~O~EAM ~$. Mary Dunn, PrlnciDal, and several students of Ecoff Elementary School, Were present to aucept the resolution. On motion of the Board, the following resolution was adapted: WHEREAS, with'a challenge tO students to read a million minutes, Ecoff Elementary School began a Ho~/School Reading Incentive Program -- "Read a ~illiQn Minutes", on September ~4, 19~6; and WHEREAS, ~he purpose of "Read a Millie~ Minute~" is to support the ~chool Board Superlmtendant~s, "Power of an ~our" concept for Chesterfield County families and to provide a home/school reading incentive program for ~ceS~ Elementary School s=mdents and familiem; and WHEREAS, fifth grade student~ tracksd results for the entire School using sprea~shsata; and W~RREA$, ~rails of ~rightly colored ~tar~, ~ach representing a hundred minutes read, filled the Ecoff Elementary School hallways; and wSEREAS, the projected completion date Of the Program was mid April~ 1997 and ~t~dents met th~ challenge three weeks ~arly on March 1~, I997 -- having read 1~030,486 minutes; and WHF-REA$, as a reward, Thursday, March 20, 1997, was daolRred a~ "No Homework" night ~nd students ware asked to read -- that night students read 27,137 minutez. NOW, THEREFORE BE IT R~SQLVED~ t~at th= Chesterfield County Board of Supervisors publicly recognizes and congratulates the students a~ Eeoff Elementary School for their partioipatlon in the "Re~d a ~itlion ~inu~s" Home/School Rea4ing Incentive Program and acknowledqe~ the good fortune of the County to hsve such outstauding young atu~nts as its citizens. Vote: Unanimoum ~r. MsHale presented the executed re~olution to Ms. Ounn, accompanied by ~everal Eoaff Elementary School students and their families, and congratulated thom for their participation in the "Read a Million Minutes" Reading Ins~tive Program. Ms. Dunn expressed appraci~tian for the recognition. i~.D. R~COG~I~i~ GIP~L SCOUTS UPON ATTAINING THB GOLD AWeD On motion cf the Board, the following resolution wa~ adopted: $~EREA$, ~e Girl Scouts of the United Stete~ of America is an organization serving over ~.6 ~illion girls and founde~ to promote sitizenship training and personal development; and W~EREAS, after earning fo~r interest project patches, Car~r Exploration Pin, the Sen~or Girl Scout Leadership Award, the Senior Girl Scout Challenge~ and designing and implementing a Girl 8coot Gol~ Award projss=; and S/11/97 97-4~4 WMEP~EAS, the GOld A%~ard is tke highemt achimvement award in Girl scouting and symbolizes outstanding accomplishments in the a~ea~ of leadership, community ~rvi~e. career planning, W~EREA$, the Girl Scout Gold Awar~ o~n only be earned by girls aged 14-17 or in grades ~-12 and is received by less than 6 ~arcent of those ind~vi4ual~ entering the Girl Scouting movement; and Providence Methodist Church, ha~ accomplished the~ high standard~ and ha~ b~n honored with the ~i~l gcou%s o~ %he U~ited Stat~s of America Gold Award by the Commonwealth Girl ~cout Council Of Virginia; and ~R~AS, growing through her experiences in Girl Scouting, learning ~ la~on~ of responsible citizenship, and priding herself on the gr~at aceomp%imkments of her County, JBlia i$ ind~d K ~e~ber of ~ new generation of p~epmzed young citizens of whom w~ ~an all b~ very prou4. County Board of Supervimors hereby extend~ it~ eongra~ulahions Vo~e: Unanimous ~. Barber presented the execute~ remolution ~o Miss Marsh~ accompanied by me. arm of he~ family, congratulated h~r on her outstanding achievemen=, and ~ishsd h~r well in her future foun~e~ to promote citizenship training and personal th~ Senior Girl Scout Challenge, an~ designing and implementing a Girl Scout Gold Award project; and in Girl $cou~ing and symbolizms out.tending aoscmDlim.ments in and per~onal development; and W~R~AM, the Girl scout Gold Award can only be earned by girls ages 14-17 o~ in grades 9-1~ mud im receiv~ Dy less than · percent o~ those individuals entering the Girl Scouting both of Troop 282, sponsored by Providemce Methodist Church, with =he Girl Scouts of th~ united 8tares of America Guld Award W~ER~AZ, growing ~hrough their expe~ienoes in Girl Scouting, learning the laeeons of responsible citizenship, and priding themselves on th~ great aocomplishment~ of ~heir generation of prepared young ~itlzens of whom we can all be 97-415 County Board of ~u~ervisor~ hereby ex%ends its congratulations to ~iss Julls W. ~arsh and Risu R=b~cc~ Anm ~orrell and a=knowledges ~h~ good fortune of =he ceu~ty to have ~uch an uututanding young woman a~ one of its citizens. accompanied by members of he~ family, congratulated her on h~r out~tanding achievement, ~nd wished her well in ~er future 15.F. RECOGNi~I~ MR. DWIGHT BROWE. JR. Ai~DMI%. CLIWT WATTS AS YOUTH CO.UNITY SERVI~E AW~JU~D" Mr. Kappel introduce~ Mr. Dwight Brown, Jr., and Mr. Clint Watts who were p~esanb to accept the resolutions. On motion of the Board, the following r~solution was adopted: WHEREAS, Chesterfield County is committed to OUr young citizens; and WE~kHAS, the Board of Supervisors wishes to recognize young Chesterfield County residents who ~isplay noteworthy citizenship; and W~R~AS~ Mr, Dwight Drown, Jr., a student at Matoaca High School, and Mr. Clint W~tt~, a student at Thomas Dale High School, were s~leoted as winners of the Richmond Di~pateh's "I9~7 ZnSync Youth Community Servise Awards"; and WHEREAS, Mr. Drown has a 4.o6 Grade Point Average; is active in his church; plays football for his school; is a menber of the French club~ =he Frsnch National Honor society, and ~he Future Busines~ Leaders of A~eri=a; and is well-known for his po~iti~ attitude and positive influence on his peers; and W~EREAD, Mr. Watt~ is co-President of Thomas Dale~s Students Against ~runk Driving Organization; a member uS the County Bo~rd cf Supervisors publicly recognizes and commend~ ~r. Dwight Drown, Jr. and Nr. Clint Watt~ for their outstanding resolution be prs~snted to Mr. Brown and ~r. Watts and ~hat ~his Board uf Supervisors Of C~esturfield County, Virginia. VQte: Unanimous Mr. ~rown and M~. Watts expressed appreciation for the recognition. ~711/97 97-41~ Dr. William Boshe~, Jr., School Board Superintendent, introduced Miss Allison Aleoia ~uth who wa~ present to accept the reuolution. On motion of the Board, the following reselutlon was adopted: W~EREAS, Miss Allison A!ecla Muth is a Seventh Grads ~tadent at Robious Middle School; and ~q{EREAS, Allison won he~ English class Spelling Bee, the ~v~nth ~rad~ Spelling Bee, and the ~obioue Middle School spelling Bee; and WHEREAS, Allison was one of forty-~i~ contestants in the Chesterfield County Spelling Bee which she won on February 25, 1997; and W~EREAS~ Allison ~on the Regional Spelling Bee sponeere~ by th~ Ri~hmon~ Times-Dispatch on April 6, 1997, ~i=h forty- five student~ partioipating from public school systems, private soheols, and home schooling in C~ntral virginia; and W~REAS, Allison participated though Roun~ TWO in the 7th Annual scri~s Howard National Spelling Bee in Washington, D_c_ on May 28-29, 1997, with ~4~ spellers from around the Unite~ States; and WHEREAS, Allison represent~ a caliber of students of whom tho citizens o~ Chesterfield County and central Virginia can ell b~ p~oud and whose high standards present a challenge and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board cf Supervisors publicly congratulates and commend~ Miss Allison Alesia Huth for her outstanding academic achievements and ~sknowledges the good for%uae of the County to have ~uoh an outstanding young lady as one of its citizens. AND~ BE IT FURTHER RESOLVED~ that a copy of this resolution b~ presented to All~son and that this resolution bs psrmsnently recorded among the papers of this Board of Supervisors of Chesterfield County, virginia. Vote: Unanimous Barber presented the executed resolution to Kiss Muth~ songra%ulated her on her outstanding achievement, and wished w~lt in her future endeavors. RECOGNIZING THE MIDLOTRIAN HISH R~OOL MARCHIN~ SYMPHONIC B~ND FOR THEIR CONTRIBUTIONS TO CKESTERFIELD COUNTY Mr. Golden intro~uoed Hr. Ja~eu Hale, Band Direct~r, and ~rs. Nancy Peri, Assistant to the Director, ~ho were present to assert the resolution. On motion o~ the ~oard, the following resolution was adopted: WHEREAS, ~he Midlothian High School ~arohing/Sy~phohic an Honor Band of Vircinia by the Virginia Band and Orchestra Directors' Association -- s distinction based on the