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11-23-99 MinutesBOARD OF SgPERVISORS MINUTES. November 23, 1999 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Dr William Bosher, Jr. Supt., School Board Mr Craig Bryant, Dir., Utilities Mr N. E. Carmichael, Commissioner of Revenue Ms Jana Carter, Dir., Youth Services Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Rebecca Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Ms Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr Russell Harris, County Ombudsman Mr Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs Mr Louis Lassiter, Dir., Internal Audit Ms Mary Lou Lyle, Dir., Accounting Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr Paul D. Patten, Assessor Mr Glen Peterson, Dir., Community Diversion Incentive Program Hr. Francis Pitare, Dir., General Services 11/23/99 99-861 Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir. Block Grant Office Mr. Daniel called the regularly scheduled meeting to order at 3:38 p.m. He congratulated the Board members on their re- election. 1. APPROV~tL OF MINUTES FOR OCTOBER 27, 1999 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of October 27, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. }.'Nays: None. ? 2 . COUNTY ADMINISTRATOR' S COMMENTS O Mr. Ramsey introduced Mr. Glade Knight, President of the Chesterfield Stake of The Church of Jesus Christ of Latter-day Saints and President of Richmond-based Cornerstone Realty to make a presentation to the Board. Mr. Knight, accompanied by Ms. Beth Graviet, presented each Board member with a letter of appreciation for their efforts towards the FOXX Video issue and a framed proclamation in honor of "Family Week." Mr. Daniel expressed appreciation to Mr. Knight for the recognition and suggested that the proclamation be entered into the public record. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board entered the following proclamation into the record: THE FAMILY A PROCLAMATION TO THE WORLD THE FIRST PRESIDENCY AND COUNCIL OF THE TWELVE APOSTLES OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS WE, THE FIRST PRESIDENCY and the Council of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints, solemnly proclaim that marriage between a man and a woman is ordained of God and that the family is central to the Creator's plan for the eternal destiny of His children. ALL HUMAN BEINGS -- male and female -- are created in the image of God. Each is a beloved spirit son or daughter of heavenly parents, and, as such, each has a divine nature and destiny. Gender is an essential characteristic of individual premortal, mortal, and eternal identity and purpose. 99-862 IN THE PREHORTAL REALM, spirit sons and daughters knew and worshiped God as their Eternal Father and accepted His plan by which His children coulo obtain a physical body and gain earthly experience to progress toward perfection and ultimately realize his or her divine destiny as an heir of eternal life. The divine plan of happiness enables family relationships to be perpetuated beyond the grave. Sacred ordinances and covenants available in holy temples make it possible for individuals to return to the presence of God and for families to be united eternally. THE FIRST COMMANDMENT that God gave to Adam and Eve pertained to their potential for parenthood as husband and wife. We declare that God's commandment for His children to multiply and replenish the earth remains in force. We further declare that God has commanded that the sacred powers of procreation are to be employed only between man and woman, lawfully wedded as husband and wife. WE DECLARE the means by which mortal life is created to be divinely appointed. We affirm the sanctity of life and of its importance in God's eternal plan. HUSBAND AND WIFE have a solemn responsibility to love and care for each other and for their chzldren. "Children are an heritage of the Lord" (Psalms 127:3). Parents have a sacred duty to rear their children in love and righteousness, to provide for their physical and spiritual needs, to %each them to love and serve one anot~:er, to observe the commandments of God and to be law-abiding cltizens wherever they live. Husbands and wives -- mot. hers and fathers -- will be held accountable before God for the discharge of these obligations. THE FAMILY is ordained of God. Marriage between man and woman is essential to His eternal plan. Children are entitled to birth within the bonds of matrimony, and to be reared by a father and a mother who honor marital vows with complete fidelity. Happiness in ~amily life is most likely to be achieved when founded upon the teachings ef the Lord Jesus Christ. Successful marriageS~"and families are established and maintained on principles of faith, prayer, repentance, forgiveness, respect, love, compassion, work, and. wholesome recreational activities. By divine design, fathers are to preside over their families in love and righteousness and are responsible te provide the necessities ef life and protection for their families. Mothers are primarily responsible for the nurture ef their children. In these sacred responsibilities, father and mothers are obligated to help one another as equal partners. Disability, death, or ether circumstances may necessitate individual adaptation. Extended families should lend support when needed. WE WARN that individuals who violate covenants of chastity, who abuse spouse or offspring, or who fail to fulfill family responsibilities will one day stand accountable before God. Further, we warn that the disintegranion of the family will bring upon individuals, communities, and nations the calamities foretold by ancient and modern prophets. WE CALL UPON responsible citizens and officers of government everywhere to promote those measures designed to maintain and strengthen the family as the fundamental unit of society. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 11/23/99 99-863 o Mr. Ramsey introduced Mr. Gregory Wingfield, President of the Greater Richmond Partnership, to make a presentation on activities of the Partnership to the Board. Mr. Wingfield congratulated the County on its 250th Anniversary and presented a framed replica of the County's Sesquiduplecentennial billboard to Mr. Daniel. He presented an update on the activities of the Partnership and stated that the Partnership's challenge is to keep up the momentum and build on the successes of the past five years. He further stated that the Partnership is one of the best funded organizations on a per capita basis in the country. He reviewed new initiatives of the Partnership including increased involvement with telecommunications and internet cluster attraction program; increased international coverage; attraction of minority businesses; and workforce development. He expressed appreciation to the Board for their support of the Partnership. There was brief discussion relative to the number of new jobs in Chesterfield County and the necessity of workforce development for continuous improvement. Mrs. Humphrey stressed the importance of the County's investment in the Greater Richmond Partnership to ensure that job opportunities will be available in the County for students upon graduation. Mr. Ramsey introduced Ms. Sarah Gardner with Deloitte and Touche, LLP. Ms. Gardner stated that, in an unqualified opinion issued by Deloitte and Touche, no instances of noncompliance related to the County's financial statements required disclosure and there were no findings related to the Federal Award Program. Mr. Ramsey recognized Ms. Lyle and members of her staff present at the meeting and expressed appreciation for their efforts towards preparation for the audit. Ms. Gardner presented the FY99 Comprehensive Annual Financial Report to the Board. Mr. McHale stated that the financial report is evidence of good management; a very strong professional staff; and a partnership with the County's auditor. Mr. Daniel expressed appreciation to the Accounting staff and auditors for their teamwork approach to preparation of the financial report. 3. BOARD CO~ITTEE REPORTS There were no Board Committee Reports at this time. 99-864 o REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board added Item 8.C.13.f., Acceptance of Parcel of Land Adjacent to and Extending From the North Right of Way Line of Hull Street Road from The Lakes on 360, Incorporated; added Item 8.C.22., Request for Permission from Fred H. Minson, III and Sherry M. Minson to Have a Private Water Service Within a Sixty Foot County Right of Way; added Item 8.C.23., Request for Permission from Fred H. Minson, III and Sherry M. Minson for the Installation and Maintenance of a Driveway and Private Water Line Within the Wood Dale Road Extended Right of Way; added Item 8.C.24., Approval of Contract with Hanover Electric Company for Installation of New Lighting Systems at Meadowbrook High School Softball and Football/Soccer Fields; added Item 8.C.25., Appropriation of FunGs fcr Preliminary Engineering and Land Planning for the Chippenham Parkway/Midlothian Turnpike Access Plan; replaced Item 16.C., Public Hearing to Consider an Ordinance Providing for Background Checks for Certain Employees and Volunteers; and adopted the Agenda, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING MR. BENNY JESSUP, REAL ESTATE ASSESSOR'S OFFICE, UPON RETIREMENT Mr. Patten introduced Mr. Benny Jessup, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Benny D. Jessup, Residential Appraiser for the Chesterfield County Department of Real Estate Assessments, retired October 29, 1999, following thirty years of public service for Chesterfield County, Virginia; and WHEREAS, Mr. Jessup served for seven years with the Information Systems Technology Department (then known as the Data Processing Department); and WHEREAS, Mr. Jessup has for the past twenty-three years served the Department of Real Estate Assessments with dedication in the land use, mapping and appraisal divisions; and WHEREAS, Mr. Jessup was instrumental in designing the real estate department's first computer assisted mass appraisal system; and WHEREAS, Mr. Jessup has served as a member of both the Virginia Association of Assessing Officers and the International Association of Assessing Officers; and WHEREAS, Mr. Jessup has demonstrated his loyalty to Chesterfield County through his dedication, caring attitude, quality public service and professionalism. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding 11/23/99 99-865 contributions of Mr. Benny D. Jessup, expresses the appreciation of all residents for his service to the County, and extends their appreciation for his dedicated service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHF'R RESOLVED, that a copy of this resolution be presented to Mr. Jessup and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel, accompanied by Mr. Ramsey, presented the executed resolution to Mr. Jessup, accompanied by Mr. Patten, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Mr. Jessup expressed appreciation to the Board for the recognition. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. FY99 RESULTS OF OPERATIONS Ms. Dickson reviewed the County's financial results of operations for FY99 as presented by the auditing firm of Deloitte and Touche, LLP. She stated that staff estimated an ending fund balance of $28.4 million based on the Board's policy of designating 7.5 percent of general fund expenditures for fund balance. She further stated that total revenue over the budget was $3.4 million and that unspent appropriations amounted to $4.988 million. She then reviewed staff's recommendations for the uses of the addition to fund balance over the budget. She stated that the recommendation includes returning to schools $94,422 in property taxes, $470,514 in additional State sales tax, and $1.940 million in unspent appropriations for reappropriation in FY2001. She further stated that staff recommends reappropriation of $540,800 to the Police Department to address the five percent salary adjustment and for vehicles, cruisers and specialty units; $280,000 to Parks and Recreation for installation of lighting systems in older parks and capital equipment; $135,000 to Libraries for purchasing books; and $342,000 to the Fire Department to address the five percent salary adjustment and the revenue recovery study in the FY2000 budget. She reviewed other funding issues that have been requested since adoption of the budget including a Presidential Primary for the Registrar's Office in the amount of $106,000; $750,000 for opportunities related to Economic Development incentive; and $100,000 for departmental relocation in the Administration Building. She stated that the Board is being requested to set a public ~1/23/99 99-866 hearing to consider reappropriation of $2.25 million for the current year and reappropriation of $2.4 million for non- recurring items in FY2001. She then summarized the FY99 results of operations and stated that staff is projecting an undesignated fund balance through 2001 of $30.8 million. There was brief discussion relative to the recommendation for funding sufficient to address employee salary adjustments of $100 per year of service in April 2000; the fields that would have lighting replaced; County departments being relocated; and the libraries that would receive new books. Mr. Daniel requested that the Board be provided a summary of the books that will be purchased for each of the libraries. On motion of Mr. McHale, seconded by Mr. Warren, the Board set the public hearing date of December 15, 1999 to consider reappropriation of $2.254 million in FY2000; designated $1.653 million in additional revenue over the revised budget and $793,967 in unspent appropriations for use in FY2001 for non- recurring items/pay issues; and designated $94,422 in additional property tax revenue over the revised budget, $470,514 in additional State sales tax and $1.940 million in net expenditure savings for use in FY2001 on non-recurring items to be identified by the School Board. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.B. APPOINTMENTS 8.B.1. DRUG AND ALCOHOL ABUSE TASK FORCE On motion of Mr. Daniel, seconded by Mr. McHale, the Board voted to reconsider deferral of an appointment to the Drug and Alcohol Abuse Task Force. Ayes: Daniel, Warren, Barber,.~Humphrey and McHale. Nays: None. On motion of Mr. Barber, seconded by Mr. Daniel, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Drug and Alcohol Abuse Task Force, Community Criminal Justice Board and Youth Services Citizen Board. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. David Mathis, representing the Midlothian District, to serve on the Drug and Alcohol Abuse Task Force, whose term is effective immediately and will be at the pleasure of the Board. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 11/23/99 99-867 8.B.2. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. Raeford W. Walker, representing the County at-large, to serve on the Community Criminal Justice Board, whose term is effective immediately and will expire June 30, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.B.3. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed Ms. Lorraine Bedford, youth member representing the Midlothian District, to serve on the Youth Services Citizen Board, whose term is effective immediately and will expire June 30, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. SUPPORTING VIRGINIA COMMONWEALTH UNIVERSITY'S INDIGENT CARE MISSION On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors has a strong interest in the health and welfare of all our citizens; and WHEREAS, care for the indigent is a community health problem that encompasses the entire Commonwealth; and WHEREAS, Virginia Commonwealth University's (VCU's) Health System of physicians and hospitals provides health care for nearly thirty-five percent of the Commonwealth's indigent population despite significant financial pressure due to the demands of providing uncompensated indigent care; and WHEREAS, in fiscal year 1999, VCU's Health System will be reimbursed an estimated $24.1 million less than the cost of providing indigent care services to citizens across the Commonwealth; and WHEREAS, without additional funding from the state to meet their costs, VCU's patient care, teaching, and research missions will be greatly compromised. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Chesterfield, Virginia, hereby supports the indigent care mission of Virginia Commonwealth University's Health System and expresses its intent to urge the members of the General Assembly of Virginia to work together to ease the financial burden of providing uncompensated care. 99-868 11/23/99 AND, BE IT FURTHER RESOLVED, that the County Administrator transmit copies of this resolution to the Governor and members of the General Assembly representing Chesterfield County, in order that they may be apprised of the sense of the Chesterfield County Board of Supervisors in this matter. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.l.b. RECOGNIZING MARY KRAMER FOR CONTRIBUTIONS TO PROTECTING THE SWIFT CREEK RESERVOIR WHEREAS, the Chesterfield County Board of Supervisors wishes to recognize County citizens who undertake outstanding efforts for the betterment of their community; and WHEREAS, Mrs. Mary J. Kramer, a resident of the Harbour Pointe community, has volunteered a significant amount of time, effort, energy and technical expertise in the pursuit of the maintenance of high quality water in the Swift Creek Reservoir as well as other critical waters of Chesterfield County; and WHEREAS, Mrs. Kramer, a retired physicist with approximately 25 years of experience in government, research and college teaching, and a mother of six children, brings to the County a significant amount of understanding of highly technical information and a genuine concern for the quality of life in the County as well as empathy for the concerns of her fellow Chesterfield citizens; and WHEREAS, Mrs. Kramer has dedicated the past seven years of her life studying water quality and reservoir issues including the review of numerous technical papers, computer models and other informational material to gain a true understanding of how Swift Creek Reservoir functions; how it is affected by growth; and what measures are needed to protect the reservoir from becoming degraded; and WHEREAS, Mrs. Kramer h~s undertaken research into more innovative sampling methods for Swift Creek Reservoir; and WHEREAS, Mrs. Kramer has done an exhaustive study of the design and effectiveness of retention and detention ponds which, from time to time, has included visiting the ponds during rainfall events to obtain samples of the water being discharged from them; and WHEREAS, Mrs. Kramer has made significant contributions both in time and research to the County's Watershed Management Committee; and WHEREAS, all of the above cited efforts have contributed significantly to the County's ability to develop programs which will serve to protect the Swift Creek Reservoir. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes and commends the outstanding contributions and endeavors of Mrs. Mary J. Kramer in the pursuit of maintaining excellent water quality and promoting a superior quality of life in Chesterfield County. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 11/23/99 99-869 8.C.2. APPROPRIATION OF FUNDS FOR THE ROUTE 10/ENON CHURCH ROAD AND ROUTE 10/ALLIED ROAD INTERSECTION IMPROVEMENT PROJECTS On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $480,000 in anticipated Virginia Department of Transportation (VDOT) reimbursements for the design/right-of- way acquisition/construction of the Route 10/Enon Church Road Intersection Improvement Project; appropriated $480,000 in anticipated VDOT reimbursements for the design/right-of-way/ construction of the Route 10/Allied Road Intersection Improvement Project; and authorized the County Administrator to execute the necessary VDOT/County design/right-of-way/ construction agreements, acceptable to the County Attorney, for the Route 10/Enon Church Road and the Route 10/Allied Road Intersection Improvement Projects. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. ~ 8 .C. 3. APPROVAL OF CHANGE ORDERS 8.C.3.a. FOR ADDITIONAL SOILS WORK AT THE NEW RADIO SYSTEM TOWER SITES On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a change order to the construction contract with Stanley Construction Company in the amount of $32,523.48 for additional soils work at the new radio system tower sites. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.3.b. FOR THE DESIGN OF THE NEW JUVENILE DETENTION CENTER On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a change order to the design contract with Moseley Harris McClintock Architects in the amount of $27,725 for additional services for the design of the new Juvenile Detention Center. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.4. APPROVAL OF F¥2000 SCHOOL BOARD FIRST QUARTER OPERATING FUND APPROPRIATION CHANGES On motion of Mr. McHale, seconded by Mr. Barber, the Board decreased Instruction category by $1,552,751; and increased Administration/Attendance and Health category by $396,478, Pupil Transportation by $463,214, and Operations and Maintenance by $693,059 as indicated in the first quarter review of the FY2000 School Operating Fund. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-870 11/23/99 8.C.5. APPROVAL OF CHANGE ORDER FOR THE EMERGENCY COMMUNICATIONS SYSTEM AND SET DATE FOR PUBLIC HEARING On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to approve a change order to the Motorola contract number 0437:43178.1 in the amount of $796,787 for expansion of the microwave loop for the emergency communications system by adding a site in Colonial Heights, modifying the microwave link to Henrico and incorporating changes in the mode of transmission of data at the government complex; and set a public hearing date of December 15, 1999 to consider the appropriation of funds in an amount up to $675,000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C. 6. STREET NAME CHANGES 8 .C. 6.a. RENAMING OWLS HOLLOW TO GANESH LANE On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the renaming of Owls Hollow to Ganesh Lane. (It is noted a copy of the parcel map is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.6.b. RENAMING A PORTION OF NASH ROAD TO NABOR WAY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the renaming of a portion of Nash Road, from its intersection with Beach Road south approximately four hundred fifty feet, to Nabor Way. (It is noted a copy of the parcel map is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.7. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. 11/23/99 99-871 AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chan.qe to the Secondary System of State Hi,qhways: Addition Basis for Change: Statutory Reference: Project: Addition, New subdivision street §33.1-229 Ashley Forest, Section A Alderwood Turn, State Route Number: 4594 From: 0.03 mi S To: Alderwood Way, 0.04 mi W of Pine Vista Ln, a distance of 0.03 miles. Right-of-way record was filed on 10/16/97 in the Clerk To The Circuit Court in Plat Book 95, Page 88 & 89, with a width of 40' Alderwood Way, State Route Number: 4595 From: Pine Vista Ln, 0.07 mi S of Wellspring Drive To: End of road, 0.03 mi E, a distance of 0.03 miles. Right-of-way record was filed on 10/16/97 in the Clerk To The Circuit Court in Plat Book 95, Pages 88 & 89, with a width of 44' Alderwood Way, State Route Number: 4595 From: 0.04 mi W of Pine Vista Lane To: Pine Vista Ln, a distance of 0.04 miles. Right-of-way record was filed on 10/16/97 in the Clerk To The Circuit Court in Plat Book 95, Pages 88 & 89, with a width of 44' Alderwood Way, State Route Number: 4595 From: 0.06 mi W of Pine Vista Ln To: Alderwood Turn, 0.02 mi E, a distance of 0.02 miles. Right-of-way record was filed on 10/16/97 in the Clerk To The Circuit Court in Plat Book 95, Pages 88 & 89, with a width of 44' Pine Vista Lane, State Route Number: 4596 From: 0.07 mi S To: Wellspring Dr. 0.10 mi E of Rt. 144, a distance of 0.07 miles. Right-of-way record was filed on 10/16/97 in the Clerk To The Circuit Court in Plat Book 95, Pages 88 & 89, with a width of 44' Pine Knoll Court, State Route Number: 4597 From: 0.08 mi E of Pine Knoll Way To: Pine Knoll Way, 0.03 mi N of Wellspring Dr, a distance of 0.08 miles. Right-of-way record was filed on 10/16/97 in the Clerk To The Circuit Court in Plat Book 95, Pages 88 & 89, with a width of 40' Pine Knoll Way, State Route Number: 4598 From: 0.05 mi N of Wellspring Dr To: Pine Knoll Ct., 0.03 mi N of Wellspring Dri, a distance of 0.02 miles. Right-of-way record was filed on 10/16/97 in the Clerk To The Circuit Court in Plat Book 95, Page 88 & 89, with a width of 40' Wellspring Drive, State Route Number: 4599 From: 0.15 mi E of Rt. 144 To: Pine Knoll Way, 0.10 mi E Rt. 144, a distance of 0.04 miles. Right-of-way record was filed on 10/16/97 in the Clerk To The Circuit Court in Plat Book 95, Pages 88 & 89, with a width of 90' Wellspring Drive, State Route Number: 4599 From: Rt. 144, 0.40 mi s of Rt. 706 To: 0.10 mi E of Rt. 144, a distance of 0.1 miles. Right-of-way record was filed on 10/16/97 in the Clerk To The Circuit Court in Plat Book 95, Pages 88 & 89, with a width of 90' Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-872 11/23/99 On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chan.qe to the Secondary System of State Hiqhways: Basis for Change: Addition, New subdivision street Statutory Reference: {}33.1-229 Project: Carter's Run, Section 2 Addition · Meadowood Court, State Route Number: 3828 From: 0.04 mi N of Rt. 2091, Meadowood Ln To: Rt. 2091Meadowood Ln, 0.30 miles NE of Rt. 2052, a distance of 0.04 miles. Right-of-way record was filed on 7/15/94 in the Clerk To The Circuit Court in Plat Book 84, Page 90, with a width of 50' · Meadowood Place, State Route Number: 3827 From: 0.04 mi N of Rt. 2091, Meadowood Ln To: Rt. 2091Meadowood Ln, 0.24 mi NE of Hollyberry Dr, a distance of 0.04 miles. Right-of-way record was filed on 7/15/94 in the Clerk To The Circuit Court in Plat Book 84, Page 90, with a width of 50' · Meadowood Lane, State Route Number: 2091 From: Exist Rt. 2091, Meadowood Ln To: 0.10 mi N of Meadowood PI, a distance of 0.07 miles. Right-of-way record was filed on 7/15/94 in the Clerk To The Circuit Court in Plat Book 84, Page 90, with a width of 50' Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street 11/23/99 99-873 described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virqinia, and the.Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chanqe to the Secondary System of State HiRhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Meadow Oaks, Section G · Silver Oak Court, State Route Number: 4245 From: 0.13 mi W of Silver Oak Lane To: Rt. 4245, 0.03 mi W of Silver Oak Ln, a distance of 0.13 miles. Right-of-way record was filed on 8/11/93 in the Clerk To The Circuit Court in Plat Book 81, Page 80, with a width of 50' Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.8. AUTHORIZATION FOR THE DEPARTMENT OF THE COMMONWEALTH ATTORNEY TO APPLY TO THE DEPARTMENT OF CRIMIN;tL JUSTICE SERVICES FOR A DOMESTIC VIOLENCE AGAINST WOMEN GRANT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Commonwealth Attorney to apply for continuation of a Department of Criminal Justice Services (DCJS) grant to provide funding for a VSTOP/Domestic Violence Against Women Prosecutor position and appropriate revenue and expenditures if received, not to exceed $66,268. (It is noted an in-kind local match in the amount of $19,027 is provided through existing part-time administrative support staff.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.9. APPROVAL OF CONTRACT WITH HANOVER ELECTRIC COMPANY FOR INSTALLATION OF REPLACEMENT LIGHTING SYSTEMS AT ROCKWOOD, HARROWGATE, MATOACAAND GOYNE PARKS On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a contract with Hanover Electric Company in the amount of $239,000 for the replacement of six baseball and softball athletic lighting systems at Rockwood (three fields), Harrowgate, Matoaca and Goyne Parks. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-874 11/23/99 8.C.11. SET DATE FOR PUBLIC HEARINGS 8.C. l l.a. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE CHESTER WATER TANK On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of December 15, 1999 at 7:00 p.m. for a public hearing te censider the leasing of Ceunty preperty at the Chester Water Tank te Alltel Communicatiens, Incerperated. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.ll.b. FOR FY2001 ENHANCEMENT PROJECTS On motion of Mr. HcHale, seconded by Mr. Barber, the Board set the date of December 15, 1999 at 7:00 p.m. for a public hearing to consider FY2001 Enhancement Projects. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.11.c. TO CONSIDER THE TAX EXEMPTION REQUESTS OF THE CHESTERFIELD KIWANIS FOUNDATION, INCORPORATED On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of December 15, 1999 at 7:00 p.m. for a public hearing to consider the tax exemption request of the Chesterfield Kiwanis Foundation, Incorporated. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.12. APPROVAL OF FY2000 BUDGET REVISION FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $40,000 in additional State revenue to the Community Services Board for the implementation of a statewide performance and outcome measurement system and established an additional 29 full-time positions in the Department of Mental Health, Mental Retardation and Substance Abuse. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.13. ACCEPTANCE OF PARCELS OF LAND 8.C.13.a. ALONG THE WEST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY AND THE EAST RIGHT OF WAY LINE OF TAW STREET FROM FRIDLEYS WELDING SERVICE, INCORPORATED (0 . 115 ACRES/0 . 029 ACRES) On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of two parcels of land -- one containing 0.115 acres along the west right of way line of Jefferson Davis Highway (U.S. Route 1 and 301) and one containing 0.029 acres along the east right of way line of Taw Street (State Route 1476) from Fridleys Welding Service, Incorporated and 11/23/99 99-875 authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.13.b. ALONG THE WEST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY AND THE EAST RIGHT OF WAY LINE OF TAW STREET FROM FRIDLEYS WELDING SERVICE, INCORPORATED (0. 023 ACRES/0 . 