achievement of a superi0c rating at the Virginia Band and Ozohestra Direu~ors' Association Stat~ ~arching Band Festival in October and the D~strlot III Band Femtival i~ ~arch during each of the ten consecutive years~ and ~/11/97 97-417 WI~EREA$, the Midlothian Nigh School Band is one of only eight band~ in the Commonwealth of Virginia to be awarded the title Honor Band of Virginia for ten Co~ec~tiue years or longer; and ~EER~S, the ~idlo~]ian High School B~nd has won numerous other awards including their most recent Second Place Trophy ln the Musicfest Orlando Parade at Disney MGM'S Holl~-weed Boulevard on April 18, 1997; and WHeReAS, Fur. James G. Hole, Band Director, and Fir~. Nancy R. Putt, A~sis=snt to t~e Director at Midlethian High Scho~l~ their =alents to continua in their pursuit of excellence in music in their lives realizing that to de so requires of each student persistence, determinatiou and hard work; W~REAS, the Midlothian High School Band program provides the students with opportunities for comm~hity involvement such a~ their participation in the Saint Jude research ~ospitsl Wheels for Life and the hssting of Dixie Classic ~usic Festivals each A~rll whore thousands o~ studente in programe, ae~oss the United Btat~s and Canada~ partlcipato in competition at Zidlcthian High school; and ~HEREAS, ~ha aidlothiun High School Band contlnue~ entertain and promote s~ool spirit at football g~m~s Fall. NOW, THEREFORE BE IT RESOLVED, that th~ Chesterfield County Board u~ SuD=rvlsors publicly recognizes the Midlothian High School ~arching/S~phonlc Rand, ~r. ~am~ G. Hale, and virginia, a~ well as for their dedication to music perfo~ance and service within the community. ~D, B~ I~ ~URTHER RESOLVED, that a copy of this ~euulution be presented to the ~idlothian High school Ban~ and =hat this resolution be p~rnanently recorded amung the papers of this Board of Supervisor~ of Chesterfield County, Virginia. ~s. Peri, c~mmended them for their dedication to music p~rfO~ance and their service ~o the County, and apprecla:ion to the Sand for t~eir contribution& to the County. On motion of thc Board, tho following resolution was adopted: WHEREAS, participa:icn in middle school sports ha~ long been an integral part of Chesterfield County'~ e~ucationai, physical, and emotional d6velopment for studentu; und School Lady Mu~tang~ $0¢¢ar Te~_m, has bsan in the £1~ld of coaching for the past twenty-four years; and WHEREAS, under Mr. Re, insert's guidance and direction, ~he 1997 Midlothian Lady Musta~g~ finisha~ thc regular season with 97 -41S WHER~$, the Midlothian Lady Mustangs completed th= last five seasons with a 61-1-3 record, which i~ a state retard; and WM~R~A~, the ~idlethian Lady Mustangs ccnsist~ of Captains, Miss Erin Crane, Mis~ ~atie ~elly, and Miss Jenny Roberts and their teammates. NOW, THEREFORE BE IT RESOLVE0, that th~ Chesterfield County Board Of S~per~isors hereby comm~nd~ the 1997 Kidlothian Middle sohsel Lady Mustangs SOCCer Team for their out,tending accomplisb~ments and splendid ~port~manmhlp. ~D, BE IT FURTK~R ~0LVED, that the Board of S~Dervisors, on behalf of the cltizen~ of Chesterfield County, hereby e~re~ their best wi~he~ for continued success to the ~idlo~ian Lady Mu~tang~ Vote: Unanimou~ ~r. Barber presented the executed ~es01~tiohu to Mr. Robinson, for th~ recognition, to Mr~ R0bin~on for ~is ~e~ication and effsrt~ in ~aking thi~ Team successful. 16. PUELId ~E~RINSS la.A. TO CONSIDER AN ORDINANCE TO A~END THE CODE OF THE COUNTY AND RESTriCTED U~ES XN A ~ORPORATE OFFICE 0-2 DISTRICT ]tr. Poole stated that thi~ date an~ time has been advertised £ur a public hearing to c~n~der an ordinance relating to hotels as restricted usem in a corporate office 0-~ district (formerly ~ectlcns 21. l-13S and 21.1-139). Eo further stated that the proposed zoning ordinance amendment would take hotels ~rom ~he permlt~ed uses in the 0-2 district and make them ~rs. Humphrey stated that she is not opposed to the request, however, would like to address the proposed ordinance amendment with geveral n~ighborhood Smmooiation~ ~long the ~0 Corridor as there is algn~flcant 0-2 zoning along the Corridor. She de£erral. Mrs. Humphrey made e motion, seconded by ~r. Warren, for the and restricted uses in a corporate office 0-2 ~istrict until October 8, 1997. supported the prepsse~ zunlng ordinance amendment. ~r. Warren then called for the vote on the motion made by Mrs. ~umphrey, seconded by him, for the Board to defer consideration corporate office 0-2 district until October ~, 19~7. Vote: Unan~mou~ 97-419 Deputy Chief Shorter ststsd that this date and ti~e has Dean adv~rti~e~ £or a public hearing ~a consider a~pl~caticn of ICI Polyester for a permit to operat~ its Emergency Response Tea~ in th~ County. Ns one came forward to speak in favor of or against this issue. On motion of Mr. McHale~ ~conded by ~r. Daniel, the Board approved a request from ICI Polyester for a p~r~it to operate its ~mergensy R~sDcnse Team in the County. Vets: Unanimous I~.C. TO CONSIDER ~ REOUEST TO 0U!TCLAIM A ~ORTION OF A ~ARIAELE WIDTH RIGHT-OF-WAy ADJACENT TO THE EA~ EI~ET- 0F-W~¥ LINE OF ~RA~CHW~Y ~OAD ~ YA~IA~LB WIDTH. SIXTEEN FOOT AMD FOURTEEN FOOT 8EWER EASeMeNtS A~R0S~ PROPERTY 0WNE~ ~Y DAYTON HUDSON CORPORATION ~r. stith stated that this da~e an~ time has bssn advertised for a public hearing to consider a request to q~itcleim a portion of a ua~iable width right-oS-way adjacen~ to the aa~t right-of-way lin~ of Branchway Road and variable wldth~ sixteen foot and fourteen foot sewer easements acre~s property o~ned by Dayton Hudmon Corporation. No one cam~ forward to speak in favor of or aqainst %hi~ issue. On ~oticn of Mr. Barber, seconded by Mrs. ~umphrey, the Boar~ authorized the Chairmen of the Board of supervi~o~ and the County Administrntor to execute a quitclaim ~d to vacate a portion of a variable width right-of-way adjacent to the east right-of-way line of Branchway ~oad, State Route 64~ and variabl~ width s~xteen foot and fourteen foot sewer %asement~ across property own~d by Dayto~ Hudson Corporation, A Minnesota Cur~oration. 16.D. TO CONSIDER THE SALE OF SURPLUS COUNTy PROPBRTY ON FALLIN~ CREEE RESERVOIR ~r. S~ith stated that this date and time ha~ been advertised for a public hearing %0 consider the sale cf surpl~ County ~roperty on Falling Creek reservoir. Ne one oa~ forward to ~pesk in favor of or against this inset. On motion of Mr. Daniel, s~conded by Mr. McHale, the Board accepted an off,r, in the amount of $%?,~o0, for t~e purchase of a parcel of land~ with i~provementz, co,raining 3.0 · acre~, subject to r~ervation of necessary easements, on Falling creek Reservoir end authorized the Chairmen uf the Board and the CoUnty Administrator ~o sign the n~¢eseary deed. (It is noted that a copy of the vicinity sketch i~ filed with the paperm of this Board.) Vot=: Unanimous ~1~t~ 97-420 OF C~STERFIELD,..i~.~ AS A~ENDED, BY AMENDING ;%ND adverti~ for a public hearing to consider an ordinance relating to precinct boundarie~ and polling places. He noted that the wording "S~ate ~euta 640" which references Courthouse appearanoe of the Five Fork~ preoinot. He stated that he will support the ordinance as presented. ~ inquired as ~o whether the boundary line so the Fiv~ Forks preoin~ doe~ not wrap around another precinct. receives pre-=learance f:om the Department of Justice, staff stated that the ereatlon of new polling places i~ based on the voting pa~tern~ etc.) of ~he area. ~r, Micas stated tha~ the constitutional issues involving further stated that a main i~ua involving ~rs~inot oonfip~/ration i~ ease of atOeSs to the polling place~ which will be accomplished by the proposed ehan~e. villag~ community for many y~ars. She stated that th~ change ia being preaen~e~ ~hrough her and will allow for the school to provide for improved parking and safer access off River Road. She noted that ~everal groups have petitioned her to suppor~ this change, Mr. Warren stated that the o~ange in the Clover Hill District precinct will make it easier for the voters in the Mona~an area and will al~o make the voting lines shorter because the adopted the fallowing ordinance: ~ IT ORDAIRZD by the Boar~ of Supervisors of Che~=erfiel~ (~) That Section 7-~ of th~ Code of the County of re~d as follows: 6/11197 97 4~1 Sec. 7-3. Pre~%~Ct boundaries and DolIinc The following shall Be the preolnot boundaries and Roiling pieces for ~agi~t~rial districts in the county: Jacobs Voting ~recinot (204); B~ginning at the poin~ where the center line of U.S. Route 36~ (Hull Street Road) intersects the center line of Falling Creek; thence southeastwardly along the center line Of Falling Creek to its intersection with Newby'u Bridg~ Road (State Route 649); thence southward!y along the center line of Newby's Bridge Road (state Route 649) to its intersection with Belmont Road (State Route 651); thence eastwardly and sou=hwardly along the center line of Belmont Road (State Route 651} to its intersectioR with Court,cuss Road (state Reute 604); thence northwa~twamdly along the center line of Courthouse Road (State Routs $04, continuing as State Route 653] to its intersection with U.S. Route 360 (Hull Street Road); thence northeastwardly along the center line of U.S. Route 360 (H~ll Street Road) te its intersection with Falling Creek, the point and beginning. The voting place fen Jacobs voting Precinct ~hall he Jacobs Road Elementary School, SS00 Jacobs Read. oeo Five Forks Voting Precinct Beginning at the point where the center line of ~ewby's Bridge Road (State Route 649} intersects the center line of Falling Creek; thence southeastwardly along the center line of Falling Creek to itc intersection with Belmont Road (State RoUte 651); thence southwestwardly along the center line of ~slmont Reed (State Route 651) to its ihteruection with Cogbill Road (State Route 63S); thence eastwardly and northwardly along the center line of Cogbill Road (State Route 63~) to its intersection with Kingsland Creek; thence along said creek as it meanders eoutheastwardly to its intersection with Iron Bridqe Road (State Route ~0); thence southwardly along the center line of Iron Bridge Road (State Rout~ 10) %0 its int~r~ection with Halls Run Roa~; thence nerthweetwandly along the center line of HalI~ Run Road to its terminus; thence in a northwestwardly direction from said terminus to its intersection with Courthouse Road (State Route S64); thence northw~twardly along the cee~er line of Courthouse Road (State Route 604) to its intersection with Belmont Road (~tate Route 651); tA~nce eastwardly along the center line of Belmont Road (State Route 651) to its intersection with Newby's Bridg~ Road (State Route 649); thence proceeding ner=heastwardly ulonq the center i/ne of Newby' s Bridge Road (Stat~ Route 649) to its intersection with Falling Cree~, th~ point end place of beginning. The voting place for Five Forks Voting Precinct shall be Asbury United ~thodiet Church, ~1~1 w. ~elmont Road. coo Beginning at the p~in~ where the center line eI the Appomattox River intersects the center line of the Virginia Power Company easement; thence ~orthwardly along said easement to its intersection ~ith Oldtown Creek; thence northeastwardly along the center line of Oldtown Creek to i~s intersection with Hickory Road (state Route 628); thence westwardly along th~ center line of ~ickory Roa~ (State Route 62S) to its inter~ecticn with Graves Road (State R~ute ~30); thence southwestwardly along the center llne e~ Graves Roa~ 6111197 97-422 Route G30) to its intersection with River Road ~ state Route 602); thence leaving the center line cf River Road ~Stat~ Route ~02] in a straigkt line on a course du~ southwest to boundary line between the County of cheeterfield and the County of Dinwiddie; thence oastwardly along said boundar~ line as it follows the Appomatto~ River to its intersecti~n with the virginia Power Company easement, the point and place of beginning. The voting place far Matoaca Voting Precinct ~hall be ~atoaca Elementary School, 6627 River Road. oeo Smoketree Voting Precinct (406): Beginning at the point where %he center line of Courthous~ Road (State Route ~S3) intersects the center llne of Smoketreo Drive (state Route 277Q); thence northwardly along the c~nter line of Courthouse Road (State Route 65~) to interaeotlcn with Edenberry Drive (State Rout~ 2560); thence we~twardly along the center line of Edenberry Drive (State ~eute 2~60) to its intersection with Farnham Drive (State Route ~56~); thence northwardly along the center llne ef Farnham Drive (State Route 2561) to ~t~ intsr~ectinn with an unnamed tributary of Falling Creek; thence along said tributary as it meanders southwastwardly and meets Falling Creek; t~ence southwardly along the center lin~ of Falling Creek to its int~rsaction with an unnamed tributary; t~ence northeestwardly along the tributary to its intersection with A~ber Meadows Lane; thence due east for 386~ feet to the Commonwealth Natural Gas Pipeline easement; thence northwardly along the center line cf ~aid easement to ~ts intersect/on with Gordon School Road (State Route 2774); thence northeastwardly alen~ the centerline of Go~don School Road (state Route 2776) to its intersection with Smoketr~ Drive (Stat~ Route ~77Q)~ thence continuing ncrthea~twardly along the center line of S~oketree Drive to its intersection with Courthouse Read [State Route 653], the point and place of beginning. The voting place fo~ S~uketree Voting Precinct shall be Gordon Elementary school, 11701 Goxdo~ School Road. ~onacan Voting Precinct (407): Beginning at the point where the center lime of Courthouse (state Route 720); thence we~t~a~dly along the center line of Lucks Lane (State Route 720) to its intersection with Falling Creek; thence northwardly along the center line of ~alling Creek to its intersection ~ith an unnamed %ributary~ thence northeast~a~dly along the tributary to its intersection with 2~ar Meadows Lane; thence due eaet for 3000 feet to the Commonwealth Natural Gas P~peline easement; thence northwardly along the center llne cf ~aid easement to its intersection with along the center line of Gordon School Road (State Route 2776) thence continuing northeastwardly along the center line of Smoketree Drive to its intersection with Courthouse Road (State Route 653); thence eouthwardly along t~e center line of Courthouse Road for a distance of 2000 feet; thence due east for 400 feet to its intersection with an unnamed tributary of Falling Creek; thence along s~id tributary to its intersection with Daklns Drive (State Route 68S) ~ thence westwardly along the center line of Pekins Drive (State Route ~88) to its intersection with Courthouse Road (State Route 653); thence northwardly along th~ center l~ne of Courthouse Road (state Route 653) to it~ intersection with Lucks Lane (State Route 720), the point and place of beginning. 97-423 The voting place for Monacan Voting Precinct shall be Monaoan High SChool, 11501 Smoketr~e Drive. Reams Voting Precinct (408): Beginning at the point where the center llne of Courthouse Road ( State Route 653) intersects the center llne of Reams Road (state Route 647 }; thence southwardly along the center line of Courthouse Road fur a distance of 2000 feet; thenss due cast for 400 feet to its intersection with an unnamed tributary of Falling Creek; thence southwardly along said tributary to its intersection with Pekins Drive (State Route 688}; thence eastwardly along the center line of Dakins Drive (State Route 6SS) to its intersection with Adkins Road (State Route 672); Rou~e 672) to its intersection with Rosagii1 Road (State Route 2588); thence northeastwardly along th~ c~nt~r line of (State Rout~ 64?); thence southeastwar~ly along the center li~e of Roams Road (state Route 647) to ~t~ intersection with South Providence Road; thence northwardly along the center line of south Providence Road to it~ intersection with U.