006 ACRES) On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of two parcels of land -- one containing 0.023 acres along the west right of way line of Jefferson Davis Highway (U.S. Route 1 and 301) and one containing 0.006 acres along the east right of way line of Taw Street (State Route 1476) from Fridleys Welding Service, Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.13.c. ALONG THE EAST RIGHT OF WAY LINE OF WINTERPOCK ROAD AND THE WEST RIGHT OF WAY LINE OF BETHIA ROAD FROM THE MOST REVEREND WALTER F. SULLIVAN, BISHOP OF THE CATHOLIC DIOCESE OF RICHMOND, VIRGINIA On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of two parcels of land -- one containing 0.394 acres along the east right of way line of Winterpock Road (State Route 621) and one containing 0.314 acres along the west right of way line of Bethia Road (State Route 661) from The Most Reverend Walter F. Sullivan, Bishop of the Catholic Diocese of Richmond, Virginia and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.13.d. ALONG THE EASTERN RIGHT OF WAY LINE OF HICKS ROAD FROM HERBERT H. AND RUTH S. GOINS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.034 acres along the eastern right of way line of Hicks Road (State Route 647) from Herbert H. and Ruth S. Goins and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-876 11/23/99 8.C.13.e. ADJACENT TO THE SOUTH RIGHT OF WAY LINE OF WEST HUNDRED ROAD FROM W. ALAN COLE, SHIRLEY M. COLE AND CHARLES W. CLUBB On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.007 acres adjacent to the south right of way line of West Hundred Road (State Route 10) from W. Alan Cole, Shirley M. Cole and Charles W. Clubb and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.13.f. ADJACENT TO AND EXTENDING FROM THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM THE LAKES ON 360, INCORPORATED On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.851 acres adjacent to and extending from the north right of way line of Hull Street Road (U.S. Route 360) from The Lakes on 360, Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.14. REQUEST FOR PERMISSION FROM TRINITY UNITED METHODIST CHURCH FOR A SIGN TO ENCROACH WITHIN A TWENTY FOOT SANITARY SEWER EASEMENT AND FOR AN UNDERGROUND POWER LINE TO CROSS A FIFTEEN FOOT WATER EASEMENT AND A TWENTY FOOT SANITARY SEWER EASEMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Trinity United Methodist Church for a sign to encroach within a twenty foot sanitary sewer easement and for a underground power line to cross a fifteen foot water easement and a twenty foot sanitary sewer easement, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.15. APPROVAL OF REQUEST TO QUITCLAIM A PORTION OF A SWM/BMP EASEMENT ACROSS PROPERTY OF WESTCHESTER, L.L.C. AND WILLIAM B. AND GENE H. DUVAL On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate a portion of a SWM/BMP easement across property of Westchester, L.L.C. and William B. and Gene H. DuVal. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-877 8.C.16. APPROVAL OF A UTILITY CONTRACT FOR 3817 STEBBINS STREET WATERLINE EXTENSION AND SEWER LATERAL On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following Utility Contract for 3817 Stebbins Street Waterline Extension and Sewer Lateral - Contract Number 99-0109, which includes 197 L.F. of six inch offsite water lines: Developer: T. H. Butt Corporation Contractor: Bookman Construction Company Contract Amount: Estimated Total - Total Estimated County Cost: Water (Offsite) Estimated Developer Cost Code: (Refund thru connections - Offsite) District: Bermuda $16,010.00 $1,425.60 $14,584.40 (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.17. DECLARATION OF WETLAND PRESERVATION EASEMENT ON COUNTY PROPERTY On motion of Mr. McHale, seconded by Mr. Barber, the Board designated a wetland preservation easement on County property and authorized the County Administrator to execute the necessary Declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.18. CONVEYANCE OF EASEMENTS 8.C.18.a. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUND POWER FOR SERVICE TO THE NEW JUVENILE AND DOMESTIC RELATIONS COURT ~UILDING On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install an underground power line to provide service to the new Juvenile and Domestic Relations Court Building. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.18.b. TO SOUTHSIDE ELRCTRIC COOPERATIVE FOR INSTALLATION OF UNDERGROUND POWER TO SERVE THE UNION BRANCH EMERGENCY COMMUNICATIONS TOWER On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the 99-878 11/23/99 County Administrator to execute an easement agreement with Southside Electric Cooperative to install an underground power line to provide service to the Union Branch Emergency Communications Tower. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.19. ADOPTION OF AN ORDINANCE ON AN EMERGENCY BASIS RELATING TO REAL ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED AND SET DATE FOR PUBLIC HEARING On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance on an emergency basis: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 9-27(C) RELATING TO REAL ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-27 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted by adding subsection (c) to read as follows: Sec. 9-27. Procedure for claiming exemption. (a) Anyone claiming an exemption shall file annually with the commissioner of the revenue, on forms to be supplied by the county, an affidavit or written statement setting forth all information required by Code of Virginia, ~ 58.1-3213, and all other information required by the commissioner of the revenue to determine qualification for the exemption. The commissioner of the revenue may also make further inquiry of persons seeking the exemption, as may be reasonably necessary, including requiring answers under oath, and production of certified tax returns to determine qualification for the exemption. The affidavit or written statement shall be filed not later than April 1 of each year, but the application may be filed as late as December 31 of each year by first-time applicants or in cases of hardship as determined by the commissioner. If a person claiming an exemption is under 65 years of age, the application must include either (i) a certification by the Social Security Administration, the Veterans' Administration or the Railroad Retirement Board, or (ii) if such person is not eligible for certification by any of these agencies, a sworn affidavit by two medical doctors licensed to practice medicine in the commonwealth, stating that such person is permanently and totally disabled. The affidavit of at least one of the doctors must be based upon the doctor's physical examination of the person. The affidavit of one of the doctors may be based upon medical information that is relevant to the standards for determining permanent and total disability that is contained in the records of the civil service commissioner. (b) The exemption may be granted for any year following the date that the applicant reached the age of 65 years. A change in income, financial worth, ownership of property or other factors' occurring during the tax year for which an affidavit or written statement is filed which causes the applicant to exceed or violate the limitations or conditions 11/23/99 99-879 shall void any exemption for the following tax year. The exemption for the tax year during which the change occurred shall be prorated, with the prorated portion determined by multiplying the exemption amount by the product of the number of complete months of the year such property was properly eligible for such exemption divided by 12. (c) If a person who has been granted an exemption for a tax year, sells his sole residence and purchases another sole residence, that person will have the exemption applied to the purchased residence for the prorated portion of the tax year during which he owns the purchased residence, calculated in the same manner as provided in (b) above, but only if the person otherwise continues to qualify in all respects under the provisions of this division. (2) That this ordinance immediately upon adoption. shall become effective And, further, the Board set the public hearing date of December 15, 1999 at 7:00 p.m. to consider readeption ef an ordinance te amend the Cede ef the County ef Chesterfield, 1997, as amended, by adding Section 9-27(C) relating te real estate tax relief for the and disabled. elderly Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.20. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.20.a. FROM MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD FOR PURCHASE kND INSTALLATION OF AN OUTSIDE MESSAGE BOARD AT MATOACA MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $2,000 from the Matoaca District Improvement Fund to the School Board for purchasing and installing a message board at Matoaca Middle School. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.20.b. FROM DALE DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD FOR PURCHASING AMEDICAL CART FOR MEADOW-BROOK HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $2,000 from the Dale District Improvement Fund to the School Board for purchasing a medical cart for use at Meadowbrook High School. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.21. AUTHORIZATION TO AID BAYHILL DEVELOPMENT CORPORATION IN THE ACQUISITION OF AN OFF-SITE SEWER EASF/~ENT FOR BAYHILL POINTE On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Right of Way staff to aid Bayhill 99-880 Development Corporation in the acquisition of a twenty foot sewer and adjacent temporary construction easements across the property of Bonnie C. and Paul F. Shupe, subject to the execution of a contract agreeing to pay for all costs. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C .22. REQUEST FOR PERMISSION FROM FRED H. MINSON, III AND SHERRY M. MINSON FOR INSTALLATION OF A PRIVATE WATER SERVICE WITHIN A SIXTY FOOT COUNTY RIGHT OF WAY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Fred H. Minson, III and Sherry M. Minson to install a private water service within a sixty foot County right of way known as Wood Dale Road extended to serve a new residence at 3214 Wood Dale Road. <It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .C.23. REQUEST FOR PERMISSION FROM FRED H MINSON, III AND SHERRY M. MINSON FOR INSTALLATION AND MAINTENANCE OF A DRIVEWAY AND PRIVATE WATER LINE WITHIN THE WOOD DALE ROAD EXTENDED RIGHT OF WAY After brief discussion, on motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Fred H. Minson, III and Sherry M. Minson to install and maintain a driveway and private water line within the Wood Dale Road Extended Right of Way. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.24. APPROVAL OF CONTRACT WITH HANOVER ELRCTRIC COMPANY FOR INSTALLATION OF NEW LIGHTING SYSTEMS AT MEADOW-BROOK HIGH SCHOOL SOFTBALL AND FOOTBALL/SOCCER FIELDS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a contract with Hanover Electric Company in the amount of $111,000 for installation of new lighting systems for one softball field and one football/soccer field at Meadowbrook High School. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.C.25. APPROPRIATION OF FUNDS FOR PRELIMINARY ENGINm~RING AND LAND PLANNING FOR THE CHIPPENHAM PARKWAY/ MIDLOTHIAN TURNPIKE ACCESS PLAN On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated up to an additional $42,500 for preliminary 11/23/99 99-881 engineering and land use planning for the Chippenham Parkway/Midlothian Turnpike access plan; approved the transfer from the non-departmental category; and authorized the County Administrator to enter into agreements for the completion of the plan. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. The following item was pulled for discussion: 8.C.10. TRANSFER OF FUNDS FROM THE IMPROVEMENTS AT NEW SCHOOLS CAPITAL PROJECT FOR IRON BRIDGE PARK IMPROVEMENTS After brief discussion, on motion of Mr. Daniel, seconded by Mr. Barber, the Board deferred the transfer of funds from the Improvements at New Schools capital project to the Iron Bridge Park project for completion of Phase IV of the project until January 12, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or Claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the following reports: A report on Developer Water and Sewer Contracts; and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITIONS LENGTH ASHBROOK PARKWAY - (Effective 10/29/99) Ashbrook Parkway (Route 5196) - From 0.13 Mile Southeast Route 5790 to Route 5790 0.13 Mi PAGET - (Effective 10/26/99) St. Croix Place (Route 4074) - From 0.09 Mile Southwest Route 4075 to Route 4075 0.09 Mi St. Thomas Court (Route 4076 - From 0.06 Mile Southwest Route 4075 to Route 4075 0.06 Mi St. Thomas Drive (Route 4075 - From Route 3970 to 0.19 Mile Northeast Route 3970 0.19 Mi 99-882 11/23/99 SYCAMORE VILLAGE, SECTION A - (Effective 10/29/99) Sycamore Village Drive (Route 4671) - From Route 754 to 0.18 Mile Northeast Route 754 Sycamore Village Terrace (Route 4672) - From Route 4671 to 0.05 Mile North Route 4671 Village Ridge Drive (Route 4673) - From Route 4671 to 0.17 Mile Northeast Route 4671 Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 0.18 Mi 0.05 Mi 0.17 Mi 11. DINNER On motion of Mr. McHale, seconded to Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for a dinner meeting with members of the County's Legislative Delegation. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Reconvening: Mr. Daniel called the meeting with the members of the Legislative Delegation to order. He congratulated the members of the General Assembly on their re-election. Mr. Ramsey welcomed the members of the legislative delegation. He presented an overview of the State of the County including accomplishments in the County's quality efforts; financial strengths; and the 250th Anniversary Celebration. He reviewed population trends and stated that priorities of County services will change in 2020 when the over 65 population is projected to double. He then reviewed average daily membership in the County's school system and noted that the County has the lowest total cost per pupil. He reviewed growth in building permits and stated that the increase in the number of multi-family building permits could have an impact on service delivery. He then reviewed the use of new State funds including continuation of police officers funded by expiring federal grants and construction/renovation of schools. There was brief discussion relative to the school construction/ renovation projects funded by new State funds. Dr. Bosher explained how the lottery profits funding for schools was used. Mr. Ramsey stated that additional State funding significantly helped the County address issues in the last budget cycle. He then continued to present an update of issues including distribution of use tax revenues. There was brief discussion relative to possible, solutions for more equitable distribution of use tax revenues. Mr. Ramsey reviewed current issues relative to the State fiscal stress index and stated that the current formula penalizes efficient localities. 