~. Route 60 (~idlothian Turnpike); thence westwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with North Arch Road (State Route; 6?2); thence meethwardly along the center line of North Arch Road, continuing a~ ~outh Arch Road (Stat~ Route 672] to its intersection with Reams Road (Stats Route 647); thence northwardly along the center lin~ of Reams Roa~ (State Route 647) to its intersection with Courthouse Roa~ (State Route 65~), the point and place The voting place for Reams Voting Precinct shall be Reams Road Elementary SChool, 10141 Reams Road. (2) That thim ordinance shall become ~ffective i~mediately upon adoption. stated this date and time has been a~vertised for a subdivision, Section 1. ~o one came forward to ~peak in favor of or against thi~ On motion of ~r~. Humphrey, ~ecomdad by Mr. Barber, the Board adopted t~e following ordinance: ("~RANTOR") vacates to EDWARD K. C~24P~ELL and DONNA L. CA~pRELL, (husband and wife), W!LLI~J. BRYkN, ~. and L. BRYAN~ (husbani and wife), ("GRANTEE")~ a 50 ~ right of way known as Blockader Lane between Lot 8, BlOCk E and Lot 1, ~leok F~ ~len Tara Subdivision, SeCtion 1~ MATOACA Magisterial District~ Chesterfield COunty, Virginia, as shown on a pla~ t/~er~of duly recorded in tho Clerk's Office of the Circuit Court of C~esterfield Connty in Plat Rook 31, at Page ~, 69, and 70. petitioned the Board o~ Supervisors of Chesterfield County, Virginia to vacate a ~0' righ~ of way knew]~ ag Blockader Lane be~ween Let 8, Block E and Lot 1, Block F, Glen Tara Subdivision, Section 1, ~ATOACA ~agist~rial Di~tri~t~ 6tlll~ 97-424 of record in the Clerk's office ofth~ Circuit Court of said County iD Plat BOOR 31, Pages 68, 69 and 70, by J. K. TIGONS & ASSOCIATES, INC., dated J~KB 30, 197~. Th~ right of way A 50~ ~ig~t of ~ay known as Blockader Lane between Lot S, Block ~ and Let 1, Block Glen Tara Subdiu~ien, Section 1~ the location of which is more fully shown on a map attached hereto and ~ade 6 part of this ordinance. W~EREAS, notice ha~ been given pursuant to Section 15.1- 431 Of th~ Code of Virginia, 1950, as amended, by advertising; W}{EREAS, no public necessity exists for the continuance of the right of way sought to be vauate~. NOW TM~R~FQRE, Bt IT ORDAINED BY THE BOAR~ OF 9UPERVI$ORS OF CHESTERFIELD COUNTY, That pursuant to Section 1§.1-482(b) of th~ Codg. of is hereby vacated. ~ho~ on th~ attached map- Thin Ordinance sh~ll be in full force and effect accordance with Section 15.1-4S2(b) ~f the Code of virginia, together with the ~ap attached hereto shall ba r~c~d%d no sooner %hen thirty days hmreaft~r in the Clerk's Off~ce of the Circuit Court of Chesterfield County, Virginia pursuant Section 15.1-4B5 of the Code of Viruinia, 1~0, as amended. i~ to de~t~oy th~ force and effect of the recording of the simple title of the right of way hereby vacated in the property Subdivision, Section 1 fr~e and clear of any rights of publlc Ac=ordlngly, ~his Ordinance shall be indexed in th~ names C~BELL an~ DONNA L. ~BELL, (husband and wife), and WILLI~ J. BRYAN, JR. and DEBO~H L. BRYAN, (husband and wife), their successors in tills, as G~NTEE. Vote: Unanimous 16.G. TO CONSIDER ~_N ORDINANCE TO V~C~TE ~ ~ORTIO~ OF A ~UBDIVI$ION, ~ECTION 0 ~r. Stith stated this dat~ and tim~ ha~ ~een advertised fo¥ a public he,ring to consider an ordinance to vacate a pot=ion of ~ ~i×teeD foot ea~men~ within L~k~wood F~rm~ Subdlvi~ion, SectiOn C. No one ea~e forward to speak iD favo~ of or against this ordinance. 97-425 on motion of Mr, McHale, smConded by Mr. ~rber, [_he Board adopted the following ordinance: AN QRBINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") ~ates to PM~LLIP G. ROTT and CAi{RIE p. ROTT, Ihusband and wife), ('~GRANTEE")~ a portion of a l~~ ease~on~ across Lot 5, Block C, LAK~WOOD FARMS Subdivision, Section BERMUDA Ma~imterial District, Chesterfiel~ County, Virginia, am shown on a plat thereof'duly recorded in the Clerk's Office of the Circuit Court of C~Sterfield County in Plat Book 24, at Page 36. WH~A$, P~ILLI~ ~. ROTT and CAPd~IE P~ ROTT, ~he Board of Supervisors of Chesterfield County, Virginia vacate a portion of a 16~ easement across Lo~ 5, BIOO~ C, LAKEHOOD FA~S Subdivimion, ~action C, BE~UDA District, Chesterfield County~ Virginia more particularly Shown on a plat of record in the Clerk's Office of =he CixcRit Court of said County in ~la~ Book 24, Page 3~, by M. E. FLOYD, dated ~Y 6, 1975. The easement petitioned to be Vacated is ~ore across Lot 5, Block C, L~EWOOD ~u~division, S~ction C, the locakion of which is more fully shown c~ a plat made by ROBOT E. ~O~S & ASSOCIATES~ dated OCTOBER 7, 1996, a copy of which i~ attached hereto an~ mad~ a part of tkis Ordinanc~ WMMR~AS, notice ham been given pursuant to ~ction WHEREAS, no public necessity exists for the continuance NOW, THEREPOR~ B~ IT ORDAINED BY TME BO~D OF SUPERVISORS That purmu~n~ ko Section 15.1-~$~(b) of the hereby vacated. Thi~ Ordinanc~ shall be in full force an~ ~ff~ accordance with $eo~i~n 15.1-482(b) of the Cods of Vir in'a, L~50~ am amendmd, and a c~rtified copy ~f th~m together witA ~he plat attached hereto ~hall bm recordmd no ~ooneT than thirty days hereafter in the Clerk'~ OffiCe of the Circuit Court of Chestmrfield County, Virginia purmuant Sec=ion 15.1-4SS of th~ Code of vir inia, ~0, as The effect of this ordinance pursuant to Soo%ion 15.i-483 simple ti%lo of the eamement here~y vacated in the ownmr Qf LOt 5, Block C, within ~KEWOOD F~M S~ction C free and clear of a~y rights of public Accordingly, this ordinance shall ba indexed in %h~ names o~ the COUNTY OF CHESTERFIELD am G~TOR, a~ PHILLIP G. ROTT and CARRIE 9. ROTT, husband and wife), or thmi~ Successors in title, as G~TEE. 6tllt~? ~. Hemmer stated that this d~te and t~me has been for a public hearing ts consider the conveyance of 1.2 acres fronting Iron Bridge Road to J.H. Martin, Jr. FLY. Mc~ale excused himself from the m~ting~ No one came forward to speak in favor of cr against bhis issue. Mr. Daniel made a motion, seconded by ~rs, Humphrey, for the hoard to approve the conveyance of 1.2 acres, f~onting Iron Bridge Road =o J.E. Martin, Jr., in the ameun~ of There was brief discussion relative to the use of the funds from the sale. Mr. Wa~e~ called for the vote cn the motion made by Daniel, ~ecend~d by Mrs. Mumphrey, for ~h~ Board to approve the conveyance of 1.2 acres, f~ontin~ Iron Bridge Road, to Martin, Jr., in the amount of Ayes : Mr. Warren, Mrs. H~mphrey, Mr. Barber, and Mr. Daniel. Abuent: Mr. McHale. O~ ~_H~.~FT~LD, 199~, AG ~MENDBD, BY ~BNDING AND REENACTING SECTION 19-2~, 19-279. an~ 17-11 RELATING TO ~. Me,ale returned to the m~ting. Mr. Jacobson stated this date and time has been advertised for a p~blic hearing to aonsider an ordinance relating to Planning fees, specifically, ~s it relates to deferrals. He further sta%~d that the ?lanning Commission and staff recommends that the Board increase the coat of most deferr~l~ from the current $50 fee to $150 and increase the cost of short deferrals to $~50. When a~ked, he ~t~%ed tha~ the planning commission unanimously supported the ordinance end that the fee incream~ do~s not apply if a deferral is recp/ested by a Board member. Mr. George Beadles suggested that Three Cent Road Funds be charged if e Board member or Planning Co~mission requests a deferral to cover the ~ogt of the deferral and suggested thab th~ $~50 f~e be further increased to 8450. ~s. Bambie Davidso~, representing the Homebuilders Association, stmted that they support the proposed ordinance. There being no one =lee ~o address this urdinance~ the public hearin~ was closed. On motion of Mr. McHale, seconded by Er. Daniel, the Board adopted the following ordinance: AN ORDIN~CE TO ~END T~E CODE OP THE CO~TY OF CHESTERFIELD~ 1~97, kS ~NDED, BY ~ENDING AND REENACTING S~CTION 19-~5 RE~TING TO FEES ~E IT ORDAINED by the Board of Supervisors of ChesTerfield County: Chesterfield, 1997, a~ amended, are amended ~nd reenacted to read as follows: S~C. 19~25. The following fe~e, which include ~he costs of hearings, advertisements and notices when required, sh~ll be deposited simultaneously with thc filing of the application: zoning reclassification: (t) Without conditional use planned development With oondltional use planned development 2,~90.00 (~) NO applicant fur a zoning rm~lassification for Zone designated by the Co~onwealth Df Virginia reguired to pay a fee, provided the director of planning determlne~ that ~he request i= in ~omplianoe with the comprehensive plan. This ~xemption shall continue ~or the lifo of the Enterprise Zone.1 1 Th~ £~e examption for the Jefferson Davis Highway Enterprise Mona expires on December 31, 2G14, The fee exemption for the Watthall Enterprise ZOne expires on December 31, 2016. (b) Conditional u~s and special (1) Multiple-family or two-family PlU~, per unit over the first two unit~ 3~.OO (2) Manufactured homeu~ mobile homes: a. New b. Renewal 245,00 (3) Planned development: a. Without zoning reclassification Pi~s, per acre for the 15.00 15.00 b. With zoning reclassification ~lus~ par acre for the first ~ acres 50.00 Plus, p~r acre ever ZoO acre~ 20.00 c. A/~end condition Of planned development, each condition All others 1,135.00 91ns, per acrs 25.00 (5) No applicant for a conditional ~se er planned ~evelo~ment for any office, commercial or industrial u~e within an ~nterpri~e Zone designated by the Commonwealth of Virginia mhall be r~quired to Day a fee, provided the director of planninq determines that the request 'is in compliance with the nsmDrehensive plan. This exemption shall continue for the life of the ~nterprise Zon~.2 2 The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on DecaYer 31, ~Q14. The fee exemption ~er t. he Walthall Enterprise Zone expires on December 31, 2016. (c) ~end condition ~f zoning, planned development, per condition (l) Per condition other than condition of 1,450.00 1,450.00 (2) NO applicant seekin~ to amend a condition of zoning for any office, so~umercial or industrial u~e within an ~nterpriee Zone designated by the Commonwealth of Virginia ~hall be require~ to pay a fee, provided the director of plannin~ ~etermines that the re,nest is in compliance ~ith the ~omprehensive plan. This exemption shall continue for the life of %h~ Enterprise Zone.3 3 The fee exemption for the Jefferson Daviu Highway Enterpri=e Zon~ ~xpires on December ~1~ 2014. The fee exemption for th~ Walthall Enterprise Zone expires un DecaYer (d) Variances, setback 230.00 (e) Variances, adminiatrativ~ 130.00 (f) Variances, all ~ther Appeal to boe~d of soning appeals pursuant to section 19-21 500.OO (n) sign per,its: (1) Temporary signs, aa permitted by article IV of th~ Development Standards Manual (2) All other signs for which buildlng permits are ~equired 100.00 NO business located within an Enterprise Zone d~ignated by the Commonwealth of Virginia shall be required to pay a fee in order to obtain a sign permit. This exemption shall continue for the life of the ~nterprise Zone.4 4 The fe~ e×smptien for the Jefferson Davis Highway ~=~rpri~e Zone expires on Dece~3oer 31, 2814. The fee exemption for the Walth~ll enterprise Zone expires on 31, 2U16. (i) (~) ~lanning commission hearing (a) with accompanying zoning application 500.00 (2) Administrative determination 250.00 6/11/97 97-429 No applicant for substantial accord for any Q£fioe, commercial or industrial use within an Enterprise Zone designated by %he Ce~o~wealth of Virginia shall be required to pay a fee~ provided th~ director of planning determine~ that the request is in compliance with the ~omDr~k~neive Dla~. This cx~mptien shall contin~ ~or ~hs li~e Enterprise Zone e~pires on December ~, 2014. The fee exemption Deferral requests by the applicant~ pmr request deferral of 40 $250.00 all other deferrals... NO applicant requesting a deferral shall b~ r~quise~ to pay fee for th~ deferral if h~ was not charged a fee for hi~ application. This exemption ~hall continue for the lif~ Of (k) Modifications to development standards and (~) That this ordinance shell become effective July That Section 17-~1 o~ ~ke Co~e of the County ~f The f~es for processing subdivisions ~y the county ~hall tentative or final approval and shall be equal to the following: (a) Original submittal, including up 20.00 Renewal of previously approved including up to two resubmlttels Plu~, per let 10.00 T~ird and subsequent submittal of original er renewal of p~viously ~pproved ~entatlve~ lO0.oo pmr submittal (d) Adjustment to approved tentative per submittal or reaubmittal (3) Final approval 545.00 Plus, per lot 5.00 (3) Appeal of decision Of director of planning (Code 1978, § 18.1-9) State law reference(s]--Authority uf county to provide fees for plat review, Code of Virginia~ § 15.1-466(i). (2) That this ordinance shall became effective July 1, 1997. And, £urther, the Board adopted the following ordinance: AN ORDINANCE TO AI~Q TH~ CODE DF THE COUNTY OF CHESTER~IELD, 1997, AS AME~DEDf BY A~D R~NACTING SECTION 19-279 RELATING TO SITE PLAN FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-279 of the C~de of the County of ChesterfiEld, 1997, as amended, are a~e~ded and reenacted to read as fol]ow~: Sac. 19-279. Fees. In addition to any other fees required by the county, fees shall be ~ayahla to the county treasurer and s~bmitted to the planning department upon filin~ aa follows: (a) Sit~ plsn~ (1) Original submittal, including up ~o two resubmittals Pi~, De~ acre 50.00 (2) Third a~d subsequ=nh resubmittals, per resubmittal 290.00 (3) Adjustment to approved si~e plan, Dar submittal or resubmittal ~90.00 (4~ NO business located within an Enterprise ~one designated by the Commonwealth of Virginia shall be required to pay any of the fee~ described in subsectien~ (a) (1} through above. This exemption shall continue for the life o~ =~e Enterprise 1 T~a ~ee exemption for ~he Jefferson Davis Highway Enterprise Zone expires on December ~1, J014. The fee exemption for the Nalthall Enterprise Zone expires on December ~1, (b) (1) $chematlc plan 1,025.00 Plus, per acre for the first 5~ acres Plus, per acr~ ov~r SO acres 25.00 (z) Amendment of a~ov~d s~he~atic plan (c) AppEal of d~¢i~io~ uf director of planning (Cods 1978, § 21,1-280; Ord. cf 4-10-~, § l) 1997. Vote: 16.J · (2) That this ordinance shall become effective July TO CONSIDER ~N ~.~ENDMENT .pO THE F¥9~-97 bUDGET TO APPROPRIATE $735.0~ IN ROUTE 68/147 ESCROW ~,E,S~RVE FUNDS TO CONSTRUCT THE .DRAINagE ~MP~oVE~ENTS IN T~m ALVERSER D~IV~ ~I~D STONEHENGE AREA Mr. Stith stated this date and time has been adv~rtlsed for a public hearing to consider an amendment to the FYPS-9? Budget to appropriate $735,000 in Route 60~47 e~ciow re~erve funds to construct the drainage improvements in the Alv~raer Drive and Stonehenge area. No one sa~e forward to ~peak in fever cf or against this issue. ~r. Barber stated that the drainage area is a drainage district and each of the property s~ners in that district pay into a fund, which f~ where the $73~,000 =amc from. ~e noted tha~ general tax d~llars nor the Cuun%y~ Reserve fund i~ paying fo~ =hes~ improvements. ~r. Barber t~en made a ~otion, seconded by F~r. McHale, for the Board to approve an amendment t~ the FY96-97 Budget to appropriate $735,0G0 in Route 60/147 ESQZOW Reserve funds to construct ~he drainage improvement~ in the Alvereer Drive and Stonehenge area. Vote: Unanimous amendment of zoning district map to park a mobilg home in a Residential (R-?] District. The ~en~ity of this proposal is ~even yeare, subject tc the ¢on~i~iuns. Ha noted the mobile 1. The ~obile home shall be occupied by the aDpllcant~' rental property, Only one (1) mobile ~ome shall be permitted to be parked on an individual lot or parcel. 6111197 97-43~ The minlm%uu lot size, yard se~a~g~, required front yard, and other zoning re~irement~ of the applicable zoning distric~ shall be complied wi~h, except that ne mobile home shall be located cIomer than ~0 feet to any existing residence. - No additional per. anent-type livin~ space may be added onto a mobile home. All mobile homes shall be skirted bu~ shall no~ be placed on a psnuansnt foundation. 5. Where pu~li~ (County) water and/or sawer are awailable~ they shall be used. 6. Upon being granted a MoBile ~ome Permit! the applicant shall then obtain the necessary pe~its from the Office of the Building Official. This shall be done prior to the in~tallatio~ Or r~location of the mobile hame. Any violation of the above condi~ion~ shall be grounds for revocation of the Mobile ~eme Permit. 97~R0244 In Bermuda ~agiste~ial District, C~{~RL~B D, ~D SHIRLEY J. JOYNER requested renewal of Mobile Hume Permit 905RQ184 and amendment of zoning district map to park a mobile home in a Residential I~-71 District. The density of this proposal is approximately 3.33 units per acre. The Comprehensive ~lan suggests the property is appropriate for regidentlal use of 2.51 - 4 units per acre. This property fronts the w~st 1lee of Senat~ Strset, approximately 250 feet south of Alcott Road and is better known as 7600 ~enate ~trest_ GPIN 785-675-6194, 6201, 6297 (Sheet Mr. Jacobean presented a summary of case 97SR0244 end stated that th~ ~lanning Co~guission and staff recommend approval for seven years, su~jec~ to the conditions. He noted the ~obile home i~ located in an area designated by the 3~ff~rson Davis Corridor Plan for residential usa. Mr. charles D. ~nd Mrs. Shirley J. Joyner stated that the On motion of Mr. McEale, by Mr. Barber, th~ Soard approved 97SR024~, Bubjaot to the following conditions: 1, The applican~ shall be the owner and occupant of the mobile home. ~0 lot er parcel may be rented or leased £o~ use a~ a mobile hems site, nor shall any mobile home be used rental preperty. Only One (~) mobile home shall be permitted to be parked an an individual lo6 o~ parcel~ The minimum lot size, yard ~tbacks, required front yard, and'o~hsr zoning roquiremen~m of ~ha applicable muning distract shall be complied with, except that no ~obile home shall be located ales~r than ~O £~t to any existing residence. 