99-883 Ms. Curtin highlighted ongoing State budget issues including funding for education, transportation and changes to the operating and capital reimbursement formulas for the Juvenile Detention Home; the E9-1-1 user fee revenues; and concerns with the State and Local Tax Structure Commission. There was brief discussion relative to taxation of mail order and internet sales and to the importance of the elimination of tolls on Powhite Parkway as a transportation funding issue. Mr. Ramsey then introduced Michael Allen, Esquire, Chairman of the Community Criminal Justice Board to make a presentation relative to the Drug Court legislative request. Mr. Allen presented a video which introduced the concept of a Drug Court. He reviewed the increase in the number of drug arrests in the past five years and the philosophy behind the Drug Court. He then reviewed key elements of Drug Court including eligibility being limited to non-violent drug addicts; clients must plead guilty prior to entering Drug Court; clients remain in Drug Court for a minimum of twelve months; clients appear frequently in court; non-compliant behavior being immediately sanctioned; and clients failing to complete the program being convicted. He reviewed the planning team for the design of the Drug Court model. He then reviewed recidivism results in both Chesterfield and Colonial Heights and stated that 111 cases in the County would have been eligible for Drug Court in 1997. He further stated that, after tracking the 111 cases, 56 percent of the individuals in the County returned with a new arrest or conviction within 15 to 27 months after sentencing. He reviewed benefits and costs of drug court and stated that 69 percent of the offenders convicted were sentenced to a period of active incarceration for about six months. He further stated that the cost of incarceration is $37.00 per day and the cost of Drug Court is $10.95 per day. He stated that the County has received a Planning Grant from the Justice Department and is requesting a Budget Amendment of $125,000 from the General Assembly to provide matching funds for a Federal Drug Court Implementation Grant. There was brief discussion relative to the request for a fifth judge for the Twelfth District and the percentage of cases that would be transferred to Drug Court. When asked, Judge T. J. Hauler stated that the Drug Court program is not designed at this time to accommodate juveniles. Discussion, questions and comments ensued relative to the request for matching funds; implementation of Drug Courts in the State for juveniles; which locality would realize the cost savings of Drug Court versus incarceration; and the possibility of juveniles being transferred as adults to Drug Court. Mrs. Humphrey stated that she would be willing to meet with the Planning Committee to further discuss the Drug Court issue. Senator Steve Martin stated that he has been a member of various Mental Health study committee groups and, as chairman of the Substance Abuse subcommittee, expansion of Drug Court usage was recommended across the State. He further stated that he plans to submit the budget amendment to provide State matching funds for the Federal Drug Court Implementation Grant. 11/23/99 99-884 Senator John Watkins requested that Mr. Stegmaier prepare information relative to the utility tax for gas and the County's portion of the gross receipts tax. Delegate Kirk Cox requested the Board's support of the naming of the Vietnam Memorial Veterans Bridge on 1-895. Delegate R. Lee Ware, Jr. stated that he has drafted legislation regarding elimination of tolls and would consider any proposals that the Board might have on the issue. It was generally agreed to recess to the Public Meeting Room to continue the regularly scheduled meeting. Reconvening: 12. INVOCAT I ON Reverend Elton Cooke, Pastor of Fellowship Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Benjamin Hugo, together with Boy Scout Troop 806, led the Pledge of Allegiance to the Flag of the United States of America. Mr. Daniel made a motion, seconded by Mr. Barber, for the Board to suspend its rules to add Item 13.A., Set Date for Public Hearing to Consider an Ordinance to Amend the Code of the County of Chesterfield to Authorize Removal or Repair of Defaced Structures and Item 13.B., Review of Ordinance Relative to Blighted Properties. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 13.A. SET DATE FOR PUBLIC HEARING TO CONSIDERAN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD TO AUTHORIZE REMOVAL OR REPAIR OF DEFACED STRUCTURES After brief discussion, Mr. Barber made a motion, seconded by Mr. McHale, for the Board to set the date of December 15, 1999 at 7:00 p.m. for a public hearing to consider an amendment to the Code of the County of Chesterfield to authorize the removal or repair of defaced structures. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 13.B. REVIEW OF ORDINANCE RELATIVE TO BLIGHTED PROPERTIES On motion of Mr. Daniel, seconded by Mr. Warren, the Board directed the County Administrator to review and research Henrico County's proposal relative to blighted properties and 11/23/99 99-885 make recommendations to the Board for consideration at the earliest possible date. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 14.1. TIMOTHY SANDERS GRIFFIN, MIDLOTHIAN DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in ~ a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Timothy Sanders Griffin, Troop 879, sponsored by Saint Mark's United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Tim is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Timothy Sanders Griffin and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution and patch to Mr. Griffin, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 14.2. HUNTER BRYCE SEXTON, MIDLOTHIAN DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and 11/23/99 99-886 WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Hunter Bryce Sexton, Troop 879, sponsored by Saint Mark's United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Hunter is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Hunter Bryce Sexton and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution and patch to Mr. Sexton, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 14.3. DREW DAVID SARRETT, MIDLOTHIAN DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Drew David Sarrett, Troop 869, sponsored by Salisbury Presbyterian Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Drew is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations 11/23/99 99-887 to Mr. Drew David Sarrett and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution and patch to Mr. Sarrett, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 14.4. BENJAMIN CARL HUGO, MIDLOTHIAN DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Benjamin Carl Hugo, Troop 864, sponsored by The Church of Jesus Christ of Latter Day Saints, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Ben is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Benjamin Carl Hugo and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution and patch to Mr. Hugo, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 99-888 11/23/99 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 OOSNOllO In Bermuda Magisterial District, SUZANNE AND SON LLC requested Conditional Use and amendment of zoning district map to permit a child care center in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood transition use. This request lies on 3.0 acres known as 13701 Harrowgate Road. Tax ID 791-645-3016 (Sheet 34). Mr. Jacobson stated that the applicant has requested that the case be remanded to the Planning Commission. Ms. Suzanne Wittersheim requested a remand to the Planning Commission. There was no one present to speak to the remand. On motion of Mr. McHale, seconded by Mr. Warren, the Board remanded Case 00SN0110 to the Planning Commission. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0164 In Bermuda Magisterial District, FRIDLEY'S WELDING SERVICE requested rezoning and amendment of zoning district map from Community Business (C-3) to General Business (C-5). Expansion of a welding service is planned. However, with approval of this request, other C-5 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 0.7 acre fronting approximately 100 feet on the west line of Jefferson Davis Highway, approximately 50 feet south of Gayland Avenue. Tax ID 791-677-3297, 3392 and 4695 (Sheet 23). Mr. Jacobson stated that Mr. McHale has requested a deferral to January 26, 2000. Mr. Dean Hawkins, representing the applicant, requested a deferral to January 26, 2000. After brief discussion, on motion of Mr. McHale, seconded by Mr. Barber, the Board deferred Case 99SN0164 to January 26, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 11/23/99 99-889 99SN0287 In Midlothian Magisterial District, STONEHENGE COMMONS LLC requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15). Residential use of up to 2.90 units per acre is permitted in a Residential {R-15) District. The Comprehensive Plan suggests the property is appropriate for planned transition. This request lies on 5.0 acres lying at the southern terminus of Blakeston Court and the northern terminus of Rothbury Drive. Tax ID 737-706-9292 (Sheet 6). Mr. Jacobson presented a summary of Case 99SN0287 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Midlothian Area Community Plan. Mr. Mark Anderson, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0287 and accepted the following proffered conditions: The minimum gross floor area for dwellings shall be 2,500 square feet. /BI) o Development shall be limited to a maximum of five (5) lots. (P) 3. The minimum lot size shall be 25,000 square feet. (P) Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) The applicant, subdivider, or assignee shall pay the following to the County of Chesterfield prior to the issuance of building permit for the infrastructure improvements within the service district for the property. The amount approved by the Board of Supervisors not to exceed $6,200.00 per dwelling unit adjusted upward by an increase in the Marshall and Swift Building Cost Index between July 1, 1999 and July 1 of the fiscal year in which the payment is made. At the time of payment, the amount proffered will be allocated pro-rata among the facility costs as calculated annually by the County Budget and Management Department. In the event the cash payment is not used for the purpose for which proffered within fifteen (15} years of receipt, cash shall be returned in full to the payer. (B&M) 6. No dryvit siding shall be permitted. (P) o All dwellings shall have a minimum of a two-car, attached garage. There shall be no front-entry garages or more specifically, garage doors shall be positioned so as not 11/23/99 99-890 o 10. 12. 13. 14. 15. to have an orientation generally toward the street. (P) Each dwelling shall have a paved driveway from the street to the garage entrance. The exact pavement type may include asphalt, concrete, aggregate materials, and/or brick, concrete, or stone pavers. The exact treatment shall be approved by the Planning Department. (P) Exposed surfaces of dwelling unit foundations shall be brick veneer or stone, or poured concrete with a brick or stone pattern. (P) The minimum front yard setback for dwelling units shall be fifty (50) feet, provided, however, this minimum setback shall be increased where necessary to obtain the required lot width at the front building line. (P) (Note: Except as noted herein, all other requirements of the Residential (R-15) District shall be applicable.) The owner/developer shall notify, in writing, of the submission of subdivision plans to Chesterfield County, Mr. A1 Ventola or Mr. Charles Kramer, and Mr. Jeffrey Keegan, if they are still residents of Stonehenge, and the last known president or representative on file with the Chesterfield County Planning Department for the Stonehenge Civic Association. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the subdivision plan. The owner/developer shall provide a copy of the notification letter to the Planning Department. (P) The only access to this property shall be from Blakeston Court. (T) Cul-de-sacs shall have a minimum fifty (50) foot radius. (T) A twenty-five (25) foot tree preservation strip shall be maintained along the perimeter of the property. Except when necessary to provide access and utilities which run generally perpendicular through this strip, all trees six (6) inches in caliper or greater located within the preservation strip shall be retained except that dead, diseased or dying trees six (6) inches or greater in caliper may be removed. This tree preservation area shall be exclusive of easements. (P) Prior to, or in conjunction with, recordation of a subdivision plat, the following restrictive covenants shall be recorded, except that references to Stonehenge, Section I may be changed to reference the name of this development and the composition of the Architectural Committee may be modified, as set forth in the Restrictive Covenants, provided, however that the committee shall initially be Mark Anderson and his designee, and a resident of Stonehenge, Sections C or J and a resident of Stonehenge, Section I. Further, these restrictive covenants shall not be changed or amended without an amendment to this zoning case. RESTRICTIVE COVENANTS - STONEHENGE 1. No lot shall be used except for residential purposes. No 11/23/99 99-891 o o building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height and an attached private garage for not more than two cars. No building shall be erected, placed, or altered on any lot until the construction plans and specifications thereof and a plan showing the location thereof shall have been approved by the architectural committee hereinafter established as to quality and types of materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation. No fence or wall not constituting part of a building shall be erected, placed, or altered on any lot unless similarly approved. The approval aforesaid shall be as provided in paragraphs 9 and 10. The ground floor area of the main structure, exclusive of one-story open porches, breezeways, and garages, erected on any lot shall be not less than 1630 square feet for a one-story dwelling or less than 1200 square feet for a dwelling of more than one story. No building shall be located on any lot nearer than 50 feet to the front lot line or nearer than 25 feet to any side street line. No dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purpose of this paragraph, eaves, steps, carports, and open and/or screened porches shall not be considered as a part of a building. The building placed on corner lots shall be constructed to front on the street which has the greater building line setback unless, however, it is constructed to front on the side street in which event the building shall be constructed so as not to be nearer than 50 feet on the side street line. The architectural committee hereinafter referred to has the right and privilege to waive any violation of this restriction as to any then existing violations upon the vote of a majority of its members which waiver will be in writing directed to the owner of the lot upon which the violation occurred. Only one residence shall be erected or placed on a single lot, and no lot shall, after its original conveyance, be subdivided into smaller lots or parcels. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the plat. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as residence either temporarily or permanently. An architectural committee (herein called "Committee") is hereby established. The composition of the committee shall consist of four (4) members who initially shall be Mark Anderson and his designee, and at least one resident of Stonehenge, Section C or J, and one resident of Stonehenge, Section I. The representatives from Stonehenge, Sections C or J, and Section I shall be chosen 99-892 10. 11. 12. 