4. No additional permanmnt-type living space, other than the existin9 addition, may be added onto ~he mobile ho~s. Uss of the existing addition to the mobil~ home may be addition may not be enlarged, extended, reconstrucied, ~ubntituted, er ~tr~¢turally altered, Where public (countyI water and/or sewer are available, they shall be umed. Upon being granted a Mobile Nome P~rmi%, the applicant shall th~n obtain the necessary permits from the Office of the Building Official. Tkis shall be done prior to the installation or relocation of the mobile kome. Any violation Of the above conditions shall be grounds for revocation of the Mobile Home Permit. Unanimous d~strict map from Agricultural (A) to Neighborhood Business (C- Z} with Conditional Use Planned DeVelopment to permit fast food suggests the property is appropriate for n~ighborhood that ~r. McHal~ is requesting s deferral until July 23, 1997. submitted late last week which might s~bstan~ially change both farther stated that a~ea neighbors have not had the s~Dortunity 97sN0199 In ~atcaoa Kagister~al District, J~MES ~. ~US~RD requests rezoning and amendment cf zoning district map from Agricultural (A) to Residential (R-12). A singl~ family residential s~bdivi~ien having a minim~ lot siz~ cf 12~000 Square fe~t is planned. Residential u~e of up to 3.~ units per acre is permitted in a Residentia~ (R-12) Dis=riot. The applicant proffered to limit development to a maximum of ~2 lots, yieldin~ a density of approximately ~.2 units per acre. The Comprehensive Plan sugge~t~ the property is appropriate residential u~e of ~.l units par acre or less, This reque&t lies on ±0.O acres Sron=in~ approximately 400 feet on the lins of Bethia Road, appro×imat~ly 900 fee= southwest of Winterpoek Road. G~IN 721-S69-Part of Parcel 8405 (Sheet Mr. Jacobso~ pre~ented a summary of case 97~0199 and ~tated that ~he Planning Commission and ~ta£f recommend approval and aceeptanc~ of ~he proffere~ conditions. Re noted the request ccnforu~ to the UDDer ~wift. Creek ~r. Jim Hubbard, representing the applicant, stated that the recon~nendation i~ acceptable. There was no Opposition present. On motion of Nfs. ~mphrey, ~eco~de4 by NS. Barber, the Board approved Case 97SN0199 and accepted the following proffered 1- No direct access shall be permitted'ts Be{hia Road. 2. With the exceptisn of timbering whioh has been appreve~ by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, ~hera shall be no timbering until a land disturbance permit has been obtained from the Environmental ~nginssring Department and the approved devicem have been inst~lled. All i~pervio~s ar=a~ shall drain through a 4. The public water and wastewater systems shall be used. 5. A maximum of ~ ni~gle family r~sld~nQes shall be developed on the property. 6. The minimum qro~ ~qua~e footage for single family r~sidences shall be as follows: 1 story residences 1,200 gross square feet More than 1 story reslden~es 1,~00 ~ross square feet 7. Within the Residential (R~12] tract, storTawat~t rtmcff shall be controlled such that the pest-development total phosphorus lesd shall not a~ceed 0.22 pound per acre per year. The applicant, su~dlvidsr, or assignee(s) shall pay the following to the County of Chesterfield prior to the time of building permit application for infrastructure improvements within the servlc~ district of the proper~y: a. $5,175 pe~ dwelling unit if paid on or prior to June 30, 1996 or The amount approv~ bN the Board of Supervisors not to exceed $5,175 per dwelling unit adjuEted upward by any increase in the Marshall and Swift Building Cost Index between July l~ i~95 and July 1 of the fiscal year in which the pa~rment i~ made if p~id after ~une 30, Vote: Unanimous In ~idlothian Magisterial Distrist~ THE ~_R~ENT ~ROUPAND NORTH ~MERICANPRO~ERTiES - ATL~NT~ requested re~oning and amendment of ~oning distlist map from ~eighborhood Business (C-2) with Conditienul Use Planned Development~nd Community Business Ic- 3) %e Community Business (C-3). The density of such amendment will be controlled by zoning conditions er o=dinanoe s~andards. The Comprehensive Plan suggests the D~operty is appropriut~ for r~glonal ~i×ed uss. Thi~ reques~ lies Qn 21.~ acres lying approximately 320 feet off the north line of Midlothian Turnpike, measured from a pei~ across from Research Road. GPIN 742-709-7585 and Part of ~orcel 91&0; 742-710-g752; 7~- 711-Part of Parcel 6355; and 743-709-Part of Parcels 0958 and 2061 (Sheet 8). Mr. Jacobson presented a sugary of Case g7sN0203 and ~tat~d that the Planning Commission and staff recommend approval and acceptance of the p~offe~ed conditions. ~e noted the request oenfurmS ~o the ~u~u~not/Robious/Midlcthian Area Plan. Glc~ia Frye, E~qui~, ~p~e~antinq the applissnt, ~tated that the reco~e~dati0~ is acceptable. ~/c. Warren stated that ~ince there was input into the request, it would be placed in its regular sequence on the agenda. In Matches Magisterial District, JAMES ~. EE~TER requests rszoning and amendment of zoning dis~riot mad ~rom Agricultural (A) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions er Ordinance standards. Tbs Comprehensive Plan sug~est~ the property is appropriate for commercial/industrial corridor use. Thi~ request lies on acr~ fronting approxlmstely 348 feet on the north line of Arrowfield Road, appro×i~at~ly ~00 feat ~ast Of Jefferson ~avis Highway. GPIN 799-629-Part Of Parcel 870~ (Sheet 49). ~r. Jacobsen presented a ~ummary of Case 97SN0~05 and that the Planning Commission and staff recommend approval. He noted the request conforms to the .$~uthern and Western A~ea ~r. dames ~ester stated that the recommendation is acceptable. On mQtion of Mrs. Humphrey, seconded by Mr. Barber, tho approved Case 975NQ~08. In Midlothian Megisterimi District, CAY TRONFIELD requests resuming and amendment of zoning ~striot map fro~Agricult~r~l (A) ~o Corporate Offio~ (o-a). The density Of ~uc~ amendment will be controlle~ by zoning usn~itions or 0rdinahce standardS. The Comprehensive Plan suggests the property is appropriate for general comm~rclal use. Thi~ request lies on 0.8 acres known as 8500 Midlothian Turnpike. CPIN ?~¥-705-3~6 (Sheet 8). Mr. Jacobsen presented a summary of Case 97SN0221 and ~tated that the Planning Commission a~d staff recommend approval and acceptance of the proffered conditions. He noted the request oenform~ to thc Northern Area Land use and Transportation Plan. Since there wa~ no one present to r~p~esent the applicant et this time, the request was ~laced in its regular sequence on the ~genda, 97sN0227: In Clover Hill ~agieterial District, RICHARD L. JEFFRESS requested rezoning and amendment of zoning district map from Aqricultural (A) to Rssld~ntial (R-~) Of ~].9 and from Residential (R-9) to Corporate Office (0-2) of sore. A ~ingle family residential subdivision with a minimum lot size of 9,000 square Sect is planned. The 0-2 portion is ~c be combined with adjacent 0-2 property for office development. ~eside~tial use Of up to 4~84 units per acre permitted in a Residential (R-9) DiStrlet. The density of the Cerporat~ office (0-2) portion will be controlled by zoning conditions or Ordinance standard~. The Comprehensive Plan ~Uggest~ th~ property is a~propr~ate fe~ ~esid~ntial use of 4.0 units per acre or les~ and for mixed use corridor. This request lies on 2~.0 acres lylmg approximately 500 feet off the north line of Hall Street Road, measured from a point approxlmately 6~5 fe~t west of Pecoshook ~oulevard, GPIN 761~ $94-Part of Parcel S371; 761-695-Pa~t cf ~arcel 3~1~; amd 7~- 695-Part of Parcel 0~ (Skeet 14). That the Pla~i~ Co~Y~is~ion and staff recommend approval and accsptanca of the proffered conditions, He noted the re~ueet conforms to the Route 360 Corridor Plan. FLr. Richard Jeffrss~ mtated that the 'recommendation is acceptable. ~here Was no opposition present. On motion cf Mr. Warren, seconded by Mr. McHale, the Board approved Case 97SN0227 and accepted the following proffered conditions: 1. The public wastewater symtem ehall be used. 2. The public water system shall be used. 3. Except for timbering approved by the Virginia Departm'ent of Foremtry for th~ purpos~ of re~oving dead or diseased tree~, there shell be ns timbering on the Property until a land disturbance p~rmit has be~n obtained from the Environmental En~ineerin~ Department and ~he approved devices have been installed, 4. Any le~ a~utting existin~ gurreywood subdivision lots acroo$ ~k¢ northern-most property boundary of the residential tract and GPZN 761-596-6105 shall ~av~ a minimum let size of i~,0QQ square feet. Dwelling units ares of 1,800 square feet. All other dwelling units ~hall have a minimum gross floor area of 1,400 square feet. A maximum sf sixteen (16) ranch style dwelling units shall 6. There shall ba no acce~ from this property to $~rreywoc~ Subdivision. Roads shall be desiqned to minimize the possibility of any future connection from this project to any portion of surreywood Subdivision, through any adjacent property. 7. Prior to, or in conjunction with, recordation of each subdivision ~lat~ restrictive covenants shall be recorded which include the fo/lowing provision~ A. An Architectural Review Committee sha~ established. The Architectural Review Committee developer ~nd a per,on appointed by thc Route 360 Corridor Co~ittee. A Community association shall be established and each lot owner shall be required to be a m%~ of ~he association. Th~ association shall have right to charge reasonable annual due~ and to place liens on a property if nut paid. (abbreviation or otherwise) of the term "~urreywood' in its name. 9. The developer s~all no~ ~eek approval of a prlva=e read subdivision. i0. Concrete curb and ~utter shall b~ ingtalled along all ~oads, drivawnys and parking areas. property owner(s) of GPIN 761-6~4-$371 and 9955 and the last known representative on file wit~ the CoUnty Planning Department of the ~60 Corridor Co~ittee and of the Surre~ood Civic Association of the submission cf site and tentative subdivision plan ~ubmission. Such 97-437 12. ~V~nt less than twenty-one (21) days prior to approval ar dieapprevaL of the plan.. The developer shall provide t~q~ Planning Department with an affidavit that SUch notice has been s~nt. For each lot developed within ~e boundaries of this zoning oase~ the applicant, subdivider, or assignee(s} shall pay the following to the County of CheSterfield, prior to the time of building permit application, for infrastructure improvements within the ~ervice district fO~ the property: a. $~,175 ~er lot, if ;paid on or prior ~c Jume 30, b. Th~ amount ~pproved by the Board of Supervisor~ not to exceed $5,17§ per lot adjusted upward by any increase in ~he ~arshatl and Swift Building Co~t Index between 3uly 1, 1995 and July 1 of the flsaal year in ~hich the payment is ~ade if paid after June 30, 1996. 97s~020~ In ~idlo~hlan Magimterial Dist~ict~ THE ARO~NT ~ROUR~D NOKTH AMERICAN PROPERTIES - ATLAi~TA requested rezoming and ~msndment cf zoning ~striat map from ~eighborhood Bus~ne~ (C-2} wi~h Conditional Use ~lan~ed Devel0p~nt and Community ~) to Community Business (C-3). The density Of ~=ch amendment will be controlled by ~ning conditions or Ordinance standards. a~Droximately 320 feet off the north line of ~idlothian ~rnpike, ~a~ured from a ~o~m~ across from Research Road. GPIN 742-709-7585 and Part cf Parodi 9260; 742-71~-8752; 742- 711-Part of Parcel 63~; and 743-TOP-Part of Pnrcels 09~8 and 2OS1 (Sheet ~r. Jacobso~ p~esented a summary of Case 97SN0203 and mtated that the Planning Commission and staff ~euo~end approval and acceptance of th= proffered conditions. He noted the conforms to the ~u~uenot/Robiou~idlothlan Area CoUnty to have quality development in this area ~uo~ as parkin~ ~he Connty should construct more parking decks and construot them so they will last well into the ~. Jeff Bishop stated that h~ has a business at the end of Grove Road and inquired as to the impac~ ~at the proposed development will have on ~is property, specifically, as it relates to a loop road a~ound th~ R0U~e 60/Huguenot Road/ Courthous~ Road intmrs~ctlon. ~, Jacobsen stated %ha~ the proposed development will not have any impact on Mr. Bishop's business. Nr. ~arDe~ st=t~d that there is nothing on the horizon at this ~ime that would connect Busy S~rest to Grove Road and that the roa~$ will not be connected until a large ~evelopment comes Boulevard and Research Road. He stated =ha= these extensions will h~ve a slgnifiaant impact on reducing cong~stlon on ~idlothian ~rnpike as it inter~cts with Cour~ou~e Huguenot ~ouds. He further ~tuted that the development aonform~ to the Comprehensive mlan and is located in an ar~a tha~ warrants =o~eroi~l developm=nt. He noted that he had one letter, from a boy scout, in opposition tu ~he r~q~est. 6/11/97 97~438 Mr. Barber then mede's motion, seconded by Mrs. Humphrey, for the Board to approve dame 97SNU2Q3 and accept the proffered conditions. When a~ked, M~. Frye stated t~e~ the appli~'a~ is paying for million in road imprevmments and that the development will qenerate approximately $1 ~illion in revenue for the County. Mr, Warren stated that he feels the this project has an excellent developer and that the proposed development is e ~reat project. Mr. Warren then called for the vote on the motion made by Mr. Berber, seconded by Mrs. Humphrey, far the Board to approve Cass 97SK0203 and accepted thm following proffered conditions: 1. ~ubli¢ water and waetewater systems shall be used. 2. Prior to any site plan approval, a ninety (90) foot wide rig~t-ef-way through th~ northern part-of the Property for Ester Center Boulevard Extended, shall be dedicated, free and unrestricted, to and for the b~nefit of Chesterfield County. The exact location o~ this right-or.ay shall be approved by the Transportation Department. 3. Prior to any site pla~ approval, an access plan for the Property to Ester Center Boulevard Extended B~all be ~nbmitted to and mpproved by the Transportation Department. Access for the Property shall conform to the 4. To provide an adequate roadway system at the time of co~ple~e development, the Developer shall be re~ponmlble for the followiKg; a.) Construction of a four-lane divided road for Koge~ Boulevard located east o~ the Property through its inters~otion with Mall Drive a~d then tapered to the e×istinq two-lane section of Koger Center ~oulmvard; b.) Construction of additional pavement alon~ Keqer provide left and~or right turn lan~s, if warranted, c.) Dedication to Chesterfield County, free and unrestricted, any additional right.of-way (or easements) required for the i~prevaments identified Prior to any site plan approval, a p~asin~ plan for the required road improvements, as identified in ~roffered Condition 4, shall be submitted to, and approved by, the A thirty-five (35) foot setback shall be maintained along Keger Center ~eulmvard. The northernmost twenty-five (25) feet of this setback shall conform to toning Ordinance reguiremen~ for such setbacks in Post Development Areas; provided he.ever, that there shall be no u~ili~i~s permitted within the twenty-five (25) foot ~etback unless such utilities arm located generally perpendicular this se~bao~. The remaining 10 feet of the 35 foot setback shall b~ landse~pe~ as approved at the time of site plan review' by the Plannin9 Department and the ra~peotive Department(s) or authority(fee) which ~ontr~ls any utilities located within The ten (10) foot area. Th~ construction and installation of neoe~sery underground utilities end as~ooiated infrastructure shall ~e permitted within the landscape area, includin~ i~tallation of ~uch utilities gen~ral!y parallel to the boundaries of ~he 6/11197 97-~39 7. The front facade of principal buildlngls), exclusive of outparoels, shall incorporate a canopy which extends fer the entire l~ngth of the £rcnt facade and which bas a width cf at least eight (8) f~@t. The colors, materials and design of any such canopy shall be compatible w~th th~ colors, materials and design of the principal building. Except for any principal building(s) located within 500 feet of Kuger Center B0uleva~d, in lieu of a canopy, street trees may be planted parallel to the front facade of principal buildinqs, on both sides of any of the driveways, adjacent to the principal building(s). For any principal building{s) within 500 feet of Koger Center Boulevard, in lieu of e ea~opy, ~tr~et trees may