13. 14. or removed by a majority of the residents of Section C or J, and Section I, respectively. Upon death or resignation of any member who represents Stonehenge, Section C, J or I, his successor shall be chosen by residents of Stonehenge, Section C, J or I, and upon death or resignation of Mark Anderson and his designee, his/their successor(s) shall be chosen by them or their estates, and such successor shall thereupon succeed to all of his powers and duties. Neither the members nor any representative shall receive compensation for acting hereunder. The Committee's approval as required above shall be in writing and, in the absence of such written approval, construction plans, specifications, and location plans shall be considered as disapproved. Approval by the committee will have been obtained only upon the affirmative vote of a majority of the members except that no member of the Committee shall vote on any matter requiring its vote under these restrictions in which he has an interest either as builder, contractor, or owner. In the event of a tie vote, a deciding vote shall be cast by the chairman of the Architectural Review Committee of the Stonehenge Civic Association. No dwelling or garage, unless it is of a colonial architectural design, shall be erected on any lot by any builder or contractor (herein called "contractor"), whether the lot be owned by the contractor or by someone else, unless the contractor shall have theretofore received the approval of the Committee and such approval shall not have been theretofore withdrawn. Any contractor shall before commencing the erection of any building in this subdivision, unless it is of a colonial architectural design, obtain the written approval of the Committee and shall to that and furnish to it such statements, information, and references as it may request. Any approval so given may be withdrawn at any time by the Committee by written notice received by the contractor, but such withdrawal shall not prevent the contractor's completing the erection of any building commenced before his receipt of such notice. Each and every covenant and condition herein imposed may be enforced by the undersigned or by the owner of any lot provided, further, a lot owner in Stonehenge, Sections C, J or I may enforce paragraphs 9, 10 and 11 above, by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and/or to recover damages therefor. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, and one sign of not more than five square feet by a builder to advertise the property during the construction and sales period. No animals, livestock, or poultry or any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept therein if they are not kept, bred, or maintained for any commercial purpose. 11/23/99 99-893 15. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. No rubbish, trash, garbage, and other waste shall be kept on any lot except in sanitary containers, and all incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 16. No individual sewage-disposal system shall be permitted on any lot unless such system is designed, located, and constructed in accordance with the requirements, standards, and recommendations of the proper state or local or public health authority. Approval of such system as installed must be obtained from such authority. 17. Invalidation of any of these covenants or conditions by court adjudication or otherwise shall in no wise modify, affect, or invalidate any of the other covenants and conditions herein contained, which shall remain in full force and effect. 18. The covenants and conditions herein contained shall run with the land and shall be binding upon the subsequent owner or owners of each and every lot and each and every other portion of the land shown on the plat and all parties claiming through or under each such owner or owners for the period of twenty-five years from the date of the recordation hereof, after which period such covenants and conditions shall be automatically extended for successive periods of ten years each, subject to such modifications or changes from time to time as may be made by instruments in writing executed and acknowledged by the then owners of a majority of all the lots, including lots in Stonehenge, Sections C, J and I and recorded in said Clerk's Office provided, however, that, should an instrument executed and acknowledged by the then owners of a majority of all the lots be recorded in said Clerk's Office prior to the expiration of the said twenty-five year period or prior to the expiration of any such ten year extension period revoking the said covenants and conditions, such revocation shall become operative at the end of the period in which such instrument was so recorded. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 00SN0123 In Clover Hill Magisterial District, MAX H. PEARSON requested rezoning and amendment of zoning district map from Residential (R-7) to Light Industrial (I-l). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 3.3 acres fronting approximately 210 feet on the west line of South Providence Road, approximately 315 feet south of Midlothian Turnpike. Tax ID 758-705-Part of 8830 (Sheet 7). Mr. Jacobson presented a summary of Case 00SN0123 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Midlothian Plan. 99-894 11/23/99 Mr. Max Pearson stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved Case 00SN0123 and accepted the following proffered conditions: Screening of loading areas for any self storage facility from adjacent properties shall be achieved through the positioning of the self storage buildings in a compound- like manner such that the walls of the buildings closest to the northern, western and southern boundary lines shall be generally parallel to such boundary lines. Further, measures shall be taken to screen loading areas from Providence Road, the exact treatment of which shall be approved by the Planning Department at time of site plan review. (P) Prior to any site plan approval, forty-five (45) feet of right-of-way on the west side of Providence Road, measured from the centerline of that part of Providence Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Providence Road shall be limited to one (1) entrance/exit, located approximately midway of the property frontage. The exact location of this access shall be approved by the Transportation Department. (T) Prior to issuance of any occupancy permit, an additional lane of pavement shall be constructed along Providence Road for the entire property frontage. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this road improvement. (T) The facades of the buildings visible from Providence Road shall be constructed predominately of red brick. No building exterior shall be constructed of unadorned concrete block or corrugated and/or sheet metal. (BI) Uses will only be open to the public between the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday; 8:00 a.m. and 9:00 p.m. on Saturday; and 9:00 a.m. and 6:00 p.m. on Sunday. (P) 7. Freestanding signs shall be of a monument style. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 00SN0125 In Hatoaca Magisterial District, MCALLISTER AND FOLTZ ARCHITECTURE requested Conditional Use and amendment of zoning district map to permit a two-family dwelling in a Residential (R-88) District. This amendment would yield a density of 0.3 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1 - 5 acre lots, suited to R-88 zoning. This request lies on 6.7 acres fronting 11/23/99 99-895 approximately 575 feet on the west line of Chesdin Landing Terrace, approximately 500 feet south of Chesdin Landing Drive. Tax ID 736-623-4840 (Sheet 39). Mr. Jacobson presented a summary of Case 00SN0125 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the Southern and Western Area Land Use Plan. Mr. Mike Foltz, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 00SN0125, subject to the following conditions: Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) Prior to the release of a building permit, a deed restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 00SN0128 In Bermuda Magisterial District, CARTER DEVELOPMENT CO., INC. requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15). Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for iow density residential use of up to 1.5 units per acre. This request lies on 14.6 acres fronting approximately 750 feet on the east line of Woods Edge Road, approximately 1050 feet south of Riggers Station Drive, also located at the terminus of Clear Creek Lane. Tax ID 806-644- 5375 (Sheet 35). Mr. Jacobson presented a summary of Case 00SN0128 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Area Land Use and Transportation Plan. Mr. Oliver Rudy, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0128 and accepted the following proffered conditions: 99-896 11/23/99 o o o o 10. Development shall be limited to a maximum of ten (10) lots. (P) The overall average lot size shall be a minimum of 41,600 square feet. (P) Access to the property shall be limited to Clear Creek Lane. There shall be no direct access from the property to Woods Edge Road. (P and T) The exposed surfaces of all dwelling unit foundations shall be faced with brick veneer. (BI) The minimum gross floor area for homes shall be as follows: One story - 2,000 square feet More than one story - 2,200 square feet (BI) The public water system shall be used. (U) The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permit for infrastructure improvements within the service district for the property: $6,200 per dwelling unit, if paid prior to July 1, 2000; or The amount approved by the Board of Supervisors not to exceed $6,200 per dwelling unit adjusted upward by an increase in the Marshall and Swift Building Cost Index between July 1, 1999, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2000. In the event the cash payment is not used for the purpose for which proffered within the 15 years of receipt, the cash shall be returned in full to the payor. (B and M) With the exception of timbering which as been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. (EE) In conjunction with recordation of the first subdivision plat, forty-five (45) feet of right-of-way on the east side of Woods Edge Road, measured from the centerline of that part of Woods Edge Road immediately adjacent to the property, shall be dedicated, free and unrestricted to and for the benefit of Chesterfield County. (T) In conjunction with the recordation of the subdivision plat, of the property the following restrictive covenants shall be recorded, provided however, that references to Walthall Creek, Section 6 may be changed to reference the name of this development, and the composition of the Architectural Control Committee may be modified. 99-897 11/23/99 RECITALS A. Declarant is the owner of certain real estate situated in Bermuda District, Chesterfield County, Virginia, as more particularly described as Section 6, Walthall Creek. B. Declarant desires to create a highly desirable residential community, to provide for the preservation and enhancement of property values, amenities and opportunities in the community, and to provide for the maintenance of the real estate and the improvements thereon, and to this end desires to subject the aforesaid real estate together with such additions as may from time to time hereafter be made thereto (as provided herein) to the covenants, and restrictions in these Declarations. C. Declarant deems it desirable for the efficient maintenance and preservations of the amenities in said community to create an entity to own, maintain and administer the community's properties and facilities, to administer and enforce the covenants and restrictions, and to promote recreation, health safety and welfare of the residents. To this end, Declarant will cause to be incorporated under the laws of the Commonwealth of Virginia a non-stock corporation under the name "Walthall Creek Homeowners Association." NOW, THEREFORE, the Declarant hereby declares that Section 6, Walthall Creek, and such additions thereto (if any) as may from time to time hereafter be made pursuant to these Declarations, are and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions (sometimes referred to collectively, as "covenants and restrictions") hereinafter set forth. ARTICLE I DEFINITIONS Section 1. "Board of Directors" shall mean and refer to the Board of Directors of the Walthall Creek Homeowners Association (Association). Section 2. "Declaration" shall mean the covenants and restrictions and all other provisions herein set forth, as the same may from time to time be amended or supplemented. Section 3. "Common Area" shall mean and refer to those areas of real estate now or hereafter conveyed to the Association or shown as "open space" or "common area" on recorded subdivision plats of the real estate subject to this Declaration, and the improvements thereon, which are intended to be devoted to the common use and enjoyment of the Members. Section 4. "Declarant" shall mean developer of the real estate subject hereto. and refer to Section 5. "Living Unit or Dwelling" shall mean and refer to any portion of a structure situated upon a lot designed and intended for use and occupancy as a residence. Section 6. "Lot" shall mean and refer to any such plot of land shown upon any recorded subdivision plat of the real estate subject hereto with the exception of the Common Area and roads. 11/23/99 99-898 -j Section 7. "Member" shall mean and refer to any member of the Association. Section 8. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 9. property. "Parcel" shall mean and refer to the Section 10. "Association" shall mean and refer to the Walthall Creek Homeowners Association, its successors and assigns. Section 11. "Supplemental Declaration" shall mean and refer to any declaration of covenants and restrictions which may be hereafter recorded by the Declarant and which extends the provisions of this Declaration to a Parcel pursuant to these Declarations. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS THERETO. Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Bermuda District, Chesterfield County, Virginia. Section 2. Additions by Declarant. As long as the Declarant owns any real property in the general area of Section 6, Walthall Creek, the Declarant may subject additional real property to the provisions of this Declaration by filing a supplement hereto in the Clerk's Office of the Circuit Court of the County of Chesterfield, Virginia. ARTICLE III Section 1. Obligations of the Association. The Association, subject to the rights of the Owners set forth in this Declaration, shall be respcasible for the management and control of the Common Area and the improvements thereon, and shall keep the same in good, clean, attractive and sanitary condition, order and repair. Section 2. Owners' and Members' Rights of Enjoyment. Subject to the provisions hereof, every Owner shall have a right of enjoyment in and to the Common Area which shall appurtenant to and shall pass with the title to every lot, and every Member shall have a right of enjoyment in the Common Area. Section 3. Title to Common Area. The Declarant intends to retain title to the common areas until completion of development at which time Declarant would contemplate a conveyance of the common areas, in fee simple to the Walthalt Creek Homeowners Association. 