be planted parallel to th~ front facade of the building{s) on ~he parking lot side Of any driveway ~djacent to the buildinq. The exact spseiez, size, spacing and'location of street trsss shell be approved at the time of site plan review. Additional lanflscapin~, as approved by the Planninq Department at the time of site plan review, shall be provided within p~rking areas sc as to minimize the expanses of pavement. Only one (1) primary access drive which provides Or facil~tate~ acces~ threuqh the Property betw=en Midlcthian Turnpike and Koger Center Boulevard shall be permitted. Vehicular traffic movemnntz throug~ the Property shall not be prohibited er restricted except for purposes related to the protection cf the safety end general welfare of the publio~ Prior to any action taken to ~astrict or prohibit traffic movement ~etwesn the aforementisned roadways, ~uch action shall be reviewed and approved by the Planning Department. All other access(es) to Kcger Center Boulevard shall be designed and constructed ~o provide access to sarvic~ and delivery area~ e×¢lusively and such aocess(e~) and associated driveway(s) shall not allow vehiCUlar movements between service and delivery areas and the principal parking areas on the ~uperty. The owner h~reby reserves %he right to close off any portion of the access road for such reasonable period of time sa (i) may be reasonably necessary to construct improvement~ thereon, and (ii) as may be legally necessary to prevent the acquisition of prescriptive rights by others, not to exceed ~4 hours in any 12 month period. 9. Any f~cilitles required fur water quantity or quality e~ntroI shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual snha~cement~ to and amenities for uses developed on the Property. At the time of site plan review, a plan depictinq these requirements shall be submitted to the Planning Department for review and approval. 10. The unenforceability, elimination, revision or a~endment of any proffer set forth herein, in whole or in part, ~hall not affect the validity ur enforceability of the other proffers or the unaffected ~art cf any ~u~h proffer. In Midloth%an Magisterial Distrlct~ ~AY TRONFIELD r~q~s~s rezoning and amendment of zoning district ~ap from A~ricultural (A) to Corpsrate Office (0-2]. The density of such ammnd~ent will be controlled by zoning conditions or ordinance ~tandards. The Compreh~nslve Plan suggests the property is appropriate for qeneral commercial use. Thi~ request lies on 0.~ acres known as 8500 Midlothian Turnpike. GrIN 757-705-3156 (Sheet 8). that the Planning Co~mlsslon and staff recommend approYal and applicant, was pmesent at th~ meeting. There was brlsf 'discussion re~ativs to deferring requests in which the applicant is not present at the meeting. When asked, Mr. Jacobson stated that the applicant was present at the Planning Commission meeting. He further stated that staff has, in writing, the approval of tbs proffered conditions by the applicant. He stated that there were no controversial issues surrounding this request at the Planning ¢oim~ission meeting. Mr. George Beadles expressed concerns relative to approving cases in which the applicant has nQ~ contacted the appropriate Beard of Supervisor member er communicated with staff regarding the recommendation. He ~ta~ed that approval of this request, withont hearing fro~ the applicant, could s~t a precedence. ~e further stated that he feels there should he a future ~oer~ policy in which that= ~hould be a unanimous decision by all Board members in order tc approve requests in which the the applicant beinq Dre~ent for a request should be part of the regarding voting on r~que~t~ in which the applicant is not Mr. Daniel stated that he would not support a request in which Mr. Barber stated that he does not feel %he ~oard would deny a why the a~plicant is not present this evening, however, he will applicant to be present to accept the proffered conditions. ~r. Warren excused himself from the meeting. In Kato~a Kagis~erial District, WILLIAM ~. 0~SHIoM requested rezening and amendment of zoning district map from Ag~ieultnral (A) to Residential (R-i~)_ A ~ingl~ family residential subdivision with a minimum lot size of 18r000 square perl~itted in a Residential (R~2) District. Th= applicant has agreed to limit development to no more than ~iv~ (~) yi=lding a density of upproximately 1.67 units per acre. The Comprehensive Plan s~ggcs~s the property is appropriate for residential use of 2.2 units per acre or /ess. Thi~ r~qu~t lies on 3.0 acres lyin~ appro×~ately 1,500 feet off the north line of West Hensley Road~ m~asur~d from a poimt approximately 700 feet east of Winterpook Road. GPIN 723-661-17~7 29). Ms. Musselman presented a s~mmary of Case ~7SN01~9 and stated that the Planning Commission rscomnends approval and acceptance o~ ~ha proffered conditions, s~e further stated that staff r~om~and~ approval ~ubject to the applicant proffering lot 6/11/97 97 441 nizes that are ~mparable to thom~ o£ the adjaoant su~ivlsion to the east and aoseDtanoe of the other proffered conditions, She noted that the request conforms to the Unper Swift C~eeR Mr. Warren ret~r~ed to ths ~eeting. Skitch Rudy, Esquire, representing the apDlioan~, ~tated that the Planning dommission'~ recommendation is acceptable. There wa~ ne opposition present. Mrs. Humphrey stated that tko residents of Summerford ~ave worked in partnership with thi~ developm~nt~ that the development is an upscale community in historio winterpook; and that ~he applisant hag assured area ~esidents that the existing covenants, remtrictions, and lot ~izes Xor %hi~ development are con$1mtant with ~ho~ thai are ou~rantty recorded in Subdivision. the Board to approve Case 97SN01g9 and accept the following proffered condition$~ 1. The public water and watt,water systems shall be used. 2. The applicant, subdivld~r, or a~i~ee(m) shall pay fcllowin~ to th~ CoUnty of Ch~mterfield, pmior to the tim~ of building permi~ application, for infras~ruetur~ improvements within the servi~ district for ~e property: a. $5,175 p~ lot~ if paid on o~ prior to Junm 30, %99~; or b. The amount approved by the Beard of Supervisors to exceed $5,17~ per lot adjusted upwar~ by any inorease in the Marshall and Swift Building Cost Inde~ between July l, 1~9~ and July 1 of the fiscal year in which the payment is made if paid mfter June 3. A maximum of 5 10ts shall ~e developed on the request property. 4. With the exception of one lot which ~ay have a ~inimum Dwelling units shall ha~e t~ following minimu~ gross (D) More than one-story - 2~500 which in~lude the provisions of ATticl¢ VII, Architectural recorded in Des~ Book XI~3, pagem 35 through 41, in the COunty, Virginia. In Matoaca Magisterial Distrlst, J, J.%'~] D~VE~O~M~NT requests rezonlng and amendment of ~oninq distri~ map from Agricultural (A) to Remidmntial (R-25). A single family applicant has agreed to limit development to no more than 24 lots, yielding a density of approximately 0.63 units per acre. The cemproheneiv~ Plan e~qgests tho property is appropriate 2or residential use on 1 - ~ acre lots. This request lles on 38.0 acres lying approximately 11200 feet off ~he SOUthern te~inu$ of Carters Creek Drive. GPIN 729-648-8462 (sheet ~s. ~usselman presented a summary of Case 97SN0210 and stated that the Planning Commission recor~ends approval and acceptanc~ of the proffered conditions, She further stated that staff recommends approval subject to the applicant proffering a and further Droff~rinq lot~ size~ that are COmparable to the average let sizes that e~i~ting Section 5 of Car%ers Mill ~ubdivi~ion and acceptance of th~ oth~r proffered conditions. ~. Lynn Hilt~ representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Munphrey, seconded by ~. Barber, the Board approved Case 97SN0210 and accepted the following proffered Vote The eubdivider~ or assignea(s} shall pay the following 2o the Coanty of Chesterfield, pri~r t~ the time of building the service district of the property: The amount approved by the Board of ~upexv£sers not to exceed $5,175 per lot adjusted upward by ~ny increase in the Marshall and ~wift Building cast index between July 1, 1~95 and July 1 of the fi~al year in which the payment iu made if paid a~%er June 30, 1996. A ma~mum Qf twenty-fear [24) 1ot~ shall be developed on the request property. County Adlalnlstrator Arthur S. Warren Chairman