11/23/99 99-899 ARTICLE IV ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. There shall be an Architectural Control Committee (hereinafter called "ACC") consisting of the Declarant and/or such other persons as may from time to time be appointed by Declarant. The initial members appointed by Declarant are B. Forace Hill, Matthew Hill and Joseph R. Hill. Declarant shall have the option to transfer control of the ACC to the Association, in which event the ACC shall be appointed by the Board of Directors of the Association. Until such time as Declarant owns no land or lots in Section 6, Walthall Creek, it shall retain architectural control. Section 2. Purpose. In accordance with the provision of the Declaration and such guidelines as the Declarant may promulgate, the ACC shall regulate the design, appearance, use, location, and maintenance of the real estate covered hereby and of improvements thereon in such a manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography, and to conserve existing amenities. Section 3. Conditions. a. No building, structure, outbuilding, antennae, fence, wall, improvement, and/or addition of any nature whatsoever {except for interior alterations to existing structures not affecting the external structure or appearance of any improvement on any portion of the Property) shall be constructed on the Property unless and until the plans for such construction shall have been approved in writing by the ACC. The plans submitted to the Committee for approval shall include (i) the construction plans and specifications, and exterior colors, including but not limited to colors relating to roofing, brick, mortar, paint and siding; (ii) a plat showing the exact location of all proposed improvements; and (iii) proposed finish driveway materials according to uniform specifications established by the Declarant. No construction shall begin and no portion of the Property shall be graded except in accordance with such approved plans or modifications thereof that has also been approved by the Committee pursuant to separate application therefor. b. No plans for a living unit or dwelling shall be submitted for such approval unless the finished living area of such dwelling, exclusive of one-story open porches and garages, shall exceed 1,800 square feet. Each dwelling shall have full brick foundations, and no exposed cinder block or concrete block exterior walls or foundations will be allowed. c. No improvements, alteration, repairs, change of paint color, excavations, filling, removal of live trees, changes in grade or other work which in any way alters the exterior of any property or the improvements located thereon from its natural or improved state existing on the date such property was first conveyed in fee by the Declarant to an Owner shall be made or done without the prior approval of the ACC, except as otherwise expressly provided in this Declaration. No building, fence, wall or other structure shall be commenced, erected, improved, altered, made or done without the prior written approval of the ACC. 11/23/99 99-900 Section 4. Procedures. a. Approval by the Committee shall be based upon compliance with the provisions of this Declaration, the quality of workmanship and materials, harmony of external design with surrounding structures, location of improvements with respect to topography and finished grade elevation, the effect of the construction on the outlook from surrounding portions of the Property, and all other factors which in the sole opinion of the Committee will affect the desirability or suitability of the proposed improvement. b. Approval or disapproval of the application by the Committee shall be given to the applicant in writing within 30 days of receipt thereof; in the event the approval or disapproval is not forthcoming within 30 days, unless an extension is agreed to by the applicant in writing, the application shall be deemed approved and the construction of the applied for improvements may be commenced provided that all such constructions is in accordance with the submitted plans and provided further that such plans conform in all respects to the other terms and provision of this Declaration. c. Approval by the Committee shall not constitute a basis for liability of the members of the Committee, the Committee or the Owner for any reason including without limitations: (i) failure of the plans to conform to any applicable building codes, or (ii) inadequacy or deficiency in the plans resulting in defects in the improvements. ARTICLE V USE OF PROPERTY Section 1. Protective Covenants. (a) Residential Use. Ail lots shall be used, improved and devoted exclusively to residential use. Nothing herein shall be deemed to prevent an Owner from leasing a Living Unit to a single family, subject to all of the provisions of this Declaration. No more than one Living Unit may be constructed on each lot, although "out buildings" not inconsistent with residential use may be constructed if prior written approval is obtained from the ACC pursuant to these Declarations. Builders may utilize, as approved by Declarant, constructed homes as model homes for such periods as approved in writing by the Declarant. (b) Restriction on Further Subdivision. No lot shall be further subdivided or separated into smaller lots by any Owner other than the Declarant without the written consent of Declarant, and no portion less than all of any such lot shall be conveyed or transferred by an Owner other than the Declarant; provided, however that this shall not prohibit easements, deeds of correction, deeds to resolve boundary line disputes, and similar corrective instruments. (c) Nuisances. No nuisance, obnoxious or offensive activities shall be permitted to exist or operate upon any portion of any property so as to be detrimental to or interfere with any other property in the vicinity there or to its occupants. 11/23/99 99-901 (d) .Pets. Subject to such limitations as may from time to time be set by the Association or ACC, generally recognized house or yard pets, in reasonable numbered, may be kept and maintained at an occupant's residence, provided such pets are not kept or maintained for commercial purposes. Ail pets must be kept under the control of their owner when they are outside the occupant's premises and must not become a source of unreasonable annoyance to other residents, and if any such pets are declared an annoyance by the Association or ACC, they shall be removed from the lot within thirty (30) days after written request from the Association or ACC. No other animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot. (e) Signs. No sign of any type shall be displayed to public view on any lot, except as approved by the ACC. During development of the subdivision, however, builders, realtors and the Declarant may maintain such signs for marketing purposes as are reasonable, and as are approved by the Declarant. In addition, such signs shall be permitted for purpose of resale of a residence in the subdivision. The Declarant will further establish such subdivision signs as it deems appropriate within the signage ordinances established by the County of Chesterfield. (f) Mailboxes and Newspaper Tubes. Only mailboxes and newspaper tubes meeting the design standards of the ACC shall be permitted, except for mail depositories which are the property of the U. S. Post Office Department. The Declarant reserves the right to establish uniform mailbox regulations to govern the erection and/or alteration of mailboxes in the subdivision. Such uniform mailbox regulations will be administered through the ACC. (g) Trash. No lot shall be used or maintained as a dumping ground, and all trash, debris, garbage and other waste shall be stored in appropriate trash receptacles, in the rear yards only. (h) Antennae. Exterior television or other antennae, except as approved by the ACC, are prohibited. (i) Clothes Dryer Equipment. Clothes lines or other clothes drying apparatus shall be screened from public view in a manner approved by the ACC. (j) No trailer, mobile home, tent, shack, garage or other "out building" erected on any Lot shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. (k) Boats, boat trailers, campers, recreational vehicles, oversized vehicles, except 18 wheel tractor-trailer trucks which are prohibited altogether, or utility trailers may be maintained on a residential lot but only within an approved enclosed or screened area such that they are not generally visible from adjacent properties. They may not be parked for longer than twelve (12) hours in the front or side setback areas, or in the street in front of, or to the side of, any lot. Plans for such enclosed or screened area delineating the size, design, specifications, exterior color or finish, and location must be approved by the Architectural Control Committee (ACC) prior to construction. As provided herein, no alteration in the exterior appearance of any enclosed or 11/23/99 99-902 screened area shall be made without like prior written approval by the Architectural Control Committee (ACC). (1) No motor vehicle shall be parked over twelve (12) hours in front of, or on, any lot, without being operable, properly licensed, and with current inspection stickers. (m) Individual sewerage disposal systems shall be permitted on any Lot provided such system is designed, located and constructed in accordance with the requirements, standards and recommendations of state and local public health authorities. Approval of such systems as installed shall be obtained from such authorities. (n) The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency or natural calamities. Houses may not be temporarily or permanently occupied until the exteriors thereof have been completed without prior written approval of the Architectural Control Committee (ACC). During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. (o) In order to insure adequate drainage in said subdivision, no permanent or temporary driveway or entrance into any lot in this subdivision shall be constructed or used until a culvert is installed in the ditch between said property and the roadways in this subdivision, which culverts shall be in accordance with the standards of the Virginia Department of Transportation and the County of Chesterfield. In the event of a noncompliance with this provision, Owner agrees to correct same within fifteen (15) days after written notice from the Declarant, the ACC, or the authorized representative of either. (p) The Declarant, while it may during the course of the development of the Property subject or to be subjected to the covenants, conditions, and restrictions herein set forth, may undertake to maintain certain areas within the rights of way and/or easements within said development. Said conduct on the part of the Declarant shall not be deemed to impose any continuing liability on the Declarant to do so and the Declarant reserve to themselves at all times the right to discontinue any such maintenance. (q) No fence shall be erected, placed or permitted to remain on any lot nearer to any street than the minimum building setback line. (r) Ail sewerage disposal shall be in septic tanks and approved drainage fields as required by the ordinances of the County of Chesterfield or the regulations of the Virginia State Board of Health. Section 2. Maintenance of Property. Each Owner shall keep all lots owned by him, and all improvements therein or thereon free of debris and in good order and repair, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the improvements all in a manner and with such frequency as is consistent with good property management and so as not to detract from the overall beauty of the community and health and 11/23/99 99-903 safety of Walthall Creek, Section 6, residents. No trees 8" in diameter or larger, however, may be cut without prior written approval of the ACC unless "such trees are within 10' of the proposed or existing dwelling unit, or unless such trees are within the area previously approved by the ACC for the driveway, septic field or other improvements." If Owner fails to maintain the premises and the improvements thereon as provided herein, the Association, after 30 days written notice to the Owner, shall have the right to enter upon said lot to correct any violation of this section as stated in the notice. Ail costs related to correcting said violation incurred by the Association may be recovered by the Association by the filing of an appropriate action in a court of competent jurisdiction to recover a judgment against the Owner for such costs, attorneys fees, interest at the statutory rate, and costs of legal action. ARTICLE VI ASSOCIATION Each Owner of a lot, by acceptance of a deed thereto, and by approval of these Declarations, agrees for himself and his successors and assigns as owners of such lot, to become a member of the Walthall Creek Homeowners Association, a Virginia nonstock corporation, and to maintain said membership for the duration of such Owner's ownership of the lot and to comply with the Articles, By-laws and rules and regulations thereof (as the same may be amended from time to time). ARTICLE VII GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land until December 21, 2030, at which time the Declarations will be renewed for periods of ten (10) years unless modified in accordance herewith. Section 2. This Declaration may be amended at any time by an instrument to be record after written consent thereto by a majority of the Owners including the Declarant as to any lots Declarant may then own. For purposes of this provision, Declarant shall be entitled to three (3) votes for each lot they own and other owners shall be entitled to one (1) vote. The consent of the Declarant shall not be required once Declarant has conveyed its entire interest in Section 6, Walthall Creek. Section 3. Enforcement. The Association, any Owner, or the Declarant shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration and of Supplemental Declarations. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 99-904 11/23/99 Section 5. Release of Negative Reciprocal Easements. Ail Owners acknowledge that the Declarant owns other real estate in Chesterfield County, Virginia, which may in some areas be contiguous to the real estate covered hereby. No such other real estate shall be included within the scheme of this Declaration except such additional properties as may be added pursuant to Article II, Section 2, hereof as and when such properties are added. Each Owner, by his acceptance of this Declaration or the deed to this lot, waives any right and interest he may have to the enforcement of all or any portion of this Declaration or any Supplemental Declaration against other real estate not expressly covered by this Declaration. The Declarant therefore reserves to themselves and their successors or assigns, the right to construct or permit construction of and the right to operate and maintain other facilities such as churches, schools, recreational areas, country clubs, shopping centers, etcetera, on other property owned by it in Chesterfield County, Virginia, not included in the Property, provided such other facilities be approved by the Planning Commission of Chesterfield County, Virginia; and provided further that such other facilities are not inconsistent with the development of a high type residential community upon the Property; and any person acquiring any interest in the Property shall be deemed to have consented hereto. IN TESTIMONY WHEREOF, the Board of Directors has caused this instrument to be signed and acknowledged in its corporate name by its President, who has been authorized so to do by resolution of the Board of Directors of said corporation. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 00SN0146 In Matoaca Magisterial District, BROCK'S PROPERTIES requested Conditional Use Planned Development and amendment of zoning district map relative to freestanding sign area and to allow a setback exception. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies in a Community Business (C-3) District on 1.3 acres and is known as 11310 Iron Bridge Road. Tax ID 773-656-8122 (Sheet 25). Ms. Rogers presented a summary of Case 00SN0146 and stated that staff recommends approval of the setback exception and denial of the larger freestanding sign because the larger sign does not conform to the requirements of the Zoning Ordinance. She further stated that the Planning Commission recommends approval of both requests subject to two conditions and indicated that the subject site should be considered separate from the Watertower Shopping Center. Mr. Dave Warren, representing the applicant, stated that the Planning Commission's recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved Case 00SN0146 subject to the following conditions: 11/23/99 99-905 One (1) freestanding business sign not to exceed an aggregate area of forty-one (41) square feet and a height of eight (8) feet shall be permitted. A changeable copy sign may be incorporated into or abut the sign face of the freestanding business sign, provided it does not exceed an area of eleven (11) square feet. (P & CPC) o A thirty-five (35) foot exception to the forty (40) foot rear yard setback requirement shall be granted. (P) (NOTE: At such time that the adjacent property to the west is incorporated into the overall Watertower Development, this condition becomes null and void.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0292 In Dale Magisterial District, WEE FOLKS NURSERY, INC. requested amendment to Special Exception (Case 73A184) and amendment of zoning district map to amend the hours of operation for a day care center. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies in an Agricultural (A) District on 1.0 acre known as 6200 Hopkins Road. Tax ID 780-683-9623 (Sheet 12). Ms. Rogers presented a summary of Case 99SN0292 and stated that the Planning Commission recommends approval subject to one condition. She further stated that the Planning Commission recommends that the proffered condition requiring installation of shrubbery along the parking area's southern boundary not be accepted and that a condition be imposed requiring a fence along the southern edge of the parking area. She stated that there has been discussion with the applicant today and a third alternative would be for the Board to impose a condition to reroute the traffic flow into the site from Hopkins Road by entering at the southernmost access and exiting at the northernmost access which would minimize headlight intrusion to neighbors. Mr. Jim Evans, representing the applicant, stated that, when the original application was submitted, a 6:30 a.m. time opening was imposed as a condition to the application. He further stated that, approximately fifteen years ago, the owner began to open at 6:00 a.m. because of a need in the community, unintentionally violating the County's requirements. He stated that, when the owner was notified of the violation, she attempted to correct the problem by submitting a new application. He further stated that the applicant is suggesting a new condition changing the access to Hopkins Road in an effort to alleviate interference from headlights to the subdivision across the vacant lot. He referenced a petition signed by 155 citizens who have no objection to the earlier opening time and a letter from an adjacent landowner who has never had a problem with noise or headlights and has no objection to the 6:00 a.m. opening time. He presented two pictures showing the proposed entrance and exit and stated that the rerouting should alleviate the headlight intrusion issue. 99-906 11/23/99 Mr. William Grohursky, adjacent landowner, stated that he originally proposed rerouting the traffic flow. He further stated that he now feels there is no diligent way to enforce the change and that a fence should be installed to prevent headlight intrusion. There being no one else to speak to the Case, the public hearing was closed. Mr. Evans stated that there is more than 150 feet between the edge of day care center and Mr. Grohursky's home. He further stated that the property owner does not feel a fence would be appropriate at the day care center and that she offered to install a fence on Mr. Grohursky's property. He stated that he feels the traffic pattern change will not present a problem. When asked, Mr. McCracken stated that the alternative traffic pattern presents no safety concerns. After brief discussion, Mr. Daniel made a motion, seconded by Mr. Barber, for the Board to approve Case 99SN0292 subject to the following conditions: The child care center shall not be open to the public between the hours of 7:30 p.m. and 6:00 a.m. Monday through Saturday. The child care center shall not be open to the public on Sunday. (P) (NOTE: This condition supersedes Condition 3 of Case 73A184. Ail other conditions of Case 73A184 remain in effect.) Accesses to Hopkins Road shall be designated as a one way access system, as follows. The southernmost access shall be designated and signed as an entrance only and the northernmost access shall be designated and signed as an exit only. (?) And, further, condition: the Board accepted the following proffered Landscaping consisting of Ligustrum japonicum shall be installed along the southern property boundary as shown on the Plan entitled Landscaping Plan, attached to the "Request Analysis and Recommendation". This landscaping shall be installed during the Fall 1999 planting season. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16. PUBLIC HEARINGS 16.A. TO CONSIDER ZONING ORDINANCE AMENDMENT RELATING TO RESIDENTIAL USES IN C-3, C-4 AND C-5 DISTRICTS Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider a zoning ordinance relating to residential multifamily and townhouse uses in C-3, C-4 and C-5 Districts. He further stated that the proposed ordinance will increase the minimum acreages for residential multifamily and townhouse projects in C-3, C-4 and C-5 Districts consistent with previous staff interpretations as well as rezonings. He stated that the Planning Commission and staff recommend 11/23/99 99-907 approval and that the ordinance will not take effect until February 1, 2000. There was brief discussion relative to ordinance not affecting a current project. adoption of the Mr. Jacobson clarified the intention of the ordinance relative to allowance for multifamily and townhouse units in all C-3, C- 4 and C-5 Districts. No one came forward to speak in favor of or against this ordinance. The public hearing was closed. Mr. Daniel requested that Mr. Jacobson provide each Board member with a map of their district showing how the ordinance would apply. Mr. Daniel then made a motion, seconded by Mr. McHale, for the Board to defer consideration of the zoning ordinance relating to residential multifamily and townhouse uses in C-3, C-4 and C-5 Districts until December 15, 1999. There was brief discussion relative to the ordinance being more restrictive and to the reasoning behind the implementation date of February 1, 2000. Mr. Daniel called for a vote on the motion made by him, seconded by Mr. McHale, for the Board to defer consideration of the zoning ordinance relating to residential multifamily and townhouse uses in C-3, C-4 and C-5 Districts until December 15, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.B. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON HAPPY HILL ROAD Mr. Stith stated that this date and time has been advertised for a public hearing to consider the restriction of through truck traffic on Happy Hill Road between Branders Bridge Road and South Happy Hill Road. Mrs. Janet Fisher, President of Stony Glen West Homeowners Association, expressed safety concerns relative to children gaining access to the community's playground and stated that the residents of Stony Glen West are opposed to moving through truck traffic from Happy Hill Road to South Happy Hill Road. She recognized eight residents of Stony Glen West present at the meeting who are opposed to the restriction of through truck traffic on Happy Hill Road. Mr. Craig Giegerich, a resident of Happy Hill Road, stated that he feels South Happy Hill Road is designed to carry heavier traffic and that he is in favor of restricting through truck traffic on Happy Hill Road. Mr. Vernon Cousins, a resident of Happy Hill Road, stated that, when rezoning was proposed for development of the Stony Glen Subdivision, the Happy Hill Road residents agreed that if the developer proffered a new road, they would agree to the /23/99 99-908 rezoning request. He expressed concerns relative to the speed limit on Happy Hill Road and stated that he feels truck traffic should be rerouted to the road designed to accommodate it. He presented for the record a letter from the developer of Stony Glen stating that he as aware of the intention of the improvements of South Happy Hill Road and referenced a list of people who are in favor of the traffic being rerouted to South Happy Hill Road. He further expressed safety concerns and read a proffered condition accepted in 1988 during the original rezoning process for Stony Glen, stating that "Happy Hill Road shall be realigned to be routed through the subject parcel in general conformance with the plan as proposed by the Chesterfield County Transportation Department." Ms. Barbara Giegerich stated that, when Stony Glen was proposed, the Happy Hill Road residents were assured by Mr. Autrey, the developer, that a new road would be put through the development to reduce traffic on Happy Hill Road. She further stated that she supports restriction of through truck traffic on Happy Hill Road. Mr. Bruce Wright, a resident of Stony Glen West, requested that the Board consider imposing no through truck traffic from both Happy Hill and South Happy Hill Roads from Harrowgate Road to Branders Bridge Road. Mr. Doug Strother, a resident of Happy Hill Road, presented several pictures of various areas of Happy Hill Road and South Happy Hill Road; presented Virginia Department of Transportation (VDOT) estimates of traffic on both roads; expressed concerns relative to safety on Happy Hill Road; and stated that he is in favor of restricting through truck traffic on Happy Hill Road between Branders Bridge Road and South Happy Hill Road. Mr. Frederick Atkins, a resident of Stony Glen West, expressed concerns relative to allowing a road to run through a subdivision and requested that the Board consider restricting truck traffic completely on Happy Hill Road from Harrowgate Road to Branders Bridge Road. Ms. Bonnie Leber, a resident of Happy Hill Road, expressed concerns relative to safety and stated that she is in favor of restricting truck traffic on Happy Hill Road. There being no one else to speak to the issue, the public hearing was closed. There was brief discussion relative to restriction of through truck traffic on Irongate Drive and to the difficulty involved with requesting that VDOT restrict through truck traffic on both Happy Hill and South Happy Hill Roads. Mr. McCracken reviewed the Thoroughfare Plan as it relates to Happy Hill and South Happy Hill Roads. Mr. McHale stated that Happy Hill Road is a relatively unimproved country road and that the Thoroughfare Plan calls for a four lane road from Route 10 ultimately connecting at Jefferson Davis Highway. He further stated that he feels the intention of the past Board of Supervisors, when negotiating with the neighbors for the development of Stony Glen and Stony Glen West, was to remove traffic from Happy Hill Road. He stated that the developer expressed in his letter that he was 11/23/99 99-909 aware of the intention of the improvements on South Happy Hill Road. He further stated that he feels it is appropriate for subsequent Boards of Supervisors to adhere to the intentions of past Boards of Supervisors. Mr. McHale then made a motion for the Board to adopt a resolution restricting through truck traffic on Happy Hill Road between Branders Bridge Road and South Happy Hill Road. There was brief discussion relative to the possibility of decreasing the speed limit on Happy Hill Road. Mr. Warren seconded the motion made by Mr. McHale. Mr. Daniel then called for a vote on the motion made by Mr. McHale, seconded by Mr. Warren, for the Board to adopt the following resolution: WHEREAS, the Chesterfield County Board of Supervisors received a request to restrict any through tr. uck or truck and trailer or semi-trailer combination except pickup or panel trucks from using Happy Hill Road between Branders Bridge Road and South Happy Hill Road; and WHEREAS, the recommended alternate route is South Happy Hill Road and Branders Bridge Road; and WHEREAS, Chesterfield County will use its good offices for enforcement of the proposed restriction; and WHEREAS, the Board has conducted a public hearing on the restriction. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Happy Hill Road. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel requested a five minute recess. Reconvening: 16.C. TO CONSIDER A~ ORDINANCE PROVIDING FOR BACKGROUND CHECKS FOR CERTAIN EMPLOYEES AND VOLUNTEERS Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance providing for background checks for certain employees and volunteers. He reviewed the employee groups for which the County currently conducts background searches; databases that would be searched if the ordinance were adopted; and groups of people who would be searched under the proposed ordinance. He stated that, since the Board's work session on October 13, 1999, the County Administrator has worked with the Parks and Recreation Advisory Contmittee and recommends revisions from the original draft ordinance including creation of a committee to make implementation and action recommendations; an appeal process for accuracy to the County Administrator; mandatory participation by "co-sponsored" organizations and leagues; all 99-910 11/23/99 costs to be paid by the County; and the search process to be administered by Human Resources to protect confidentiality. He further stated that the County Administrator is recommending an effective date of March 1, 2000 and that a report be presented to the Board by February 1, 2000 explaining implementation of the ordinance and other issues addressed by the advisory committee. Mr. Richard Worcester, President of Chesterfield Baseball Clubs ICBC), stated that the Board of Directors adopted a resolution on November 21, 1999 opposing the background searches on employees and volunteers providing services to juveniles. He further stated that CBC will not endorse the proposed background searches until the committee's work is complete and specifics are presented. There was brief discussion relative to loss of volunteers because of imposition of background searches. Mr. Tim Mick, Chairman of the Parks and Recreation Advisory Commission, stated that he feels the Board should defer adoption of the ordinance until the committee brings back a recommendation. Ms. Terry Minor, President of A. M. Davis Athletic Association, stated that she currently checks all of Davis's coaches under the sex Offender Registry and suggested that, in lieu of a complete background searches, the organizations be mandated to check their volunteers through the Sex Offender Registry. She expressed concerns relative to limiting volunteers within the associations; confidentiality issues; and the necessity of an appeal process. She stated that she feels there should be a 100 percent search of the Sex Offender Registry rather than a random search. There was brief discussion relative to associations imposing Sex Offender Registry searches if mandated by the County. Mr. Jim Beck, President of the Chesterfield Quarterback League, stated that the Quarterback League cannot support background checks at this time. He requested that the Board table consideration of the ordinance until the committee can provide further information. Mr. Otis Green, representing Manchester Rescue Squad, stated that the rescue squad unanimously supports the background checks. He noted that the rescue squad currently performs State Police background checks on all volunteers. Mr. Harold McManus, a member of the Parks and Recreation Advisory Commission, stated that he is in favor of the Board taking some action relative to background checks. He expressed concerns relative to giving parents a false security by implementing background searches and the necessity for a high level of confidentiality. Mr. Sherman Litton, representing Chesterfield Basketball League (CBL), stated that the CBL wholeheartedly supports the background searches. There being no one else to speak to the ordinance, the public hearing was closed. 99-911 11/23/99 Mr. Daniel expressed concerns relative to the necessity for implementing an ordinance for total background checks. He stressed the importance of including the leadership of the organizations involved with children in the committee to make recommendations to the Board. Mr. McHale stated that he originated the issue because of reaction to a particular case and several phone calls from constituents. He further stated that he feels the Board needs to take action, but would be willing to defer the issue pending further information. He expressed concerns relative to the impact of the proposed ordinance on voluntarism and the necessity for a universal system. There was brief discussion relative to the members who would comprise the committee to make implementations and recommendations. Mrs. Humphrey stated that she feels the background searches need to address crimes against juveniles only. She requested that the committee study the issue thoroughly and bring back recommendations to the Board. Mr. Barber stated that Mr. Ramsey indicated at the Board's work session on October 13, 1999 that this tool would be helpful in evaluating County employees and applicants and suggested that the Board adopt the ordinance at this time to require background searches for employees and applicants only who work with children. He suggested that the Chairman of the Emergency Medical Services Advisory Board or his designee be appointed to the committee and that recommendations be brought to the Board for implementation of background searches for County volunteers and co-sponsored leagues. Mr. Warren stated that he feels employees and applicants need to be separated from volunteers and that he is prepared to implement the recommendations at this time for employees and applicants only. There was brief discussion relative to implementation of the ordinance with respect to volunteers within the school system and to adopting the ordinance only as it applies to employees and applicants. On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY ADDING A NEW SECTION 2-79 RELATING TO CRIMINAL HISTORY AND CHILD PROTECTIVE SERVICES REGISTRY SEARCHES OF CERTAIN EMPLOYEES AND APPLICANTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Code of the County of Chesterfield, 1997, as amended, is amended by adding a new section 2-79 as follows: Section 2-79. Personnel background searches. a. In addition to other background searches authorized by local, state or federal law, the County Administrator and his designees are authorized to conduct (1) criminal history record 99-912 searches (2) sex offender and crimes against minors registry searches and (3) child protective services central registry searches on the following individuals: 1. Full-time and part-time County employees who provide services to juveniles. 2. Applicants for County employment, both full-time and part-time, who will provide services to juveniles and who have received a conditional offer of employment. b. The County Administrator is authorized to identify employee positions which meet the criteria of subsection a and to incorporate such list into an administrative policy which implements the provisions of this section. Such administrative policy shall indicate whether such searches shall be universal or random and shall identify consequences for past behavior. c. Ail employees, and applicants identified in subsections a and b shall execute, as a condition of employment or service, the necessary documents to permit the searches described in this section and shall cooperate with all agencies providing information. d. Any employee disciplined as a result of a background search may grieve such discipline in accordance with the County grievance procedure. e. In the interest of public welfare and safety it is necessary to determine whether the past criminal or protective services conduct of each person described in subsections a and b is compatible with the nature of each person's employment. (2) 2000. That this ordinance shall become effective January 1, Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. There was brief discussion relative to the establishment of and appointment to an advisory committee to bring recommendations to the Board relative to background checks for volunteers and co-sponsored volunteers. Mr. McHale suggested that Mr. Ramsey be allowed to add representation as he deems necessary. After brief discussion, on motion of Mr. McHale, seconded by Mr. Barber, the Board established an advisory committee to include, at a minimum, three people appointed by the Parks and Recreation Advisory Committee, and one person from Social Services, County Attorney, Parks and Recreation, Human Resource Management, Police Department and Fire Department, as well as the Chairman of the Emergency Medical Services Advisory Board, or his designee, to bring recommendations relative to background checks of volunteers and co-sponsored volunteers to the Board on May 24, 2000. And, further the Board charged the committee with ensuring that information be shared with all of the various volunteer organizations before making their recommendations. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. There was brief discussion relative to mandating searches of the Sex Offender Registry by volunteer organizations. Mr. Ramsey stated that the Police Department has indicated that the Sex Offender Registry could easily create a false sense of security. He further stated that the State Police Criminal Information System is the most accurate comprehensive tool available for background checks. It was generally agreed that the Board would receive the advisory committee's recommendations before mandating searches of the Sex Offender Registry by volunteer organizations. 16.D. TO CONSIDER AN ORDINANCE AMENDING THE CODE OF CHESTERFIELD COUNTY TO ALLOW PROPERTY OWNERS TO AUTHORIZE THE POLICE DEPARTMENT TO PROHIBIT TRESPASSING ON PRIVATE PROPERTY Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance to allow property owners to authorize the Police Department to prohibit trespassing on private property. Lieutenant Bob Pridemore, representing Colonel Baker, stated that the Police Department supports adoption of the ordinance. There being no one else to speak to the ordinance, the public hearing was closed. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 14-22.1 RELATING TO DESIGNATION OF POLICE TO ENFORCE TRESPASS VIOLATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-22.1 of the Code of the County of Chesterfield, 1997, as amended, is added to read as follows: Sec. 14-22.1. Designation of Police to Enforce Trespass Violations. The owner of real property in the county may designate the Chesterfield County Police Department as a "person lawfully in charge of the property" for the purpose of forbidding another to go on or remain upon the lands, buildings, or premises of the owner as specified in the designation. In order to be effective, any such designation must be in writing on a form prescribed by the Chesterfield County Police Department and must be on file with the Chesterfield County Police Department. (2) That this ordinance shall become effective upon adoption. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.E. TO CONSIDER AN ORDINANCE AMENDMENT TO PERMIT THE COUNTY TO RECOVER THE ACTUAL COSTS OF LOCATING, CAPTURING, OR DISPOSING OF EXOTIC OR POISONOUS ANIMALS FOUND RUNNING AT LARGE Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance amendment to permit the County to recover the actual costs of locating, capturing or disposing of exotic or poisonous animals found running at large. Lieutenant Bob Pridemore, representing Colonel Baker, stated that the Police Department supports adoption of the ordinance. There being no one else to speak to the ordinance, the public hearing was closed. On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 4-3 RELATING TO WILD, EXOTIC AND POISONOUS ANIMALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 4-3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 4-3. Wild or exotic animals. A. A wild or exotic animal means any (i) live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded mammal, (ii) poisonous snake, (iii) tarantula, (iv) other poisonous animal normally found in the wild, or (v) any member of the crocodilian family including, but not limited to, alligators, crocodiles, caimans, and gavials. Nonpoisonous snakes, ferrets, rabbits, laboratory rats, gerbils, hamsters and other similar small mammals, and other domesticated animals which have been bred in captivity are not wild or exotic animals. B. No person shall keep or permit to be kept on his premises any wild or exotic animal as a pet, for display, or for exhibition purposes, whether gratuitously or for a fee. This prohibition shall not apply to performing animal exhibitions, circuses, veterinary clinics, or indoor/outdoor recreational facilities which have proper zoning and licenses from the government; provided however, that no person shall exhibit or display any wild or exotic animal in a manner so that persons other than their handlers can pet, fondle or come in direct physical contact with them. C. The owner of any exotic or poisonous animal found to be running at large off of the owner's property shall reimburse the county for its actual costs incurred, including without limitation the actual cost of the time expended by the animal warden, deputy animal warden or other county personnel, in locating and capturing or otherwise disposing of the animal. D. Nature centers, refuges or parks owned or operated by the federal, state or local government are exempt from this 99-915 11/23/99 section. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16 .F. TO CONSIDER AN ORDINAI~CE REQUIRING PAYI~ENT OF INTEREST ON ERRONEOUS TAX ASSESSMENTS Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance requiring payment of interest on erroneous tax assessments. No one came forward to speak in favor of or against this ordinance. On motion of Mr. Warren, seconded by Mr. McHale, the following ordinance was adopted: AN ORDINANCE TO AMEND AND REENACT SECTION 9-7 OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1998, AS AMENDED, RELATING TO THE PAYMENT OF INTEREST ON ERRONEOUS TAX ASSESSMENT REFUNDS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-7 of the Code of the County of Chesterfield, 1998, as amended, is amended and re-enacted to read as follows: Sec. 9-7. Refunds. (a) If the commissioner of the revenue or the real estate assessor is satisfied that he has erroneously assessed any taxpayer with a local tax, he shall certify to the treasurer the amount erroneously assessed. If the tax has not been paid, the taxpayer shall be exonerated from payment of the tax. If the tax has been paid, the tax and applicable penalties and interest shall be refunded with interest to the taxpayer in accordance with Code of Virginia, ~ 58.1-3916. (b) The interest paid under subsection (a) shall be paid at a rate equal to the rate imposed by the county for delinquent taxes. Interest on the refund shall be calculated from the later of (i) the date the taxes were due, ii) the date the taxes were paid, or (iii) July 1, 1999. (c) The refund procedure established by this section shall not apply to refunds resulting from the commissioner of the revenue's decision to reclassify a business for business license taxation; however, those refunds may be processed in accordance with Code of Virginia, ~§ 58.1-3980 and 58.1-3981. Code 1978, ~ 8-12.7) (2) That this ordinance immediately upon adoption. shall become effective Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.G. TO CONSIDER FY2000 SCHOOL BOARD GRANT REVISIONS Ms. Dickson stated that this date and time has been advertised for a public hearing to consider an amendment to the FY2000 budget to appropriate $636,407 in additional grant funds received for the School budget. No one came forward to speak in favor of or against this issue. On motion of Mrs. Humphrey, seconded by Mr. Daniel, the Board amended the FY2000 School Budget by adding eleven new full time positions and appropriating $636,407 in additional grant funding to the following grant categories: FY00 Special Education IDEA FY00 Preschool Handicapped Grant FY00 Carl Perkins Vocational Education Grant FY00 Title I Grant FY00 Title II Grant Summer 99 JTPA/CATC (Title II) Grant FY00 Title VI Grant FY00 Title VI Class Size Reduction Grant 1999-00 Goals 2000 Technology Grant FY00 Headstart Grant FY00 Interpreter Training Grant FY00 Project Exit Grant FY00 Drug Free Grant FY00 Cross Age Conflict Resolution Grant (Drug Free) FY00 High Schools That Work Grant FY00 Contemporary Issues/Community Service Grant Governor's Best Practice Center FY00 Dropout Prevention Grant FY00 CIS - Elementary Model Grant FY00 Capital One Vocational Grant FY00 Crestwood First II Grant FY00 Bensley Tutorial Program Grant FY00 Grants Administration FY00 High Schools That Work FY00 Capital One Vocational Grant $130,884 21,082 51,811 118,256 1,585 5,116 2,980 3,027 167,945 16,674 6,300 4,500 689 13,300 7,500 2,000 58,525 37 5,000 44,000 10,000 6,000 17,162 3,750 2,500 Total School Grant Fund Revisions $636,407 Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no Remaining Mobile Home Permits and Zoning Requests. 18. AD JOINT On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adjourned at 10:09 p.m. until December 15, 1999 at 3:30 p.m. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Lane B. Ramsey / County Administrator H J